EXHIBIT 2-A
RULE 25 -
CANCELLATION OF PERMITS
Discussion: Rule 25 is clarified to provide current standards for expiration of water permits.
A. All permits
issued pursuant to these regulations which are not completed (completion is defined by Rule 11) shall expire upon the date specified by each jurisdiction as shown on the permit two (2) years after the date of issuance or
upon expiration of the building permit
For any permit that does not bear a cancellation date, that permit,
to the extent it has not been completed by the installation of a water meter,
or to the extent permitted fixtures have
not been installed, shall expire one (1) year following the date of issuance. Persons possessing a current and valid Water Release Form whose water permits hasve expired or hasve
been canceled may re-apply for a new water permit pursuant to Rule 20. The District shall not accept any Water
Release Form after the date specified by any jurisdiction. A Wwater Rrelease Fform will
be required for all permit applications, or requests for
extension of a water permit. The District, however, shall not extend a water permit for any site
on which a permit violation of
District rules has been noticed and has not been corrected.
B. All water
permits issued by means of a Water Use Credit shall expire two (2) years following the
date of issuance. Persons possessing a
current and valid Water Release Form whose permits have expired may re-apply
for a new water permit pursuant to Rule 20.
CB. The District Board General
Manager may suspend processing a water permit application or revoke any water permit issued pursuant to
these Rules and Regulations whenever it the General Manager finds
any of the following:
1. That any
requirement or condition of the water permit is not being met.
2. That the permittee has violated any provision of these Rules and
Regulations.
3. That the permittee has misrepresented intentionally or negligently
any material fact in this the water permit application
or in any supporting documents, for his permit.
D. Adjustment
of Allocation for Abandoned or Revoked Permits
1. Any
permitted water capacity which is not used because of an abandoned,
expired, revoked, or returned permit shall be returned to the applicable
Allocation or entitlement applicable to that
Jurisdiction (or the District Reserve) upon the expiration or revocation
of that permit.
2. Issuance of
a Water Use Credit pursuant to Rule 25.5 shall not result in any change to a
Jurisdiction’s Allocation. Use of any
Water Use Credit shall similarly not cause a change to a Jurisdiction’s
Allocation.
E. Refunds shall be issued according to Rule 24-H, Connection Charge
Refunds.
RULE 25.5 - WATER USE CREDITS
Discussion: Proposed edits to Rule 28 include a
clarification of the method for calculating water credits for residential and
non-residential uses and specifies that non-residential uses that receive a
Water Use Credit for retrofitting are placed into a fourth non-residential
water use “group” on Table II. The
proposed edits also clarify how staff determines the appropriate water credit
and tightens loopholes in the existing rule.
A table listing the residential water use credit incentives is
added. The rule is clarified to explain
the requirements for disconnection from a potable water system, and to clarify
the process for obtaining a credit for gray or sub-potable exterior water
use. Finally, the rule acknowledges the
temporary discontinuance of water on a site.
A. Except where
a water
permit has been canceled, returned or revoked under these
Rules, a Pperson may receive a Water Use Credit for the permanent abandonment of some or
all of the prior water use on that Site by one of the methods set forth in this Rule. Water Use Credits shall be documented by
written correspondence between the District and the property owner, and shall remain valid unless prohibited by this Rule. Water Use Credits shall not be documented by
notice on a property title, except as specified in Rule 25.5 C B. Water Use Credits shall not be transferable
to any other Site, except as allowed by Rule 24-B and Rule 28-B.
1. A person
may apply to the District for a Water Use Credit in advance of the permanent
abandonment of capacity for water use, which that Person may cause on
that Site. In such a circumstance, District
staff the General Manager shall grant a Water Use Credit if the standards in
this section have been met. The General
Manager shall:
a. (1) shall vVerify that the Reduction is
one which is permanent (i.e. Permanent Abandonment of Use).
b. (2) shall qQuantify the water use capacity for water use
which remains of the site using the water use factors from
Rule 24, Tables 1 and/or 2. If no factor
is available on Tables 1 or 2, the General Manager shall make
an estimate based upon historical use or other hard documentation.
c. (3) shall qQuantify the reduced water use reduction (the abandoned
capacity) using the factors from Rule 24, Tables 1 and/or 2. If no factor is available on Tables 1 or 2,
the General Manager shall use sufficient other information based
upon historical use or other hard documentation to
quantify water savings. The abandoned capacity must have resulted
either from removal of a lawful water use (i.e. that received a water permit or
did not require a water permit for installation or can be proven to have
existed prior to March 1, 1985), or from the replacement or retrofit of a
lawful water use using lower water use technology.
d. (4) shall qQuantify the increment of reduction which exceeds not
caused by the District’s mandated retrofits and/or low
water use plumbing fixture requirements target of 15% conservation
based upon the criteria used for the Water Allocation EIR, and. This quantification shall be documented as a
Water Use Credit and shall not include credit for the following:
(1). Credit
shall not be given for any reduction, which occurs by reason of a District mandated program (e.g. retrofit-on-resale).
(2). Credit
shall not be given for any reduction which occurs as the result of the removal
of landscaping installed without a water permit. An exception to this limitation shall be made
for landscaping that was specifically identified, quantified, and permitted by
the District.
e. (5) shall pProvide written confirmation written notification to the
property owner of the Water Use Credit based upon the quantity set
forth in element above.
Credit
shall not be given for any reduction, which occurs by reason of a District mandated program (e.g. retrofit-on-resale).
f. A Water Use Credit obtained pursuant to this method may be
applied to, and shall allow, future water use on that Site at
any time within a period of 60 months.
After the 60th month, renewal of this Water Use Credit shall be allowed
only upon proof by the applicant that verification that some or all water
savings represented by that Credit are current (i.e. no water permit or other
use or transfer of the Water Use Credit has occurred). If all savings are not current, a pro-rata
reduction shall occur. A single renewal
period of 60 months shall be allowed; thereafter any remaining unused Water Use
Credit shall expire. Residential
Water Use Credits shall not be transferable to any other Site.
g. Use of a
documented Water Use Credit to offset an expansion of use shall cause
recordation of a Notice And Deed
Restriction Regarding Limitation On Use Of Water On A Property.
2. A Person
who has not applied in advance to the District for a Water Use Credit (in
advance of the abandonment of the capacity for water use) may still request
that a Credit be given based on prior permanent reductions in water use
capacity which occurred on that Site. In such a circumstance, the
applicant shall have the burden to quantify the reduction of water use capacity
and the date such reduction occurred. Evidence shall be provided by
the applicant in the form of dated photographs, official documents, permits or
correspondence of the jurisdiction, or by other clear and convincing
means. The process set forth in Rule
25.5-A-1 shall be followed to determine and document the Water Use Credit.
within the
preceding eighteen (18) months. In such a circumstance the applicant shall
have the burden to quantify and verify both the reduction of water use
capacity, and the date such reduction occurred.
District staff shall determine the increment of reduction which exceeds the
District’s target of 15% conservation as set forth in the Allocation EIR and
shall determine the effective date for that reduction in capacity for water
use. Credit shall not be given for any
reduction, which occurs by reason of a District mandated program (e.g.
retrofit-on-resale); Credit shall not be given for any reduction which was completed more than eighteen (18) months prior to the date
of the application for the Water Use Credit.
The quantity of water determined by staff to be available for a Water
Use Credit under this method, once the Water Use Credit has been granted, may be applied to, and shall allow future water use on that Site within thirty (30) months from the date the reduction
first occurred, and upon proof by the applicant that those water savings are
still current. After the 30th month,
renewal of this Water Use Credit shall be allowed only upon proof by the
applicant that some or all water savings represented by that Credit are current. If all savings are not current, a pro-rata
reduction shall occur. A single renewal
period of thirty (30) months shall be allowed; thereafter any remaining Water
Use Credit shall expire. Residential
Water Use Credits shall not be transferable to any other Site.
3. A Water Use
Credit obtained pursuant to this method may be applied to, and shall allow,
future water use on that Site at any time within a period of 60 months. After the 60th month, the General Manager
shall allow renewal of this Water Use Credit only upon verification that some
or all water savings represented by that Credit are current (i.e. no water
permit or other use or transfer of the Water Use Credit has occurred). If all savings are not current, a pro-rata
reduction shall occur. A single renewal
period of 60 months shall be allowed; thereafter any remaining unused Water Use
Credit shall expire.
5. A Water Use Credit shall may provide
the basis for the General Manager to issue issuance of a water
permit for an Intensified Water Use on that Site. provided
The
following pre-conditions apply to water permit
applications that involve use of a Water Use Credit:
(1) tThe Water
Use cCredit is must
be current (i.e. has not expired),. and
(2) provided tThe
abandoned capacity (i.e. saved water) forming the basis for the Water Use Credit is
determined not yet to have been used on that Site.
(3) The
abandoned capacity resulted from removal of a lawful water use that received a
water permit, did not require a water permit for installation, or can be proven
to have existed prior to March 1, 1985
4. There shall be no connection charge assessed for the
capacity for water used pursuant to any Water Use Credit. Connection charges, however, shall apply to
the capacity for water use, which exceeds the Water Use Credit, or for any expansion of use following the expiration of the Water Use
Credit.
5. Use of a
documented Water Use Credit to offset an expansion of use shall cause
recordation of a Notice and Deed
Restriction Regarding Limitation on Use of Water on a Property.
6. No refund shall accrue by reason of water use reduction, or
abandonment of capacity, whether or not reflected by a Water Use Credit.
7. Issuance of a Water Use Credit shall not result in any
change to a Jurisdiction’s Allocation. Use of
any Water Use Credit shall similarly not cause a change to a Jurisdiction’s
Allocation.
B. When a
Water Use Credit on a Site results from demolition of a building that straddled
a lot line, the property owner shall specify in writing the quantity of water credit
assigned to each of the lots formerly occupied by that building. This designation shall be recorded upon the
title of each of the lots.
C. A Water Use
Credit shall enable reuse of saved water on the Site.
1. Water Use
Credits may be moved between one or more structures on the same Site.
2. The District shall not exact a separate calculation require
an additional increment of water for exterior water usage on a vacant
lot or lot containing an uninhabitable structure when the owner of the Site has submitted clear and convincing evidence of
landscaping and irrigation that was installed by and has been consistently
maintained since March 11, 1985. Acceptable
evidence includes dated photographs, official documents, permits or
correspondence of the jurisdiction, receipts or invoices for gardening services
or purchases related to landscaping and maintaining landscaping on the Site.
3. Residential
Water Use Credits shall be granted by the General Manager for installation of
ultra-low consumption appliances. The
following credits shall be documented for installation of the following appliances:
Table XX:
Ultra-Low Consumption Appliance Credit[I1]
Appliance |
Description |
Water Use Credit in Acre-Feet |
|
Dual Flush Ultra-Low Flush
Toilet |
A
toilet designed to allow the user to choose between a light flush (usually
0.8 gallon) and a longer 1.6-gallon flush. |
0.003
AFA |
|
Instant-Access
Hot Water System |
A
recirculating hot water system or other device that allows hot water within
ten (10) seconds at any point of access. |
0.005
AFA |
|
Ultra-Low
Consumption Dishwasher |
A dishwasher designed to use a
maximum of 7.66 gallons during every complete cycle. |
0.005
AFA |
|
Ultra-Low
Consumption Washer (18-28 gallons) |
A
washing machine designed to use a maximum of 28 gallons during every complete
cycle. |
0.005
AFA |
|
Ultra-Low
Consumption Washer (Less than 18 gallons) |
A
washing machine designed to use less than 18 gallons during every complete
cycle. |
0.01
AFA |
|
Ultra-Low
Flush One-Half Gallon-Per-Flush Toilet |
A toilet designed to use a
maximum of one-half gallon of water per flush. |
0.007
AFA |
|
Ultra-Low
Flush One Gallon-Per-Flush Toilet |
A toilet designed to use a
maximum of one-half gallon of water per flush. |
0.004
AFA |
4. A Water Use
Credit for disconnection from a potable water distribution system shall be
granted by the General Manager only upon the removal of the connection and
written confirmation of such removal by the owner of the water distribution
system.
D. An on-site
water credit resulting from the temporary abandonment of a formerly lawful use
that occurred on or after March 1, 1985, may be applied to, and shall allow, the future reuse of that increment of water on
that Site. A Water Permit
for reinstating the former use shall be required.
RULE 28 - TRANSFER
Discussion: Amendments to Rule 28 include a reference to
fees, clarification that open space water use transfer is permitted by Rule
24-B-2 and standardizes the language for non-residential uses. To strengthen the rule, staff has proposed
adding the Board’s standard condition of approval, the requirement that the
property owner of an originating site complete the Declaration Regarding
Consideration Given for Transferred Water Use Credit.
A. TRANSFER LIMITATION
OF PERMIT OWNERSHIP
Any
permit issued pursuant to these regulations may be transferred from one person
to another upon payment of processing fees and charges required for issuance of
an amended permit, upon written notification to the District, except as
follows:
1. Water pPermits are Site specific and may not be
transferred from one location to another, except as provided by Part B of
this Rule;
2. Permits may
not be transferred when the General Manager determines within thirty (30) days
of the written notification required by this rule that the transfer may allow
or facilitate increased water consumption of a water distribution system.
3. Transferred
permits shall be subject to all conditions attached to the original permit and
are subject to fees under Rule 60. Applicants who are not allowed to
transfer a permit under this rule may apply for a new permit or an amendment to
the existing permit pursuant to Rule 23.
4. Determinations of the General Manager under this rule,
either allowing or refusing a permit transfer, may be appealed to the Board
pursuant to Rule 70.
B. PROPERTY-TO-PROPERTY
AND PROPERTY-TO-JURISDICTION TRANSFERS OF WATER USE CREDITS FOR COMMERCIAL AND
INDUSTRIAL USES
Water
use credits for existing water use which has been allowed by the District on or
after January 1, 1985, may be transferred from one property to another for commercial
and industrial non-residential connections pursuant to this Rule and upon the
approval of the Board of Directors. Commercial and industrial Non-residential
water credits may also be transferred directly into a jurisdiction’s
allocation upon the approval of the Board of Directors. Open space and residential water use shall
not be transferred except as allowed by Rule 24-B-2. The following conditions shall apply:
1. Due to the
District’s ongoing concern about the viability of the available water supply
and the possibility that water transfers may result in additional water usage,
water transfers shall be approved by the Board of Directors, subject to the
other provisions of this Rule, if the transfer will not have an adverse impact
on the water supply. In exercising its
discretion, the Board of Directors shall consider the impacts of the
application under consideration, as well as the cumulative impacts of other
transfers, on the water supply.
2. Water use
credit transfers shall only occur within a single jurisdiction. No inter-jurisdictional transfer shall be
allowed. Property-to-property
transferred water credits shall not have any impact on a jurisdiction’s
allocation. Property-to-jurisdiction
transfers shall increase a jurisdiction’s available allocation.
3. Water use
credit transfers shall only occur within a single water distribution
system. No inter-system transfers shall
be allowed.
4. Water use
credit transfers shall only occur with the prior approval of the city, county
or airport district.
5. Water use
credit transfers shall only be allowed from an existing commercial or
industrial use, and shall be applied to the intensification of another existing
commercial or industrial use or added to a jurisdiction’s allocation. Other than transfers which add to a
jurisdiction’s allocation, transfer credits shall not originate from, or be
transferred to, any residential use.
Transfer credits shall not derive from any prior open space water use.
6. Property-to-property
water use credit transfers shall only be used for intensification
purposes. New water connections shall
not be issued based upon a property-to-property transferred water use credit.
7. Property-to-property
commercial water use credit transfers shall only enable intensification of an
existing commercial or industrial water use capacity, as proposed by a current
application for a water permit.
Transfers shall not provide water use capacity for new commercial or
industrial water meter connections.
Transferred water credits shall not be “banked” for future use at any
new or different site.
8. The use of
credits resulting from a property-to-jurisdiction transfer shall be at the
discretion of the jurisdiction.
9. All water
use credit transfers shall originate only from prior documented commercial
water use capacity and shall be subject to each and every limitation on the
calculation of water use credits set forth in Rule 25.5. The District shall permanently retain
15 percent of the amount of water credit transferred as a contribution to
general water conservation savings.
10. All
transfers of water use credits shall occur only by the written (and recorded)
agreement of the owner of record for each parcel from which the transfer
originates. This agreement shall confirm
that the transfer of water credit is irrevocable, shall quantify remaining
water use capacity required by the originating parcel(s), and acknowledge that
any intensification of water use capacity on the originating site thereafter
shall result in additional connection charge fees. If all prior water use capacity is
transferred from a site (due to demolition of all structures on that site), the
recorded agreement and notice shall consent to permanent removal of the meter
connection from the originating site, and acknowledge that the placement of a
new meter shall be limited due to unavailability of water.
11. Transfer of
water use credits shall only occur upon approval by the Board of
Directors. The Board of Directors shall
have sole and exclusive authority to determine the water use capacity, which
cannot be transferred by reason of capacity requirements for the originating
site. The Board of Directors shall have
sole and exclusive authority to determine the water use capacity requirements for
the receiving site. The Board of Directors
shall not approve any water credit transfer where money or other valuable
consideration has been given in exchange for the water credit transfer. The Board of Directors shall not approve any
capacity for expanded water use deriving from a transferred water credit in any
circumstance where money or other valuable consideration has been given in
exchange for use of the water credit.
These limitations shall nonetheless allow the recipient of a water
credit transfer to reimburse the donor of that credit for connection fees
previously paid to the District for that increment of water. As a condition of approval, the property
owner of the originating site shall complete and submit a Declaration Regarding
Consideration Given for Transferred Water Use Credit.
12. Violation of
the prohibition on the transfer of water credit for money or other valuable
consideration shall result in immediate revocation of the transfer credit.
13. Violation of
the prohibition on the transfer of water credit for money or other valuable
consideration is a misdemeanor as provided in Section 256 of the Monterey
Peninsula Water Management District Law.
14. Transfer of
water use credits shall not be approved by the Board of Directors if the effect
of the transfer shall cause the originating site to have insufficient water
credit to meet the water use capacity requirements of all existing structures
on the transferring property site. If
all prior water use is transferred from a site (due to demolition of all
structures), the transfer shall be approved only upon the removal of the meter
connection from the originating site, and the recordation of the notice
specified above.
15. The effect
of any approved water credit transfer shall be the irrevocable extinction of
any right or entitlement to the actual water use, water use capacity, or water
credit which has been transferred from the originating (transferring) site.
16.
Before any water use
credit transfer shall occur, the transfer fee required by Rule 60 for each
originating site shall be paid by the applicant.
17.
Before any water use credit transfer shall
occur, the applicant shall enter into an indemnification agreement with the
District as a Condition of Approval, whereby the applicant agrees to indemnify,
defend and hold harmless the District from any and all legal and financial
responsibility that may arise in connection with approval of the Application,
including but not limited to attorney’s fees and costs that the District may
incur.
RULE 30 - DETERMINATION OF WATER ALLOCATIONS
Discussion: Rule 30 has been amended to reflect the
current allocation and entitlement situation.
The paragraph on water credits to a jurisdiction has been deleted as
this process has not been applied to date.
Policy direction is needed to maintain this provision, as its
application is uncertain.
When
a Jurisdiction can establish that permanent water savings
have been achieved in excess of that necessary to sustain the 15% conservation
target set forth by the District in the Water Allocation EIR, the excess increment of permanent
water savings may be credited by the District to that Jurisdiction’s
Allocation. Credit shall not be given
for any reduction which occurs by reason of a District sponsored or mandated program (e.g. retrofit-on-resale). Such credits shall be determined by a
Resolution approved by the board of directors of the District. The Board shall adopt guidelines to guide the implementation of
the credit process provided by this Rule.
U:\staff\word\committees\waterdemand\2005\09222005\02\item2_exh2a.doc
[I1]Make this amendable by Resolution.