81R5973 ACP-F
By: Hinojosa S.B. No. 1688
A BILL TO BE ENTITLED
AN ACT
relating to performance standards for plumbing fixtures sold in
this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 372.001, Health and Safety Code, is
amended to read as follows:
Sec. 372.001. DEFINITIONS. In this chapter:
(1) "Commercial prerinse spray valve" means a handheld
device that is designed and marketed for use with commercial
dishwashing and ware washing equipment and that is used to spray
water on dishes, flatware, and other food service items to remove
food residue before the items are cleaned in a dishwasher or ware
washer or by hand.
(2) "Commission" means the Texas [Natural Resource
Conservation] Commission on Environmental Quality.
(3) [(2)] "Executive director" means the executive
director of the commission.
(4) [(3)] "Plumbing fixture" means a device that
receives water, waste, or both and discharges the water, waste, or
both into a drainage system. The term includes a kitchen sink,
utility sink, lavatory, bidet, bathtub, shower [a sink faucet,
lavatory faucet, faucet aerator, shower head], urinal, toilet,
[flush valve toilet,] or drinking water fountain.
(5) "Plumbing fixture fitting" means a device that
controls and directs the flow of water. The term includes a sink
faucet, lavatory faucet, shower head, or bath filler.
(6) "Pressurized flushing device" means a device that
contains a valve that:
(A) is attached to a pressurized water supply
pipe that is of sufficient size to deliver water at the necessary
rate of flow to ensure flushing when the valve is open; and
(B) opens on actuation to allow water to flow
into the fixture at a rate and in a quantity necessary for the
proper operation of the fixture and gradually closes to avoid water
hammer.
(7) [(4)] "Toilet" means a [toilet or] water closet
[except a wall-mounted toilet that employs a flushometer or flush
valve].
(8) "Water closet" means a plumbing fixture that has a
water-containing receptor that receives liquid and solid body waste
and, on actuation, conveys the waste through an exposed integral
trap seal into a drainage system.
[(5) "Commercial prerinse spray valve" means a
handheld device that is designed and marketed for use with
commercial dishwashing and ware washing equipment and that is used
to spray water on dishes, flatware, and other food service items to
remove food residue before the items are cleaned in a dishwasher or
ware washer or by hand.]
SECTION 2. Section 372.002, Health and Safety Code, is
amended by amending Subsections (b), (c), and (f) and adding
Subsections (g) and (h) to read as follows:
(b) The water saving performance standards for a plumbing
fixture are [those established by the American National Standards
Institute or] the following standards[, whichever are more
restrictive]:
(1) for a sink or lavatory faucet or a faucet aerator,
maximum flow may not exceed 2.2 gallons of water per minute at a
pressure of 60 pounds per square inch [when tested according to
testing procedures adopted by the commission];
(2) for a shower head, maximum flow may not exceed 2.5
[2.75] gallons of water per minute at a constant pressure over 80
pounds per square inch [when tested according to testing procedures
adopted by the commission];
(3) for a urinal and the associated flush valve, if
any, sold, offered for sale, or distributed in this state before
January 1, 2014:
(A) maximum flow may not exceed an average of one
gallon of water per flush [flushing when tested according to the
hydraulic performance requirements adopted by the commission]; and
(B) the urinal and the associated flush valve, if
any, must meet the performance, testing, and labeling requirements
prescribed by American Society of Mechanical Engineers Standard
A112.19.2-2008 and Canadian Standards Association Standard
B45.1-2008 "Vitreous China Plumbing Fixtures and Hydraulic
Requirements for Water Closets and Urinals";
(4) except as provided by Subsection (g), for a urinal
and the associated flush valve, if any, sold, offered for sale, or
distributed in this state on or after January 1, 2014:
(A) maximum flow may not exceed an average of 0.5
gallons of water per flush; and
(B) the urinal and the associated flush valve, if
any, must meet the performance, testing, and labeling requirements
prescribed by the following standards, as applicable:
(i) American Society of Mechanical
Engineers Standard A112.19.2-2008 and Canadian Standards
Association Standard B45.1-2008 "Vitreous China Plumbing Fixtures
and Hydraulic Requirements for Water Closets and Urinals"; or
(ii) American Society of Mechanical
Engineers Standard A112.19.19-2006 "Vitreous China Nonwater
Urinals";
(5) [(4)] for a toilet sold, offered for sale, or
distributed in this state before January 1, 2014:
(A) [,] maximum flow may not exceed an average of
1.6 gallons of water per flush [flushing when tested according to
the hydraulic performance requirements adopted by the commission];
and
(B) the toilet must meet the performance,
testing, and labeling requirements prescribed by the following
standards, as applicable:
(i) American Society of Mechanical
Engineers Standard A112.19.2-2008 and Canadian Standards
Association Standard B45.1-2008 "Vitreous China Plumbing Fixtures
and Hydraulic Requirements for Water Closets and Urinals"; and
(ii) American Society of Mechanical
Engineers Standard A112.19.14-2006 "Six-Liter Water Closets
Equipped With a Dual Flushing Device."
(6) except as provided by Subsection (h), for a toilet
sold, offered for sale, or distributed in this state on or after
January 1, 2014:
(A) the toilet must be a dual flush water closet
that meets the following standards:
(i) the average flush volume of two reduced
flushes and one full flush may not exceed 1.28 gallons; and
(ii) the toilet must meet the performance,
testing, and labeling requirements prescribed by the following
standards, as applicable:
(a) American Society of Mechanical
Engineers Standard A112.19.2-2008 and Canadian Standards
Association Standard B45.1-2008 "Vitreous China Plumbing Fixtures
and Hydraulic Requirements for Water Closets and Urinals"; and
(b) American Society of Mechanical
Engineers Standard A112.19.14-2006 "Six-Liter Water Closets
Equipped With a Dual Flushing Device"; or
(B) the toilet must be a single flush water
closet that meets the following standards:
(i) the average flush volume may not exceed
1.28 gallons; and
(ii) the toilet must meet the performance,
testing, and labeling requirements prescribed by American Society
of Mechanical Engineers Standard A112.19.2-2008 and Canadian
Standards Association Standard B45.1-2008 "Vitreous China Plumbing
Fixtures and Hydraulic Requirements for Water Closets and Urinals";
[(5) for a wall-mounted toilet that employs a
flushometer or flush valve, maximum flow may not exceed an average
of two gallons of water per flushing or the flow rate established by
the American National Standards Institute for ultra-low flush
toilets, whichever is lower;] and
(7) [(6)] a drinking water fountain must be
self-closing.
(c) The commission shall make and maintain a current list of
plumbing fixtures that are certified to the commission by the
manufacturer [or importer] to meet the water saving performance
standards established by Subsection (b). To have a plumbing
fixture included on the list, a manufacturer [or importer] must
supply to the commission, in the form prescribed by the commission:
(1) [,] the identification and the performance
specifications of the plumbing fixture; and
(2) certified test results from a laboratory
accredited by the American National Standards Institute verifying
that the plumbing fixture meets the water saving performance
standards established by Subsection (b). [The commission may test
a listed fixture to determine the accuracy of the manufacturer's or
importer's certification and shall remove from the list a fixture
the commission finds to be inaccurately certified.]
(f) This section does not apply to:
(1) a plumbing fixture that has been ordered by or is
in the inventory of a building contractor or a wholesaler or
retailer of plumbing fixtures on January 1, 1992;
(2) a fixture, such as a safety shower or aspirator
faucet, that, because of the fixture's specialized function, cannot
meet the standards provided by this section;
(3) a fixture originally installed before January 1,
1992, that is removed and reinstalled in the same building on or
after that date; [or]
(4) a fixture imported only for use at the importer's
domicile;
(5) a nonwater-supplied urinal; or
(6) a plumbing fixture that has been certified by the
United States Environmental Protection Agency under the WaterSense
Program.
(g) The water saving performance standards for a urinal and
the associated flush valve, if any, sold, offered for sale, or
distributed in this state on or after January 1, 2014, are the
standards prescribed by Subsection (b)(3) if the urinal was
designed for heavy-duty commercial applications.
(h) The water saving performance standards for a toilet
sold, offered for sale, or distributed in this state on or after
January 1, 2014, are the standards prescribed by Subsection (b)(5)
if the toilet is a water closet that has a design not typically
found in a residential application or that is designed for a
specialized application, including a water closet that:
(1) is mounted on the wall and discharges to the
drainage system through the floor;
(2) is located in a correctional facility, as defined
by Section 1.07, Penal Code;
(3) is used in a bariatric application;
(4) is used by children at a day-care facility; or
(5) consists of a non-tank type commercial bowl
connected to the plumbing system through a pressurized flushing
device.
SECTION 3. Chapter 372, Health and Safety Code, is amended
by adding Sections 372.0025, 372.0045, and 372.006 to read as
follows:
Sec. 372.0025. EXCEPTION: ACTION BY MUNICIPALITY OR COUNTY.
The governing body of a municipality or county by ordinance or order
may allow the sale in the municipality or county of a urinal or
toilet that does not comply with Section 372.002(b)(4) or (6),
respectively, if the governing body finds that to flush a public
sewer system located in the municipality or county in a manner
consistent with public health, a greater quantity of water is
required because of the configuration of the drainage systems of
buildings located in the municipality or county or the public sewer
system.
Sec. 372.0045. PHASE-IN OF WATER SAVING PERFORMANCE
STANDARDS. (a) Notwithstanding Sections 372.002(b)(3) and (5), at
least the following percentage of the models of urinals and of the
models of toilets offered for sale by a manufacturer in this state
must meet the requirements of Sections 372.002(b)(4) and (6),
respectively:
(1) 50 percent of the models of urinals and of the
models of toilets offered for sale on January 1, 2010;
(2) 67 percent of the models of urinals and of the
models of toilets offered for sale on January 1, 2011;
(3) 75 percent of the models of urinals and of the
models of toilets offered for sale on January 1, 2012; and
(4) 85 percent of the models of urinals and of the
models of toilets offered for sale on January 1, 2013.
(b) Not later than January 31 of each year, a manufacturer
that offers urinals or toilets for sale in this state shall notify
the commission in writing of the percentage of the models of urinals
and of the models of toilets offered for sale by the manufacturer in
this state that meet the requirements of Sections 372.002(b)(4) and
(6), respectively.
(c) This section expires September 1, 2013.
Sec. 372.006. NONWATER-SUPPLIED URINAL PERFORMANCE
STANDARDS. (a) A person may not sell, offer for sale, or distribute
in this state a nonwater-supplied urinal for use in this state
unless the nonwater-supplied urinal:
(1) meets the performance, testing, and labeling
requirements prescribed by the following standards, as applicable:
(A) American Society of Mechanical Engineers
Standard A112.19.19-2006 "Vitreous China Nonwater Urinals"; or
(B) International Association of Plumbing and
Mechanical Officials Standard ANSI Z124.9-2004 "Plastic Urinal
Fixtures";
(2) provides a trap seal that complies with the
building code of the local government in which the urinal is
installed; and
(3) permits the uninhibited flow of waste through the
urinal to the sanitary drainage system.
(b) The manufacturer or importer must submit to the
commission certified test results from a laboratory accredited by
the American National Standards Institute verifying that the
nonwater-supplied urinal conforms to the requirements described by
Subsection (a)(1).
(c) A person who installs a nonwater-supplied urinal shall
install water distribution and fixture supply piping sized to
accommodate a water-supplied urinal to an in-wall point immediately
adjacent to the nonwater-supplied urinal location so that the
nonwater-supplied urinal can be replaced with a water-supplied
urinal if desired by the owner or required by a code enforcement
officer.
(d) A person who owns a nonwater-supplied urinal shall clean
and maintain the nonwater-supplied urinal in accordance with the
manufacturer's instructions.
SECTION 4. Section 5.701(q), Water Code, is amended to read
as follows:
(q) Notwithstanding any other law, fees collected for
deposit to the water resource management account under the
following statutes may be appropriated and used to protect water
resources in this state, including assessment of water quality,
reasonably related to the activities of any of the persons required
to pay a fee under:
(1) Subsections (b) and (c), to the extent those fees
are collected in connection with water use or water quality
permits;
(2) Subsections (h)-(l);
(3) Section 11.138(g);
(4) Section 11.145;
(5) Section 26.0135(h);
(6) Sections 26.0291, 26.044, and 26.0461; or
(7) Sections 341.041, 366.058, and 366.059, Health and
Safety Code[; or
[(8) Section 372.002(d), Health and Safety Code].
SECTION 5. Section 13.506(b), Water Code, is amended to
read as follows:
(b) Not later than the first anniversary of the date an
owner of an apartment house, manufactured home rental community, or
multiple use facility or a manager of a condominium begins to bill
for submetered or allocated water service under Subsection (a), the
owner or manager shall:
(1) remove any toilets that exceed a maximum flow of
3.5 gallons of water per flushing; and
(2) install [1.6-gallon] toilets that meet the
standards prescribed by Section 372.002, Health and Safety Code.
SECTION 6. Sections 372.002(d) and (e) and 372.003(a) and
(b), Health and Safety Code, are repealed.
SECTION 7. The change in law made by Section 372.002, Health
and Safety Code, as amended by this Act, applies only to a plumbing
fixture sold, offered for sale, or distributed in this state on or
after September 1, 2009. A plumbing fixture sold, offered for sale,
or distributed in this state before that date is governed by the law
in effect on the date the sale, offer, or distribution occurred, and
that law is continued in effect for that purpose.
SECTION 8. The change in law made by Section 372.006, Health
and Safety Code, as added by this Act, applies only to a
nonwater-supplied urinal sold, offered for sale, distributed, or
installed, in this state on or after September 1, 2009. A
nonwater-supplied urinal sold, offered for sale, distributed, or
installed in this state before that date is governed by the law in
effect on the date the sale, offer, distribution, or installation
occurred, and that law is continued in effect for that purpose.
SECTION 9. This Act takes effect September 1, 2009.