BILL ANALYSIS Ó
AB 723
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Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Ed Chau, Chair
AB 723
Rendon - As Amended April 16, 2015
AS PROPOSED TO BE AMENDED
SUBJECT: Plumbing fixtures: WaterSense standards
SUMMARY: Requires the California Energy Commission (CEC), when
setting plumbing fixture water efficiency standards, to consider
the performance requirements established by the United States
Environmental Protection Agency (EPA) WaterSense standards.
EXISTING LAW:
1)Establishes minimum energy efficiency standards for water
appliances, including toilets, urinals, and faucets
(California Code of Regulations, Title 20).
2)Establishes building standards, including technical standards
of design, materials, workmanship and maintenance for plumbing
systems (California Code of Regulations, Title 24).
3)Requires the replacement of all non-water conserving plumbing
fixtures, as defined, in commercial and residential properties
built prior to 1994 with water-conserving fixtures by either
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2017 or 2019, depending on the type of property (Civil Code
Section 1101.1 et seq.).
4)Requires all toilets and urinals sold or installed in this
state on or after January 1, 2014 to be high-efficiency
(Health & Safety Code Section 17921.3).
5)Declares that it is the policy of the state that the
management of urban water demands and efficient use of water
shall be actively pursued to protect both the people of the
state and their water resources (Water Code Section 10610.4).
6)Provides that local governments may adopt more restrictive
conservation requirements (Health & Safety Code Section
17921.3).
FISCAL EFFECT: Unknown.
COMMENTS:
Background: California has been a leader in energy efficiency
since the 1970s, when the state implemented the first efficiency
standards. According to a December 2013 report by the Pacific
Institute, standards and codes have been one of the most
effective methods to improve energy efficiency statewide. Title
20 of the Code of Regulations sets energy efficiency standards
for multiple categories of appliances. The CEC regularly updates
and expands these standards through a stakeholder process.
Established in 1974, the CEC, formally the Energy Resources
Conservation and Development Commission, is the state's primary
energy policy and planning agency. The Warren-Alquist Act is
the legislation that created and gives statutory authority to
the CEC, a division of the California Natural Resources Agency.
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WaterSense standards: According to the EPA, "WaterSense, a
partnership program by the U.S. Environmental Protection Agency,
seeks to protect the future of our nation's water supply by
offering people a simple way to use less water with
water-efficient products, new homes, and services." The program
began in 2006. Products and services that carry the WaterSense
label have been certified to be at least 20% more efficient
without sacrificing performance. Independent, third-party
licensed certifying bodies certify that products meet EPA
criteria for water efficiency and performance by following
testing and certification protocols specific to each product
category. Products that are certified to meet EPA specifications
are allowed to bear the WaterSense label.
Recently adopted CEC energy efficiency and water standards: On
April 1, 2015, the Governor issued Executive Order B-29-15,
directing the first ever statewide mandatory water reduction.
One of the four CEC responsibilities in the executive order is
establishing standards that improve the efficiency of water
appliances, including toilets, urinals and faucets available for
sale and installation in new and existing buildings. According
to the CEC, the recently approved energy efficiency and water
standards "require water appliances to consume less water
thereby using less energy while performing the same function."
The standards for each appliance are listed below:
Toilets and urinals, except those designed for prisons
or mental health facilities. Toilets shall not consume more
than 1.28 gallons per flush and shall have a waste
extraction score of no fewer than 350 grams. Urinals shall
not consume more than 0.125 gallons per flush.
Residential lavatory faucets shall not exceed 1.2
gallons per minute flow rate.
Kitchen faucets shall not exceed 1.8 gallons per minute
flow rate and may have capability to increase to 2.2
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gallons per minute momentarily for filling pots and pans.
Public lavatory faucets shall not exceed 0.5 gallon per
minute flow rate.
These standards were adopted on April 8, 2015, and the emergency
situation also allows the CEC to prohibit the sale and
installation of certain toilets, urinals and faucets that do not
meet minimum water efficiency requirements as of Jan. 1, 2016,
regardless of the manufactured date. While these standards are
consistent with WaterSense efficiency standards, they do not
specifically align with WaterSense performance requirements.
Existing requirements for plumbing fixtures: In 1992, the
Legislature passed SB 1224 (Killea), Chapter 1347, Statutes of
1992, that required all water closets (toilets) sold or
installed on or after January 1, 1994 to use no more than an
average of 1.6 gallons per flush, and likewise for urinals, to
use no more than an average of one gallon per flush. In 2007,
AB 715 (Laird), Chapter 499, Statutes of 2007, prohibited the
sale, after January 1, 2014, of toilets that exceed 1.28 gallons
per flush and urinals that exceed 0.5 gallon per flush. The
CBSC adopted this standard for new construction built after
2011. In 2009, SB 407 (Padilla), Chapter 587, Statutes of 2009,
required the replacement of all non-water conserving plumbing
fixtures, as defined, in commercial and residential properties
built prior to 1994 with water-conserving fixtures by either
2017 or 2019, depending on the type of property.
Purpose of this bill: According to the author, "California has
embraced a variety of legislation to reduce urban water
consumption and expand access to water-efficient fixtures and
appliances. There are still steps that the legislature and state
agencies can take to improve and synthesize this process, and AB
723 facilitates that conversation."
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The author notes that "a common criticism of high-efficiency
toilets and other high-efficiency fixtures is that they break
easily and are ineffective." Federally-set EPA WaterSense
qualifications "are considered some of the most advanced and
stringent, in terms of both performance and efficiency measures.
While the recent updates to the CEC's Title 20 plumbing fixture
standards will achieve, and in some cases exceed, WaterSense
efficiency standards for most plumbing fixtures, Title 20
standards do not necessarily have WaterSense high- performance
requirements." This bill will encourage the CEC to consider
WaterSense performance standards when setting plumbing fixture
water efficiency standards.
Related legislation :
SB 1224 (Killea), Chapter 1347, Statutes of 1992: Requires all
water closets (toilets) sold or installed on or after January 1,
1994 to use no more than an average of 1.6 gallons per flush,
and requires all urinals sold or installed on or after January
1, 1994 to use no more than an average of one gallon per flush.
AB 715 (Laird), Chapter 499, Statutes of 2007: Prohibits the
sale, after January 1, 2014, of toilets that exceed 1.28 gallons
per flush and urinals that exceed 0.5 gallon per flush.
SB 407 (Padilla), Chapter 587, Statutes of 2009: Requires the
replacement of all non-water conserving plumbing fixtures, as
defined, in commercial and residential properties built prior to
1994 with water-conserving fixtures by either 2017 or 2019,
depending on the type of property.
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As Proposed to be Amended:
Below is a mock-up of the bill as proposed to be amended:
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.
REGISTERED SUPPORT / OPPOSITION:
Support
AB 723
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California Municipal Utilities Association
Opposition
None on file
Analysis Prepared by:Rebecca Rabovsky / H. & C.D. / (916)
319-2085