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HomeMy WebLinkAbout1992-01-07; Municipal Water District; 142; Installation of Ultra-Low Flush ToiletsCARLSBAD M’4ICIPAL WATER DISTRICT - TENDA BILL “(4’ “’ C g Report on Installation of Ultra-Low Flush Toilets in all Real Estate Resales --. -. I I IECOMMENDED ACTION: Receive Water Commission recommendation and take appropriate action on the issue of requiring ultra-low-flush toilets to be installed in all real estate resales ITEM EXPLANATION At the City Council meeting of August 20, action was taken to require the installation of ultra- low-flush-toilets (ULFTs) in all newly constructed structures and remodels. In addition, staff was directed to investigate and receive a recommendation from the Water Commission on the feasibility of requiring the installation of ULFTs in all real estate resales. The purpose of this agenda item is to summarize the efforts and experiences of various state and local agencies on this topic and to determine if and how such a program could be implemented in Carlsbad. Staff has expanded the analysis to include the installation of low flow showerheads, faucet aerators and automatic shut off valves on reverse osmosis water softening devices. In researching this topic it became evident that there is not a tremendous amount of data on this topic. There are only four agencies throughout the state that have any experience with a program such as this. Following is a summary of the findings. 1. 2. City of San Diego - As part of its efforts to reduce water consumption as well as sewer flows, San Diego has approved a retrofit program. Public hearings have been held with the strongest opposition coming from real estate brokers and related industries. The documents have been redrafted by staff and resulted in approval by the San Diego City Council on November 25, 1991. The ordinance is effective January 1, 1992. Under San Diego’s program, any sale, change of ownership or use must perform the retrofit. Bathroom alterations and remodels are also included. A Water Conservation Retrofit Certificate must be completed and filed with the Building Inspection Department with a $10 processing fee. Noncompliance results in an infraction with a maximum fine of $250 plus required compliance with the ordinance. Monterey Peninsula Water Management District - The retrofit program was implemented in January 1990, as a water conservation tool. The action taken in Monterey applies to all residential, commercial and industrial developments. Before the transfer of title for any change of ownership, the selling owner shall certify that a City building official, or a qualified inspector from an approved list, has verified that all water conserving fixtures have been installed in the structure. If no certification has been completed, the General Manager will file a notice of violation with the County recorder. Any persons that ultimately do not comply will be charged with a misdemeanor. The penalty for such an infraction is $250 for each offense. C The only other two agencies possessing experience with ULFT installations, High Desert and the City of Santa Monica, have similar programs. However, legislation has been created by State Senator Lucy Killea’s office that would address this issue and develop procedures statewide. Senator Killea’s bill (SB 1224) would require the seller to deliver to the buyer prior to transfer of title, a written statement that the conservation devices as specified are installed in compliance with state law. The statement would have to be included in the real estate transfer disclosure form or attached as an addendum. A transferor who fails to comply is liable to the transferee in the amount of $500 for each water closet (toilet) and $50 for each showerhead and other fixture, or the transferee’s actual cost to comply, whichever is greater. Proponents of this proposed legislation argue that for a pre-1980 single family home, the savings estimate for the replaced fixtures and appliances required by this bill range from 13,500 to 21,000 gallons per year. According to preliminary estimates made by the Department of Water Resources (DWR), by the year 2010, statewide water savings would be at least 410,000 acre feet per year based on toilet replacement alone. This savings would provide enough water for about 2.5 million people annually. Opponents argue that using transfer of title as the trigger mechanism for this bill will have a detrimental affect on housing sales by increasing the amount of closing costs due to the retrofit requirements. They contend that even an additional $500 in closing costs would prevent many low and moderate income households from buying a house. Further, they state that different types of buildings can best conserve water in different ways and the retrofit required by this bill may not be the most effective method of conservation. The bill has been pulled at this time by the request of Senator Killea. Resurrection of the legislation is expected to occur later in this session. The impact on water conservation in Carlsbad is difficult to estimate on this type of program. The real estate market and home resales is subject to wide variations. However, in September of 1991, there were 45 homes sold in Carlsbad. Assuming all of those are in the District, water savings from the initiation of this type of program is approximately 72,000 gallons per month. District customers consume approximately 515,000,OOO gallons per month. Assuming a $200 installation charge for each fixture, the water saved would cost approximately $.25 per gallon. The current retail charge per gallon is $.0015. The biggest drawback from implementing such a program at this time would be the need for additional staffing. The examples of the agencies that are currently implementing this program show that there is a dramatic impact on the staffs of both the water agency and the building inspection departments. In addition, the local availability of the fixtures, at a level that would be required under this type of program is questionable. If such a program was implemented now, the additional demand would deplete the supply significantly. The availability of fixtures could become an issue if the program was initiated soon. There also may be a need for custom fixtures in unique configurations or colors that may not be available at all at this time. However, the supply of ULFTs, style of fixtures and availability of various colors is expected to improve in the future. The Water Commission reviewed this issue and concluded that our water conservation goals can be achieved most efficiently and cost effectively with the Killea legislation. Staff is to monitor the progress of the legislation during early ‘92, and report back to the Commission at a later date. FISCAL IMPACT If such a program were to be implemented, it is estimated to cost the District an additional $20,000 per year in staff time. In addition, the Building Department would be impacted. The full extent of the effect on the Building Department would be dependent upon the specifics of the program that was developed.