BILL NUMBER: AB 723 INTRODUCED
BILL TEXT
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) All water closets and urinals
Notwithstanding any other law, all water closets, urinals,
bathroom faucets, and shower heads installed or sold in this
state shall meet performance, testing, and labeling requirements
established by the American Society of Mechanical Engineers
standard A112.19.2-2003, or A112.19.14-2001, United
States Environmental Protection Agency (EPA) WaterSense standards,
as applicable. No other marking and labeling requirements shall
be required by the state. All water closets and urinals
water closets, urinals, bathroom faucets, and shower
heads installed or sold in this state shall be listed by an
American National Standards Institute EPA
accredited third-party certification agency to the appropriate
American Society of Mechanical Engineers
WaterSense 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 1.6 1.28
gallons per flush. On and after January 1, 2014,
2017, all water closets, other than institutional water
closets, sold or installed in this state shall be high-efficiency
WaterSense certified water closets.
(2) All urinals sold or installed in this state shall use no more
than an average of one one-half gallon
per flush. On and after January 1, 2014,
2017, all urinals, other than blow-out urinals, sold or
installed in this state shall be high-efficiency
WaterSense certified urinals.
(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.
(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.
(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.
(4)
(c) 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.
(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.
(c)
(d) (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
either of the following: water closets,
urinals, bathroom faucets, and shower heads.
(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).
(B) The continued use of nonlow-consumption water closets,
urinals, and flushometer valves.
(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,
and flushometer valves. bathroom faucets, and
shower heads.
(f)
(e) The California Building Standards Commission or the
department may, by regulation, reduce the quantity of water per
flush or flow per minute 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.
(g)
(f) 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.
(2) "High-efficiency water closet" means a water closet that is
either of the following:
(2) "WaterSense certified bathroom faucet" means a faucet with a
maximum flow of 1.5 gallons per minute.
(3) "WaterSense certified showerhead" means a shower head with a
maximum flow of 2 gallons per minute.
(A) A dual flush
(4) A "WaterSense certified water
closet closet" means a water closet
with an effective flush volume that does not exceed 1.28
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 gallons .
(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.
(3) "High-efficiency"
(5) "WaterSense certified
urinal" means a urinal that uses no more than 0.5 gallons per
flush.
(4)
(6) "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.
(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.
(6)
(7) "Urinal" means a water-using urinal.
(7) "Wall-mounted/wall-outlet water closets" means models that are
mounted on the wall and discharge to the drainage system through the
wall.
(h)
(g) For purposes of this section, all consumption
values shall be determined by the test procedures contained in the
American Society of Mechanical Engineers standard
A112.19.2-2003 or A112.19.14-2001. WaterSense
standards established by the EPA.
(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.
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.