ITEM:		PUBLIC HEARING
13.	CONSIDER FIRST READING OF ORDINANCE NO. 189, AN ORDINANCE OF THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT BOARD OF DIRECTORS CLARIFYING AND AMENDING RULES RELATED TO WATER DISTRIBUTION SYSTEMS (RULE 21), WATER PERMITS (RULES 23 AND 24), WATER USE CREDITS (RULE 25.5), AND REBATES (RULE 141); DELETING RULE 91 (SHORT TERM VARIANCE); AND REVISING THE TITLE OF REGULATION XV
Meeting Date:			November 15, 2021	Budgeted:	N/A
From:			David J. Stoldt,	Program/	N/A
			General Manager	Line Item No.: N/A
Prepared By:			Stephanie Locke	Cost Estimate:	N/A
General Counsel Review: Completed.
Committee Review: Water Demand Committee unanimously supported the proposed ordinance following review on October 7, 2021.
CEQA Compliance: This ordinance does not constitute a Project as that term is defined by Section 15378 of the California Environmental Quality Act (CEQA) as it is an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment.

SUMMARY: Ordinance No. 189, attached as Exhibit 13-A, updates, amends, and revises several of the District’s Rules and Regulations. Revisions and edits were discussed by the Water Demand Committee on May 6 and November 7, 2021. In addition to the ordinance, three Board resolutions were also discussed that amend Rule 24, Tables 1 and 2; Rule 60 Fees and Charges Table (adopted October 18, 2021); and Rule 141, Table XIV-1 Rebate Amounts.

Draft Ordinance No. 189 is summarized below:

· Ordinance No. 189 amends the definitions of “High Efficiency Clothes Washer” and “High Efficiency Dishwasher” to match the Energy Star water efficiency requirements.

· Ordinance No. 189 adds a definition of a “Public Water System” to Rule 11 as defined by the State Water Resources Control Board, Division of Drinking Water (DDW). This is to facilitate an added requirement to Rule 21 for DDW preliminary approval prior to District consideration of a Water Distribution System Permit. DDW has been critical of small WDS that may not have adequate long-term water supply.

· Ordinance No. 189 adds a definition for “Smart Flowmeters” to facilitate the addition of a rebate to Rule 141. Smart Flowmeters which electronically monitor water use and report anomalies via a smartphone or web-based application. Cal-Am is supportive of this addition to the rebate program.

· Ordinance No. 189 amends the Water Factor for High Efficiency Clothes Washers and High Efficiency Dishwashers to be consistent with the factors used in the U.S. Environmental Protection Agency’s Energy Star program. The District requires Energy Star certification for both appliances.

· Ordinance No. 189 clarifies language related to the processing of Water Permits for tenant improvements, submetering and reporting requirements.

· Ordinance No. 189 allows permanent submetering in Multi-Family Dwelling units or Residential Common Interest Developments of four or more units and the common areas. Conditions require reporting at the submeter level to the District upon request, and monthly or more frequently during water rationing. This action replaces previous variance consideration at the Board level under the definition of Special Circumstances, as submetering technology allows for individual User accountability, reporting, and billing, and does not undermine the intent of District law to promote conservation.

· Ordinance No. 189 codifies a process whereby the District issues a Water Permit waiver when requested by a Jurisdiction or Applicant.

· Ordinance No. 189 establishes criteria for use of a Mobile Water Distribution System for filling a Swimming Pool.

· Ordinance No. 189 codifies the practice that there is no change in Capacity when a High Efficiency Clothes Washer is installed in a Multi-Family Dwelling or Common Interest Development. High Efficiency Clothes Washers are required in Common Laundry Rooms at Multi-Family Residential and Common Interest Development Sites, and it is assumed that they are used by the tenants/occupants: For this reason, locating a High Efficiency Clothes Washer within an existing Dwelling Unit in a Multi-Family Dwelling does not increase Capacity.

· Ordinance No. 189 specifies that no credit or reduced Water Use Capacity shall be granted to a Non-Residential User who proposes to locate/relocate a component of that business to an out-of-District location or to another Water Distribution System. For example, no credit would be granted for a hotel use when laundry is washed at another location.

· Ordinance No. 189 deletes Rule 91, Short Term Variance, as the rule is obsolete.

· Ordinance No. 189 allows a rebate for the replacement of High Efficiency Dishwashers and Ultra-High Efficiency Toilets when they are replaced at least ten years after the initial Rebate.

RECOMMENDATION: The Board should review and provide direction on proposed clarifications and revisions to rules related to Water Distribution Systems (Rule 21), Water Permits (Rules 23 and 24), Water Use Credits (Rule 25.5), and Rebates (Rule 141). The Committee should also consider staff’s recommendation to delete Rule 91 (Short Term Variance) and amend the title of Regulation XV to delete reference to the year it was adopted.

EXHIBIT

13-A Ordinance No. 189

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