Texas 2009 - 81st Regular

Texas House Bill HB2667 Compare Versions

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1	1	H.B. No. 2667
2	2
3	3
4	4	AN ACT
5	5	relating to performance standards for plumbing fixtures sold in
6	6	this state.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 372.001, Health and Safety Code, is
9	9	amended to read as follows:
10	10	Sec. 372.001. DEFINITIONS. In this chapter:
11	11	(1) "Commercial prerinse spray valve" means a handheld
12	12	device that is designed and marketed for use with commercial
13	13	dishwashing and ware washing equipment and that is used to spray
14	14	water on dishes, flatware, and other food service items to remove
15	15	food residue before the items are cleaned in a dishwasher or ware
16	16	washer or by hand.
17	17	(2) "Commission" means the Texas [Natural Resource
18	18	Conservation] Commission on Environmental Quality.
19	19	(3) [(2)] "Executive director" means the executive
20	20	director of the commission.
21	21	(4) [(3)] "Plumbing fixture" means a device that
22	22	receives water, waste, or both and discharges the water, waste, or
23	23	both into a drainage system. The term includes a kitchen sink,
24	24	utility sink, lavatory, bidet, bathtub, shower [a sink faucet,
25	25	lavatory faucet, faucet aerator, shower head], urinal, toilet,
26	26	[flush valve toilet,] or drinking water fountain.
27	27	(5) "Plumbing fixture fitting" means a device that
28	28	controls and directs the flow of water. The term includes a sink
29	29	faucet, lavatory faucet, shower head, or bath filler.
30	30	(6) "Pressurized flushing device" means a device that
31	31	contains a valve that:
32	32	(A) is attached to a pressurized water supply
33	33	pipe that is of sufficient size to deliver water at the necessary
34	34	rate of flow to ensure flushing when the valve is open; and
35	35	(B) opens on actuation to allow water to flow
36	36	into the fixture at a rate and in a quantity necessary for the
37	37	proper operation of the fixture and gradually closes to avoid water
38	38	hammer.
39	39	(7) [(4)] "Toilet" means a [toilet or] water closet
40	40	[except a wall-mounted toilet that employs a flushometer or flush
41	41	valve].
42	42	(8) "Water closet" means a plumbing fixture that has a
43	43	water-containing receptor that receives liquid and solid body waste
44	44	and, on actuation, conveys the waste through an exposed integral
45	45	trap seal into a drainage system.
46	46	[(5) "Commercial prerinse spray valve" means a
47	47	handheld device that is designed and marketed for use with
48	48	commercial dishwashing and ware washing equipment and that is used
49	49	to spray water on dishes, flatware, and other food service items to
50	50	remove food residue before the items are cleaned in a dishwasher or
51	51	ware washer or by hand.]
52	52	SECTION 2. Section 372.002, Health and Safety Code, is
53	53	amended by amending Subsections (b), (c), and (f) and adding
54	54	Subsections (g) and (h) to read as follows:
55	55	(b) The water saving performance standards for a plumbing
56	56	fixture are [those established by the American National Standards
57	57	Institute or] the following standards[, whichever are more
58	58	restrictive]:
59	59	(1) for a sink or lavatory faucet or a faucet aerator,
60	60	maximum flow may not exceed 2.2 gallons of water per minute at a
61	61	pressure of 60 pounds per square inch [when tested according to
62	62	testing procedures adopted by the commission];
63	63	(2) for a shower head, maximum flow may not exceed 2.5
64	64	[2.75] gallons of water per minute at a constant pressure over 80
65	65	pounds per square inch [when tested according to testing procedures
66	66	adopted by the commission];
67	67	(3) for a urinal and the associated flush valve, if
68	68	any, sold, offered for sale, or distributed in this state before
69	69	January 1, 2014:
70	70	(A) maximum flow may not exceed an average of one
71	71	gallon of water per flush [flushing when tested according to the
72	72	hydraulic performance requirements adopted by the commission]; and
73	73	(B) the urinal and the associated flush valve, if
74	74	any, must meet the performance, testing, and labeling requirements
75	75	prescribed by American Society of Mechanical Engineers Standard
76	76	A112.19.2-2008 and Canadian Standards Association Standard
77	77	B45.1-2008 "Vitreous China Plumbing Fixtures and Hydraulic
78	78	Requirements for Water Closets and Urinals";
79	79	(4) except as provided by Subsection (g), for a urinal
80	80	and the associated flush valve, if any, sold, offered for sale, or
81	81	distributed in this state on or after January 1, 2014:
82	82	(A) maximum flow may not exceed an average of 0.5
83	83	gallons of water per flush; and
84	84	(B) the urinal and the associated flush valve, if
85	85	any, must meet the performance, testing, and labeling requirements
86	86	prescribed by the following standards, as applicable:
87	87	(i) American Society of Mechanical
88	88	Engineers Standard A112.19.2-2008 and Canadian Standards
89	89	Association Standard B45.1-2008 "Vitreous China Plumbing Fixtures
90	90	and Hydraulic Requirements for Water Closets and Urinals"; or
91	91	(ii) American Society of Mechanical
92	92	Engineers Standard A112.19.19-2006 "Vitreous China Nonwater
93	93	Urinals";
94	94	(5) [(4)] for a toilet sold, offered for sale, or
95	95	distributed in this state before January 1, 2014:
96	96	(A) [,] maximum flow may not exceed an average of
97	97	1.6 gallons of water per flush [flushing when tested according to
98	98	the hydraulic performance requirements adopted by the commission];
99	99	and
100	100	(B) the toilet must meet the performance,
101	101	testing, and labeling requirements prescribed by the following
102	102	standards, as applicable:
103	103	(i) American Society of Mechanical
104	104	Engineers Standard A112.19.2-2008 and Canadian Standards
105	105	Association Standard B45.1-2008 "Vitreous China Plumbing Fixtures
106	106	and Hydraulic Requirements for Water Closets and Urinals"; and
107	107	(ii) American Society of Mechanical
108	108	Engineers Standard A112.19.14-2006 "Six-Liter Water Closets
109	109	Equipped With a Dual Flushing Device";
110	110	(6) except as provided by Subsection (h), for a toilet
111	111	sold, offered for sale, or distributed in this state on or after
112	112	January 1, 2014:
113	113	(A) the toilet must be a dual flush water closet
114	114	that meets the following standards:
115	115	(i) the average flush volume of two reduced
116	116	flushes and one full flush may not exceed 1.28 gallons; and
117	117	(ii) the toilet must meet the performance,
118	118	testing, and labeling requirements prescribed by the following
119	119	standards, as applicable:
120	120	(a) American Society of Mechanical
121	121	Engineers Standard A112.19.2-2008 and Canadian Standards
122	122	Association Standard B45.1-2008 "Vitreous China Plumbing Fixtures
123	123	and Hydraulic Requirements for Water Closets and Urinals"; and
124	124	(b) American Society of Mechanical
125	125	Engineers Standard A112.19.14-2006 "Six-Liter Water Closets
126	126	Equipped With a Dual Flushing Device"; or
127	127	(B) the toilet must be a single flush water
128	128	closet that meets the following standards:
129	129	(i) the average flush volume may not exceed
130	130	1.28 gallons; and
131	131	(ii) the toilet must meet the performance,
132	132	testing, and labeling requirements prescribed by American Society
133	133	of Mechanical Engineers Standard A112.19.2-2008 and Canadian
134	134	Standards Association Standard B45.1-2008 "Vitreous China Plumbing
135	135	Fixtures and Hydraulic Requirements for Water Closets and Urinals";
136	136	[(5) for a wall-mounted toilet that employs a
137	137	flushometer or flush valve, maximum flow may not exceed an average
138	138	of two gallons of water per flushing or the flow rate established by
139	139	the American National Standards Institute for ultra-low flush
140	140	toilets, whichever is lower;] and
141	141	(7) [(6)] a drinking water fountain must be
142	142	self-closing.
143	143	(c) The commission shall make and maintain a current list of
144	144	plumbing fixtures that are certified to the commission by the
145	145	manufacturer [or importer] to meet the water saving performance
146	146	standards established by Subsection (b). To have a plumbing
147	147	fixture included on the list, a manufacturer [or importer] must
148	148	supply to the commission, in the form prescribed by the commission:
149	149	(1) [,] the identification and the performance
150	150	specifications of the plumbing fixture; and
151	151	(2) certified test results from a laboratory
152	152	accredited by the American National Standards Institute verifying
153	153	that the plumbing fixture meets the water saving performance
154	154	standards established by Subsection (b). [The commission may test
155	155	a listed fixture to determine the accuracy of the manufacturer's or
156	156	importer's certification and shall remove from the list a fixture
157	157	the commission finds to be inaccurately certified.]
158	158	(f) This section does not apply to:
159	159	(1) a plumbing fixture that has been ordered by or is
160	160	in the inventory of a building contractor or a wholesaler or
161	161	retailer of plumbing fixtures on January 1, 1992;
162	162	(2) a fixture, such as a safety shower or aspirator
163	163	faucet, that, because of the fixture's specialized function, cannot
164	164	meet the standards provided by this section;
165	165	(3) a fixture originally installed before January 1,
166	166	1992, that is removed and reinstalled in the same building on or
167	167	after that date; [or]
168	168	(4) a fixture imported only for use at the importer's
169	169	domicile;
170	170	(5) a nonwater-supplied urinal; or
171	171	(6) a plumbing fixture that has been certified by the
172	172	United States Environmental Protection Agency under the WaterSense
173	173	Program.
174	174	(g) The water saving performance standards for a urinal and
175	175	the associated flush valve, if any, sold, offered for sale, or
176	176	distributed in this state on or after January 1, 2014, are the
177	177	standards prescribed by Subsection (b)(3) if the urinal was
178	178	designed for heavy-duty commercial applications.
179	179	(h) The water saving performance standards for a toilet
180	180	sold, offered for sale, or distributed in this state on or after
181	181	January 1, 2014, are the standards prescribed by Subsection (b)(5)
182	182	if the toilet is a water closet that has a design not typically
183	183	found in a residential application or that is designed for a
184	184	specialized application, including a water closet that:
185	185	(1) is mounted on the wall and discharges to the
186	186	drainage system through the floor;
187	187	(2) is located in a correctional facility, as defined
188	188	by Section 1.07, Penal Code;
189	189	(3) is used in a bariatric application;
190	190	(4) is used by children at a day-care facility; or
191	191	(5) consists of a non-tank type commercial bowl
192	192	connected to the plumbing system through a pressurized flushing
193	193	device.
194	194	SECTION 3. Chapter 372, Health and Safety Code, is amended
195	195	by adding Sections 372.0025, 372.0045, and 372.006 to read as
196	196	follows:
197	197	Sec. 372.0025. EXCEPTION: ACTION BY MUNICIPALITY OR COUNTY.
198	198	The governing body of a municipality or county by ordinance or order
199	199	may allow the sale in the municipality or county of a urinal or
200	200	toilet that does not comply with Section 372.002(b)(4) or (6),
201	201	respectively, if the governing body finds that to flush a public
202	202	sewer system located in the municipality or county in a manner
203	203	consistent with public health, a greater quantity of water is
204	204	required because of the configuration of the drainage systems of
205	205	buildings located in the municipality or county or the public sewer
206	206	system.
207	207	Sec. 372.0045. PHASE-IN OF WATER SAVING PERFORMANCE
208	208	STANDARDS. (a) Notwithstanding Sections 372.002(b)(3) and (5), at
209	209	least the following percentage of the models of urinals and of the
210	210	models of toilets offered for sale by a manufacturer in this state
211	211	must meet the requirements of Sections 372.002(b)(4) and (6),
212	212	respectively:
213	213	(1) 50 percent of the models of urinals and of the
214	214	models of toilets offered for sale on January 1, 2010;
215	215	(2) 67 percent of the models of urinals and of the
216	216	models of toilets offered for sale on January 1, 2011;
217	217	(3) 75 percent of the models of urinals and of the
218	218	models of toilets offered for sale on January 1, 2012; and
219	219	(4) 85 percent of the models of urinals and of the
220	220	models of toilets offered for sale on January 1, 2013.
221	221	(b) Not later than January 31 of each year, a manufacturer
222	222	that offers urinals or toilets for sale in this state shall notify
223	223	the commission in writing of the percentage of the models of urinals
224	224	and of the models of toilets offered for sale by the manufacturer in
225	225	this state that meet the requirements of Sections 372.002(b)(4) and
226	226	(6), respectively.
227	227	(c) This section expires September 1, 2013.
228	228	Sec. 372.006. NONWATER-SUPPLIED URINAL PERFORMANCE
229	229	STANDARDS. (a) A person may not sell, offer for sale, or distribute
230	230	in this state a nonwater-supplied urinal for use in this state
231	231	unless the nonwater-supplied urinal:
232	232	(1) meets the performance, testing, and labeling
233	233	requirements prescribed by the following standards, as applicable:
234	234	(A) American Society of Mechanical Engineers
235	235	Standard A112.19.19-2006 "Vitreous China Nonwater Urinals"; or
236	236	(B) International Association of Plumbing and
237	237	Mechanical Officials Standard ANSI Z124.9-2004 "Plastic Urinal
238	238	Fixtures";
239	239	(2) provides a trap seal that complies with the
240	240	building code of the local government in which the urinal is
241	241	installed; and
242	242	(3) permits the uninhibited flow of waste through the
243	243	urinal to the sanitary drainage system.
244	244	(b) The manufacturer or importer must submit to the
245	245	commission certified test results from a laboratory accredited by
246	246	the American National Standards Institute verifying that the
247	247	nonwater-supplied urinal conforms to the requirements described by
248	248	Subsection (a)(1).
249	249	(c) A person who installs a nonwater-supplied urinal shall
250	250	install water distribution and fixture supply piping sized to
251	251	accommodate a water-supplied urinal to an in-wall point immediately
252	252	adjacent to the nonwater-supplied urinal location so that the
253	253	nonwater-supplied urinal can be replaced with a water-supplied
254	254	urinal if desired by the owner or required by a code enforcement
255	255	officer.
256	256	(d) A person who owns a nonwater-supplied urinal shall clean
257	257	and maintain the nonwater-supplied urinal in accordance with the
258	258	manufacturer's instructions.
259	259	SECTION 4. Section 5.701(q), Water Code, is amended to read
260	260	as follows:
261	261	(q) Notwithstanding any other law, fees collected for
262	262	deposit to the water resource management account under the
263	263	following statutes may be appropriated and used to protect water
264	264	resources in this state, including assessment of water quality,
265	265	reasonably related to the activities of any of the persons required
266	266	to pay a fee under:
267	267	(1) Subsections (b) and (c), to the extent those fees
268	268	are collected in connection with water use or water quality
269	269	permits;
270	270	(2) Subsections (h)-(l);
271	271	(3) Section 11.138(g);
272	272	(4) Section 11.145;
273	273	(5) Section 26.0135(h);
274	274	(6) Sections 26.0291, 26.044, and 26.0461; or
275	275	(7) Sections 341.041, 366.058, and 366.059, Health and
276	276	Safety Code[; or
277	277	[(8) Section 372.002(d), Health and Safety Code].
278	278	SECTION 5. Section 13.506(b), Water Code, is amended to
279	279	read as follows:
280	280	(b) Not later than the first anniversary of the date an
281	281	owner of an apartment house, manufactured home rental community, or
282	282	multiple use facility or a manager of a condominium begins to bill
283	283	for submetered or allocated water service under Subsection (a), the
284	284	owner or manager shall:
285	285	(1) remove any toilets that exceed a maximum flow of
286	286	3.5 gallons of water per flushing; and
287	287	(2) install [1.6-gallon] toilets that meet the
288	288	standards prescribed by Section 372.002, Health and Safety Code.
289	289	SECTION 6. Sections 372.002(d) and (e) and 372.003(a) and
290	290	(b), Health and Safety Code, are repealed.
291	291	SECTION 7. The change in law made by Section 372.002, Health
292	292	and Safety Code, as amended by this Act, applies only to a plumbing
293	293	fixture sold, offered for sale, or distributed in this state on or
294	294	after September 1, 2009. A plumbing fixture sold, offered for sale,
295	295	or distributed in this state before that date is governed by the law
296	296	in effect on the date the sale, offer, or distribution occurred, and
297	297	that law is continued in effect for that purpose.
298	298	SECTION 8. The change in law made by Section 372.006, Health
299	299	and Safety Code, as added by this Act, applies only to a
300	300	nonwater-supplied urinal sold, offered for sale, distributed, or
301	301	installed in this state on or after September 1, 2009. A
302	302	nonwater-supplied urinal sold, offered for sale, distributed, or
303	303	installed in this state before that date is governed by the law in
304	304	effect on the date the sale, offer, distribution, or installation
305	305	occurred, and that law is continued in effect for that purpose.
306	306	SECTION 9. This Act takes effect September 1, 2009.
307	307	______________________________ ______________________________
308	308	President of the Senate Speaker of the House
309	309	I certify that H.B. No. 2667 was passed by the House on April
310	310	28, 2009, by the following vote: Yeas 114, Nays 33, 1 present, not
311	311	voting.
312	312	______________________________
313	313	Chief Clerk of the House
314	314	I certify that H.B. No. 2667 was passed by the Senate on May
315	315	21, 2009, by the following vote: Yeas 31, Nays 0.
316	316	______________________________
317	317	Secretary of the Senate
318	318	APPROVED: _____________________
319	319	Date
320	320	_____________________
321	321	Governor