EXHIBIT 2-A
1st
ORDINANCE NO. 140
AN ORDINANCE OF
THE MONTEREY PENINSULA WATER
MANAGEMENT DISTRICT
AMENDING THE REBATE PROGRAM AMOUNTS AND ADDING REBATES FOR
LAWN REMOVAL, SYNTHETIC TURF INSTALLATION, HIGH EFFICIENCY URINALS, PINT
URINALS, COMMERCIAL HIGH EFFICIENCY WASHING MACHINES, WATER BROOMS AND
COMMERCIAL/INDUSTRIAL/INSTITUTIONAL RETROFITS
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, California American
Water was ordered to reduce its historical diversion from the
7. The Rebate Program contributes to water savings throughout the MPWMD. It is estimated that as of June 30, 2007, the Rebate Program has saved 186.01 Acre-Feet Annually.
8. California American Water is a co-sponsor of the Rebate Program. Funding for this program is made available through rates paid for water approved by the California Public Utilities Commission (CPUC).
9.
Retrofitting of properties located in the Monterey
Peninsula Water Resource System benefits the
10. Retrofitting
of properties receiving water from the
11. The
Rebate Program supports the MPWMD’s
12. The Rebate Program supports the District’s legislative function to conserve water.
13. The current cost (August 2009) of producing one acre-foot of water in the California American Water Distribution System is $1,200. The cost of water shall be used to determine the appropriate rebate for Commercial/Industrial/Institutional (CII) Rebates not specifically identified in this ordinance.
14. This
ordinance shall delete the rebate for Ultra-Low Flush Toilets as the State of
15. Funding for the Rebate program in the California American Water system is provided through California Public Utilities Commission (CPUC) ruling on A.07-12-070.
16. Funding for the Rebate program in other areas of the MPWMD is provided by MPWMD funds.
17. This ordinance shall revise, amend and republish District Rule 11, Definitions, of the Rules and Regulations of the MPWMD.
18. This ordinance shall revise the following terms as used throughout the Rules and Regulations of the District: Ultra-Low Consumption Appliance Credit, Ultra-Low Consumption Dishwasher, Ultra-Low Consumption Technology, and Ultra-Low Consumption Washing Machine.
19. 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.
NOW THEREFORE be it ordained as follows:
ORDINANCE
Section One: Short Title
This ordinance shall
be known as the 2009 Rebate Program Amendment
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 Rebate Program as set forth in Regulation XIV with the goal of providing an incentive to encourage water saving retrofits that might not otherwise occur and by incentivizing retrofits prior to mandatory deadlines. Participation in the Rebate Program is voluntary. The Rebates offered by this program are available only to the extent budgeted and may be modified or rescinded by action of the Board of Directors.
Section Three: Definitions
1.
Unless the context specifically indicates otherwise,
the following words or phrases shall be given the definitions set forth below
and shall be permanently added to or deleted from Rule 11, Definitions, of the
Rules and Regulations of the District. New
and revised text is shown in bold
italics (bold italics) and deleted text is shown in strikeout (strikeout). Numbering is provided for ease of review.
a.
CONSORTIUM FOR
ENERGY EFFICIENCY – “Consortium for Energy Efficiency” (CEE) shall refer to the
nonprofit public benefits corporation that develops initiatives for its North
American members to promote the manufacture and purchase of energy-efficient
products and services. CEE members include utilities, statewide and regional
market transformation administrators, environmental groups, research
organizations and state energy offices in the
b.
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. A High Efficiency Toilet
shall have a maximum average flush of 1.283 gallons.
c.
HIGH EFFICIENCY URINAL – “High Efficiency
Urinal” shall mean a Urinal designed and manufactured to flush with a maximum
of 0.5 gallon per flush.
d.
LAWN – “Lawn” shall mean an area of land planted with grass which
is maintained at a low, even height.
e.
ROTATING SPRINKLER NOZZLE – “Rotating Sprinkler Nozzle” shall
mean a multi-trajectory, revolving stream spray head
that applies Irrigation System water much more slowly and uniformly than
conventional sprays.
f.
PINT URINAL – “Pint Urinal” shall mean a mean a Urinal
designed and manufactured with a maximum of one pint (0.125 gallons per flush)
of water.
g.
SYNTHETIC
TURF – “Synthetic Turf” shall mean a grass-like surface covering that replicates lush natural grass in
appearance and function.
h.
ULTRA-LOW
CONSUMPTION HIGH EFFICIENCY APPLIANCE
CREDIT – “Ultra-Low Consumption High Efficiency Appliance Credit”
shall mean a Water Use Credit granted for the installation of ultra-low
consumption appliances in Residential uses.
i.
ULTRA-LOW
CONSUMPTION HIGH EFFICIENCY DISHWASHER
- “High
Efficiency Ultra Low Consumption Dishwasher” shall mean a
Dishwasher designed to use a maximum of 7.66 5.8 gallons during every complete per cycle. A
High Efficiency Dishwasher shall have Energy Star certification.
j.
ULTRA-LOW CONSUMPTION HIGH EFFICIENCY WASHING
MACHINE - “Ultra-Low Consumption High Efficiency Washing Machine”
shall mean a Washing Machine designed to use a maximum of 28 gallons during
every complete cycle with a Water Factor of 5.0 or less.
k.
WATER BROOM –
“Water Broom” shall mean a broom-like cleaning device that uses a combination
of water and air to clean hard surfaces with no runoff.
l.
WATER EFFICIENT PRE-RINSE SPRAY VALVE –
“Water Efficient Pre-Rinse Spray Valve” shall mean a handheld device that uses a spray of
water to remove food waste from dishes prior to cleaning in a commercial
Dishwasher and that has a cleaning
time of 26 seconds or less at 1.6 gallons per minute (at 60 psi). Pre-rinse spray valves consist of a
spray nozzle, a squeeze lever that controls the water flow, and a dish guard
bumper. Models may include a spray handle clip, allowing the user to lock the
lever in the full spray position for continual use. Pre-Rinse Spray Valves are usually placed at
the entrance to a commercial Dishwasher and can also be located over a sink, in
conjunction with a faucet fixture.
m.
WATER FACTOR – “Water Factor” shall mean a rating of water
efficiency established by the
2. Revisions to definitions shall apply throughout the Rules and Regulations of the District. All defined terms shall be replaced with revised terms as adopted in this ordinance.
3. District Rule 25.5, Table 4, shall be amended to reflect water use criteria for High Efficiency Dishwashers, High Efficiency Toilets and High Efficiency Washing Machines.
Section Four: Retroactive
Rebates for Lawn Removal and Installation of Synthetic Grass, High Efficiency
and Pint Urinals, and Rotating Sprinkler Nozzles
Rebates enacted by this ordinance for lawn removal and for purchase and installation of Synthetic Turf, High Efficiency Urinals, Pint Urinals and Rotating Sprinkler Nozzles shall be available retroactively to September 22, 2007, subject to the time limitation outlined in the Rebate Eligibility guidelines of Rule 141-D and subject to eligibility requirements outlined in this ordinance.
Section
Five: Addition of Rule
141 – Water Conservation Rebates
A. Rule 141 shall
be amended as shown in bold italics (bold italics) and strikeout
(strikethrough).
RULE
141 – WATER CONSERVATION REBATES
A. REBATES
Rebates are available for completion of any of the following actions within the boundaries of the Monterey Peninsula Water Management District. The following is the list of Qualifying Devices:
1.
Replacement of a non-Ultra-Low
Flush Toilet with an Ultra-Low Flush Toilet;
21. Initial installation of an Ultra-Low
Consumption Dishwasher;
32. Initial installation of an Ultra-Low
Consumption Washing Machine in a Residential Use;
43. Initial
installation of an Instant-Access Hot Water System;
54. Initial installation of a High Efficiency
Toilet;
65. Initial installation of a Zero Water
Consumption Urinal;
76. Initial installation of a Cistern to store
water as a component of an Irrigation System.
Maximum available Rebate shall be for 3,000 gallons of Cistern storage
capacity on a Site;
87. Initial installation of a Smart
Controller;
98. Initial installation of a Rain Sensor
appurtenant to a Smart Controller or to a conventional automatic Irrigation
System controller;
109. Initial installation of Soil Moisture
Sensors that control the irrigation cycles of a conventional automatic
Irrigation System controller. Gypsum block Soil Moisture Sensors shall not be
included on the list of Qualifying Devices.
10. Removal of established lawn and
replacement with low water use plants or Synthetic Turf (requires pre and post
inspection);
11. Initial installation of Synthetic Turf;
12. Initial installation of a High Efficiency
Urinal;
13. Initial installation of a Pint Urinal;
14. Initial installation of a Rotating
Sprinkler Nozzle;
15. Purchase of a Water Broom. Maximum available Rebate shall be for two Water
Brooms per Site;
16. Initial purchase and installation of a
High Efficiency Clothes Washer designed and manufactured for Non-Residential
uses;
17. Any permanent retrofit/replacement of a
Non-Residential water use that results in quantifiable and documentable water
savings. Examples include: Water-cooled ice machines, commercial Washing
Machines, conductivity controllers for cooling towers, Water Efficient Pre-Rinse
Spray Valves, boilerless steamers, etc.
The following Rebates shall be issued by the District on a first-come, first-served basis as long as funds remain available. In the event that funds are expended, applications shall be filed in the order received. If all eligibility criteria has been met and additional funding is made available, Rebates shall be first funded for applications on file pending Rebate, with all subsequent applications taken in a first-come, first-served order as long as funding remains available.
At no time shall the Rebate amount exceed the price of the Qualifying Device, except as allowed for related costs as provided below:
1.
The Rebate for replacement of a non-Ultra-Low
Flush Toilet with an Ultra-Low Flush Toilet shall cover the cost of the toilet,
seat, wax seal, supply line, angle stop, plumbing permit, sales tax and
installation by a licensed plumber, not to exceed $100 per toilet or the actual
cost per toilet, whichever is less.
21. The
Rebate for initial installation of a High Efficiency Toilet shall be $150200
per toilet or the actual cost per toilet, whichever is less.
32. The
Rebate for an Ultra-Low Consumption Dishwasher shall be $125 per appliance.
43. The Rebate for an
Ultra-Low Consumption High Efficiency Washing Machine with
a maximum water usage of between 18.1 and 28 gallons per load shall be $150250 per
appliance.
5. The
Rebate for an Ultra-Low Consumption Washing Machine with a maximum water usage
of 18.0 gallons per load shall be $200 per appliance.
64. The
Rebate for installation of an recirculating
Instant-Access Hot Water System shall be $200 per Site or the actual cost,
whichever is less.
75. The
Rebate for installation of an on-demand pump or point-of source water heater as
part of an Instant-Access Hot Water System shall be $100 per component, to a
maximum of two components per Site.
86. The
Rebate for Zero Water Consumption Urinals shall be $200 300 per
urinal or the actual cost per fixture including installation, whichever is
less.
97. The
Rebate for a Smart Controller shall be $100 for up to four stations. An additional $10 shall be available per
station up to twenty (20) stations or the actual cost, whichever is less. The District shall maintain a list of
qualifying Smart Controllers.
108. The
Rebate for a Rain Sensor attached to an Irrigation System controller shall be
$25 or the actual cost, whichever is less.
119. The
Rebate for installation and use of one or more Soil Moisture Sensor(s) on a
conventional automatic Irrigation System shall be $25 per sensor or the actual
cost, whichever is less. Gypsum block
Soil Moisture Sensors shall not qualify for Rebate.
102. The Rebate for Cistern water tanks shall be $25 per 100 gallons
of water storage capacity, up to a maximum storage capacity of 3,000 gallons
per Site.
11. The Rebate
for removal of established lawn and replacement with low water use plants or
Synthetic Turf shall be $1.25 per square-foot.
12. The
Rebate for installation of Synthetic Turf shall be $2.00 per square-foot.
13. The Rebate
for the initial installation of a High Efficiency Urinal shall be $200
or the actual cost per fixture including installation, whichever is less.
14. The Rebate
for the initial installation of a Pint Urinal shall be $250 or the
actual cost per fixture including installation, whichever is less.
15. The Rebate
for the initial installation of a Rotating Sprinkler Nozzle shall be $0.50 per
nozzle.
16. The Rebate
for the purchase of a Water Broom shall be $150 or the actual cost per
fixture including installation, whichever is less.
17. The Rebate
for the purchase of a High Efficiency Clothes Washer for Non-Residential uses including
Multi-family properties or institutions with a common area
laundry facility shall be $450;
18. Permanent
retrofit/replacement of a Non-Residential water use that results in
quantifiable and documentable water savings shall receive a Rebate [I1] based on the documented savings multiplied by the cost per
acre-foot of water saved annually as a result of the retrofit/replacement. The cost of water shall be determined by the
Water Distribution System Operator.
C. REBATE
ELIGIBILITY
1. Rebates shall be issued only for installation of Qualifying Devices on Sites located within the District that are served by Water Distribution Systems regulated by the District.
2.
No Rebate shall be issued for installation of
Qualifying Devices that are required to be installed and maintained by
Regulation XIV of the District. Rebates shall be available for all retrofits
until the date the retrofit becomes mandatory, such as the date a Change of
Ownership occurs, a Water Permit is issued, or the date a Non-Residential
retrofit is required pursuant to Regulation XIV This includes but is not limited to:
a.
Properties subject to Rule 142 (Plumbing
Fixtures for New Construction), Rule 143 (Retrofit of Existing Commercial Uses)
and Rule 144 (Retrofit Upon Change of Ownership or Use) at the time the Rebate
application is processed.
b.
Properties required to install Ultra-Low Flush
Toilets as a condition of a water rationing variance (Rule 92).
3.
No Rebate shall be issued for Ultra-Low Flush
Toilets when the District’s records indicate that a Water Permit was issued
between 1985 and 1987 and a Connection Charge reduction occurred as a result of
the Applicant’s agreement to install Ultra-Low Flush Toilets.
43. Rebates shall be
available only for the initial installation of Qualifying Devices.
54. Rebates shall be available for a maximum of twenty (20) toilets on a
Non-Residential Site.
65. Rebates shall not be issued for more than 3,000
gallons of Cistern storage capacity on a Site.
6.
Rebates for Lawn removal shall be available
only for lawn that is irrigated with water from
7.
Rebates for Lawn removal and Synthetic Turf
installation shall undergo a free pre-inspection by the District to document
existing conditions before removal/installation and shall have a follow-up
inspection to document removal of Lawn and/or installation of Synthetic Turf.
8.
Lawn removal for customers of
D. CONDITIONS
OF APPROVAL
1. Applications for Rebates shall be submitted within 90 days of purchase of Qualifying Devices.
2. Applicant agrees to install the fixture and/or appliance at the property listed on the application form.
3. Applicant shall certify under the penalty of perjury that the information on the application is true and complete.
4. Rebates shall only be granted for Qualifying Devices that meet the definitions as provided in Rule 11.
5. Applicant agrees that the District may conduct an inspection of the Rebate Site to verify installation of Qualifying Devices.
6. Rebates shall only be granted for Smart Controllers that meet minimum quality and dependability requirements as determined by product testing conducted by the Irrigation Association. Smart Controllers that meet these criteria shall be named on a list of qualifying Smart Controllers on file at the District offices. A copy of this list shall be posted on the District’s website and shall be updated as new Smart Controllers meet the Irrigation Association criteria.
7. In addition to other requirements, Sites for Rebate for installation of Smart Controllers shall meet the following minimum requirements:
a. Irrigation System shall be a fully operational in-ground Irrigation System operated by an automatic sprinkler timer, and shall be efficiently designed, or modified if necessary, to include proper distribution uniformity, matched spray heads or emitters with similar precipitation rates, efficient hydrozoning, and proper spacing.
b. Site shall include at least 1,500 square-feet of automatically irrigated Landscaping.
c. Property owner agrees to release historical and future water usage data for statistical purposes.
d. Smart Controller must be installed and operational at the installation Site.
e. Lawn
removal Rebates shall require that the replacement of Lawn with low water
consumption plants and/or Synthetic Turf is permanent. Sites shall be subject to annual verification
by the District. In the event Lawn area
is reinstalled, the property owner shall be required to obtain a Water Permit
for the added Landscaping and shall pay a surcharge equal to the Rebate for the
reinstalled Lawn.
E.
APPLICATION
1. A completed application for Rebate shall include the name and address of the Applicant, property owner’s name, telephone numbers, address of property where the fixture and/or Qualifying Device is being installed, Assessor’s Parcel Number, water company account number, date of retrofit, brand and model of toilet or other appliance installed, name of installer and receipt for the purchase of the appliance. The application shall also request information about how the applicant learned of the Rebate program.
2.
Applications for Rebate for installation of an
Ultra-Low Flush Toilet shall include a receipt for installation costs and any
parts associated with installation of an Ultra-Low Flush Toilet if these items
fall within the $100 maximum Rebate for Ultra-Low Flush Toilets shall
include an original receipt.
3. Written authorization of the current property owner shall be required for Applicants who are not the owners of the property for which a Rebate is requested. The authorization must indicate the property owner’s consent to the Applicant receiving a Rebate for installation of the Qualifying Devices. Applications submitted without owner approval will be denied.
F.
PROCESS
1. Upon receipt of an application, the District shall verify completion and accuracy of information and shall verify the purchase of the Qualifying Device(s) by reviewing the purchase receipt(s).
2. The District shall search its records for previous retrofit requirements. If no match is found, a Rebate shall be processed if funds are available in the Rebate Account. In the event that funds are not available, the application will be kept on file pending augmentation of the Rebate Account.
3. Information contained on the application will be added to the District’s records for future use in assessing water savings achieved through the Rebate Program.
4. When funds are available in the District’s Rebate Account, a Rebate check will be processed and mailed to the Applicant.
Section Six: Publication and Application
The provisions of this ordinance shall cause the amendment and republication of Rule 11 and Rule 141 to the permanent Rules and Regulations of the Monterey Peninsula Water Management District.
Section Seven: Effective Date
This ordinance shall be given effect at 12:01 a.m. on December 1, 2009.
Section Eight: Sunset
This ordinance shall not have a sunset date.
Section Nine: 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 _____________, 2009, 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 ____________, 2009.
Witness my hand and seal of the Board of Directors this ____ day of _________, 2009.
________________________________
Darby W. Fuerst, Secretary to the Board
U:\staff\word\committees\waterdemand\2009\20090914\02\item2_exh2a.doc
[I1]This amount will be the cost of water supplied by California American Water