MPWMD RULES AND REGULATIONS REVIEW COMMITTEE MEETING--JUNE 18, 2009--EXHIBIT 4A--REGULATION XIV AMENDMENT OUTLINE

EXHIBIT 4-A

PROPOSED REVISIONS TO

MPWMD REGULATION XIV, WATER CONSERVATION

June 10, 2009

Assumptions

1. The existing conservation regulation will apply to all Water Permits issued up to the date specified in the new regulation. The same will apply to and Change of Title/Use. The ordinance will set a specific date for which the new regulation applies. For example, if the ordinance is adopted in July 2009, water permits issued after a future date (such as October 1, 2009) would be subject to the new regulation. Water Permits issued prior to that date would be subject to the existing regulation. This same theory would apply to Change of Title and Change of Use.

2. The existing conservation requirements will be summarized in the new regulation as a reference for future enforcement of those properties subject to those regulations. In the past, changes to rules resulted in deletion of previous requirements, making it difficult for permit-holders to ensure compliance with the rules in effect at the time the permit is issued.

3. Proposed increased conservation measures may impact the availability of Water Credits for a property has had a Change of Ownership or Change of Use or was New Construction after the effective date of the ordinance. Tables 1 and 4 will be amended effective January 1, 2010. The local building departments will be notified of this change immediately upon adoption of the ordinance (in September).

4. Documented Water Use Credits issued for retrofits addressed in this regulation prior to January 1, 2010 will be honored.

NEW DEFINITIONS

Best Management Practices

Cooling Tower

Day Spa

High Efficiency Commercial Dishwasher

High Efficiency Urinal

MP Rotator

Pint Urinal

Single Pass Cooling System

Water Efficient Ice Maker

Water Efficient Pre-Rinse Spray Valve

Water Factor

Weather Based Irrigation Controller

AMENDED DEFINITION

Ultra Low Consumption Washing Machine changed to High Efficiency Washer

DELETED DEFINITION

Low Water Use Plumbing Fixtures

RESIDENTIAL EFFICIENCY STANDARDS FOR NEW STRUCTURES:

Current Standards:

1. ULF (1.6 gallons per flush toilets)

2. 1.0 gallon per flush urinals (when installed)

3. 2.5 gallons per minute (gpm) showerheads

4. 2.2 gpm faucet aerators

5. Instant-Access Hot Water System

6. Drip Irrigation where appropriate.

Proposed Standards:

All New Structures receiving a Water Permit after January 1, 2010, will meet or exceed the following standards:

1. High Efficiency Toilets (i.e. a toilet designed with a maximum average flush of 1.28 gallons) will be installed; In 2007, California adopted legislation that will lower the allowable flush volume for toilets and urinals to the high-efficiency toilet (HET) and high-efficiency urinal (HEU) standards that many water utilities have been promoting (see EBN Vol. 16, No. 1). These new standards—which reduce the flush-volume limit from the EPAct-mandated 1.6 gallons (6.1 l) to 1.28 gallons (4.8 l) for toilets and from 1.0 gallons (3.8 l) to 0.5 gallons (1.9 l) for urinals—will be phased in starting in 2010, with full implementation by 2014. The Plumbing Manufacturers Institute (PMI), the leading plumbing industry organization in the U.S., supported this measure in California and is advancing the idea of a parallel federal standard.

2. Urinals, when installed in a Residential use, will be manufactured to flush with a maximum of 0.125 gpf (one pint) per flush. Zero Water Consumption. This standard is greater than High Efficiency Urinals (0.5 gpf).

3. Showerheads, Rain Bars, or Body Spray Nozzles will be installed that were manufactured to emit a maximum of 2.0 gallons per minute of water.

4. Installation of multiple Showerheads in one stall will require timers for each Showerhead, Rain Bar, or Body Spray Nozzle with a maximum three minute operating increment.

California’s recently-adopted voluntary green building standards prohibit multiple showerheads in a single stall.

5. Lavatory Sink faucets will be installed that were manufactured to emit less than 1.5 gallons of water per minute at 60 psi;

6. Ultra-Low Consumption Washing Machines with Water Factor ratings of 5 or less will be installed and maintained on the Site when a Washing Machine is permitted by a Water Permit;

7. Instant-Access Hot Water System(s) will be installed for hot water access points to ensure that hot water is available within ten (10) seconds;

8. All hot water lines will be fully insulated.

9. Sodium chloride (salt) water softeners will be discouraged in New Construction. Alternate technologies, such as potassium chloride will be recommended. When a sodium chloride water softener is to be installed within the MPWMD, the unit will use demand-initiated regeneration which senses when the resin must be recharged, either electronically or with a meter that measures and calculates usage. This DIR system saves on softening pellets and backwash water because it doesn't recharge unless necessary.

10. All New Construction will install and maintain Landscaping that complies with the State Model Landscape Ordinance as revised or with local landscape requirements if more restrictive.

11. Irrigation System Controllers.

a. Weather-Based Irrigation System Controllers (e.g. Smart Controllers) will be installed, used and maintained on Sites with where there is an Irrigation System serving an area greater than 2,000 square-feet;

b. Rain Sensors will be installed on all other Irrigation Systems that operate with an irrigation controller. Note that irrigated areas of greater than 2,000 square-feet require a Weather-Based Irrigation Controller.

12. Drip Irrigation will be utilized for watering all non-turf irrigated plantings;

13. Water efficient spray heads that rotate while emitting multiple distinct streams of water at one-third of the rate of conventional spray heads will be utilized for turf irrigation;

14. Overhead spray irrigation will not be used to water non-turf Landscaping, including trees and shrubs;

15. Rainwater collection/irrigation systems are encouraged to supplement irrigation for new Landscaping. New Structures will be encouraged to include one or more rainwater cisterns and a system to provide at least 75 percent of exterior irrigation during normal rainfall years. Systems must be compliant with local catchment system standards. Guidelines will be included in a landscape ordinance. This voluntary program may become a requirement after several years.

NON-RESIDENTIAL EFFICIENCY STANDARDS FOR NEW STRUCTURES:

Current standards:

1. ULF (1.6 gallons per flush toilets)

2. 1.0 gallon per flush urinals (when installed)

3. 2.5 gallons per minute (gpm) showerheads

4. 2.2 gpm faucet aerators

5. Instant-Access Hot Water System

6. Drip Irrigation where appropriate.

Proposed Standards

All New Structures receiving a Water Permit after January 1, 2010, will meet or exceed the following standards:

1. High Efficiency Toilets will be installed that have been manufactured to flush with no more than 1.28 gallons-per-flush;

2. Urinals will be installed that have been manufactured to flush with no more than 0.125 gpf (one pint) per flush. Zero Water Consumption Urinals will be encouraged in settings where there is a regular maintenance staff.

16. Showerheads, Rain Bars, or Body Spray Nozzles will not be installed if the fixture or fixtures are capable of emitting more than 2.0 gallons per minute of water. Installation of multiple fixtures in one stall will require timers that allow three minute operating increments.

3. Public Lavatory faucets will not emit more than 0.5 gallon of water per minute at 60 psi. “Public” applications are all applications that are not defined as “private”. “Private” is inclusive only of fixtures in residences, hotel/motel guest rooms, and private rooms in hospitals. All other applications are deemed as within the “public” category and subject to 0.5-gallons per minute maximum for lavatory faucets. This includes such applications as single-tenant and multi-tenant office buildings, schools, gymnasiums, manufacturing facilities, public buildings (including those where the general public is denied access), bars, restaurants, retail stores, and any other type of building that does not fall within the “private” definition.

4. Public Lavatory Sinks equipped with automatic shut off devices or sensor faucets will operate with a maximum flow of 0.25 gallons per cycle.

5. Ultra Low Consumption commercial washing machines with Energy Star water factors of 5.0 or less will be installed when a clothes washer is installed in a New Structure permitted under this Regulation.

6. Ultra Low Consumption commercial dishwashers will be required when a dishwasher is installed in a New Structure permitted under this Regulation. Need to specify qualifying criteria.

7. Instant-Access Hot Water System(s) will be installed for hot water access points to ensure that hot water is available within ten (10) seconds;

8. All hot water lines will be fully insulated.

10. The implementation of water conservation Best Management Practices will be integrated into construction and operation of the project to the extent possible.

11. Water Efficient Pre-Rinse Spray Valves will be utilized when a pre-rinse spray valve is installed. The federal Energy Policy Act of 2005 established a limit of 1.6 gallons per minute (gpm) for pre-rinse spray valves, which are used to remove food scraps from dishes in commercial kitchens. EPAct 2005 also established, for the first time, a maximum water factor (gallons per wash cycle per cubic foot of capacity) for commercial dishwashers (setting that maximum at 9.5).

12. There will be no single-pass water use systems in ice machines, hydraulic equipment, refrigeration condensers, x-ray processing equipment, air compressors, vacuum pumps, etc. Air-cooled or better technology will be installed when available.

13. Water cooled refrigeration equipment will be prohibited when there is alternative cooling technology available at the time the Water Permit is issued. Most of this equipment has air-cooled options available. Additionally, the user can recirculate cooling water to reduce waste.

14. Cooling Towers will be equipped with ph conductivity controllers that are used to increase the number of cycles that can be achieved. A conductivity controller can continuously measure the conductivity of the cooling tower water and discharge water only when the conductivity set point is exceeded.

15. Boiler-less steamers or connectionless steamers will be installed in place of boiler-based steamers when a steamer is installed in New Construction. Steamers are commonly used in schools, hotels, hospitals and many restaurants for large-scale cooking of vegetables, fish, rice and steamed foods. Most food service establishments use the boiler-based atmospheric steamer. These are "zero pressure" steamers where steam is injected into the cooking chamber. These units typically use between 20 and 40 gallons of potable water per hour while in operation.

New boiler-less steamers, sometimes called connectionless steamers, are jacketed. The cooking chamber and steam chamber are separated and the condensate is returned and reused. The steamers use much less water than atmospheric steamers, typically 2-3 gallons per hour. Because of the significant energy savings associated with units, EPA has granted Energy Star ratings to many of these units.

17. All New Construction will install and maintain Landscaping that complies with the State Model Landscape Ordinance as revised or with local landscape requirements if more restrictive.

18. Weather-Based Irrigation System Controllers (e.g. Smart Controllers) will be installed, used and maintained on Sites with where there is an Irrigation System.

19. Drip Irrigation will be utilized for watering all non-turf irrigated plantings;

20. Water efficient spray heads that rotate while emitting multiple distinct streams of water at one-third of the rate of conventional spray heads will be utilized for turf irrigation;

21. Overhead spray irrigation will not be used to water non-turf Landscaping, including trees and shrubs;

22. Rainwater collection and cistern systems are encouraged as supplemental irrigation for Landscaping installed pursuant to New Construction. New Structures will be encouraged to include one or more rainwater cisterns and a system to provide at least 75 percent of exterior irrigation during normal rainfall years. Systems must be compliant with local catchment system standards. Guidelines will be included in landscape ordinance when available. Possible incentives for this (higher rebates, connection charge credit?). This voluntary program should become a requirement after several years.

CHANGE OF OWNERSHIP OR MODIFICATIONS TO AN EXISTING WATER DISTRIBUTION SYSTEM (E.G. PROJECTS THAT REQUIRE A WATER PERMIT)

Current standards:

1. ULF (1.6 gallons per flush toilets)

2. 1.0 gallon per flush urinals (when installed)

3. 2.5 gallons per minute (gpm) showerheads

4. 2.2 gpm faucet aerators

All Change of Ownership or Modifications to an existing Water Distribution System after January 1, 2010, will meet or exceed the following standards:

1. High Efficiency Toilets will replace all non-HET toilets that were installed more than ten (10) years from the date of Change of Ownership or Change of Use;

2. Urinals designed to use no more than 0.125 gpf (one pint) per flush will replace existing higher flow urinals with the exception of those fixtures that require replumbing to meet this requirement. Excepted urinals will retrofit with flush valve kits to reduce the flush volume to 0.5 gallons per flush, if possible. Zero Water Consumption Urinals will be encouraged in settings where there is a regular maintenance staff;

3. Showerhead flow rates will meet or exceed New Construction standards;

4. Bathroom faucet flow rates will meet or exceed New Construction standards;

5. Kitchen faucet flow rates will meet or exceed New Construction standards;

6. Modifications that entail hot water will trigger a requirement for an Instant-Access Hot Water System.

7. All new or replaced hot water pipe will be insulated.

8. Water Efficient Pre-Rinse Spray Valves will be utilized when a pre-rinse spray valve is installed;

9. Automatic irrigation systems will be retrofit to include a Rain Sensor upon Change of Ownership and as a condition of any Water Permit;

10. The implementation of Non-Residential Best Management Practices will be integrated into construction and operation of any New Structure to the extent possible.

NON-RESIDENTIAL CHANGE OF USE

Current standards:

1. ULF (1.6 gallons per flush toilets)

2. 1.0 gallon per flush urinals (when installed)

3. 2.5 gallons per minute (gpm) showerheads

4. 2.2 gpm faucet aerators

Proposed Standards

All Change in Use after January 1, 2010, will meet or exceed the following standards:

1. High Efficiency Toilets will replace all non-HET toilets that were installed more than ten (10) years from the date of Change of Ownership or issuance of a Water Permit;

11. Showerhead flow rates will meet or exceed New Construction standards;

12. Bathroom faucet flow rates will meet or exceed New Construction standards;

13. Kitchen faucet flow rates will meet or exceed New Construction standards;

14. Water Efficient Pre-Rinse Spray Valves will be utilized when a pre-rinse spray valve is installed;

15. The implementation of Best Management Practices will be integrated into operation of the project to the extent possible.

MANDATORY CONSERVATION REQUIREMENTS

Current standards:

1. All Visitor-Serving and Public and Quasi-Public Facilities will display in visible locations in all restrooms, kitchens, and dining areas, placards or decals approved by the District promoting public awareness of the need for water conservation and/or advising the public that waste of water is prohibited.

2. The owner and/or manager of each rental property will provide a pamphlet, brochure, or other literature to current and future tenants that list the water conservation requirements, including the Water Waste and Non-Essential Water Use regulations of the District.

Proposed Conservation Requirements

In addition to the current standards, after January 1, 2010, the following rules will apply within the District:

1. Any person who purchases and installs an automatic Irrigation System that is not a Weather-Based Irrigation System will be encouraged to install and maintain a Rain Sensor on the system. Rain sensors are available for approximately $30 wherever irrigation supplies are sold, and are available at no cost to MPWMD water Users from MWPMD. A homeowner or irrigation professional can install them.

2. By July 1, 2010, all Non-Residential facilities that utilize one or more Pre-Rinse Spray Valves will install and maintain Pre-Rinse Spray Valves that flow at a maximum of 1.6 gallons per minute.

3. Visitor-Serving Facilities, where applicable, will utilize towel and linen reuse programs, whereby towels and linens are changed every three days or as requested by action of the guest.

4. Visitor-Serving Facilities will not serve water to guests except upon request. Notification of this requirement will be provided on the table(s) or menu(s) of each facility. This is currently a requirement and is shown in the Water Waste definition in Rule 11.

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