ITEM:		PUBLIC HEARING
14.	CONSIDER FIRST READING OF ORDINANCE NO. 170 - AMENDING RULES 11, 20, 21, 22, 24, 25.5, AND 142
Meeting Date:			March 21, 2016		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: Yes.
Committee Recommendation: The Water Demand Committee has recommended this ordinance to the Board.
CEQA Compliance: The proposed rule amendments of this ordinance are exempt from CEQA.

SUMMARY: Draft Ordinance No. 170 (Exhibit 14-A), incorporates changes made in 2015 to the California Code of Regulations (Title 20, Sections 1601-1608) and the Model Water Efficient Landscape Ordinance into the District’s Rules and Regulations. There are also a minor edits to rules related to Water Permits, Water Distribution Systems, Water Credits, and conservation and efficiency requirements.

The elements of this ordinance have been reviewed by the Water Demand Committee (March 2, 2016) and the Technical Advisory Committee (March 17, 2016). The Water Demand Committee referred the ordinance to the Board.

DISCUSSION: Explanations of the proposed changes are provided in the introduction of each section of the Ordinance and are discussed below:

1. Rule 11, Definitions.

a. “Dual Ultra-Low Flush Toilet” is deleted. The new standard is 1.28 gallons per flush and the existing definition of “Ultra-Low Flush Toilet” applies to a dual flush model.

b. “High Efficiency Toilet” is amended to reflect the definition used by the California Urban Water Conservation Council and the Alliance for Water Efficiency.

c. “Intensified Water Use” is amended to remove outdated language and to remove “procedural” information that is found in Rule 24.

d. “Landscape Area” is amended to add the requirement for the Estimated Applied Water Use calculation.

e. “Mandated” is deleted as the term does not need to be defined.

f. “Production Limit” is added to the definitions. This term is used in the new 2016 Monterey Peninsula Water Conservation and Rationing Plan.

g. “Reclaimed Water” is amended to delete “effluent” as it is an unnecessary word.

h. “Required Conservation Measures” is deleted as requirements are listed in other Rules.

2. Rule 20-B, Permits to Connect to or Modify a Connection to a Water Distribution System.

a. This rule is amended to exempt replacement of a documented Large Bathtub with a Standard Bathtub or Shower Stall from the Water Permit requirements.

b. This rule is amended to add a Water Permit requirement for rehabilitated Landscape Areas over 2,500 square-feet that are associated with a Jurisdiction’s building or landscape permit, plan check, or design review. These areas must conform to the Model Water Efficiency Landscape Ordinance.

3. Rule 20-C, Exemptions for Water Distribution System Permit, is amended to exempt rainwater catchment facilities (e.g. Cisterns) that are used for irrigation.

4. Rule 21-B-3, Application for Permit to Connect to or Modify a Connection to a Water Distribution System, is amended to update the existing rule and add language from the Model Water Efficient Landscape Ordinance.

5. Rule 22-D-1-h, Action on Application for Permit to Create/Establish a Water Distribution System, is amended to clarify the process for instances (e.g. the Malpaso Water Company Water Entitlement) where new Connections to the California American Water system may occur when the water use is not dependent on a California American Water water right.

6. Rule 24, Calculation of Water Capacity and Capacity Fees is amended to add language from the Model Water Efficient Landscape Ordinance regarding submitting a Landscape Documentation Package with the Water Permit application. This rule is also amended to omit reference to an administrative processing fee, as the fee is in Rule 60.

7. Rule 25.5, Water Use Credits and On-Site Water Credits is amended to remove obsolete language referring to “Low Water Use Plumbing Fixtures.” The Rule is also amended to delete a reference to an outdated conservation goal and to correct the title of Table 4: High Efficiency Appliance Credits.

8. Rule 142, Water Efficiency Standards, was amended to reflect recent amendments to the California plumbing and energy standards/codes when they are more restrictive than the District’s, and to reflect efficiency changes in the Model Water Efficient Landscape Ordinance.

RECOMMENDATION: The Board should review the draft ordinance and approve the first reading.

EXHIBIT

14-A Draft Ordinance No. 170

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