WATER DEMAND COMMITTEE
3.	DISCUSS WATER CREDITS AND THE POTENTIAL IMPACT OF REVISIONS TO REGULATION XIV
Meeting Date:		April 13, 2009	Budgeted:	N/A
From:		Darby Fuerst,	Program/
		General Manager	Line Item No.:
Prepared By:		Stephanie Pintar	Cost Estimate:	N/A
General Counsel Approval: N/A
Committee Recommendation: N/A
CEQA Compliance: N/A

SUMMARY: Proposed amendments to Regulation XIV, Water Conservation, will reduce the District’s water use standards for toilets (from 1.6 gallons per flush to High Efficiency Toilets), dishwashers (currently no restriction to Ultra-Low Water Consumption Dishwasher), and washing machines (from no restriction to Ultra-Low Water Consumption Washing Machine). The proposal to reduce the standards is forward-thinking in keeping with the District’s goal to be a leader in water conservation. Water saved through mandatory conservation requirements contributes to community compliance with regulatory restrictions and reduces the amount of water needed to serve the community.

Staff has identified a potential impact of the proposed conservation requirements that requires policy direction. Several of the fixtures associated with the proposed mandatory conservation standards can be installed as an option to reduce the water demand associated with a Water Permit. The additional water savings offsets the potential increase in demand. Credits for these fixtures are listed in Table 4, Ultra-Low Consumption Appliance Credits (Rule 25.5) (Exhibit 3-A). Rule 25.5-B states:

“Water savings resulting from mandatory District programs, including water savings resulting from the installation of Low Water Use Plumbing Fixtures Mandated by the District, shall not result in a Water Use Credit. Such savings shall be set aside as permanent water conservation savings essential to the District’s 15 percent conservation goal approved by the Board in March 1984.”

DISCUSSION: The conservation goal established by the District in 1984 contemplated achievement of a 15 percent reduction in per-capita water use through its Ultra-Low Flush Toilet rules and other conservation programs such as wastewater reclamation. One could argue that achievement of additional water savings is a “bonus” and should continue to be available to the limited number of Water Permit applicants that intend to use a Water Credit to add a bathroom or other water fixture in their home. Conversely, due to the current regulatory restrictions on local water production, any contribution to reduced per-capita water use should be pursued and water savings banked. As a middle ground, it may be that a specific quantity of reinvested water savings is reasonable given that these credits have been one of the few ways to add water fixtures in the past several years. If reuse is allowed, specific conditions may need to be considered, such as limiting the quantity of water savings that could be reused on a site (e.g., no more than 5 fixture units).

Related to the previous discussion are Non-Residential Water Credits. At this time, an applicant must identify the water savings associated with the installation and use of ultra-low consumption appliances and fixtures and have an independent third party verify the savings before the District will consider issuing a Water Credit. In the past ten years, there have been less than ten applications for credit under this provision. However, as water becomes scarcer, there is a greater likelihood that these applications will increase. The proposed amendments to the conservation standards will similarly affect Non-Residential projects, where the addition of square-footage often is associated with increased demand.

RECOMMENDATION: Staff recommends the Water Demand Committee discuss this issue and provide policy direction to staff. The proposed amendments to Regulation XIV, Water Conservation, are expected to be considered by the Board in May 2009.

EXHIBITS

3-A Table 4, Rule 25.5

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