EXHIBIT
14-A
DRAFT
ORDINANCE NO. 162
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
MONTEREY PENINSULA WATER MANAGEMENT DISTRICT
AMENDING THE WATER PERMIT PROCESS FOR
PRIMARY AND SECONDARY PUBLIC SCHOOL DISTRICTS
FINDINGS
1. The
Water Management District is charged under the Monterey Peninsula Water
Management District Law with the integrated management of the ground and
surface water resources in the Monterey Peninsula area.
2.
The Water Management District 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.
There are three public school districts in the Monterey Peninsula
Water Management District, each with a public service mandate to provide
primary and secondary educational facilities and opportunities for the children
of the Water Management District.
4.
The right to a public education in California is a
fundamental right fully guaranteed and protected by the California
Constitution. Article 9, Section 5, of the California Constitution states: “The
Legislature shall provide for a system of common schools by which a free school
shall be kept up and supported in each district at least six months in every
year, after the first year in which a school has been established.”
5.
Public School Districts do not receive local land use
approvals, and often bypass the Water Permit requirement. Extensive time and
effort is required after Project completion to retrospectively issue a Water
Permit. Under the current MPWMD rules, the Public School District Site must
have sufficient Water Use Credit to offset the Adjusted Water Use Capacity of a
project or must receive water from a Jurisdiction’s Allocation.
6.
Water saving projects at a public school district facility
often result in significant water savings. Adding a definition for Public School
District Site allows Water Credit to be used to offset Intensifications of Use
at other school district facilities.
7.
Best Management Practices are conservation measures or a
series of measures that are useful, proven, cost-effective, and generally
accepted among conservation experts to reduce water consumption and protect
water quality.
8.
Implementing Best Management Practices is proven effective at
reducing consumptive use of water on a Site.
9.
Best Management Practices proposed by this ordinance meet or
exceed requirements imposed on other existing Non-Residential Users to mitigate
potential Intensification of Use caused by one or more Projects on a Public
School District Site.
10.
This ordinance adds definitions to Rule 11 for Public School
District and Public School District Site.
11.
This ordinance amends Rule 24-B-1 to reduce the Adjusted
Water Use Capacity when a Public School District Site achieves Best Management
Practices as defined by added Rule 142-F.
12.
This ordinance establishes a Water Use Credit for removal of
established sports fields.
13.
This ordinance shall amend and republish the Rules and
Regulations of the Water Management District.
NOW THEREFORE be it ordained
as follows:
ORDINANCE
Section One: Short
Title
This ordinance shall be
known as the 2014 Public School District
Water Permit Ordinance of the Monterey Peninsula Water Management District.
Section Two: Purpose
This ordinance sets forth a
process for public school districts to obtain Water Permits that enable
facility updates and improvements.
Section Three: Amendments
to Rule 11, Definitions
The following definitions
shall be added to Rule 11 as shown in bold italic type face.
Public School District – “Public School District” shall be
defined as a local government responsible to provide educational services and
support to children in both primary and secondary education levels. Within
MPWMD, the Carmel Unified School District, Monterey Peninsula Unified School
District, and Pacific Grove Unified School District meet this definition.
Public School District Site – “Public School District Site”
shall mean all facilities and properties owned by a single Public School
District that are located within the MPWMD and that are supplied water by
California American Water.
Section Four: Addition
of Rule 24-B-1-h
Rule 24-B-1-h shall be added
as follows, with added language shown in bold italic type face.
h. Projects at Public School
District Sites shall be considered to have a zero Adjusted Water Use Capacity when
the entire Public School District Site meets or exceeds Rule 143 Water
Efficiency Standards for Existing Non-Residential Uses.
Section Five: Amendment
to Rule 25.5
Rule 25.5 shall be amended
as follows, with added language shown in bold italic type face.
E. The following
types of Permanent Abandonment of Capacity shall qualify for a Water Use Credit
under this Rule:
1. Demolition of a building or
use that has been recognized by the District as being a lawful water use;
2. Permanent disconnection of a
lawful water use from a Water Distribution System;
3. Residential removal of water
fixtures;
4. Permanent installation of
non-Mandated water fixtures or appliances;
5. Removal of established Lawn on
sports fields at a Public School District Site.
Section
Six: Publication and Application
The provisions
of this ordinance shall cause the republication and amendment of the permanent
Rules and Regulations of the Monterey Peninsula Water Management District.
Section
Seven: Effective Date and Sunset
This ordinance
shall take effect at 12:01 a.m. on the 30th day after it has been enacted on
second reading.
This Ordinance
shall not have a sunset date.
Section Eight: Severability
If any
subdivision, paragraph, sentence, clause or phrase of this ordinance is, for
any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity shall not affect the validity or enforcement of
the remaining portions of this ordinance, or of any other provisions of the
Monterey Peninsula Water Management District Rules and Regulations. It is the District's express intent that each
remaining portion would have been adopted irrespective of the fact that one or
more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid
or unenforceable.
On motion by Director Pendergrass, and second by
Director Edwards, the foregoing ordinance is adopted upon this ___ day of _____,
2014 by the following vote:
AYES:
NAYS:
ABSENT:
I, David J. Stoldt, Secretary to the Board of
Directors of the Monterey Peninsula Water Management District, hereby certify
the foregoing is an ordinance duly adopted on the ___ day of _____ 2014.
Witness my hand and seal of the Board of Directors
this ____ day of ____ 2014.
David
J. Stoldt, Secretary to the Board
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