BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 723


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          Date of Hearing:  May 27, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          723 (Rendon) - As Amended April 30, 2015


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill 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.








                                                                     AB 723


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          FISCAL EFFECT:


          Negligible costs to the CEC.


          COMMENTS:


          1)Purpose. 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.
          


          2)Background. 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 to establish 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."











                                                                     AB 723


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            Standards for these appliances were adopted on April 8, 2015,  
            and the emergency situation 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.


            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."  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.


          3)Prior Legislation. 



             a)   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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             b)   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.


             c)   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.  


          


          Analysis Prepared by:Jennifer Swenson / APPR. / (916)  
          319-2081