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ITEM: |
PUBLIC HEARING
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14. |
CONSIDER FIRST READING OF ORDINANCE NO. 151 -- IMPLEMENTING HIGH
EFFICIENCY TOILETS AS THE DISTRICT’S STANDARD AND AMENDING THE DISTRICT’S WATER
EFFICIENCY STANDARDS |
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Meeting Date: |
April 16, 2012 |
Budgeted: |
N/A |
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From: |
David J. Stoldt |
Program/ |
N/A |
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General Manager |
Line Item No.: |
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Prepared By: |
Stephanie Pintar |
Cost Estimate: |
N/A |
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General Counsel Review: Yes |
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Committee Recommendation: The Water Demand Committee reviewed the ordinance on March 28, 2012. The Policy and Technical Advisory Committees recommended approval on April 3, 2012. |
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CEQA Compliance: Initial
study completed and circulated.
Comment period ends May 1, 2012. |
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SUMMARY: Draft Ordinance No. 151 (Exhibit 14-A), amends the rules and regulations pertaining to toilet flush volume standards and establishes a fixture unit value for Ultra High Efficiency Toilets. The ordinance also clarifies the credit for Instant-Access Hot Water Systems and variance application timing, amends the District’s water efficiency standards by extending the mandatory Non-Residential retrofit requirements for six months, and clarifies and amends the Landscape Water Audit requirements. The following summary reviews the action proposed by Ordinance No. 151.
1.
Section Three:
Definitions (Rule 11)
2.
Section Four:
Amendment of Rule 24, Table 1, Residential Fixture Unit Count (Effective January 1, 2013)
A. Table 1, Residential Fixture Unit Count, is amended to delete Ultra-Low Flush Toilets (ULF), consistent with amendments to Rules 142 and 143.
B. Another amendment to Rule 24, Table 1, adds a new fixture unit of 0.8 fixture units for Ultra High Efficiency Toilets (UHET).
C. The Residential fixture unit value for one gallon per flush Urinals is deleted for consistency with existing Non-Residential standards. Staff estimates there have been less than five Urinals installed in Residential projects over the past twenty years.
3. Section Five:
Amendment of Rule 24-B-1-c (Non-Residential
Calculation of Water Use Capacity) (Effective July 1, 2012)
A. Rule 24-B-1-c is amended to correct an oversight during the adoption of Ordinance No. 144 when the use of Estimated Total Water Use (ETWU) was added to the rule for consistency with the State Model Water Efficient Landscape Ordinance. This edit makes the calculation of outdoor water use for Non-Residential use consistent with the Residential calculation.
4.
Section Six:
Amendment of Rule 25.5, Table 4: High Efficiency Appliance Credits
A. Table
4, High Efficiency Appliance Credits, is amended to delete the 0.4 fixture unit
credit for High Efficiency Toilets (HET) and to add a 0.5 fixture unit credit
for UHET. (Effective January 1, 2013)
B. Table
4, High Efficiency Appliance Credits, is also amended to clarify that credit for
Instant-Access Hot Water Systems (IAHWS) is available for more than one Dwelling Unit on a Site if there are multiple Dwelling
Units (i.e., condominiums, apartments, duplexes, etc.). Single Family Residential Sites with plumbed
ancillary buildings that have hot water are required to install IAHWS in those
auxiliary structures as well as in the primary Dwelling Unit to receive this credit. Note that this amendment affects only the
availability of a high efficiency appliance credit. It does not change the requirement for IAHWS
in New Construction. (Effective July 1, 2012)
C. The term “washing machine” is replaced with “Clothes Washer,” consistent with terminology used throughout the rules. (Changes effective July 1, 2012)
5.
Section Seven:
Amendment of Rule 90, Variance (Changes effective July 1, 2012)
A.
Rule 90 is amended to clarify that a variance to
Regulation II, Permits, must be requested prior to or within 90 days of a
determination. This responds to Board
direction from August 15, 2011, regarding a request for variance from District
Rule 23, 17 years after a Water Permit was issued.
B.
Outdated language (the last sentence) in the first
paragraph of Rule 90 is deleted.
6.
Section Eight:
Amendment of Rule 141, Water Conservation Rebates[1]
(Effective July 1, 2012)
A. As
requested by the Water Demand Committee on September 29, 2011, the ordinance
increases the Cistern Rebate by adding a higher rebate tier for the first 500
gallons of storage capacity.
B.
Due to limited funding for the Rebate Program, an
amendment restricts Cistern Rebates to Sites supplied with water from the
Monterey Peninsula Water Resource System.
7.
Section Nine:
Amendment of Rule 142-B, Water Efficiency Standards
A. The introductory paragraph to Rule 142 is amended to reflect changed implementation dates and “grandfathering” of requirements for Water Permits issued prior to the July 1, 2012, Ordinance No. 151 implementation date.
B.
HET or UHET are specified as the District’s toilet standard
for Residential and Non-Residential New Construction, Changes of Ownership,
Changes of Use, and Expansions of Use. (Effective January 1, 2013)
C.
The rule is amended to clarify that Showerheads must be
designed and manufactured to meet the District’s flow requirement of 2.0
gallons per minute. This is to avoid
situations where the Showerhead is modified to meet the requirement and then
modified to allow a higher flow rate. (Effective July 1, 2012)
D.
Using alternative water sources for indoor toilet
flushing and other uses allowed by a Jurisdiction is added as a practice to
encourage on the list of Non-Residential Water Efficiency Standards. (Effective
July 1, 2012)
E. The Non-Residential Water Efficiency Standards for New Structures is amended to add an increased flow rate (consistent with building code) for private Lavatory Sinks (e.g., hotel or motel guest rooms and hospital patient rooms). (Effective July 1, 2012)
F.
High Efficiency Urinals (or ones that uses less water) become
a requirement in Residential and Non-Residential New Construction, Changes of
Ownership, Changes of Use, and Expansions of Use. (Effective
July 1, 2012)
8.
Section Ten: Amendment of Rule 143, Water Efficiency
Standards for Existing Non-Residential Uses
A. Rule 143-A is amended to make Showerhead and faucet flow rates consistent with New Construction, Change of Ownership, Change of Use, and Expansion of Use requirements. (Effective January 1, 2013)
B.
Replacement of toilets in the MPWMD must be with HET or
more efficient models after January 1, 2013.
The State requires HET toilets be exclusively offered for sale and
installation in California as of January 1, 2014. However, by 2013, 85 percent of toilets for
sale in California must be HET or UHET and most toilets currently available for
purchase meet this requirement.
C. Retrofit requirements for Non-Residential uses currently scheduled for implementation on December 31, 2012, are extended for six months to July 1, 2013. This extension is due to the delay in approval of the Rebate Program funding by the California Public Utilities Commission (CPUC). Rebate funds will provide an incentive to meet this requirement before the extended deadline.
9.
Section Eleven:
Amendment of Rule 151, Stage 1 Water Conservation (Effective
July 1, 2012)
A. An obsolete date is deleted from Rule 161.
10. Section Twelve: Amendment of Rule 172, Landscape Water Audits[2] (Effective July 1, 2012)
A. Irrigated public open space is added to the list of California American Water customers that are required to have a Landscape Water Audit and Landscape Water Budget and to comply with those budgets during Stages 2-4 of the Expanded Water Conservation and Standby Rationing Plan. This change is primarily to achieve Landscape Water Audits and Landscape Water Budgets for irrigated public parks and open space areas that do not meet the current definition of a Dedicated Irrigation Meter. In most cases, these Sites have been left out of the program because there is a public restroom on the same meter as the Irrigation System.
B.
The rule is amended to clarify that Landscape Water Budgets that
are required for new Dedicated Irrigation Meters is based on the Estimated
Applied Water Use as determined by the project’s Landscape and Irrigation
System plans.
C. Two other minor edits related to outdated information are made to Rule 172-B.
D. Rule 172-E, Landscape Irrigation Restrictions, is amended to clarify the location of a property in the City of Carmel-by-the-Sea.
DISCUSSION: The implementation of significant new standards has been extended to January 1, 2013, to allow time for staff to notify the affected groups and to train staff at the Jurisdictions, as well as to complete computer programming necessary to implement the changes. The additional time will also allow projects that are close to permitting to complete the process under the current rules.
This ordinance was reviewed by the Water Demand Committee on March 29, 2012, the Policy and Technical Advisory Committees (April 3, 2012), the CPUC Division of Ratepayer Advocates (DRA) and California American Water. An Initial Study has been prepared and distributed for comment. The comment period ends May 1, 2012. A Negative Declaration will be presented to the Board for consideration at second reading.
RECOMMENDATION: Staff recommends the Board receive public comment and approve first reading. The ordinance has been written with an effective date of July 1, 2012.
IMPACT ON STAFF/RESOURCES: The changes proposed in this ordinance have minimal impact on staff. Staff will be conducting outreach within the community, particularly with the Non-Residential Users and with the local plumbing suppliers, to prior to implementation. The ordinance will also require minor modifications to database programming. Funding for database programming was included in the Fiscal Year 2011-2012 budget.
EXHIBIT
14-A Draft Ordinance No. 151
U:\staff\Boardpacket\2012\20120416\PubHrng\14\item14.docx