EXHIBIT
2-A
PRELIMINARY
DRAFT
ORDINANCE NO. 127
AN
ORDINANCE OF
THE
MONTEREY PENINSULA WATER MANAGEMENT DISTRICT
EXPANDING THE TOILET
RETROFIT REBATE PROGRAM TO INCLUDE REBATES FOR HIGH EFFICIENCY TOILETS
FINDINGS
1.
The
Water Management District is charged under the Monterey Peninsula Water
Management District Law with the integrated management of the ground and
surface water resources in the
2. The Water Management District has general and specific power to cause and implement water conservation activities as set forth in Sections 325 and 328 of the Monterey Peninsula Water Management District Law.
3.
The Water Management District approved a toilet
replacement rebate program when it adopted the Action Plan for Water Supply
Alternatives in February 1996. The
Action Plan addressed the need for water supply projects to meet the water
supply needs of the
4.
5.
Under SWRCB Order No. WR 95-10, Cal-Am was ordered to
reduce its historical diversion from the
6. The rebate program contributes to water savings throughout the MPWMD. It is estimated that as of October 31, 2006, the rebate program saves 174.443 acre-feet annually.
7. Cal-Am is a co-sponsor in the District’s rebate program and provides up to fifty (50) percent of the annual rebate fund.
8.
Retrofitting of properties located in the Monterey
Peninsula Water Resource System benefits the
9. High Efficiency Toilets are proven to perform equally or better than ultra-low flush (1.6 gpf) toilets.
10. Waterless Urinals have been proven successful at reducing water demand in Non-Residential uses.
11. The replacement of existing facilities is a categorical exemption under Class I, §15301 of the California Environmental Quality Act (CEQA). A Notice of Exemption has been filed in compliance with CEQA.
12. This ordinance complements the provisions of the rebate program enacted by MPWMD Ordinances No. 85, 88, and 110 and shall be read concurrently, with this ordinance superseding any conflicting provisions of the previous ordinances.
NOW THEREFORE be it ordained as follows:
ORDINANCE
Section One: Short Title
This ordinance shall be known as the
2007 High Efficiency Toilet and Waterless Urinal Rebate Ordinance of the
Monterey Peninsula Water Management District.
Section Two: Statement of Purpose
The Monterey Peninsula Water Management District enacts this ordinance to expand the standards for the toilet replacement rebate program as set forth in Ordinance Nos. 85, 88 and 110. The purpose of this ordinance is to continue and to expand the rebate program by adding High Efficiency Toilets (HET) and Waterless Urinals to the list of Qualifying Devices. The previously adopted rebate program shall continue and is reenacted and expanded by this ordinance.
Section Three: Definitions
Unless the context specifically indicates otherwise, the following words or phrases shall be given the definitions set forth below for the purpose of this ordinance and shall be permanently included in Rule 11, Definitions, of the Rules and Regulations of the District. Additional words used in this ordinance are defined in Rule 11.
HIGH EFFICIENCY TOILET
(HET) – “High Efficiency Toilet” or “HET” shall mean a toilet that is designed
to flush at 20
percent below a 1.6-gallons-per-flush Ultra-Low Flush Toilet. An HET toilet shall have a maximum average
flush of 1.28 gallons.
Section Four: Rebate
A. This ordinance adds HET toilets to the list of Qualifying Devices.
B. This ordinance adds Waterless Urinals to the list of Qualifying Devices.
C. This ordinance expands the rebate program to all Water Users within the Monterey Peninsula Water Management District.
Section Five: Eligibility
A. Qualifying Criteria. The rebates created by Ordinance Nos. 85, 89 and 110 shall apply to Qualifying Devices installed on Sites supplied by a Water Distribution System that is regulated by the Monterey Peninsula Water Management District.
B. Replacement of Existing Fixtures.
1. Rebates shall not be issued for the replacement of existing qualifying devices.
2. Notwithstanding B-1 above, replacement of an ultra-low flush (1.6 gallons-per-flush) toilet with an HET toilet shall qualify for a rebate.
Section Nine: Publication and Application
The provisions of this ordinance shall cause the republication and amendment of Rule 11 of the permanent Rules and Regulations of the Monterey Peninsula Water Management District. This ordinance shall be read in conjunction with and complement those provisions of the District’s Rules and Regulations. This ordinance shall be read concurrently with Ordinance Nos. 85, 88, and 110, with this ordinance superseding any conflicting provisions of the previous ordinances.
Section Ten: Effective Date
This ordinance shall be given effect at 12:01 a.m. on March 1, 2007.
Section Eleven: Sunset
This ordinance shall not have a sunset date.
Section Twelve: Severability
If any subdivision, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this ordinance, or of any other provisions of the Monterey Peninsula Water Management District Rules and Regulations. It is the District’s express intent that each remaining portion would have been adopted irrespective of the fact that one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable.
On motion of Director ____________, and second by Director _____________, the foregoing ordinance is adopted upon this ______ day of _____________, 2007, by the following vote:
AYES:
NAYS:
ABSENT:
I, David A. Berger, Secretary to the Board of Directors of the Monterey Peninsula Water Management District, hereby certify the foregoing is a full, true, and correct copy of an ordinance duly adopted on the ____ day of _________, 2007.
Witness my hand and seal of the Board of Directors this ____ day of _________, 2007.
________________________________
David A. Berger, Secretary to the Board
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