Title
Consider providing direction regarding amendments to or recission of Chapter 10.72 of the Monterey County Code regarding "Desalinization Treatment Facility."
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors consider providing direction regarding amendments to or recission of Chapter 10.72 of the Monterey County Code regarding "Desalinization Treatment Facility."
SUMMARY/DISCUSSION:
Chapter 10.72 of the Monterey County Code sets forth specific requirements to build and operate a desalinization/desalination facility in Monterey County. By referral 2021.13, Supervisor Phillips sought to amend the Chapter in order to provide opportunity for public-private partnerships or other private entities to bring needed desalinization facilities to the County and augment the water supply. During further Board discussion on the referral, Supervisor Phillips requested staff and the Board consider repeal of the ordinance to allow a broader range of entities the opportunity to engage in desalination. Staff was directed to return on September 21, 2021, with either an ordinance rescinding the Chapter or further information regarding options if environmental review was necessary.
The County Counsel has conferred with the staff of the Environmental Health Bureau. It is clear that the State of California has a fairly comprehensive regulatory scheme for desalination facilities set forth in the current Ocean Plan - Water Quality Control Plan for Ocean Waters of California. Relevant pages from the Plan are enclosed as Attachment A. In addition, numerous state and federal regulatory agencies and entered into a cooperative Memorandum of Agreement ("MOA") addressing the proper siting of such facilities. A copy of that MOU is enclosed as Attachment B. Finally, the State Water Board has adopted a "Desalination Planning Handbook," the cover and table of contents of which are enclosed as Attachment C. Nevertheless, it is currently not clear whether a who...
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