ITEM:		PUBLIC HEARING
18.	CONSIDER URGENCY ORDINANCE NO. 167 -- AMENDING RULE 141, WATER CONSERVATION REBATES; RULE 142, WATER EFFICIENCY STANDARDS; AND RULE 143, WATER EFFICIENCY STANDARDS FOR EXISTING NON-RESIDENTIAL USES
Meeting Date:			December 14, 2015	Budgeted:	N/A
From:			David J. Stoldt,	Program/	N/A
			General Manager	Line Item No.:
Prepared By:			Stephanie Locke	Cost Estimate:	N/A
General Counsel Review: Completed
Committee Recommendation: The Water Demand Committee reviewed and approved the proposed amendments on September 23, 2015.
CEQA Compliance: N/A

SUMMARY: Ordinance No. 167 (Exhibit 18-A) is an urgency ordinance to amend Rule 141 (Water Conservation Rebates), Rule 142 (Water Efficiency Standards), and Rule 143 (Water Efficiency Standards for Existing Non-Residential Uses). Urgency exists to make these changes so the District’s rules match the California Energy Commission approved standards for water appliances that are effective January 1, 2016. The ordinance also makes minor changes to the new and refurbished Landscaping requirements to comply with the Model Water Efficiency Landscape Ordinance, as amended this past summer that will be effective in 2016. As an urgency ordinance is only valid for one year, staff will incorporate these changes in an ordinance for permanent adoption that the Board is scheduled to review in January or February 2016.

Starting in January 2016, retailers will not be allowed to sell showerheads, toilets, urinals, bathroom and kitchen faucets and other appliances that violate the new standards. Kitchen faucets will not be permitted to use more than 1.8 gallons per minute, although they can temporarily allow a slightly higher flow to fill pots and pans. Urinals are limited to one pint of water per flush, down from one-half gallon. Similarly, the new bathroom faucet standard is 1.2 gallons per minute, down from 2.2 gallons per minute. The rule applies to new appliances sold within California, unless they are sold by wholesalers for retail sale outside the state or are designed for exclusive use in vehicles.

This ordinance is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15301, Existing Facilities, as these amendments relate to replacement of existing facilities with less water intensive uses.

RECOMMENDATION: The Board should receive public comment and adopt the ordinance. Adoption of an urgency ordinance requires approval by at least five (5) members of the Board and takes effect immediately. Urgency ordinances are valid for one year.

EXHIBIT

18-A Urgency Ordinance No. 166 Amending Rule 141, Water Conservation Rebates; Rule 142, Water Efficiency Standards; and Rule 143, Water Efficiency Standards for Existing Non-Residential Uses

U:\staff\Boardpacket\2015\20151214\PubHrngs\18\Item18.docx