ITEM:

ACTION ITEM

 

 

22.

DISCUSS REQUEST OF DIRECTOR BROWER TO CONSIDER A REVISION TO DISTRICT RULE 25.5.C, WATER USE CREDITS AND ON-SITE WATER CREDITS

 

Meeting Date:
August 16, 2010

Budgeted: 

N/A

 

From:

Darby Fuerst,

Program/

N/A

 

General Manager

Line Item No.:

 

Prepared By:

Stephanie Pintar

Cost Estimate:

N/A

 

General Counsel Review:  N/A

Committee Recommendation:  The Water Demand Committee reviewed this item on July 21, 2010, and recommended no action (2-1). 

CEQA Compliance:  N/A

 

SUMMARY: Director Brower has requested consideration of an extension of two to five years for Water Use Credits due to the current economic conditions.  Water Use Credits are documented when there is a Permanent Abandonment of Use or installation of Ultra-Low Water Use Technology and allow the reuse of that increment of water on the same Site.  Water Use Credits allow the reuse of water on a Site for up to ten years.

 

DISCUSSION:  A letter discussing this matter from Jason Retterer of Lombardo & Gilles to Director Brower is attached as Exhibit 22-A.  This letter discusses legislation enacted in 2009 (AB333, Fuentes) that lengthens the life of entitlements related to subdivision map approvals.  The bill was adopted by the State Legislature in response to economic recovery concerns.  A similar ordinance was considered by Monterey County in 2010 to amend the County Zoning Ordinance to provide a one-time 24-month automatic extension to certain classes of discretionary use permits.

 

District Rule 25.5 governs the establishment and timeline for use of Water Use Credits.  Water Use Credits were added to the Rules and Regulations in 1992 with the adoption of Ordinance No. 60 which enacted two levels of Water Use Credits, a 2˝ year Water Use Credit that could be extended once for 2˝ years, and a five year Water Use Credit that could be extended for five years.  The Water Use Credit process was amended by Ordinance No. 125 in 2007.  Rule 25.5-C now provides five years to utilize a Water Use Credit through the Water Permit process, with an extension of five years if the credit has not been utilized.  Non-Residential Water Use Credits are either based on use of the Non-Residential Water Use Factor or are quantified permanent water savings resulting from retrofitting with state-of-the-art technology not required by the District.  The District does not reduce the savings, allowing the entire documented Water Use Credit to be reused on the Site for up to ten years.

 

RECOMMENDATION:  The Board should discuss Director Brower’s request and provide direction to staff.  Any lengthening of the time for which a Water Use Credit may be used will require an ordinance to amend Rule 25.5 and will require CEQA compliance.

 

IMPACT ON STAFF/RESOURCES:  There will be considerable impacts on staff to prepare CEQA documentation to extend the time to reuse a Water Use Credit.  Water Use Credit tracking systems set up prior to implementation of the new database does not specify whether a credit has been used in a Water Permit or has expired.  This effort would require manual review.  Staff would also need to identify current documented unexpired Non-Residential Water Use Credits to evaluate the potential impacts of extending the Water Use Credit for an additional two to five years.

 

EXHIBITS 

22-A    February 26, 2010, Letter from Lombardo & Gilles

 

 

 

 

 

 

 

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