ITEM:		PUBLIC HEARING
17.	CONSIDER SECOND READING AND ADOPTION OF ORDINANCE NO. 156 -- CLARIFYING AND AMENDING TERMS AND PROCEDURES RELATED TO WATER PERMITS, WATER USE CREDITS, REBATES AND LANDSCAPE WATER AUDITS
Meeting Date:			November 18, 2013	Budgeted:	N/A
From:			David J. Stoldt,	Program/	N/A
			General Manager	Line Item No.:
Prepared By:			Stephanie Pintar	Cost Estimate:	N/A
General Counsel Review: Completed
Committee Recommendation: On October 9, 2013, the Water Demand Committee referred this ordinance to the Board.
CEQA Compliance: Negative Declaration

SUMMARY: Draft Ordinance No. 156 (Exhibit 17-A) clarifies and amends definitions and processes related to Water Permitting and the District’s conservation programs. The ordinance responds to the Board’s strategic planning goals to streamline and improve the permit process and improve communication. The draft ordinance also makes desired rule amendments identified by staff during the normal course of business. The ordinance was reviewed by the Water Demand Committee on October 9, 2013, and by the Technical Advisory Committee on October 17, 2013.

California Environmental Quality Act

An Initial Study was prepared and distributed for comment. The comment period ended October 21, 2013 and no comments were received. Adoption of a Negative Declaration is required prior to adoption of the ordinance. The proposed CEQA finding is provided under the recommendation section of this report.

DISCUSSION: The following discussion describes the amendments proposed in the draft ordinance. A list of definitions from Rule 11 (Definitions) that apply to this ordinance is provided as Exhibit 17-B.

1. Section 3 amends the definitions in District Rule 11 for the following terms: Change of Use, Landscape Irrigation Auditor, Landscape Water Audit, Landscape Water Budget and Shower, Separate Stall. Definitions for “California Landscape Contractors Association” and “Meter Split” have been added.

2. Sections 4 and 8 amend District Rules 20 and 24 to allow the replacement or installation of a Standard Bathtub in place of a shower stall, and vice versa. Exchanging these fixtures without first obtaining or amending a Water Permit occurs regularly and often does not involve permits with the Jurisdiction. The effort involved with permitting this exchange in fixtures by the District is burdensome on the public and does not result in a change in the Water Use Capacity of the Bathroom.

3. Section 5 amends District Rule 23 to clarify metering requirements and exemptions. The District mandates the use of individual Water Measuring Devices in New Structures and in New Construction.

4. Section 6 amends District Rule 23 to require public access to water records (at no additional charge) as a condition of all Water Permits.

5. Section 7 amends District Rule 23 to clarify the requirement for a tee on the customer side of the Water Measuring Device to supply water for domestic use (one line) and for fire suppression (the other line). A diagram depicting this requirement is available at MPWMD.

6. Section 8 amends District Rule 24 to increase the fixture unit value of an Ultra-Low Flush Toilet by 1/1,000^th of an Acre-Foot from 1.7 fixture units (or 0.017 Acre-Foot (AF)) to 1.8 fixture units (or 0.018 AF). This amendment results in an increase to the high efficiency appliance credit (Rule 25.5, Table 4) for High Efficiency Toilets from 0.4 fixture units to 0.5 fixture units.

7. Section 9 amends District Rule 25.5 to continue the high efficiency appliance credit (Rule 24, Table 4) for High Efficiency Toilets. Although State Law requires all the sale and installation of High Efficiency Toilets after January 1, 2014, this amendment continues an incentive to replace existing Ultra-Low Flush Toilets and higher volume flush toilets, thereby achieving greater water savings. District Rule 144-C currently provides an exemption to the Water Permit and conservation toilet retrofit requirements for existing Ultra-Low Flush Toilets until December 31, 2016.

8. Section 10 amends District Rule 25.5 to clarify that a Limitation of Use of Water on a Property deed restriction is required when a Water Use Credit is used to offset an Intensification or Expansion of Use. The rule is further amended to exempt offsets made using credit from High Efficiency Toilets from the deed restriction due to the restriction on higher flush volume toilets after January 1, 2014 (Health & Safety Code §17921.3).

9. Section 11 amends District Rule 25.5 to allow a record of eight years of water records rather than ten when documenting Non-Residential Water Use Credit for retrofits with Ultra-Low Consumption Technology. This amendment is necessary due to California American Water’s record retention system.

10. Section 12 amends District Rule 141 to add a Rebate for Ultra-Low Flush Toilet, High Efficiency Toilet and Ultra High Efficiency Toilet flappers. The periodic replacement of flappers is encouraged to reduce potentially undetected leaks.

11. Section 13 also adds a $50 Rebate for replacement of Ultra-Low Flush Toilets with High Efficiency Toilets. The lower Rebate is justified due to implementation of amendments to the Health and Safety Code §17921.3 that mandates the sale and installation of High Efficiency Toilets in California after January 1, 2014.

12. Section 14 amends language related to mandatory inspection of Lawn removal and Cistern Rebate applications. Mandatory inspections are not necessary in many cases when there is sufficient evidence to determine if a Site qualifies for a Rebate. Often this evidence is available with District GIS and/or Internet resources and/or clear and convincing evidence provided by the Applicant.

13. Section 15 amends language in the Landscape Water Audit process in keeping with the revised definition of Landscape Irrigation Auditor.

RECOMMENDATION: The Board should receive public comment and consider adoption of the following finding supporting a Negative Declaration under CEQA before considering adoption of Ordinance No. 156:

Finding: Based on the Initial Study, the Monterey Peninsula Water Management District Board of Directors finds that adoption of Ordinance No. 156, the “2013 Water Permit and Conservation Programs Amendment and Clarification Ordinance,” does not have a significant effect on the environment.

Staff will file a Notice of Determination with the County Recorder after adoption.

IMPACTS ON STAFF/RESOURCES: Adoption of this ordinance will incur some expense related to programming changes in the water demand database and expenses related to filing CEQA documents. These expenditures were included in the Fiscal Year 2013-2014 budget.

EXHIBITS

17-A Draft Ordinance No. 156

17-B Definitions

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