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










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          California Municipal Utilities Association




          Opposition


          None on file




          Analysis Prepared by:Rebecca Rabovsky / H. & C.D. / (916)  
          319-2085