EXHIBIT
2-A
Draft for Water Demand Committee
ORDINANCE NO. 151
An Ordinance of the Board of
Directors
of the
Monterey Peninsula Water
Management District
Amending Definitions,
Implementing High Efficiency
Toilets as the District’s Standard, establishing a Fixture Unit Value for Ultra
High Efficiency Toilets, Clarifying Credit for Instant-Access Hot Water Systems
and Variance Application Timing, Amending the District’s Water Efficiency
Standards Extending Implementation of Mandatory Non-Residential Retrofits and
Clarifying and Amending Landscape Water Audit Requirements
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 Monterey Peninsula area.
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 Monterey Peninsula following voter rejection of District financing for the New Los Padres Water Supply Project in November 1995.
4. California State Water Resource Control Board (SWRCB) Order No. WR 95-10, issued in July 1995, ruled that California American Water did not have a legal right to take approximately 69 percent of the w ater supplied to California American Water users at that time. The SWRCB has set specific goals to reduce water diversions from the Carmel River Basin.
5. Under SWRCB Order No. WR 95-10, California American Water was ordered to reduce its historical diversion from the Carmel River Basin by 20 percent beginning with Water Year 1997 and in each subsequent year. Further cutbacks were ordered beginning in 2010.
6. California American Water v. City of Seaside, et al, Case No. M66343, resulted in a decision which determined the initial Operating Safe Yield for the Seaside Basin is 5,600 Acre-Feet (Coastal Subarea is 4,611 Acre-Feet and 989 Acre-Feet for the Laguna Seca Subarea). “Operating Safe Yield” is the maximum amount of Groundwater resulting from Natural Replenishment which can be produced from each Subarea for a finite period of years as these terms are defined in the decision. Water conservation is a component to achieving Operating Safe Yield and will require reductions in use in the future.
7. Retrofitting of properties located in the Monterey Peninsula Water Resource System benefits the Monterey Peninsula by reducing over-pumping of Groundwater that leads to environmental degradation.
8. Retrofitting of properties receiving water from the Seaside Groundwater Basin benefits the Monterey Peninsula by reducing over-pumping of Groundwater that leads to environmental degradation.
NOTE: FINDINGS ARE BEING DRAFTED AND WILL BE ADDED PRIOR TO FIRST READING
NOW THEREFORE be it ordained as follows:
ORDINANCE
Section One: Short Title
This
ordinance shall be known as the 2012 Conservation
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 implement
High Efficiency Toilets as the District’s toilet standard, establish a Fixture
Unit Value for Ultra High Efficiency Toilets, amend criteria for landscape
audits, amend several definitions, and amend the timing for application for variance.
Section Three: Definitions
Unless the context specifically indicates otherwise, the following word shall be given the definition set forth below and shall be permanently added to Rule 11, Definitions, of the Rules and Regulations of the District.
ALTERNATIVE WATER SOURCES – “Alternative Water
Sources” shall mean sources of Sub-potable Water (e.g., Recycled Water, rainwater,
stormwater, Graywater, process water, condensate water, blow-down water,
groundwater, etc.).
OPEN SPACE – “Open Space” shall mean land area left in
an un-built state as defined in the California Government Code, Section 65560.
Open Space includes plazas, parks, and cemeteries.
RECYCLED WATER – “Recycled Water”
shall mean water that originates from a Sub-potable
Source of Supply such as wastewater
treated to the tertiary level. or captured rainwater
SHOWERHEAD - “Showerhead” shall
mean a fixture in which water is sprayed or flows on the bather in fine
streams from a Showerhead, usually secured overhead.
SHOWER, EACH ADDITIONAL FIXTURE -
“Shower, Each Additional Fixture” shall mean the second and any additional
Showerhead, Rain Bar, or Body Spray Nozzles, that operate on a single valve, installed
above a bathtub or in a Shower, Separate Stall with the exception of one
hand-held Showerhead that operates on a diverter that shifts 100 percent of the
flow from one Showerhead to another.
ULTRA HIGH EFFICIENCY TOILET –
“Ultra High Efficiency Toilet” shall mean a toilet
that is manufactured and designed to flush with less than 1.0 a
maximum of 0.8 gallon of water and that is labeled by the U.S. Environmental
Protection Agency’s WaterSense program. An Ultra High Efficiency Toilet
shall have a maximum average flush of less than 1.0 gallon.
URINAL - “Urinal” shall
mean a fixture, typically attached upright to a wall, used by men for urinating. Urinal shall refer to both the bowl and the
valve.
Section
XX: Amendment of Rule 24, Table
1: Residential Fixture Unit Count
Rule 24, Table 1,
Residential Fixture Unit Count, shall be amended as shown in bold italics (bold
italics) and strikethrough (strikethrough).
|
|
Water Fixture
Description |
Fixture Unit Value |
|
1 |
Washbasin (lavatory sink), each |
1 |
|
2 |
Two Washbasins in the Master Bathroom |
1 |
|
|
|
|
|
|
Toilet, High Efficiency (HET) (1.3 gallons
maximum) |
1.3 |
|
4 |
Toilet, Ultra High Efficiency (UHET) (0.8
gallon maximum) |
1 |
|
5 |
|
|
|
6 |
Urinal, High Efficiency (0.5 gallon-per-flush) |
0.5 |
|
7 |
Urinal, Zero Water Consumption |
0 |
|
8 |
Bathtub, (may be Large with Showerhead
above) & Separate Shower in the Master Bathroom |
3 |
|
9 |
Bathtub, Large (may have Showerhead above) |
3 |
|
10 |
Bathtub, Standard (may have Showerhead above) |
2 |
|
11 |
Shower, Separate Stall (one Showerhead) |
2 |
|
12 |
Shower, each additional fixture (including
additional Showerheads, Body Spray Nozzles, etc.) |
2 |
|
13 |
Shower System, Rain Bars, or Custom Shower
(varies according to specifications) |
2 |
|
14 |
Kitchen Sink
(including optional adjacent Dishwasher) |
2 |
|
15 |
Kitchen Sink with adjacent High Efficiency
Dishwasher (5.8 gallons maximum per cycle) |
1.5 |
|
16 |
Dishwasher, each additional (including
optional adjacent sink) |
2 |
|
17 |
Dishwasher, High Efficiency, each additional
(including optional adjacent sink) [5.8 gallons maximum per cycle] |
1.5 |
|
18 |
Laundry
Sink/Utility Sink (debit/Connection Charge applies to only one
Laundry/Utility Sink per Residential Site) |
2 |
|
19 |
Clothes Washer |
2 |
|
20 |
Clothes Washer, High Efficiency (HEW) (Water
Factor of 5.0 or less) |
1 |
|
21 |
Bidet |
2 |
|
22 |
Bar Sink |
1 |
|
23 |
Entertainment Sink |
1 |
|
24 |
Vegetable Sink |
1 |
|
25 |
Swimming Pool (each 100 square-feet of pool
surface area) |
1 |
|
26 |
For all new Connections -- Refer to Rule
24-A-5, Exterior Residential Water Demand Calculations. |
|
Section
XX: Amendment of Rule 24-B-1-c
Rule 24-B-1-c,
shall be amended as shown in bold italics (bold italics) and strikethrough
(strikethrough).
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.
Section
XX: Amendment of Rule 25.5,
Table 4: High Efficiency Appliance Credits
Rule 25.5, Table
4, High Efficiency Appliance Credits, shall be amended as shown in bold italics
(bold italics) and strikethrough (strikethrough).
TABLE 4: HIGH EFFICIENCY APPLIANCE CREDITS
|
Appliance |
Description |
Water Use Credit in Acre-Feet |
|
|
Ultra
High Efficiency Toilet |
A toilet manufactured and designed to |
0.004 AFA |
|
|
Instant-Access
Hot Water System |
A
recirculating hot water system or other device that results in hot water
contact at every point of access throughout the . |
0.005 AFA |
|
|
High
Efficiency Dishwasher |
A
dishwasher designed to use a maximum of 5.8 gallons per cycle. A High
Efficiency Dishwasher shall have Energy Star certification. |
0.005 AFA |
|
|
High
Efficiency Clothes Washer |
A |
0.010 AFA |
|
Section
XX: Amendment of Rule 90,
Variance
Rule 90,
Variance, shall be amended as shown in bold italics (bold italics)
and strikethrough (strikethrough).
A
variance must be requested prior to or within 90 days after any District
action. The Board may, after
holding a public hearing, in specific cases, grant a variance from any
provision of the standards incorporated into these Rules and Regulations
whenever it finds: (a) that Special Circumstances exist in a particular case,
and (b) that practical difficulties or Undue Hardship would result from the
strict interpretation and enforcement of any such standard, and (c) that the
granting of such a variance would not tend to defeat the purposes of these
Rules and Regulations. The Board may place conditions upon such variances. Each
application for variance concerning Regulation X, Rules 100-104, and concerning
Rule 171 shall be processed pursuant to the provisions of Rule 92.
Upon hearing the variance, the Board shall also have the discretion in unusual matters to reduce and rebate in full or in part the fee for appeal otherwise set by Rule 60.
Section
XX: Amendment of Rule 142 – Water
Efficiency Standards
1.
Rule 142-C-1, Residential Water Efficiency Standards
for New Structures, Rule 142-D-1, Non-Residential Water Efficiency Standards
for New Structures, and Rule 142-E-1, Residential and Non-Residential Change
of Ownership, Change of Use, and Expansion of Use Water Efficiency Standards shall
be amended as shown in bold italics (bold italics) and strikethrough
(strikethrough).
Ultra-Low Flush High Efficiency Toilets
shall be installed;
2.
Rule 142-D-6, Non-Residential Water Efficiency
Standards for New Structures shall be amended as shown in bold italics (bold
italics) and strikethrough (strikethrough).
Public lavatory faucets shall emit a maximum of 0.5 gallon of water per minute at 60 psi. Private Lavatory Sinks (e.g., hotel or motel guest rooms and hospital patient rooms) shall emit a maximum of 2.2 gallons of water per minute at 60 psi;
3.
Rule 142-E-2, Residential and Non-Residential Change of
Ownership, Change of Use, and Expansion of Use Water Efficiency Standards, shall
be amended as shown in bold italics (bold italics) and strikethrough
(strikethrough).
Urinals shall be
High
Efficiency Urinals or lower flush Urinals shall be installed if there is a
Urinal designed to use a maximum of one (1) gallon per flush.
Zero Water Consumption Urinals shall be encouraged in settings where there is a
regular maintenance staff;
4.
Rule 142-C-3, Residential Water Efficiency Standards
for New Structures, and Rule 142-D-3, Non-Residential Water Efficiency
Standards for New Structures, shall be amended as shown in bold italics (bold
italics) and strikethrough (strikethrough).
Showerheads, Rain Bars, or Body Spray Nozzles shall be
installed that were manufactured and designed to emit a maximum of 2.0 gallons per
minute of water;
5.
Rule 142-D-3, Non-Residential Water Efficiency
Standards for New Structures, shall be amended as shown in bold italics (bold
italics) and strikethrough (strikethrough).
21.
The use of Alternative Water Sources for indoor toilet flushing and
other uses allowed by the Jurisdiction shall be encouraged.
Section
XX: Amendment of Rule 143 – Water
Efficiency Standards for Existing Non-Residential Uses
1.
Rule 143-A, Water Efficiency Standards for Existing
Non-Residential Uses, shall be amended as shown in
bold italics (bold italics) and strikethrough (strikethrough).
All Non-Residential Water Users within the
District shall maintain Showerheads with a maximum flow capacity of 2.5 2.0 gallons
per minute. Public Lavatory Sinks
shall emit a maximum of 0.5 gallon of water per minute at 60 psi; Public
Lavatory Sinks equipped with automatic shut off devices or sensor faucets shall
operate with a maximum flow of 0.25 gallons per cycle; Private Lavatory Sinks
(e.g., hotel or motel
guest rooms and hospital patient rooms) shall emit a maximum of 2.2 gallons of water per minute at 60
psi. All other sinks shall be restricted
to flow at a maximum of 2.2 gallons per minute at 60 psi, and
Washbasin faucets with aerators which limit the flow rate to a maximum of 2.5
gallons per minute, unless subject to more restrictive requirements by another
agency or Jurisdiction.
2.
Rule 143-C, Water Efficiency Standards for Existing
Non-Residential Uses, shall be amended as shown in
bold italics (bold italics) and strikethrough (strikethrough).
Replacement of toilets after January 1, 20143 shall be with High Efficiency
Toilets.
3.
Rule 143-D, Water Efficiency Standards for Existing
Non-Residential Uses, shall be amended as shown in
bold italics (bold italics) and strikethrough (strikethrough).
All Visitor-Serving Facilities shall, by July
1, 2013December 31, 2012, be retrofitted exclusively with High
Efficiency Urinals, High Efficiency Clothes Washers, and Water Efficient Ice Machines.
There shall be an exception to this Rule when the Clothes Washer meets Energy
Star specifications and was purchased and installed between January 1, 2007 and
January 1, 2010: These appliances must comply with this provision by January 1,
2020.
4.
Rule 143-E, Water Efficiency Standards for Existing
Non-Residential Uses, shall be amended as shown in
bold italics (bold italics) and strikethrough (strikethrough).
All Non-Residential structures shall be retrofitted
exclusively with High Efficiency Toilets by July 1, 2013December
31, 2012, except as provided by Rule 146 (Discretionary Exemptions).
5.
Rule 143-F, Water Efficiency Standards for Existing
Non-Residential Uses, shall be amended as shown in
bold italics (bold italics) and strikethrough (strikethrough).
All Non-Residential Clothes Washers shall meet the
definition of High Efficiency Clothes Washer rated with a Water Factor of 5.0
or below by July 1, 2013December 31, 2012. There shall be an exception to this Rule when
the existing appliance was purchased between January 1, 2006, and January 1,
2010, and rates a Water Factor of 5.1-6.0: These appliances must comply with
this provision by January 1, 2020.
6.
Rule 143-G, Water Efficiency Standards for Existing
Non-Residential Uses, shall be amended as shown in
bold italics (bold italics) and strikethrough (strikethrough).
Non-Residential Car Washes. By July 1, 2013December
31, 2012, all Non-Residential car wash facilities shall recycle and reuse a
minimum of 50 percent of the water used in the wash and rinse cycles.
Section
XX: Amendment of Rule 161 – Stage
1 Water Conservation
Rule 161-D shall
be amended as shown in bold italics (bold italics) and strikethrough
(strikethrough).
California American Water, in coordination with the
District, shall conduct Landscape Water Audits and establish Landscape Water
Budgets for all Water Users subject to Rule 172. By November 1st of each year,
California American Water shall review its consumption records for the previous
Water Year to identify Water Users required by Rule 172 to have a Landscape
Water Budget. Water Users that are required to obtain a Landscape Water Audit
and Landscape Water Budget shall be notified by California American Water of
this requirement by December 1.
Section
XX: Amendment of Rule 172 – Landscape
Water Audits
1.
Rule 172-B shall be amended as shown in bold italics (bold
italics) and strikethrough (strikethrough).
Landscape Water Audits and Landscape Water Budgets shall be
offered by the District and/or California American Water or their agent free of charge to all
Water Users of California American Water with Dedicated Irrigation Meters, large
irrigated areas over three acres, irrigated Open Space, and Large
Residential Water Users. Landscape Water
Audits and Landscape Water Budgets shall be required for new Dedicated
Irrigation Meters and shall be based on a Water Budget determined by the Estimated
Applied Water Use as determined by a Landscape and Irrigation System plan
at the time the meter is installed.
California American Water shall review its Residential customer
consumption records at the completion of every Water Year to identify all
Residential Users that consumed an average of 320 units per month during the prior Water
Year. Using this information, California
American Water shall identify the Users that require a Landscape Water Audit
and Landscape Water Budget and that do not have a Water Budget on file at MPWMD
and California American Water. Newly
identified Users shall be notified by California American Water that they are
required to obtain a Landscape Water Audit and Landscape Water Budget. Once notified of the requirement to obtain a
Landscape Water Audit and Landscape Water Budget, a User must arrange to
complete the audit process within sixty (60) days. Existing customers subject to this Rule shall
be given annual notice by California American Water to report any changes to
the Landscaping or Irrigation Systems.
Significant changes shall necessitate a follow-up audit.
1. California American Water Users
shall be required to obtain Landscape Water Audits and establish Landscape
Water Budgets if the property:
a. Has a Dedicated Irrigation Meter; or
b. Is an irrigated
area of greater than three acres; or
c. Is a Large Residential Water User; or
d. Has irrigated Open
Space.
2.
Rule 172-E shall be amended as shown in bold italics (bold
italics) and strikethrough (strikethrough).
LANDSCAPE IRRIGATION RESTRICTIONS
Unless
watering is by drip irrigation or through a hand-held hose with a Positive Action Shut-Off Nozzle, the following watering schedule
shall apply:
1. Odd
Numbered Properties shall water after 5 p.m. or before 9 a.m. on Saturdays and
Wednesdays only. This schedule shall
also apply to properties located primarily facing on the South
or West side of the street in cities where no street address is available.
2. Even
Numbered Properties shall water after 5 p.m. or before 9 a.m. on Sundays and
Thursdays only. This schedule shall also
apply to properties located primarily facing on the North
or East side of the street in cities where no street address is available.
3. Sprinkler
irrigation overseen by a professional gardener or landscaper who is available
on Site may occur between 9 a.m. and 5 p.m., but shall not exceed two watering
days per week.
Section Five: Publication and Application
The provisions of this ordinance shall cause the amendment and republication of Rules 11, 24, 25.5, 90, 142, 143, 161 and 172 of the permanent Rules and Regulations of the Monterey Peninsula Water Management District.
Section Six: Effective
Date and Sunset
This ordinance shall take effect at 12:01 a.m. on July 1, 2012.
This Ordinance shall not have a sunset date.
Section Seven: 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 _________, 2012, by the following vote:
AYES:
NAYS:
ABSENT:
I, David J. Stoldt, 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 _____________, 2012.
Witness my hand and seal of the Board of Directors this ________ day of ________, 2012.
________________________________
David J. Stoldt, Secretary to the Board
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