Title
Receive a preliminary analysis report in response to Board Referral No. 2021.13 seeking an amendment to County Code Chapter 10.72 to expand the types of entities that can obtain a County permit to own and operate desalination facilities.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Receive a preliminary analysis report in response to Board Referral No. 2021.13 and direct that staff:
1) Proceed with completion of referral based on description in this report; or,
2) Remove from consent and:
i. Proceed with completion of referral based on modifications by the Board; or,
ii. Return to Board with a more comprehensive analysis of referral and anticipated effort for completion; or,
iii. Rescind referral.
b. Provide further direction, as appropriate.
PRELIMINARY ANALYSIS:
Referral Summary & Background:
Board Referral No. 2021.13 assigned on July 27, 2021 requests that Monterey County Code Chapter 10.72 be evaluated for amendment to expand the types of entities who would be allowed to obtain a County desalinization permit. Environmental Health's interpretation of this referral is to identify options for consideration by the Board of Supervisors to establish additional potable water supply sources through desalination facilities.
Chapter 10.72 requires County permits to construct and operate a "desalinization facility." Applicants for the desalinization operations permit are required to "provide assurances that each facility will be owned and operated by a public entity." This requirement was reviewed in 2018 in response to Board Referral 2018.09 which requested staff recommendations for amending Chapter 10.72. The Board Referral requested staff to evaluate if the public entity requirement could be expanded to include desalination facilities that operate under a public-private partnership model, while meeting all other requirements of Chapter 10.72.
On May 15, 2018, staff presented to the Board its findings and recommend...
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