BILL NUMBER: AB 723 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 16, 2015
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 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, bathroom
faucets, and shower heads residential lavatory
faucets, and showerheads 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 remove the
requirement that 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. sale.
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) Notwithstanding any other law, all tank type
water closets, urinals, bathroom
residential lavatory faucets, and shower heads
showerheads installed or sold in this state
shall meet performance, testing, and labeling requirements
established by the 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, urinals, bathroom residential
lavatory faucets, and shower heads
showerheads installed or sold in this state shall be listed by
an EPA accredited third-party certification agency to the appropriate
WaterSense standards set forth in this subdivision. No other listing
or certification requirements shall be required by the state.
(b) (1) All tank type water closets sold or installed
in this state shall use no more than an average of 1.28 gallons per
flush. On and after January 1, 2017, all tank type 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-half gallon per flush. On and after January 1,
2017, all urinals, other than blow-out urinals, sold or installed in
this state shall be WaterSense certified urinals.
(3) All bathroom lavatory 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 lavatory faucets, other than
institutional bathroom faucets, sold or installed
in this state shall be WaterSense certified bathroom
lavatory faucets.
(4) All shower heads showerheads
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 showerheads , other than
institutional shower heads, sold or installed in this state shall be
WaterSense certified shower heads showerheads
.
(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.
(d)
(c) (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
water closets, urinals, bathroom faucets, and shower heads.
showerheads.
(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,
bathroom faucets, and shower heads
showerheads .
(e)
(d) 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.
(f)
(e) 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) "WaterSense certified bathroom faucet" means a
residential lavatory faucet with a maximum flow of 1.5 gallons
per minute.
(3) "WaterSense certified showerhead" means a shower head
showerhead with a maximum flow of 2 gallons per
minute.
(4) A "WaterSense certified water closet" means a water closet
with an effective flush volume that does not exceed 1.28 gallons.
Flush volumes shall be tested in accordance with ANSI Standard
ASME A112.19.2/CSA B45.1 and ANSI Standard ASME A112.19.14.
(5) "WaterSense certified urinal" means a urinal that uses no
more than 0.5 gallons per flush. flush, and
is tested in accordance with ANSI Standard ASME A112.19.2/CSA B45.1
or ANSI Standard CSA B45.5/IAPMO Z124.
(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
in hospitals and other medical care operations, water closets
used in bariatrics applications, and child water closets used in day
care facilities.
(7) "Urinal" means a water-using urinal.
(g)
(f) For purposes of this section, all consumption
values shall be determined by the test procedures contained in the
WaterSense standards established by the EPA.
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.