File #: ORD 22-029    Name: Desalination Ordinance Public Hearing
Type: Ordinance Status: Passed
File created: 6/13/2022 In control: Board of Supervisors
On agenda: 6/21/2022 Final action: 6/21/2022
Title: REF220006 DESALINIZATION TREATMENT FACILITY a. Find that an ordinance amending Chapter 10.72 of the Monterey County Code to remove the prohibition on private ownership or operation of a desalinization facility would not have a significant effect on the environment and adopt a Negative Declaration; and b. Adopt an ordinance amending Chapter 10.72 of the Monterey County Code to remove the prohibition on private ownership or operation of a desalinization facility.
Attachments: 1. Board Report, 2. Attachment A - Draft ordinance (redline), 3. Attachment B - Draft ordinance (clean-signed), 4. Attachment C - Environmental Analysis (Initial Study and Draft Negative Declaration), 5. Attachment D - Ag Land Trust Letter dated April 6, 2022, 6. Attachment E - Ms. Coppernoll email dated April 6, 2022, 7. Attachment F - Response to Comments on Environmental Analysis, 8. Item 23 PowerPoint, 9. Completed Board Order Item No. 23, 10. Ordinance No. 5378
Title
REF220006 DESALINIZATION TREATMENT FACILITY
a. Find that an ordinance amending Chapter 10.72 of the Monterey County Code to remove the prohibition on private ownership or operation of a desalinization facility would not have a significant effect on the environment and adopt a Negative Declaration; and
b. Adopt an ordinance amending Chapter 10.72 of the Monterey County Code to remove the prohibition on private ownership or operation of a desalinization facility.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Find that an ordinance amending Chapter 10.72 of the Monterey County Code to remove the prohibition on private ownership or operation of a desalinization facility would not have a significant effect on the environment and adopt a Negative Declaration; and
b. Adopt an ordinance amending Chapter 10.72 of the Monterey County Code to remove the prohibition on private ownership or operation of a desalinization facility.

SUMMARY/DISCUSSION:
Chapter 10.72 of the Monterey County Code addresses the construction, ownership and operation of a desalinization treatment facility. Chapter 10.72 outlines the requirements for obtaining permits to construct and operate water desalinization treatment facilities within Monterey County. Chapter 10.72 defines a desalinization treatment facility as "a facility which removes or reduces salts from water to a level that meets drinking water standards and/or irrigation purposes." Chapter 10.72 requires that any public or private person or entity seeking to construct or operate a desalinization facility obtain both a construction permit and an operation permit. Section 10.72.030(B) requires that an applicant for a permit to operate a desalinization facility "provide assurances that each facility will be owned and operated by a public entity," thus prohibiting the ownership or operation of such a facility by private interests, unless the prohibition is preempted by federal or state law or regulation...

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