ITEM:

PUBLIC HEARING

 

15.

CONSIDER SECOND READING AND ADOPTION OF ORDINANCE NO. 147 – AN ORDINANCE OF THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT AMENDING REGULATION XV, EXPANDED WATER CONSERVATION AND STANDBY RATIONING PLAN, TO IMPLEMENT WATER BANKING IN STAGES 5-7 WATER RATIONING

 

Meeting Date:
February 24, 2011

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:  Yes

Committee Recommendation:  Adoption of this ordinance is recommended by the Water Demand Committee and the Technical Advisory Committee.

CEQA Compliance: This ordinance is exempt from the California Environmental Quality Act (CEQA) under Water Code §10652.  This ordinance is also exempt from the requirements of CEQA under the provisions of CEQA Guideline 15269 (c) and 15282 (w).

 

SUMMARY:  Draft Ordinance No. 147 (Exhibit 15-A) reinstates Water Banking in Stages 5-7 Water Rationing.  Water Banking allows a water User to carry-over the unused portion of a Water Ration during Water Rationing.  Ordinance No. 137 (adopted December 8, 2008) suspended Water Banking until it could be implemented by either the District or California American Water (Cal-Am).  At the time Water Banking was suspended, neither the District nor Cal-Am had the ability to implement the process within their data systems.  Cal-Am’s billing system can now implement banking, and Cal-Am has requested that the District amend its rules.  Suspension of Water Banking until it could be implemented was included in the Settlement Agreement adopted by the California Public Utilities Commission (CPUC) in the decision on the Conservation Filing (A.07-12-010).

 

The ordinance has been provided to the Division of Ratepayer Advocates (DRA) at least ten days prior to first reading, as agreed to in the Settlement Agreement.  A similar action by California American Water to reinstate Water Banking pursuant to the Settlement Agreement is pending before the CPUC.  Action will be taken after MPWMD adopts and implements its ordinance.

 

Adoption of Ordinance No. 147 is supported by the Water Demand Committee and the Technical Advisory Committee.

 

RECOMMENDATION:  The Board should approve the Second Reading and Adoption of Ordinance No. 147 to reinstate of Water Banking as required by a Settlement Agreement between Cal-Am, DRA and MPWMD.

 

IMPACT ON STAFF/RESOURCES:  None.

 

EXHIBITS

15-A    Draft Ordinance No. 147                                U:\staff\word\boardpacket\2011\20110224\PubHrng\15\item15.doc