TECHNICAL ADVISORY COMMITTEE
ITEM:		ACTION ITEMS
5.	DEVELOP RECOMMENDATION TO THE BOARD REGARDING FIRST READING OF ORDINANCE NO. 145 CLARIFYING REGULATIONS PERTAINING TO PERMITS, CONSERVATION AND ENFORCEMENT
Meeting Date:			August 3, 2010	Budgeted:	N/A
From:			Darby Fuerst	Program/		N/A
			General Manager	Line Item No.:
Prepared By:			Stephanie Pintar	Cost Estimate:	N/A
General Counsel Review: Pending
Committee Recommendation: The Water Demand Committee reviewed this ordinance on July 21, 2010, and recommended approval.
CEQA Compliance: Initial Study and Notice of Intent to Adopt a Negative Declaration filed July 23, 2010. Comment period from July 26, 2010 through August 16, 2010.

SUMMARY: Draft Ordinance No. 145 (Exhibit 5-A), clarifies and amends rules found in the permits, conservation, and enforcement regulations of the Monterey Peninsula Water Management District (MPWMD or District). This ordinance also amends the water demand calculation procedure in Rule 24 to allow for a reduction in outdoor water demand when a rainwater harvesting system is installed to support or augment irrigation water needs in new construction, modifies the District’s metering requirement for fire suppression systems, and amends the landscape demand calculations in Rule 24 and the definitions in Rule 11 to be consistent with the California Model Water Efficient Landscape Ordinance that was adopted by MPWMD in November 2009 in Ordinance No. 141. The following paragraphs further summarize the measures included in the draft ordinance:

Definitions

1. The ordinance adds eight new definitions (Rule 11).

a. Two new definitions are reinstatements of definitions deleted by Ordinance No. 141. Counsel has requested that they be reinstated because the terms show up in older deed restrictions.

b. There are four new definitions that are directly from the State Model Efficient Landscape Ordinance that was adopted by the Board in November 2009. These additions to the District’s Rules clarify language related to outdoor water use calculations in Rule 24.

c. Amendments to the MPWMD definitions of an “Abandoned Well” and an “Inactive well” are made so they are consistent with the language currently in laws promulgated by the State of California and Monterey County. The new language was taken from the MCHD ordinance. A new definition for “Fractured Rock” was prepared, in consultation and coordination with MCHD, as this has emerged as an area of interest statewide and locally.

d. The definition of Rainwater Harvesting Capacity is added to explain how water catchment calculations are to be conducted.

2. The ordinance amends 10 existing definitions (Rule 11).

a. Two definitions are related to wells (Abandoned Well and Inactive Well).

b. Clarifications are made to four definitions to assist with field inspections (Bar Sink Entertainment Sink, Kitchen Sink and Vegetable Sink).

c. Maximum Applied Water Allowance is amended to be consistent with the State Model Water Efficient Landscape Ordinance adopted by the Board in November 2009.

d. Non-Essential Water Use is amended to include charity car washes.

e. The measurement of a Water Unit in the California American Water system is changed from 748 gallons to 74.8 gallons as changed with the approval of the last General Rate Case.

f. Water Waste is amended to include washing livestock without a Positive Shut-Off Nozzle. This generally pertains to large livestock locations such as the fairgrounds and equestrian centers.

Water Distribution System Permits

Ordinance text related to fractured rock wells and Water Distribution Systems (WDS) is proposed to include provisions that: (a) require all new WDS permittees to allow their wells to be monitored by MPWMD for water levels and meter readings; (b) clarify that all owners of wells do not have access to California American Water (CAW) water until there is full compliance with SWRCB Order 95-10 and the Seaside Basin adjudication, and a water allocation is available from the affected jurisdiction; and (c) change exemption criteria to allow a well to be inactive for only three years (not 10); and (d) require any exempt well to have a proper MPWMD hydrogeology assessment within three years. There are also a few housecleaning items. These changes reflect current practice as well as coordination with the Monterey County Health Department (MCHD). The following text summarizes the text changes and rationale.

1. Rule 20-C, Exemptions, adds new text that all fractured rock wells and all wells providing potable supply must have a current (within three years) pumping test performed pursuant to MPWMD protocol. It shortens the timeline for replacement of an inactive well from 10 to three years. The purpose is to avoid approval of a well that was never tested adequately, which puts the property owner and water resource at risk.

2. Rule 22-D-1-h adds text that has been part of WDS Permit Conditions of Approval for the past several years, to formalize the fact that there shall be no “bailouts” of a failed well system with CAW water until CAW’s supply is fully lawful.

3. A new Rule 22-D-1-o is created to provide access to MPWMD to wells for data collection and inspection purposes .

4. The revised Rule 22-D-4 text was developed to help avoid confusion by applicants regarding the term “facilities” in the current rule, with emphasis on the permitted water system and not the entire proposed project.

Water Permits

1. Rule 20-B-6 has been clarified to incorporate current practices that exempt unenclosed structures and temporary structures from Water Permit requirements.

2. Rule 20-B-6 includes a requirement for a Water Permit for use of a Mobile Water Distribution System (i.e., trucked water). A subsequent ordinance will more fully address the process for permitting these systems.

3. Rule 23-A-1-m clarifies that the District will stamp the Landscaping plans submitted for a Water Permit and that an electronic copy will be maintained by the District for future reference. This is consistent with the State Model Water Efficient Landscape Ordinance.

4. Rule 23-B-1-e and Rule 23-B-2-e adds a requirement for a deed restriction allowing access to water records at any property that applies for a Water Permit that requires at least one deed restriction. This will allow the District to access consumption data to validate its permit process and to verify conservation savings. This involves approximately 15 minutes of staff time in addition to legal review. The applicant will pay approximately $65 for the public access deed restrictions costs as part of the permit fees.

5. Rule 23-B-3-b has clarification that the service by California American Water that supplies the Sleepy Hollow Subdivision in Carmel Valley is also known as the Sleepy Hollow Mutual Potable Water Distribution System.

6. Hose bibs have been added to the list of exempt residential water fixtures shown in Rule 24-A-2. Outdoor water use is not determined by the number of hose bibs.

7. The exterior water use calculations for Residential and Non-Residential uses have been modified to be consistent with the State Model Water Efficient Landscape Ordinance. Edits can be found at Rule 24-A-5-a and b. Staff is proposing use of the Estimated Total Water Use (ETWU) as the appropriate outdoor water demand estimate in place of the Maximum Applied Water Allowance. The ETWU is a more accurate reflection of water use and is required under the State Model Water Efficient Landscape Ordinance. In addition to the Landscaping demand, a minimum outdoor factor of 0.02 AFA has been added to account for non-irrigation uses such as car washing, window washing, etc.

8. Rule 24-A-5-d and Rule 24-B-2 are added to provide for a reduced water demand calculation when rainwater storage is a component of an Irrigation System. The calculation used to determine the reduced demand is conservative and uses dry year data to ensure that water will be available to meet the storage calculation in most years.

9. Table 3: Connection Charge History has been updated to show the Connection Charges for the past four years.

Water Credits

Rule 25.5-F-4-d-(2) modifies the requirement for third party review of a water savings analysis to occur only when staff is unable to verify the water savings. At such time, the District will contract for a third party review and will pass the cost to the applicant. Currently, the applicant has been hiring their own “independent third parties” prior to District review of the preliminary savings assessment. This has resulted in significant additional time to process requests for credit.

Enforcement

Very minor clarifications have been made to the Enforcement Regulation at Rule 22-E, Rule 22-F and at Rule 116 where new subparagraph numbering (A and B) have been added.

Conservation

Clarification to Rule 143-F that the term “laundries” was intended to refer to “Clothes Washers” for purposes of achieving Non-Residential Retrofits to High Efficiency Clothes Washers by December 31, 2012.

RECOMMENDATION: The Technical Advisory Committee should review the draft ordinance and make a recommendation to the Board. The ordinance has been written with an effective date of December 1, 2010.

IMPACT ON STAFF/RESOURCES: The changes proposed in this ordinance have minimal impact on staff, other than the additional requirements imposed by calculating Rainwater Harvesting Capacity. Staff does not believe that the additional time will impact overall services.

EXHIBITS

5-A Draft Ordinance No. 145

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