Attachment 2
First Reading Revised
Draft
ORDINANCE NO. 146
An Ordinance of the Board of
Directors
of the
Monterey Peninsula Water Management District
Tolling the Expiration Date of
Affected Water Use Credits
Upon Implementation of A
FINDINGS
1.
The Monterey Peninsula Water Management District
(MPWMD) is charged under the Monterey Peninsula Water Management District Law
with the integrated management of the ground and surface water resources in the
2. MPWMD has general and specific power to cause and implement water conservation activities as set forth in Sections 325 and 328 of the Monterey Peninsula Water Management District Law.
3. On May 24, 2010, California American Water (CAW) filed an Application for an Order Authorizing and Imposing a Moratorium on Certain New or Expanded Water Service Connections in its Monterey District (A1005020) with the California Public Utilities Commission (CPUC).
4. In August 2010, MPWMD staff met with representatives of the parties involved in CAW’s request for a moratorium to comply with the State Water Resources Control Board (SWRCB) Cease and Desist Order 2009-0060 (CDO). The CPUC CAW’s moratorium request is calendared for consideration on February 24, 2011.
5. Water Use Credits (Rule 25.5) are documented when (1) there is a Permanent Abandonment of Use, or (2) following the installation of Ultra-Low Water Use Technology not required by the District. The credit process allows the reuse of the reduced increment of water on the same Site for up to ten years. Credits may be transferred to other Sites pursuant to Rule 28.
6. This ordinance addresses the potential effects of a CPUC-approved moratorium on Sites that have a Water Use Credit by temporarily tolling the credit’s expiration date if it is subject to a moratorium.
7. The District’s Expanded Water Conservation and Standby Rationing Plan allows tolling of the expiration date for Water Use Credits in Stages 6 and 7, but the plan does not consider a moratorium enacted by the CPUC that impacts credits in earlier stages.
8. This ordinance amends the Rule 11 definitions for Mixed Use and Water-Gathering Facility.
9. This ordinance amends Rule 20-C-4 to facilitate installation of Cisterns.
10. This ordinance amends Rule 25.5-C to clarify that the review of the status of a Water Use Credit prior to an extension may include additional criteria. This is done by replacing the abbreviation for id est (i.e. or “that is”) with exempli gratia (e.g. or “for example”) to allow newly adopted requirements to be considered at the time that an extension is requested.
11. This ordinance amends Rule 25.5 to expire Water Use Credits upon the date mandated by the District, State, or Federal conservation program. This action ensures that water savings resulting from District, State and Federal water conservation programs will contribute to reduced demand rather than resulting only in offsets of new demand.
12. This ordinance adds Rule 25.5-K to toll the expiration of a Water Use Credit during a CPUC-ordered moratorium that precludes the use of that credit. The credit is then reinstated after the moratorium is lifted and after new water supplies are available and released for that that are sufficient to offset new and intensified uses all documented Water Use Credits. Reinstated Water Use Credits shall have the same value and remaining term as available on the date of tolling.
13. This ordinance amends Rule 143-A by including more restrictive requirements of MPWMD as possible exceptions to the Rule 143 conservation requirement. An example is the Rule 142 Water Efficiency Standards for Residential and Non-Residential Change of Ownership, Change of Use, and Expansion of Use.
14. This ordinance was reviewed in concept form and supported by the Water Demand Committee on February 4, 2011.
15. This ordinance is subject to the California Environmental Quality Act (CEQA) and is adopted with a Mitigated Negative Declaration.
NOW THEREFORE be it ordained as follows:
ORDINANCE
Section One: Short Title
This
ordinance shall be known as the 2011
Water Use Credit Tolling Ordinance of the Monterey Peninsula Water
Management District.
Section Two: Statement of Purpose
This ordinance is enacted to toll the expiration of Water Use Credits during a CPUC-ordered moratorium that limits the use of a valid Water Use Credit. The period of time during which a Water Use Credit is usable shall be tolled until the termination of the moratorium and there are new water supplies available to offset the potential demand of all documented Water Use Credits. At such time, tolled Water Use Credits shall be reinstated with the same value and remaining time to expiration as existed on the day a CPUC-ordered moratorium begins. This ordinance shall also make minor administrative process changes to Rules 11, 20 and 143 to facilitate implementation of current Rules in support of the conservation program.
Section Three: Definitions
Unless the context
specifically indicates otherwise, the following words or phrases shall be given
the definitions set forth below and shall be permanently added to or deleted
from Rule 11, Definitions, of the Rules and Regulations of the District. New and revised
text is shown in bold italics (bold italics) and deleted
text is shown in strikeout (strikeout).
MIXED USE – “Mixed Use” shall mean water used for
domestic or other uses from any Water Distribution System or private Well where
one or
more water meters or Connections suppliesy
both Residential and Non-Residential uses,
often within the same building.
SPECIAL CIRCUMSTANCES – “Special
Circumstances” shall mean (1) a list of specific circumstances shown in Rule
24-E where the General Manager may adjust the anticipated water demand
calculation for a Water Permit, or (2) unusual, uncommon, peculiar, unique or
rare situations that require Board consideration.
WATER-GATHERING FACILITY - “Water-Gathering Facility” means any
device or method, mechanical or otherwise, for the production of water from dams,
Groundwater, surface water,
water courses, Reclaimed Water sources, or
any other Source of Supply within the
Monterey Peninsula Water Management District or a zone thereof. Water-Gathering Facilities shall include any
water-production facility as defined in the Monterey Peninsula Water
Management District Law. This definition
shall not apply to On-Site Cisterns that
serve existing single-Connection, Residential
situations where rainwater is captured for On-Site Landscape
irrigation use.
Section Four: Amendment of Rule 25.5-B to
Expire Water Use Credits When Mandated by District or State Law
B. Water
savings resulting from mandatory District programs, including water savings
resulting from the installation of Low Water Use Plumbing Fixtures Mandated by
the District, shall not result in a Water Use Credit. Water Use Credits shall expire upon the date
that installation or purchase of the water efficient fixture or retrofit that
is the basis for a Water Use Credit becomes mandated by any District, State or
Federal conservation program. These
provisions shall apply to all Water Use Credits, including Water Use Credits
tolled by a
Section Five: Amendment of Rule 25.5-C to Expand the Level of Review Prior to Extending a Water Use Permit
Rule 25.5-C shall be amended
as shown in bold italics (bold italics) and strikeout (strikethrough). No changes are proposed for Rule 25.5-A and B
or to Rule 25.5-D through J.
C. A Water Use Credit may be applied to and
shall allow future water use on that Site at any time within a period of 60
months. After the 60th month, the
General Manager shall allow renewal of this Water Use Credit only upon
verification that some or all water savings represented by that credit are
current (i.ee.g. no Water Permit or other use or transfer of the Water Use
Credit has occurred). If all savings are
not current, a pro-rata reduction shall occur.
A single renewal period of 60 months shall be allowed; thereafter any
remaining unused Water Use Credit shall expire.
Section Six: Addition of Rule 25.5-K Adding a
Provision to Toll Water Use Credits During a
Rule 25.5-K shall be added to Rule 25.5 as shown in bold italics (bold italics).
K. Upon implementation of a moratorium ordered by the California Public Utilities Commission that precludes the use of a valid Water Use Credit, a Water Use Credit so affected shall be tolled. At the conclusion of the moratorium, and full compliance with the Monterey County Superior Court's Seaside Basin Adjudication Decision (as amended), and after additional water supply has been developed and released in a quantity that is sufficient to offset all documented Water Use Credits, tolled Water Use Credits shall be reinstated with the same value and remaining term as available upon the date of tolling. The sufficiency of supply shall be determined in a written report by the General Manager, as approved by the District Board in a noticed public hearing.
Section Seven:
Amendment of Rule 20-C-6,
Exemptions For Water Distribution System Permit
Rule 20-C-6
shall be amended as shown in bold italics (bold italics) and
strikeout (strikethrough).
6. For On-Site Cisterns that
serve existing single-parcel connections, (i.e. Residential
situations where used to store rainwater is
captured for On-Site lLandscape irrigation use).
Section Eight:
Amendment of Rule 143-A,
Water Efficiency Standards for Existing Non-Residential Uses
Rule 143-A
shall be amended as shown in bold italics (bold italics) and
strikeout (strikethrough).
A. All Non-Residential Water Users within the District shall maintain Showerheads with a maximum flow capacity of 2.5 gallons per minute, and