EXHIBIT 1-A
DRAFT
ORDINANCE NO. 161
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
MONTEREY PENINSULA
WATER MANAGEMENT DISTRICT
AMENDING RULE 23-A-1-i
REGARDING SUB-METERING
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.
Rule 23 requires Water Measuring Devices maintained by the
Water Distribution System Operator for each User. However, a project utilizing
a Water Credit that results in one or more new Users (each residence,
commercial enterprise, or industrial enterprise shall be deemed a separate and
distinct User) does not increase system-wide Water Use Capacity.
4.
This ordinance authorizes the use of sub-meters to record
water consumption between an existing Connection and the water User in certain
cases where installation of individual water meters by the Water Distribution
System Operator is not possible (e.g. during a moratorium or when there are
Special Circumstances).
5.
Each project Site that utilizes a Water Credit has the
potential to change the nature of the uses on the Site and to reoccupy the
former Capacity recognized by the documented Water Credit.
6.
Sub-metering authorized by this ordinance is
limited to projects proposing to utilize Water Credits to offset new Users on a
Site that has a water Connection, when approved by the Board when there is an
Intensification in Use, or when Special
Circumstances exist.
7.
This ordinance provides conditions under which sub-metering
would be allowed.
8.
This ordinance requires that conditions be recorded on the
title of the property and that the conditions are applicable to all future
owners of the property.
9.
This ordinance requires installation of a Water Measuring
Device managed by the water purveyor at the time a moratorium is ended unless
otherwise approved by the Board of Directors at a Public Hearing.
10.
The proposed ordinance has less than significant impacts on
the environment as determined by the Initial Study.
11.
This ordinance shall amend and republish the Rules and
Regulations of the Water Management District.
NOW THEREFORE be it ordained
as follows:
ORDINANCE
Section One: Short
Title
This ordinance shall be
known as the 2014 Sub-Metering Policy Ordinance of the Monterey Peninsula
Water Management District.
Section Two: Purpose
This ordinance addresses the
use of sub-meters when installation of Water Measuring Devices by the Water
Distribution System Operator for each User is not feasible.
Section Three: Amendment
of Rule 23-A-1-i, Action on Application for a Water Permit to Connect to or
Modify an Existing Water Distribution System
Rule 23-A-1-i, Action on
Application for a Water Permit to Connect to or Modify an Existing Water
Distribution System, shall be amended as follows, with added language shown in bold
italic type face and deleted language shown in strikeout type
face.
i.
Water Measuring Devices maintained by the Water Distribution
System Operator shall be installed for each Residential and Non-Residential water
User
except as contemplated in 23-A-1-i-(4) and (5).
(1)
A Non-Residential User may extend water use to another Non-Residential
User within an existing structure unless the Remodel or Addition requires a
Water Permit for a Change of Use (as defined in Rule 11).
(2)
A Change of Use as defined in Rule 11 shall trigger the
requirement for a separate Water Measuring Device.
(3)
Users of multiple structures on a Site occupied by one
Non-Residential User may apply for a variance of this Rule.
(4)
The General Manager shall consider allow
Non-Residential variances to this Rule sub-metering
for each User when the installation of separate Water Measuring Devices
is not feasible and Water Credits are used to offset the proposed use on a Site that
has a Connection. In considering a variance, the General
Manager shall determine if another type of Water Measuring Device is
appropriate and shall make reporting of consumption a condition of approval.
Approval of a Water Permit allowing sub-metering shall require recordation of a
deed restriction on the title of the property that shall encumber current and
future Site owners to comply with the following conditions:
(a.)
Site’s owner shall have Water Measuring Devices installed for
each sub-metered User by the Water Distribution System Operator within ninety (90)
days of the conclusion of a Connection moratorium;
(b.)
Annually at the conclusion of the Water Year, and within 30
days of change in tenancy, the Site’s owner shall provide the General Manager
with individual monthly consumption for each User in a format acceptable to the
District. Information shall identify the User of the sub-meter (e.g. apartment
number or lease space number) and the number of residents in each Residential
Dwelling Unit or the type of use according to Rule 24, Table 2, for each
Non-Residential User;
(c.)
During Stages 4-7 of the Expanded Water Conservation and
Standby Rationing Plan (Regulation XV), the General Manager shall be provided
with information about the number of occupants and type of uses within the
sub-metered Dwelling Units and Uses;
(d.)
During Stages 4-7 of the Expanded Water Conservation and
Standby Rationing Plan (Regulation XV), sub-metered consumption and occupant
contact information shall be provided to the District monthly or more
frequently if requested by the General Manager;
(5)
The Board shall consider Mixed Use and Residential variances
to this Rule when the project involves an Intensification of Use
that is not offset by a Water Credit or installation of separate Water
Measuring Devices by the Water Distribution System Operator is not feasible due
to Special Circumstances. In considering a variance, the Board shall
determine if another type of Water Measuring Device is appropriate and shall
make reporting of consumption a condition of approval.
Section Four: Publication
and Application
The provisions
of this ordinance shall cause the republication and amendment of the permanent
Rules and Regulations of the Monterey Peninsula Water Management District.
This ordinance
shall take effect at 12:01 a.m. on the 30th day after it has been enacted on
second reading.
This Ordinance
shall not have a sunset date.
Section Six: Severability
If any
subdivision, paragraph, 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 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 by Director Pendergrass, and second by
Director Edwards, the foregoing ordinance is adopted upon this ___ day of _____,
2014 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 _____ 2014.
Witness my hand and seal of the Board of Directors
this ____ day of ____ 2014.
David
J. Stoldt, Secretary to the Board
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