TECHNICAL ADVISORY COMMITTEE
ITEM:		ACTION ITEMS
1.	Discuss Baseline Outdoor Water Use Concepts
Meeting Date:			March 8, 2005
From:			David A. Berger,
			General Manager
Prepared by:			Stephanie Pintar

SUMMARY: At the January 2005 TAC meeting, the members of the TAC shared their jurisdiction’s landscaping requirements. Only three jurisdictions appear to have specific landscape ordinances in place: The City of Seaside, Carmel-by-the-Sea and the unincorporated areas of Monterey County. A copy of Carmel’s ordinance is attached as Exhibit 1-A.

District staff is considering a comprehensive landscape ordinance to ensure that all areas of the District are achieving the same level of outdoor water conservation. On January 11, 2005, the TAC members indicated that due to budgetary constraints for review and enforcement, they would not be able to support an ordinance that required a landscaping plan for homeowner-installed residential landscapes. The committee agreed that it would be best to encourage homeowners to develop a plan and install drought tolerant landscaping, rather than making it a requirement.

Staff’s goal is to bring forward an ordinance that will address reductions in baseline outdoor water use and that will provide both incentives and enforcement mechanisms. A comprehensive ordinance covering indoor and outdoor baseline conservation requirements was considered by the Board in October 2003 (Ordinance No. 112). No action was taken at that time, although staff was directed to return to the Board with two ordinances, one that addresses indoor water conservation and one that addresses outdoor water conservation. In addition to increasing enforcement of the State Ordinance or similar requirements in each jurisdiction of the District, other conservation concepts for the baseline outdoor water conservation ordinance include:

· Expanding the state requirements or similar requirements to include landscapes under 2,500 square feet, homeowner-installed residential landscapes, cemeteries and registered historical sites;

· Require automated irrigation systems and controllers on all new landscaping. Irrigation controllers manage irrigation schedules based on various planting zones and feature rain sensor capabilities and seasonal adjustments to prevent unnecessary watering;

· Implement specific turf limitations and native and drought tolerant planting requirements for new construction and for remodels/additions that involve a building permit.

· Provide a water bill credit or other incentive to replace lawns with attractive low-consumption plants and hardscapes.

RECOMMENDATION: The TAC should continue its discussion regarding outdoor water saving ideas with the goal of recommending a number of concepts that the District should pursue. The concepts could then be considered by a broader-based interest group before being considered by the Board.

BACKGROUND: The Technical Advisory Committee (TAC) is being asked to assist with the development of more stringent outdoor water use requirements for existing and new construction. On October 30, 2003, the Board directed staff to develop two conservation ordinances to expand the District’s baseline conservation requirements. One ordinance would establish baseline conservation measures for indoor water use, and the other would establish sustainable landscape regulations that embody baseline measures for outdoor water use. This direction came after consideration of the first reading of Ordinance No. 112, an ordinance that proposed a number of baseline conservation measures. The following information addresses development of outdoor water use baseline conservation requirements.

In September 1990, Governor Pete Wilson signed Assembly Bill 325 directed the Department of Water Resources to adopt a Model Local Water Efficient Landscape Ordinance by January 1, 1992 (Exhibit 1-A). A team of interested stakeholders such as landscape and construction industry professionals, members of environmental protection groups, water agencies and state and local government created a Model Water Efficient Landscape Ordinance. By January 1993, local agencies were required to adopt a Local Water Efficient Landscape Ordinance, adopt the State Model Water Efficient Landscape Ordinance or make a statement that due to water availability and other factors an ordinance was not necessary. Cities and counties were required to enforce the ordinance as it applies to new and rehabilitated public and private landscapes that require a permit and on developer installed residential landscapes. The ordinance does not apply to landscapes under 2,500 square feet, homeowner-installed residential landscapes, cemeteries, registered historical sites and ecological restoration and mined reclamation areas without permanent irrigation systems.

The District staff has left enforcement of the State’s landscape directive to the jurisdictions and has not adopted its own outdoor water use requirements. However, as the larger part of residential water use appears to be outdoor-related, it is timely for the District to work with the Cities and County to enforce and expand the provisions of this law. This would also be an opportunity to address additional areas, such as homeowner-installed landscaping, that are not dealt with in the Model Landscape Ordinance.

The District’s current outdoor water conservation requirements are minimal: New construction is required to install drip irrigation “where appropriate.” The District relies on the jurisdictions to require and enforce water conservation standards. The District also debits outdoor water use for new construction using a fixture unit value of one-half the total interior fixture units. Large lots (over 10,000 square-feet) are required to prepare and submit a landscape plan and water budget. As of March 1, 2004, the District requires additional water from the jurisdiction if the proposed budget exceeds one-half the interior fixture units.

As the local jurisdictions have the land use authority, it is appropriate to have them as active participants in development of new water use regulations, particularly as the new requirements impact local permitting and enforcement functions. In addition, staff recommends working with California American Water (Cal-Am) as a partner in this effort. As a party to the Memorandum of Understanding Regarding Urban Water Conservation in California, Cal-Am is required to cooperate with the local jurisdictions to develop and implement landscape water conservation requirements (Best Management Practice 6). In fact, Cal-Am’s 2000-2005 Urban Water Management and Water Shortage Contingency Plan states: “The Company will continue to support MPWMD, the Cities and the County in their implementation of both locally developed and state mandated water conservation ordinances.”

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