California Legislature—2015–16 Regular Session

Assembly Bill No. 723

Introduced by Assembly Member Rendon

February 25, 2015

An act to amend Section 17921.3 of the Health and Safety Code, relating to building standards.

LEGISLATIVE COUNSEL’S DIGEST

AB 723, as introduced, Rendon. Plumbing fixtures: WaterSense standards.

Prior law, until January 1, 2014, required manufacturers selling water closets or urinals in this state to offer high-efficiency models for sale in a specified percentage of all models offered, including 50% by January 1, 2010, 67% by January 1, 2011, 75% by January 1, 2012, 85% by January 1, 2013, and 100% by January 1, 2014. It required these manufacturers, by January 30 of 2010, 2011, 2012, and 2013, to inform, in writing, the California Energy Commission of the percentage of high-efficiency models it is offering for sale that year. A violation of these requirements is a misdemeanor.

This bill would, beginning January 1, 2017, instead prohibit manufacturers selling water closets, urinals, bathroom faucets, and shower heads from installing or selling any of the aforementioned plumbing fixtures that do not meet WaterSense standards set by the federal Environmental Protection Agency, as specified. The bill would require these manufacturers, by January 30 of each year, to inform, in writing, the California Energy Commission, the department, and the California Building Standards Commission of the number of WaterSense certified models it is offering for sale that year as compared to the years 2010 to 2014, inclusive.

By changing the definition of a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 17921.3 of the Health and Safety Code
is amended to read:

17921.3.  

(a)  begin delete All water closets and urinals end delete begin insert Notwithstanding
any other law, all water closets, urinals, bathroom faucets, and
shower heads end insert installed or sold in this state shall meet performance,
testing, and labeling requirements established by the begin delete American
Society of Mechanical Engineers standard A112.19.2-2003, or
A112.19.14-2001, end delete begin insert United States Environmental Protection Agency
(EPA) WaterSense standards, end insert as applicable. No other marking and
labeling requirements shall be required by the state. All begin delete water
closets and urinals end delete begin insert water closets, urinals, bathroom faucets, and
shower heads end insert installed or sold in this state shall be listed by an
begin delete American National Standards Institute end delete begin insert EPA end insert accredited third-party
certification agency to the appropriate begin delete American Society of
Mechanical Engineers end delete begin insert WaterSense end insert standards set forth in this
subdivision. No other listing or certification requirements shall be
required by the state.

(b) (1) All water closets sold or installed in this state shall use
no more than an average of begin delete 1.6 end delete begin insert 1.28 end insert gallons per flush. On and after
January 1, begin delete 2014, end delete begin insert 2017, end insert all water closets, other than institutional
water closets, sold or installed in this state shall be high-efficiency
begin insert WaterSense certified end insert water closets.

(2) All urinals sold or installed in this state shall use no more
than an average of begin delete one end delete begin insert one-half end insert gallon per flush. On and after
January 1, begin delete 2014, end delete begin insert 2017, end insert all urinals, other than blow-out urinals,
sold or installed in this state shall be begin delete high-efficiency end delete begin insert WaterSense
certified end insert urinals.

begin delete

(3) Each manufacturer selling water closets or urinals in this
state shall have not less than the following percentage of models
offered for sale in this state of high-efficiency water closets plus
high-efficiency urinals as compared to the total number of models
of water closets plus urinals offered for sale in this state by that
manufacturer:

(A) Fifty percent in 2010.

(B) Sixty-seven percent in 2011.

(C) Seventy-five percent in 2012.

(D) Eighty-five percent in 2013.

(E) One hundred percent in 2014 and thereafter.

end delete begin insert

(3) All bathroom faucets sold or installed in this state shall use
no more than an average of 1.5 gallons per minute. On and after
January 1, 2017, all bathroom faucets, other than institutional
bathroom faucets, sold or installed in this state shall be WaterSense
certified bathroom faucets.

end insert begin insert

(4) All shower heads sold or installed in this state shall use no
more than an average of two gallons per minute. On and after
January 1, 2017, all shower heads, other than institutional shower
heads, sold or installed in this state shall be WaterSense certified
shower heads.

end insert begin delete

(4)

end delete

begin insert (c) end insert  Each manufacturer that sells water closets or urinals in this
state shall inform the State Energy Resources Conservation and
Development Commission, the department, and the California
Building Standards Commission, in writing, of the percentage of
models of high-efficiency water closets plus high-efficiency urinals
offered for sale in this state as compared to the total number of
models of water closets plus urinals offered for sale in this state
by that manufacturer for each year 2010 to 2013, inclusive, by
January 30 of that year.

begin delete

(c) Any city, county, or city and county may enact an ordinance
to allow the sale and installation of nonlow-consumption water
closets or urinals upon its determination that the unique
configuration of building drainage systems or portions of a public
sewer system within the jurisdiction, or both, requires a greater
quantity of water to flush the system in a manner consistent with
public health. At the request of a public agency providing sewer
services within the jurisdiction, the city, county, or city and county
shall hold a public hearing on the need for an ordinance as provided
in this subdivision. Prior to this hearing or to the enactment of the
ordinance, those agencies responsible for the provision of water
and sewer services within the jurisdiction, if other than the agency
considering adoption of the ordinance, shall be given at least 30
days’ notice of the meeting at which the ordinance may be
considered or adopted.

(d) Notwithstanding subdivision (b), on and after January 1,
1994, water closets and urinals that do not meet the standards
referenced in subdivision (b) may be sold or installed for use only
under either of the following circumstances:

(1) Installation of the water closet or urinal to comply with the
standards referenced in subdivision (b) would require modifications
to plumbing system components located beneath a finished wall
or surface.

(2) The nonlow-consumption water closets, urinals, and
flushometer valves, if any, would be installed in a home or building
that has been identified by a local, state, or federal governmental
entity as a historical site and historically accurate water closets
and urinals that comply with the flush volumes specified in
subdivision (b) are not available.

end delete begin delete

(c)

end delete

begin insert (d) end insert  (1) This section does not preempt any actions of cities,
counties, cities and counties, or districts that prescribe additional
or more restrictive conservation requirements affecting begin delete either of
the following: end delete begin insert water closets, urinals, bathroom faucets, and shower
heads. end insert

begin delete

(A) The sale, installation, or use of low-consumption water
closets, urinals, and flushometer valves that meet the standards
referenced in subdivision (a), (b), or (c).

end delete begin delete

(B) The continued use of nonlow-consumption water closets,
urinals, and flushometer valves.

end delete

(2) This section does not grant any new or additional powers to
cities, counties, cities and counties, or districts to promulgate or
establish laws, ordinances, regulations, or rules governing the sale,
installation, or use of low-consumption water closets, urinals, begin delete and
flushometer valves. end delete begin insert bathroom faucets, and shower heads. end insert

begin delete

(f)

end delete

begin insert (e) end insert  The California Building Standards Commission or the
department may, by regulation, reduce the quantity of water per
flush begin insert or flow per minute end insert required pursuant to this section if deemed
appropriate or not inconsistent in light of other standards referenced
in the most recent version of the California Plumbing Code, and
may refer to successor standards to the standards referenced in this
section if determined appropriate in light of standards referenced
in the most recent version of the California Plumbing Code.

begin delete

(g)

end delete

begin insert (f) end insert  As used in this section, the following terms have the
following meanings:

(1) “Blow-out urinal” means a urinal designed for heavy-duty
commercial applications that work on a powerful nonsiphonic
principle.

begin delete

(2) “High-efficiency water closet” means a water closet that is
either of the following:

end delete begin insert

(2) “WaterSense certified bathroom faucet” means a faucet
with a maximum flow of 1.5 gallons per minute.

end insert begin insert

(3) “WaterSense certified showerhead” means a shower head
with a maximum flow of 2 gallons per minute.

end insert begin delete

(A) A dual flush

end delete

begin insert (4) end insert begin insert   end insert begin insert A “WaterSense certified end insert water begin delete closet end delete begin insert closet” means a water
closet end insert with an effective flush volume that does not exceed 1.28
begin delete gallons, where effective flush volume is defined as the composite,
average flush volume of two reduced flushes and one full flush.
Flush volumes shall be tested in accordance with ASME A112.19.2
and ASME A112.19.14 end delete begin insert gallons end insert .

begin delete

(B) A single flush water closet where the effective flush volume
shall not exceed 1.28 gallons. The effective flush volume is the
average flush volume when tested in accordance with ASME
A112.19.2.

end delete begin delete

(3) “High-efficiency”

end delete

begin insert (5) end insert begin insert   end insert begin insert “WaterSense certified end insert begin insert end insert urinal” means a urinal that uses no
more than 0.5 gallons per flush.

begin delete

(4)

end delete

begin insert (6) end insert  “Institutional water closet” means any water closet fixture
with a design not typically found in residential or commercial
applications or that is designed for a specialized application,
including, but not limited to, wall-mounted floor-outlet water
closets, water closets used in jails or prisons, water closets used
in bariatrics applications, and child water closets used in day care
facilities.

begin delete

(5) “Nonlow-consumption flushometer valve,”
“nonlow-consumption urinal,” and “nonlow-consumption water
closet” mean devices that use more than 1.6 gallons per flush for
toilets and more than 1.0 gallons per flush for urinals.

end delete begin delete

(6)

end delete

begin insert (7) end insert  “Urinal” means a water-using urinal.

begin delete

(7) “Wall-mounted/wall-outlet water closets” means models
that are mounted on the wall and discharge to the drainage system
through the wall.

end delete begin delete

(h)

end delete

begin insert (g) end insert  For purposes of this section, all consumption values shall
be determined by the test procedures contained in the begin delete American
Society of Mechanical Engineers standard A112.19.2-2003 or
A112.19.14-2001. end delete begin insert WaterSense standards established by the EPA. end insert

begin delete

(i) This section shall remain operative only until January 1,
2014, or until the date on which the California Building Standards
Commission includes standards in the California Building
Standards Code that conform to this section, whichever date is
later.

end delete

SEC. 2.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.