WATER DEMAND COMMITTEE
ITEM:		ACTION ITEM
3.	DISCUSS CONTENTS OF ORDINANCE AMENDING THE DISTRICT’S STANDARD FOR WATER EFFICIENT TOILETS
Meeting Date:			February 22, 2012	Budgeted:	N/A
From:			David J. Stoldt,	Program/
			General Manager	Line Item No.: N/A
Prepared By:			Stephanie Pintar	Cost Estimate:	N/A
General Counsel Approval: N/A
Committee Recommendation: N/A
CEQA Compliance: N/A

SUMMARY: In 2009, the District completed a major revision of its conservation requirements and standards. Staff is presently drafting an ordinance to address some clean-ups needed in the current Rules and Regulations, including a change in its toilet water use standard. The various amendments are discussed in this staff report. The most significant amendment changes the District’s toilet standard from Ultra-Low Flush (ULF) 1.6 gallons-per-flush to the High Efficiency Toilet (HET) that consumes 1.28 gallons per flush, on average. The Water Demand Committee supported this change at its September 2011 meeting and directed staff to proceed with preparation of the ordinance.

DISCUSSION: HET is the new California standard and is being phased in until 2014, when it fully replaces ULF. Meanwhile, nearly all toilets currently available in California meet the HET standard and the District is behind on an opportunity to increase the water savings in its conservation program. Requiring HET where ULF Toilets are currently required is timely. Since the Cease and Desist Order has been finalized and the Peninsula’s water use is slowly closing in on the regulatory limits, additional conservation is necessary to achieve continued regulatory compliance.

The primary amendment to the rules contemplated for this ordinance would eliminate the water credit (or potential Rebate) for installation of HET during new construction/remodel. A water credit allows the increment of water saved to be reused to offset the demand associated with added water fixtures. However, as a compromise, a value of one fixture unit is proposed for the Ultra HET[1], which will result in a credit of 0.3 fixture unit on Table 4, High Efficiency Appliance Credits (Exhibit 3-A). This change in standard will affect Rules 24, 25.5, and 142.

In addition to the establishment of HET as the District’s toilet standard, staff has identified several other items that need to be addressed by this ordinance. Staff is seeking committee support to include the following rule amendments in the ordinance:

1. Add a definition for multiple Showerheads as being “more than two Showerheads in a Shower, Single Stall, or in a Shower System.” Additional discussion is needed regarding whether a single hand-held showerhead on a diverter that is attached to the pipe between the wall and the Showerhead should be counted. This question arises due to the requirement in Rule 142 for timers on multiple Showerheads;

2. Amend definitions for Utility Sink as follows to eliminate confusion related to a requirement for a separate meter for multiple Users:

UTILITY SINK - “Utility Sink” shall mean a water basin with a utilitarian use that is approximately 18” deep. A water basin connected to a Dishwasher or containing a garbage disposal shall not be a “Utility Sink,” but instead shall be a “ Kitchen Sink.”

3. Amend Table 4 to reflect the change from HET to UHET and to clarify credit for Instant-Access Hot Water Systems. See Exhibit 3-B for proposed edits.

4. Amend Rule 24-B-1-c as follows to correct an oversight during the adoption of Ordinance No. 144. This edit makes the calculation of outdoor water use for Non-Residential New Construction consistent with the Residential calculation:

For New Construction on Vacant Lots, the General Manager shall add the quantity of water determined to be the exterior water demand based on the MAWA ETWU to the total Estimated Annual Water Use Capacity determined in 24-B-1-a2.

5. Amend Rule 90 to allow only prospective variances to the Rules.

6. Amend Rule 142 to specify that Showerheads, Rain Bars, or Body Spray Nozzles shall be installed that is manufactured to emit a maximum of 2.0 gallons per minute of water. The current language uses “designed.” Staff has experienced one Showerhead that was designed for a range of flow rates and adjustable from 2.5 to 0.5 gallon per minute.

7. Reduce the standard for Urinals from 0.5-1.0 gallon per flush to 0.5 gallon or less per flush, consistent with Best Management Practices. The current federal standard is 1.0 gallon per flush. WaterSense certifies half-gallon and several pint urinals;

8. Consider amending Showerhead flow rate (Rule 143) for existing Non-Residential uses from 2.5 gallons per minute to at most 2.0 gallons per minute. Best Management Practices should be 1.5 gallons per minute.

RECOMMENDATION: The committee should discuss the proposed amendments provide direction. Staff will then proceed with drafting an ordinance for California Environmental Quality Act (CEQA) review and will discuss the proposed changes with the Monterey County Association of Realtors prior to final review by the Water Demand Committee and the Technical Advisory Committee. It is anticipated that this ordinance will be ready for Board review by the April 2012 meeting.

EXHIBITS

3-A Current Rule 25.5, Table 4, High Efficiency Appliance Credits

3-B Proposed Amendments to Rule 25.5, Table 4, High Efficiency Appliance Credits

U:\staff\Board_Committees\WaterDemand\2012\20120222\03\item3.docx

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[1] An Ultra High Efficiency Toilet is a toilet designed to flush with less than 1.0 gallon of water and that is labeled by the U.S. EPA WaterSense program.