EXHIBIT 22-B
OUTLINE OF
PROPOSED REVISIONS TO
MPWMD REGULATION XIV, WATER CONSERVATION
Aug 25, 2009
Assumptions
1. The existing conservation regulation will apply to all Water Permits issued up to the date specified in the new regulation. The same will apply to and Change of Title/Use. The ordinance will set a specific date for which the new regulation applies. Water Permits issued prior to that date would be subject to the existing regulation. This same theory would apply to Change of Title and Change of Use.
2. The existing conservation requirements will be summarized in the new regulation as a reference for future enforcement of those properties subject to those regulations. In the past, changes to rules resulted in deletion of previous requirements, making it difficult for permit-holders to ensure compliance with the rules in effect at the time the permit is issued.
3. Proposed increased conservation measures may impact the availability of Water Credits for a property has had a Change of Ownership or Change of Use or was New Construction after the effective date of the ordinance. Tables 1 and 4 will be amended effective January 1, 2010. The local building departments will be notified of this change immediately upon adoption of the ordinance (in September).
4. Documented Water Use Credits issued prior to January 1, 2010 for retrofits required by this regulation will be honored until the credit expires.
5. MWPMD will be referring to WaterSense labeling (a partnership program sponsored by the U.S. Environmental Protection Agency) and Water Factor ratings for Washing Machines and Dishwashers to be consistent with requirements and recommendations of the California Urban Water Conservation Council.
NEW DEFINITIONS
Best Management Practices
Cooling Tower
Day Spa
High Efficiency Commercial Dishwasher
High Efficiency Urinal
Rotating Sprinkler Nozzle
Pint Urinal
Water Efficient Ice Maker
Water Efficient Pre-Rinse Spray Valve
Water Factor
Weather Based Irrigation Controller
AMENDED DEFINITION
Ultra Low Consumption Dishwasher changed to High Efficiency Dishwasher
Ultra Low Consumption Washing Machine changed to High Efficiency Washers
DELETED DEFINITION
Low Water Use Plumbing Fixtures
RESIDENTIAL WATER EFFICIENCY
STANDARDS FOR NEW STRUCTURES:
Current Standards (Rule 142):
ULF (1.6 gallons per flush toilets)
1.0 gallon per flush urinals (when installed)
2.5 gallons per minute (gpm) showerheads
2.2 gpm faucet aerators
Instant-Access Hot Water System
Drip Irrigation where appropriate
Proposed Standards:
In addition to the current standards, after January 1, 2010, the
following measures are proposed for Residential New Structures:
1. High Efficiency
Toilets (i.e. a toilet designed with a maximum average flush of 1.28 gallons). In
2007, California adopted legislation that will lower the allowable flush volume
for toilets and urinals to the high-efficiency toilet (HET) and high-efficiency
urinal (HEU) standards that many water utilities have been promoting (see EBN Vol. 16, No. 1).
These new standards—which reduce the flush-volume limit from the u8hmandated
1.6 gallons to 1.28 gallons for toilets and from 1.0 gallons to 0.5 gallons for
urinals—will be phased in starting in 2010, with full implementation by 2014.
The Plumbing Manufacturers Institute (PMI), the leading plumbing industry
organization in the
2. Urinals, when
installed in a Residential use, have a maximum of 0.125 gallons per flush (gpf)
(one pint). Zero Water Consumption. This standard is greater than High
Efficiency Urinals (0.5 gpf).
3. Showerheads, Rain
Bars, or Body Spray Nozzles manufactured to emit a maximum of 2.0 gallons per
minute of water.
4. Multiple
Showerheads in one stall requires timers for each Showerhead, Rain Bar, or Body
Spray Nozzle, with a maximum three minute operating increment.
5. Lavatory Sink
faucets are to be fitted with aerators manufactured to emit less than 1.5
gallons of water per minute at 60 psi;
6. High Efficiency
Washers with Water Factor ratings of 5.0 or less will be installed and
maintained on the Site when a Washing Machine is permitted by a Water Permit;
7. High Efficiency Dishwashers
will be installed and maintained on the Site when a Dishwasher is permitted by
a Water Permit;
8. Instant-Access Hot
Water System(s) will be installed to provide hot water at any hot water access
point within ten (10) seconds;
9. All hot water pipes
must be fully insulated.
10. Sodium chloride
(salt) water softeners are discouraged in New Construction. Alternative technologies, such as potassium
chloride, will be recommended. When a sodium
chloride water softener is to be installed within the MPWMD, the unit will use demand-initiated
regeneration which senses when the resin must be recharged, either
electronically or with a meter that measures and calculates usage. The DIR system saves on softening pellets
and backwash water because it doesn't recharge unless necessary.
11. All New
Construction will install and maintain Landscaping that complies with the State
Model Landscape Ordinance as revised or with local landscape requirements if
more restrictive.
12. Irrigation System.
a. Weather-Based
Irrigation System Controllers (e.g. Smart Controllers) will be installed, used
and maintained on Sites with where there is an Irrigation System serving an
area greater than 2,000 square-feet;
b. Rain Sensors will
be installed on all other Irrigation Systems that operate with an irrigation
controller. Note that irrigated areas
of greater than 2,000 square-feet require a Weather-Based Irrigation
Controller.
c. Soil Moisture
Sensors will be encouraged for Irrigation Systems that have an automatic
Irrigation System controller;
d. Drip Irrigation is
to be utilized for watering all non-turf irrigated plantings;
e. Water
efficient spray heads that rotate while emitting multiple distinct streams of
water at one-third of the rate of conventional spray heads or subsurface
irrigation must
be utilized for turf irrigation;
f.
Overhead spray irrigation is not be used for
irrigation of non-turf Landscaping, including trees and shrubs;
g. Rainwater
collection/irrigation systems will be encouraged to supplement irrigation for
new Landscaping. New Structures will be encouraged to include one or more
rainwater cisterns and a system to provide at least 75 percent of exterior
irrigation during normal rainfall years.
Systems must be compliant with local catchment system standards.
NON-RESIDENTIAL WATER EFFICIENCY STANDARDS FOR NEW STRUCTURES:
Current Standards (Rule 142):
ULF (1.6 gallons per flush toilets)
1.0 gallon per flush urinals (when installed)
2.5 gallons per minute (gpm) showerheads
2.2 gpm faucet aerators
Instant-Access Hot Water System
Drip Irrigation where appropriate
Proposed Standards
In addition to the current standards, after January 1, 2010, the
following measures are proposed for Non-Residential New Structures:
1. High Efficiency
Toilets;
2. Urinals with a
maximum 0.125 gpf (one pint) flush. Zero
Water Consumption Urinals are encouraged in settings where there is a regular
maintenance staff.
3. Shower fixtures
must be equipped with scald protection valves rated for 2.0 gallons per
minute
showerheads;
4. Showerheads, Rain
Bars, or Body Spray Nozzles must emit no more than 2.0 gallons per minute of water. Multiple fixtures in one stall require timers
that allow three minute operating increments.
5. Public
Lavatory faucets will be set to emit no more than 0.5 gallon of water per
minute at 60 psi in all applications other than residences, hotel/motel guest
rooms, and private rooms in hospitals.
This includes such applications as single-tenant and multi-tenant office
buildings, schools, gymnasiums, manufacturing facilities, public buildings
(including those where the general public is denied access), bars, restaurants,
retail stores, etc.
6. Public Lavatory Sinks are to be equipped with automatic shut off devices or sensor faucets that operate with a maximum flow of 0.25 gallons per cycle.
7. High
Efficiency Washers with Energy Star water factors of 5.0 or less.
8. High
efficiency commercial dishwashers will be required when a dishwasher is
installed in a New Structure. Specific qualifying criteria to be developed.
9. Instant-Access Hot
Water System(s) will be installed to provide hot water at any access point
within ten (10) seconds.
10. Hot water pipes must
be fully insulated.
11. Sodium chloride
(salt) water softeners are discouraged in New Construction. Alternative technologies, such as potassium
chloride, will be recommended. When a
sodium chloride water softener is to be installed within the MPWMD, the unit
will use demand-initiated regeneration which senses when the resin must
be recharged, either electronically or with a meter that measures and
calculates usage.
12. The implementation
of water conservation Best Management Practices is to be integrated into
construction and operation of the project to the extent possible.
13. Water
Efficient Pre-Rinse Spray Valves will be utilized when a pre-rinse spray valve
is installed. The federal Energy Policy Act of 2005 established a limit of 1.6
gallons per minute (gpm) for pre-rinse spray valves, which are used to remove
food scraps from dishes in commercial kitchens. EPAct 2005 also established,
for the first time, a maximum water
factor (gallons per wash cycle per cubic foot of capacity) for
commercial dishwashers (setting that maximum at 9.5).
14. Ice
machines, hydraulic equipment, refrigeration condensers, x-ray processing
equipment, air compressors, vacuum pumps, etc. are not to utilize single-pass
water use systems. Air-cooled or better
technology will be installed when available.
15. Water
cooled refrigeration equipment is prohibited when an alternative cooling
technology is available at the time the Water Permit is issued. Most of
this equipment has air-cooled options available. Additionally, the user can
recirculate cooling water to reduce waste.
16. Cooling
Towers must be equipped with ph conductivity controllers that are used to
increase the number of cycles that can be achieved. A
conductivity controller can continuously measure the conductivity of the
cooling tower water and discharge water only when the conductivity set point is
exceeded.
17. Boiler-less steamers or connectionless steamers will be installed in place of boiler-based steamers when a steamer is installed in New Construction. Steamers are commonly used in schools, hotels, hospitals and many restaurants for large-scale cooking of vegetables, fish, rice and steamed foods. Most food service establishments use the boiler-based atmospheric steamer. These are "zero pressure" steamers where steam is injected into the cooking chamber. These units typically use between 20 and 40 gallons of potable water per hour while in operation. New boiler-less steamers, sometimes called connectionless steamers, are jacketed. The cooking chamber and steam chamber are separated and the condensate is returned and reused. The steamers use much less water than atmospheric steamers, typically 2-3 gallons per hour. Because of the significant energy savings associated with units, EPA has granted Energy Star ratings to many of these units.
18. New Construction must install and maintain Landscaping that complies with the State Model Landscape Ordinance as revised or with local landscape requirements if more restrictive.
19. Irrigation System.
a. Weather-Based
Irrigation System Controllers (e.g. Smart Controllers) will be installed, used
and maintained on Sites with where there is an Irrigation System serving an
area greater than 2,000 square-feet;
b. Rain Sensors will
be installed on all other Irrigation Systems that operate with an irrigation
controller. Note that irrigated areas
of greater than 2,000 square-feet require a Weather-Based Irrigation
Controller.
c. Soil Moisture
Sensors will be encouraged for Irrigation Systems that have an automatic Irrigation
System controller;
d. Drip Irrigation
will be utilized for watering all non-turf irrigated plantings;
e. Water
efficient spray heads that rotate while emitting multiple distinct streams of
water at one-third of the rate of conventional spray heads or subsurface
irrigation must
be utilized for turf irrigation;
f.
Overhead spray irrigation is not be used for
irrigation of non-turf Landscaping, including trees and shrubs;
g. Rainwater
collection/irrigation systems will be encouraged to supplement irrigation for
new Landscaping. New Structures will be encouraged to include one or more
rainwater cisterns and a system to provide at least 75 percent of exterior
irrigation during normal rainfall years.
Systems must be compliant with local catchment system standards.
CHANGE OF OWNERSHIP OR MODIFICATIONS TO AN
EXISTING WATER DISTRIBUTION SYSTEM (E.G. PROJECTS THAT REQUIRE A WATER PERMIT)
Current standards:
ULF (1.6 gallons per flush toilets)
1.0 gallon per flush urinals (when installed)
2.5 gallons per minute (gpm) showerheads
2.2 gpm faucet aerators
Proposed Standards for Change
of Ownership or Modifications that Require a Water Permit
In addition to the current standards, after January 1, 2010, the
following measures are proposed for Change of Ownership and modifications that
require a Water Permit:
1. High Efficiency
Toilets are to replace all non-HET toilets that were installed more than ten
(10) years from the date of Change of Ownership or Change of Use.
2. Urinals designed
to use no more than 0.125 gpf (one pint) per flush will replace existing higher
flow urinals with the exception of those fixtures that require replumbing to
meet this requirement. Exempted urinals must
be retrofit with flush valve kits to reduce the flush volume to 0.5 gallons per
flush, if possible. Zero Water
Consumption Urinals will be encouraged (not required) in settings where there is
a regular maintenance staff;
3. Showerhead flow
rates will meet or exceed New Construction standards;
4. Bathroom faucet
flow rates will meet or exceed New Construction standards;
5. Kitchen faucet
flow rates will meet or exceed New Construction standards;
6. Modifications that
involve hot water trigger a requirement for an Instant-Access Hot Water System.
7. All new or
replaced hot water pipes must be insulated.
8. When
a Site has pre-rinse spray valves, Water Efficient Pre-Rinse Spray Valves must
be installed;
9.
Automatic irrigation systems must be equipped with
a Rain Sensor upon Change of Ownership and as a condition of any Water Permit;
10. The implementation
of Non-Residential Best Management Practices is to be integrated into
construction and operation of any New Structure to the extent possible.
11. Changes of Use and Expansions
of Use that require a Water Permit shall not utilize or install any single-pass
water use systems in ice machines, hydraulic equipment, refrigeration
condensers, x-ray
processing equipment, air compressors, vacuum pumps, etc. Air-cooled or
better technology shall be installed when available;
12. Changes of Use and Expansions
of Use that require a Water Permit shall not utilize or install any Water
cooled refrigeration equipment when there is alternative cooling technology
available at the time the Water Permit is issued;
13. Automatic irrigation systems, with the exception of
Weather-Based Irrigation Systems, shall be retrofit to include a Rain Sensor.
NON-RESIDENTIAL CHANGE OF USE
Current standards:
ULF (1.6 gallons per flush toilets)
1.0 gallon per flush urinals (when installed)
2.5 gallons per minute (gpm) showerheads
2.2 gpm faucet aerators
Proposed Standards for
Non-Residential Change of Use
In addition to the current standards, after January 1, 2010, the
following measures are proposed for Non-Residential Change of Use:
1. High Efficiency
Toilets will replace all non-HET toilets that were installed more than ten (10)
years from the date of Change of Ownership or issuance of a Water Permit;
2. Urinals designed
to use no more than 0.125 gpf (one pint) per flush are to replace existing
higher flow urinals with the exception of those fixtures that require
replumbing to meet this requirement.
Excepted urinals will retrofit with flush valve kits to reduce the flush
volume to 0.5 gallons per flush, if possible.
Zero Water Consumption Urinals will be encouraged in settings where
there is a regular maintenance staff;
3. Showerhead flow
rates will meet or exceed New Construction standards;
4. Bathroom faucet
flow rates will meet or exceed New Construction standards;
5. Kitchen faucet
flow rates will meet or exceed New Construction standards;
6. Water
Efficient Pre-Rinse Spray Valves will be utilized when a pre-rinse spray valve
is installed;
7. The implementation
of Best Management Practices will be integrated into operation of the project
to the extent possible.
MANDATORY
CONSERVATION REQUIREMENTS (Rule 143)
Current standards (apply to Non-Residential uses only):
Non-Residential Water Users must have 2.5 gallons-per-minute faucet aerators and showerheads;
Toilets which exceed 3.4 gallons-per-flush must have a one-gallon reduction device installed;
Visitor-Serving Facilities must be retrofitted with Ultra-Low Flush Toilets.
Proposed Conservation
Requirements
In addition to the current standards, after January 1, 2010, the
following conservation requirements are proposed:
1. High Efficiency Toilets are to be installed exclusively in the District after January 1, 2010.
2. Any person who purchases and installs an
automatic Irrigation System that is not a Weather-Based Irrigation System will
be encouraged to install and maintain a Rain Sensor on the system. Rain sensors are available for approximately
$30 wherever irrigation supplies are sold, and are available at no cost to
MPWMD water Users from MWPMD. A
homeowner or irrigation professional can install them.
3. Visitor-Serving Facilities shall, by December 31, 2012, be retrofitted exclusively with High Efficiency Urinals, High Efficiency Washers, and Water Efficient Ice Makers. There is an exception to this rule when the Washing Machine or ice maker meets Energy Star specifications and was purchased and installed between January 1, 2007 and January 1, 2010: These appliances must comply with this provision by January 1, 2020.
4. All Non-Residential structures constructed before January 1, 2010 shall be retrofitted exclusively with High Efficiency Toilets by December 31, 2012, except as provided by Rule 146 (Discretionary Exemptions). All Visitor-Serving Facilities that retrofit to 1.6 gallons-per-flush toilets pursuant to Rule 143-A-1 (Visitor-Serving Facilties) or where 1.6 gallons-per-flush toilets were installed prior to January 1, 2010 will be exempt from this requirement. Replacement of Ultra-Low Consumption Toilets after January 1, 2010 shall be with High Efficiency Toilets. All Non-Residential structures must comply with this provision by January 1, 2020.
5. By December 31, 2012, all Non-Residential laundry facilities shall be equipped exclusively with High Efficiency Washers rated with a Water Factor of 5.0 or below. There is an exception to this rule when the existing appliance was purchased between January 1, 2006 and January 1, 2010 and rates a Water Factor of 5.1-6.0: These appliances must comply with this provision by January 1, 2020.
6. Non-Residential Car Washes. By December 31, 2012, all Non-Residential car wash facilities will recycle and reuse a minimum of 50 percent of the water used in the wash and rinse cycles. This is currently required for commercial car washes through the District’s Water Waste rules.
7. Mobile Water Distribution Systems must use water meters at the Source of Supply. Records of the location and quantity of water delivered shall be provided by the Owner or Operator to MPWMD upon request of the General Manager.
8. By July 1, 2010, all Non-Residential
facilities that utilize one or more Pre-Rinse Spray Valves will install and maintain
Pre-Rinse Spray Valves that flow at a maximum of 1.6 gallons per minute.
9. Hotel/motel guest rooms must utilize towel and linen reuse programs, whereby towels and linens are changed every three days or as requested by action of the guest.
10. Visitor-Serving Facilities are not to serve water to guests except upon request. This is currently a requirement and is shown in the Water Waste definition in Rule 11.
MANDATORY
CONSERVATION MESSAGING REQUIREMENTS (Rule 154)
Current standards:
All Visitor-Serving and Public and Quasi-Public Facilities must display in visible locations in all restrooms, kitchens, and dining areas, placards or decals promoting public awareness of the need for water conservation and/or advising the public that waste of water is prohibited.
The owner and/or manager of each rental property must
provide a pamphlet, brochure, or other literature to current and future tenants
that list the water conservation requirements, including the Water Waste and
Non-Essential Water Use regulations of the District.
Proposed Conservation Messaging
Requirements
In addition to the current standards, after January 1, 2010, the
following messaging requirements are proposed:
1. Visitor-Serving
Facilities will provide written notice that drinking water is available only
upon request on the table(s) or menu(s) of each facility. This is currently a requirement and is shown in the Water Waste
definition in Rule 11.
2. Areas
utilizing alternative sources of irrigation water (i.e. purified recycled
water, subpotable/nonpotable water, rainwater and graywater, etc.) are to be
encouraged to provide notice of the alternative supply, either by erecting a
sign in compliance with local codes or by identifying the alternative supply in
other venues such as in newsletters, websites, etc.
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