AB 723, as amended, 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,begin delete bathroom faucets, and shower headsend deletebegin insert
residential lavatory faucets, and showerheadsend insert 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 wouldbegin delete requireend deletebegin insert remove the requirement thatend insert these manufacturers, by January 30 of each year,begin delete toend delete 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 forbegin delete sale that year as compared to the years 2010 to 2014, inclusive.end deletebegin insert
sale.end insert
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 17921.3 of the Health and Safety Code
2 is amended to read:
(a) Notwithstanding any other law, allbegin insert tank typeend insert water
4closets, urinals,begin delete bathroomend deletebegin insert residential lavatoryend insert faucets, andbegin delete shower begin insert showerheadsend insert installed or sold in this state shall meet
5headsend delete
6performance, testing, and labeling requirements established by the
7United States
Environmental Protection Agency (EPA) WaterSense
8standards, as applicable. No other marking and labeling
9requirements shall be required by the state. All water closets,
10urinals,begin delete bathroomend deletebegin insert residential lavatoryend insert faucets, andbegin delete shower headsend delete
11begin insert showerheadsend insert installed or sold in this state shall be listed by an
12EPA accredited third-party certification agency to the appropriate
13WaterSense standards set forth in this subdivision. No other listing
14or certification requirements shall be required by the state.
15(b) (1) Allbegin insert tank typeend insert water closets sold or installed in this state
16shall use no more than an average of 1.28 gallons per flush. On
17and after January 1, 2017, allbegin insert tank typeend insert water closets, other than
18institutional water closets, sold or installed in this state shall be
19high-efficiency WaterSense certified water closets.
20(2) All urinals sold or installed in this state shall use no more
21than an average of one-half gallon per flush. On and after January
221, 2017, all urinals, other than blow-out urinals, sold or installed
23in this state shall be WaterSense certified urinals.
24(3) Allbegin delete bathroomend deletebegin insert lavatoryend insert faucets sold or installed in this state
25shall use no more than an average of 1.5 gallons per minute. On
26and after January 1, 2017, allbegin delete bathroomend deletebegin insert lavatoryend insert faucets, other
P3 1than institutionalbegin delete bathroomend delete faucets, sold or installed in this state
2shall be WaterSense certifiedbegin delete bathroomend deletebegin insert lavatoryend insert
faucets.
3(4) Allbegin delete shower headsend deletebegin insert showerheadsend insert sold or installed in this state
4shall use no more than an average of two gallons per minute. On
5and after January 1, 2017, allbegin delete shower headsend deletebegin insert showerheadsend insert, other
6than institutional shower heads, sold or installed in this state shall
7be WaterSense certifiedbegin delete shower headsend deletebegin insert showerheadsend insert.
8(c) Each manufacturer that sells water closets or urinals in this
9state shall inform the State Energy Resources Conservation and
10Development Commission, the department, and the California
11Building Standards Commission, in writing, of the percentage of
12models of high-efficiency water closets plus high-efficiency urinals
13offered for sale in this state as compared to the total number of
14models of water closets plus urinals offered for sale in this state
15by that manufacturer for each year 2010 to 2013, inclusive, by
16January 30 of that year.
P4 22 17(d)
end delete
18begin insert(c)end insert (1) This section does not preempt any actions of cities,
19counties, cities and counties, or districts that prescribe additional
20or more restrictive conservation requirements affecting
water
21closets, urinals, bathroom faucets, andbegin delete shower heads.end deletebegin insert showerheads.end insert
22(2) This section does not grant any new or additional powers to
23cities, counties, cities and counties, or districts to promulgate or
24establish laws, ordinances, regulations, or rules governing the sale,
25installation, or use of low-consumption water closets, urinals,
26
bathroom faucets, andbegin delete shower headsend deletebegin insert showerheadsend insert.
38 27(e)
end delete
28begin insert(d)end insert The California Building Standards Commission or the
29department may, by regulation, reduce the quantity of water per
30flush or flow per minute required pursuant to this section if deemed
31appropriate or not inconsistent in light of other standards referenced
32in the most recent version of the California Plumbing Code, and
33may refer to successor standards to
the standards referenced in this
34section if determined appropriate in light of standards referenced
35in the most recent version of the California Plumbing Code.
7 36(f)
end delete
37begin insert(e)end insert As used in this section, the following terms have the
38following meanings:
P4 1(1) “Blow-out urinal” means a urinal designed for heavy-duty
2commercial applications that work on a powerful nonsiphonic
3principle.
4(2) “WaterSense certified bathroom faucet” means abegin insert
residential
5lavatoryend insert faucet with a maximum flow of 1.5 gallons per minute.
6(3) “WaterSense certified showerhead” means abegin delete shower headend delete
7begin insert showerheadend insert with a maximum flow of 2 gallons per minute.
8 (4) A “WaterSense certified water closet” means a water closet
9with an effective flush volume that does not exceed 1.28 gallons.
10begin insert Flush volumes shall be tested in accordance with ANSI Standard
11ASME A112.19.2/CSA B45.1 and ANSI Standard ASME
12A112.19.14.end insert
13 (5) “WaterSense certified urinal” means a urinal that uses no
14more than 0.5 gallons perbegin delete flush.end deletebegin insert flush, and is tested in accordance
15with ANSI Standard ASME A112.19.2/CSA B45.1 or ANSI Standard
16CSA B45.5/IAPMO Z124.end insert
17(6) “Institutional water closet” means any water closet fixture
18with a design not typically found in residential or commercial
19applications or that is designed for a specialized application,
20including, but not limited to, wall-mounted floor-outlet water
21closets, water closets used in jails or prisons,begin insert water closets in
22hospitals and other medical care operations,end insert
water closets used
23in bariatrics applications, and child water closets used in day care
24facilities.
25(7) “Urinal” means a water-using urinal.
11 26(g)
end delete
27begin insert(f)end insert For purposes of this section, all consumption values shall be
28determined by the test procedures contained in the WaterSense
29standards established by the EPA.
No reimbursement is required by this act pursuant to
31Section 6 of Article XIII B of the California Constitution because
32the only costs that may be incurred by a local agency or school
33district will be incurred because this act creates a new crime or
34infraction, eliminates a crime or infraction, or changes the penalty
35for a crime or infraction, within the meaning of Section 17556 of
36the Government Code, or changes the definition of a crime within
37the meaning of Section 6 of Article XIII B of the California
38Constitution.
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