BILL NUMBER: AB 723 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 30, 2015
AMENDED IN ASSEMBLY APRIL 16, 2015
INTRODUCED BY Assembly Member Rendon
FEBRUARY 25, 2015
An act to amend Section 17921.3 of add
Section 17921.2 to 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, 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.
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.
This 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17921.2 is added to the
Health and Safety Code , to read:
17921.2. When setting plumbing fixture water efficiency
standards, the California Energy Commission shall consider the
performance requirements established by the United States
Environmental Protection Agency WaterSense standards.
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, residential lavatory faucets, and 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, residential lavatory faucets, and
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 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 lavatory faucets, other than institutional
faucets, sold or installed in this state shall be WaterSense
certified lavatory faucets.
(4) All 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 showerheads, other than institutional shower heads, sold
or installed in this state shall be WaterSense certified
showerheads.
(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 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 showerheads.
(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.
(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 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, 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.
(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.