BILL NUMBER: AB 2496 ENROLLED
BILL TEXT
PASSED THE ASSEMBLY AUGUST 30, 2006
PASSED THE SENATE AUGUST 29, 2006
AMENDED IN SENATE AUGUST 28, 2006
AMENDED IN SENATE JUNE 14, 2006
AMENDED IN ASSEMBLY APRIL 6, 2006
INTRODUCED BY Assembly Member Laird
(Coauthors: Assembly Members Hancock and Mullin)
FEBRUARY 23, 2006
An act to add Section 17921.5 to, to add and repeal Section
17921.4 of, and to repeal and add Section 17921.3 of, the Health and
Safety Code, relating to water conservation appliances.
LEGISLATIVE COUNSEL'S DIGEST
AB 2496, Laird Water conservation: low-flush water closets.
The State Housing Law requires all water closets sold or installed
in this state to be water closets and associated flushometer valves,
if any, that use no more than an average of 1.6 gallons per flush
and urinals and associated flushometer valves, if any, that use no
more than an average of one gallon per flush and requires these water
closets, urinals, and associated flushometer valves to meet
performance standards established by American Society of Mechanical
Engineers standards. Violation of the State Housing Law is punishable
as a misdemeanor.
This bill would require, on and after January 1, 2009, tank type
water closets and flushometer type water closets, as specified, to
use a specified amount of water per flush that is less than currently
allowed if they are installed in new buildings constructed in this
state and all wash-down urinals sold or installed in this state to
use a specified amount of water per flush that is less than currently
allowed.
The bill would require, on and after January 1, 2010, tank type
water closets sold or installed in the state to use a specified
amount of water per flush that is less than currently allowed. It
would also require, on and after January 1, 2011, all
flushometer-type water closets sold or installed in the state to use
a specified amount of water per flush that is less than currently
allowed.
The bill would authorize the California Building Standards
Commission, upon recommendation of the Department of Housing and
Community Development, to delay the 2009, 2010, and 2011
implementation dates specified above by up to 2 years if certain
conditions are met. The bill would also authorize the commission to
lower the water consumption requirements and to update the technical
standards for water closets and urinals, as specified.
This bill would, until January 1, 2009, require a
nonwater-supplied urinal approved for installation or sold in this
state to satisfy specified requirements. The bill would require state
agencies that adopt or propose building standards for plumbing
systems to determine, by January 1, 2008, whether to develop building
standards that would authorize the use of nonwater-supplied urinals
and would require these urinals to meet certain minimal requirements.
By changing the definition of a crime, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17921.3 of the Health and Safety Code is
repealed.
SEC. 2. Section 17921.3 is added to the Health and Safety Code, to
read:
17921.3. (a) All water closets, including any associated
flushometer valves, and urinals installed or sold in this state shall
meet performance, testing, and labeling requirements established by
the American Society of Mechanical Engineers standard A112.19.2-2003,
or A112.19.14-2001, as applicable. No other marking and labeling
requirements shall be required by the state. All water closets,
including any associated flushometer valves, and urinals installed or
sold in this state shall be listed by an American National Standards
Institute accredited third-party certification agency to the
appropriate American Society of Mechanical Engineers standards set
forth in this subdivision. No other listing or certification
requirements shall be required by the state.
(b) (1) All new buildings constructed in this state shall use
water closets that use no more than an average of 1.6 gallons per
flush and urinals that use no more than an average of one gallon per
flush. (2) On and after January 1, 2009, tank type water closets,
including pressure tank water closets, installed in new buildings
constructed in this state and all floor-mounted/floor-outlet and
wall-mounted/wall-outlet flushometer water closets installed in new
buildings constructed in this state shall use no more than an average
of 1.3 gallons per flush for single flush and, for dual flush water
closets, use no more than an average of 1.6 gallons per flush for
solids and 1.1 gallons per flush for liquids.
(3) On and after January 1, 2009, all wash-down urinals installed
in new buildings constructed in this state shall use no more than 0.5
gallon per flush.
(4) All consumption values stated in this subdivision shall be
determined by the test procedures contained in American Society of
Mechanical Engineers standards A112.19.2-2003 and A112.19.14-2001.
(c) (1) All water closets sold or installed in this state shall be
water closets that use no more than an average of 1.6 gallons per
flush and urinals that use no more than an average of one gallon per
flush.
(2) On and after January 1, 2010, tank type water closets,
including pressure tank water closets, sold or installed in this
state shall use no more than an average of 1.3 gallons per flush for
single-flush water closets and, for dual-flush toilets, shall use no
more than an average of 1.6 gallons per flush for solids and 1.1
gallons per flush for liquids.
(3) On and after January 1, 2011, all flushometer-type water
closets sold or installed in this state shall use no more than an
average of 1.3 gallons per flush for single flush and, for dual flush
water closets, use no more than an average of 1.6 gallons per flush
for solids and 1.1 gallons per flush for liquids.
(4) On and after January 1, 2009, all wash-down urinals sold or
installed in this state shall use no more than 0.5 gallon per flush.
(5) All consumption values stated in this subdivision shall be
determined by the test procedures contained in American Society of
Mechanical Engineers standards A112.19.2-2003 and A112.19.14-2001.
(d) The California Building Standards Commission, upon
recommendation of the department, may, by regulation, delay the
implementation dates specified in paragraphs (2), (3), and (4) of
subdivision (b) and paragraphs (2), (3), and (4) of subdivision (c)
by up to two years if the commission determines, based on substantial
evidence in the record, that manufacturers are not capable of
producing sufficient numbers of devices or that there are significant
technical reasons that would make a delay in the public interest.
(e) The California Building Standards Commission may, by
regulation, reduce the quantity of water per flush required pursuant
to this section if deemed appropriate in light of standards
referenced in the most recent version of the California Plumbing
Code, and may refer to successor standards to the standards
referenced in this section if determined appropriate in light of
standards referenced in the most recent version of the California
Plumbing Code.
(f) Any city, county, or city and county may enact an ordinance to
allow the sale and installation of nonlow-consumption water closets
or urinals upon its determination that the unique configuration of
building drainage systems or portions of a public sewer system within
the jurisdiction, or both, requires a greater quantity of water to
flush the system in a manner consistent with public health. At the
request of a public agency providing sewer services within the
jurisdiction, the city, county, or city and county shall hold a
public hearing on the need for an ordinance as provided in this
subdivision. Prior to this hearing or to the enactment of the
ordinance, those agencies responsible for the provision of water and
sewer services within the jurisdiction, if other than the agency
considering adoption of the ordinance, shall be given at least
30-days' notice of the meeting at which the ordinance may be
considered or adopted.
(g) Notwithstanding subdivision (c), on and after January 1, 1994,
water closets and urinals that do not meet the standards referenced
in subdivision (c) may be sold or installed for use only under either
of the following circumstances:
(1) Installation of the water closet or urinal to comply with the
standards referenced in subdivision (c) would require modifications
to plumbing system components located beneath a finished wall or
surface.
(2) The nonlow-consumption water closets, urinals, and flushometer
valves, if any, would be installed in a home or building that has
been identified by a local, state, or federal governmental entity as
a historical site and historically accurate water closets and urinals
that comply with the flush volumes specified in subdivision (c) are
not available.
(h) (1) This section does not preempt any actions of cities,
counties, cities and counties, or districts that prescribe additional
or more restrictive conservation requirements affecting either of
the following:
(A) The sale, installation, or use of low-consumption water
closets, urinals, and flushometer valves that meet the standards
referenced in subdivision (a), (b), or (c).
(B) The continued use of nonlow-consumption water closets,
urinals, and flushometer valves.
(2) This section does not grant any new or additional powers to
cities, counties, cities and counties, or districts to promulgate or
establish laws, ordinances, regulations, or rules governing the sale,
installation, or use of low-consumption water closets, urinals, and
flushometer valves.
(i) As used in this section, the following terms have the
following meanings:
(1) "Floor-mounted/floor-outlet water closets" means models that
are mounted with the fixture base on the floor and discharge to the
drainage system through the floor.
(2) "Nonlow-consumption flushometer valve," "nonlow-consumption
urinal," and "nonlow-consumption water closet" mean devices that use
more than 1.6 gallons per flush for toilets and more than 1.0 gallons
per flush for urinals.
(3) "Urinal" means a water-using urinal.
(4) "Wall-mounted/wall-outlet water closets" means models that are
mounted on the wall and discharge to the drainage system through the
wall.
(5) "Wash-down urinals" means models that operate primarily on a
dilution only, nonsiphonic principle.
SEC. 3. Section 17921.4 is added to the Health and Safety Code, to
read:
17921.4. (a) A nonwater-supplied urinal approved for installation
or sold in this state shall satisfy all of the following
requirements:
(1) Meet performance, testing, and labeling requirements
established by the American Society of Mechanical Engineers standard
A112.19.19-2006.
(2) Be listed by an American National Standards Institute
accredited third-party certification agency to the American Society
of Mechanical Engineers standard A112.19.19-2006.
(3) Provide a barrier liquid sealant to maintain a trap seal.
(4) Permit the uninhibited flow of waste through the urinal to the
sanitary drainage system.
(5) Be cleaned and maintained in accordance with the manufacturer'
s instructions after installation.
(6) Be installed with a water supply rough-in to the urinal
location that would allow a subsequent replacement of the
nonwater-supplied urinal with a water-supplied urinal if desired by
the owner or if required by the enforcement agency.
(b) As used in this section, the following terms have the
following meanings:
(1) "Building" means any structure subject to this part, and any
structure subject to the California Building Standards Law as set
forth in Part 2.5 (commencing with Section 18901).
(2) "Water supply rough-in" means the installation of water
distribution and fixture supply piping sized to accommodate a
water-supplied urinal to an in-wall point immediately adjacent to the
urinal location.
(c) This section shall remain in effect only until January 1,
2009, and as of that date is repealed.
SEC. 4. Section 17921.5 is added to the Health and Safety Code, to
read:
17921.5. (a) By January 1, 2008, state agencies that adopt or
propose building standards for plumbing systems shall determine
whether to develop building standards, for submission to the
California Building Standards Commission in accordance with Section
18930, that would authorize the use of nonwater-supplied urinals. If
building standards are adopted that authorize the use of
nonwater-supplied urinals, the standards shall require
nonwater-supplied urinals to satisfy at least all of the following
requirements:
(1) Meet performance, testing, and labeling requirements
established by the American Society of Mechanical Engineers standard
A112.19.19-2006.
(2) Be listed by an American National Standards Institute
accredited third-party certification agency to the American Society
of Mechanical Engineers standard A112.19.19-2006.
(3) Provide a barrier liquid sealant to maintain a trap seal.
(4) Permit the uninhibited flow of waste through the urinal to the
sanitary drainage system.
(5) Be cleaned and maintained in accordance with the manufacturer'
s instructions after installation.
(6) Be installed with a water supply rough-in to the urinal
location that would allow a subsequent replacement of the
nonwater-supplied urinal with a water-supplied urinal if desired by
the owner or if required by the enforcement agency.
(b) As used in this section, the following terms have the
following meanings:
(1) "Building" means any structure subject to this part, and any
structure subject to the California Building Standards Law as set
forth in Part 2.5 (commencing with Section 18901).
(2) "Water supply rough-in" means the installation of water
distribution and fixture supply piping sized to accommodate a
water-supplied urinal to an in-wall point immediately adjacent to the
urinal location.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district are the result of a program for which legislative authority
was requested by that local agency or school district, within the
meaning of Section 17556 of the Government Code and Section 6 of
Article XIII B of the California Constitution.