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, 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 remove the requirement that these manufacturers, by January 30 of each year, 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.
end deleteBy changing the definition of a crime, this bill would impose a state-mandated local program.
end deleteThe 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.
end deleteThis bill would provide that no reimbursement is required by this act for a specified reason.
end deleteThis bill would require the California Energy Commission, when setting plumbing fixture water efficiency standards, to consider the performance requirements established by the WaterSense standards set by the federal Environmental Protection Agency.
end insertVote: majority.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteyes end deletebegin insertnoend insert.
The people of the State of California do enact as follows:
begin insertSection 17921.2 is added to the end insertbegin insertHealth and Safety
2Codeend insertbegin insert, to read:end insert
When setting plumbing fixture water efficiency
4standards, the California Energy Commission shall consider the
5performance requirements established by the United States
6Environmental Protection Agency WaterSense standards.
Section 17921.3 of the Health and Safety Code
8 is amended to read:
(a) Notwithstanding any other law, all tank type water
10closets, urinals, residential lavatory faucets, and showerheads
11installed or sold in this state shall meet performance, testing, and
12labeling requirements established by the United States
13
Environmental Protection Agency (EPA) WaterSense standards,
14as applicable. No other marking and labeling requirements shall
15be required by the state. All water closets, urinals, residential
16lavatory faucets, and showerheads installed or sold in this state
17shall be listed by an EPA accredited third-party certification agency
18to the appropriate WaterSense standards set forth in this
19subdivision. No other listing or certification requirements shall be
20required by the state.
21(b) (1) All tank type water closets sold or installed in this state
22shall use no more than an average of 1.28 gallons per flush. On
P3 1and after January 1, 2017, all tank type water closets, other than
2institutional water closets, sold or installed in this state shall be
3high-efficiency WaterSense certified water closets.
4(2) All urinals sold or installed in this state shall use no more
5than an average of one-half gallon per flush. On and after January
61, 2017, all urinals, other than blow-out urinals, sold or installed
7in this state shall be WaterSense certified urinals.
8(3) All lavatory faucets sold or installed in this state shall use
9no more than an average of 1.5 gallons per minute. On and after
10January 1, 2017, all lavatory faucets, other than institutional
11faucets, sold or installed in this state shall be WaterSense certified
12lavatory
faucets.
13(4) All showerheads sold or installed in this state shall use no
14more than an average of two gallons per minute. On and after
15January 1, 2017, all showerheads, other than institutional shower
16heads, sold or installed in this state shall be WaterSense certified
17showerheads.
18(c) (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, and showerheads.
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, and showerheads.
27(d) The California Building Standards Commission or the
28department may, by regulation, reduce the quantity of water per
29flush or flow per minute required pursuant to this section if deemed
30appropriate or not inconsistent in light of other standards referenced
31in the most recent version of the California Plumbing Code, and
32may refer to successor standards to
the standards referenced in this
33section if determined appropriate in light of standards referenced
34in the most recent version of the California Plumbing Code.
35(e) As used in this section, the following terms have the
36following meanings:
37(1) “Blow-out urinal” means a urinal designed for heavy-duty
38commercial applications that work on a powerful nonsiphonic
39principle.
P4 1(2) “WaterSense certified bathroom faucet” means a
residential
2lavatory faucet with a maximum flow of 1.5 gallons per minute.
3(3) “WaterSense certified showerhead” means a showerhead
4with a maximum flow of 2 gallons per minute.
5 (4) A “WaterSense certified water closet” means a water closet
6with an effective flush volume that does not exceed 1.28 gallons.
7Flush volumes shall be tested in accordance with ANSI Standard
8ASME A112.19.2/CSA B45.1 and ANSI Standard ASME
9A112.19.14.
10 (5) “WaterSense certified urinal” means a urinal that uses no
11more than 0.5 gallons per flush, and is tested in accordance with
12ANSI Standard ASME A112.19.2/CSA B45.1 or ANSI Standard
13CSA B45.5/IAPMO Z124.
14(6) “Institutional water closet” means any water closet fixture
15with a design not typically found in residential or commercial
16applications or that is designed for a specialized application,
17including, but not limited to, wall-mounted floor-outlet water
18closets, water closets used in jails or prisons, water closets in
19hospitals and other medical care operations,
water closets used in
20bariatrics applications, and child water closets used in day care
21facilities.
22(7) “Urinal” means a water-using urinal.
23(f) For purposes of this section, all consumption values shall be
24determined by the test procedures contained in the WaterSense
25standards established by the EPA.
No reimbursement is required by this act pursuant to
27Section 6 of Article XIII B of the California Constitution because
28the only costs that may be incurred by a local agency or school
29district will be incurred because this act creates a new crime or
30infraction, eliminates a crime or infraction, or changes the penalty
31for a crime or infraction, within the meaning of Section 17556 of
32the Government Code, or changes the definition of a crime within
33the meaning of Section 6 of Article XIII B of the California
34Constitution.
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