Item-2-Exh-A

2017 CLEAN UP ORDINANCE CONCEPTS FOR DISCUSSION

RULE 11 DEFINITIONS

Amendments are shown in bold italics (bold italics) and strikethrough (strikethrough):

1. EXPANSION OF USE - “Expansion of Use” shall mean the addition of any Residential water fixture and/or increase to existing Non-Residential floor area.

2. MIXED USE – “Mixed Use” shall mean water used for domestic or other uses from any Water Distribution System or private Well where one water meter or Connection supplies both Residential and Non-Residential uses, often within the same building. Mixed Use also refers to buildings with both Residential and Non-Residential Users.

3. ON-SITE – “On-Site” shall mean located on the same Site.

The Rules have “On-Site”, on Site, and on-Site. Consistency question.

4. Permit or permit.

Should there be a definition? If so, Rule-wide capitalization will need to take place.

5. SITE - “Site” shall mean any unit of land which qualifies as a Parcel under the Subdivision Map Act, and shall include all units of land: (1) which are contiguous to any other Parcel (or are separated only by a road or easement), and (2) which have identical owners, and (3) which have an identical present use. The term “Site” shall be given the same meaning as the term “Parcel”.

Discuss “identical present use.” We have used “residential” or “non-residential.”

6. SYSTEM LIMITS – “System Limits” means the System (Pproduction Limit) and Expansion (Connection) Capacity of a Water Distribution System.

7. WATER DISTRIBUTION SYSTEM PERMIT – “Water Distribution System Permit” shall mean a written permit issued from MPWMD that authorizes creation of a Water Distribution System from one or more Sources of Supply to serve specific Parcels.

RULE 23 - ACTION ON APPLICATION FOR A WATER PERMIT TO CONNECT TO OR MODIFY A CONNECTION TO AN EXISTING WATER DISTRIBUTION SYSTEM

Amendments are shown in bold italics (bold italics) and strikethrough (strikethrough):

q. When a water fixture requiring a Water Permit by the District is installed without a Water Permit and the Applicant is unable to secure sufficient Allocation from a Jurisdiction and there is insufficient Water Credit on Site, the Applicant shall remove the fixture and return the location to its original state where there is no evidence of the unpermitted water fixture.

RULE 23-B MANDATORY CONDITIONS, ACTION ON APPLICATION FOR A WATER PERMIT TO CONNECT TO OR MODIFY AN EXISTING WATER DISTRIBUTION SYSTEM

Amendments are shown in bold italics (bold italics) and strikethrough (strikethrough):

2. Construction of a New Structure.

a. All new water use permitted by the District shall install a separate water meter to each User.

b. All Non-Residential New Structures that include irrigated landscapes of 1,000 square-feet or greater shall utilize a separate Water Meter supplied by the Water Distribution System to measure all exterior water uses.

All Residential irrigated landscapes of 5,000 square-feet or greater shall install a sub-meter to measure outdoor water use.

c. All New Structures receiving a Water Permit after January 1, 2009, shall have separate water supply lines that tee off after the Water Meter to supply fire suppression service and domestic service as demonstrated in Figure 23-1. This configurations shall facilitate installation of a Flow Restrictor in the domestic service without interfering with the fire suppression service.

d. All Water Permits requiring deed restrictions shall also include a Notice and Deed Restriction titled “Provide Public Access to Water Use Data.”

RULE 141 WATER CONSERVATION REBATES

Amendments are shown in bold italics (bold italics) and strikethrough (strikethrough):

· Ice Machines need to come off the rebate list. They were required as of January 1, 2014.

· Should we allow a rebate for a second washer? Discussion: Person received a rebate ten years ago for water efficient clothes washer. The washer now needs to be replaced. Applicant purchases a current model of a high efficiency washer and requests a rebate. Today’s washer purchased is far more efficient than the original. Should the applicant qualify for a rebate to encourage replacement of older washers with high efficiency models? If not, the applicant might be inclined to purchase a less expensive and less efficient model.

· Should we add a rebate for multi-family residential meter splits? Discussion: Individual metering is highly encouraged to encourage conserved water by making each water user accountable for their consumption. Separate metering is also a best management practice of the California Urban Water Conservation Council. Individual water meters also facilitate compliance with water use reductions during rationing periods.

Cal-Am’s recent rate structure change results in higher rates for master-metered multi-residential housing. This should be an incentive for multi-family property owners/managers to install separate water meters. However, there are somewhat significant costs associated with installing separate plumbing to meter units in multi-family complexes. Staff is proposing the Committee consider a rebate of $100 per unit to separately meter multi-family housing that has been served by a master meter. This action will encourage more master metered housing to individually meter units, thereby increasing conservation and accountability.

· Should the rebates for High Efficiency Toilets (HET) and Ultra-High Efficiency Toilets (UHET) be decreased? The current rebate for HET is $100 and the UHET rebate is $150. The cost of a UHET is ranges from $115-$150. HETs run anywhere from $90 up, depending on how “fancy” the toilet is. Staff is finding that there is not enough of an incentive for people to choose the UHET. Staff is recommending the rebates be adjusted to $75 for HET and $125 for UHET.

· Should a commercial property that changes from 1.6 gallons per flush Ultra Low Flush Toilets (ULF) to HET qualify for a rebate? Currently, Rule 143 requires replacement of ULF with HET. Because it is a requirement, the rebate is unavailable. However, if a commercial enterprise wants to reduce their water use voluntarily, shouldn’t an exemption be granted and a rebate offered to encourage replacement (and water savings)? If yes, amendments would be made to Rule 141 and Rule 143.

RULE 143 - WATER EFFICIENCY STANDARDS FOR EXISTING NON-RESIDENTIAL USES

Relocate Rule 154 to Rule 143-M. Amendments are shown in bold italics (bold italics) and strikethrough (strikethrough):

M. CONSERVATION MESSAGE REQUIREMENTS

1. All Visitor-Serving and Public and Quasi-Public Facilities shall display in visible locations in all restrooms, kitchens, and dining areas, placards or decals approved by the District promoting public awareness of the need for water conservation and/or advising the public that waste of water is prohibited.

2. The owner and/or manager of each rental property shall provide a pamphlet, brochure, or other literature to current and future tenants that list the water conservation requirements, including the Water Waste and Non-Essential Water Use regulations of the District.

3. Visitor-Serving Facilities shall promote towel and linen reuse programs by providing written notice in the rooms, whereby towels and linens are changed every three days or as requested by action of the guest.

4. Visitor-Serving Facilities shall provide written notice that drinking water is available only upon request. Notification of this requirement shall be provided on the table(s) or menu(s) of each facility. Visitor-Serving Facilities shall not provide drinking water at the table unless specifically requested.

5. Facilities utilizing Alternative Water Sources for irrigation water shall be encouraged to provide notice of the Alternative Water Supply, either by erecting a sign in compliance with local codes or by identifying the Alternative Water Supply in other venues such as in newsletters, websites, menus, etc.

RULE 144 - RETROFIT UPON CHANGE OF OWNERSHIP, USE, OR EXPANSION OF USE

Amendments are shown in bold italics (bold italics) and strikethrough (strikethrough):

~~A. MANDATORY RETROFIT UPON CHANGE OF OWNERSHIP OR USE~~

All plumbing fixtures in Existing Structures, including Residential and all Non-Residential structures, shall, at the time of Change of Ownership or Change of Use, comply with Rule 142 and Rule 143. These fixtures shall be installed and maintained, and shall not be replaced with fixtures which allow greater water use.

~~B. MANDATORY RETROFIT UPON EXPANSION OF USE~~

The addition of any toilet and/or increase in floor area of Existing Structures by twenty-five percent (25%) or greater of the existing floor area shall meet the Low Water Use Plumbing Fixtures and standards described in Rule 142 and Rule 143 for the entire facility, including retrofitting of plumbing fixtures within Existing Structures throughout the Site.

CA. PROOF OF RETROFIT UPON CHANGE OF OWNERSHIP ~~OR CHANGE OF USE~~

Before any Change of Ownership ~~or Change of Use~~ of real property within the District, the selling owner(s) or his authorized agent shall, in the form and manner specified by the District, certify compliance with the retrofit requirements of this Rule by one of the following methods:

1. Provide the District with a District-certified inspection report that provides all Site information required by the District and that verifies installation of Low Water Use Plumbing Fixtures ~~throughout the structure, as required by Regulation XIV and Regulation XV~~; or

2. Provide documentation to the District from a District-certified city or county building official that provides all Site information required by the District and that certifies installation of Low Water Use Plumbing Fixtures ~~throughout the structure, as required by Regulation XIV and Regulation XV~~; or

3. Provide owner certification that all plumbing fixtures ~~throughout the structure~~ have been retrofitted in compliance with Regulation XIV ~~and Regulation XV~~. The buyer or seller shall forward a copy of this certification, together with a dated copy of the purchase receipt for each Low Water Use Plumbing Fixture and a dated copy of the labor contract or a statement of self-installation which evidences complete installation to the District. The District may verify owner certification by an onsite inspection~~; or~~

B4. The General Manager may conditionally extend the proof of retrofit requirement of this section where the seller, or buyer~~, or tenant~~ certifies that the structure will begin to be Remodeled or modified within one hundred and ~~twenty~~ eighty (~~120~~180) days of the Change of Ownership ~~or Change of Use~~, that the structure will comply with Regulation XIV upon completion of construction, and the District shall be both contacted and allowed inspection of the property by District staff or its authorized agent upon project completion ~~within 180 days (i.e. six months) of the date of this requirement~~. Incremental extensions of 90 180 days may be allowed until completion of the Remodel or modification.

It shall be a violation of this Regulation for any buyer or seller to instruct an escrow agent to close escrow for any sale of property in the District that does not comply with Subdivision D of this Rule.

This Subdivision D shall not impose any affirmative or discretionary duty upon an escrow agent, acting in the capacity of escrow officer. Nothing in this Rule shall be construed, either expressly or by implication, to provide for a criminal proceeding or create a civil liability against a title insuror or an underwritten title company, as defined in the California Insurance Code, or their officers, directors, or employees, by reason of an alleged violation of this Rule by a party or parties to an escrow at such a corporation.

C. It shall be a violation of this Regulation for any buyer or seller to instruct an escrow agent to close escrow for any sale of property in the District that does not comply with Subdivision D of this Rule.

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