AN ACT Relating to water conservation; amending RCW 90.03.005; adding new sections to chapter 19.27 RCW; adding a new section to chapter 43.21A RCW; adding new sections to chapter 70.116 RCW; adding a new section to chapter 90.48 RCW; adding a new section to chapter 90.54 RCW; creating new sections; and making appropriations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature recognizes that waters of the state are a limited but renewable resource subject to ever increasing demands. In 1988, the legislature established a broad-based water use efficiency study committee to systematically examine water use efficiency and conservation in the state. As that committee found, several recent changes in water resource policy increase the need for more effective management. Contributing factors include:

(1) Shrinkage of federal participation in new water project development;

(2) The increasing cost of developing new water projects;

(3) Increased energy costs for pumping and the increased value of foregone energy production;

(4) Scarcity of economical and environmentally acceptable storage sites;

(5) Environmental consequences of new source development;

(6) Water quality degradation from return flows and sewage effluent;

(7) Increased demand for protection and restoration of instream values; and

(8) Development of new water saving methods in all water use sectors.

The water use efficiency study concluded that effective and realistic options exist to improve efficiency and maximize the benefits from water resources within the existing legal framework for water allocation and use. The legislature therefore recognizes that in addition to water storage facilities or other programs to increase water supplies, improved efficiency of water use should receive greater emphasis in the management and use of the state's water resources.

Sec. 2. Section 8, chapter 216, Laws of 1979 ex. sess. and RCW 90.03.005 are each amended to read as follows:

It is the policy of the state to promote the use of the public waters in a fashion which provides for obtaining maximum net benefits arising from both diversionary uses of the state's public waters and the retention of waters within streams and lakes in sufficient quantity and quality to protect instream and natural values and rights. Consistent with this policy, the state supports economically feasible and environmentally sound development of physical facilities through the concerted efforts of the state with the United States, public corporations, Indian tribes, or other public or private entities. Further, based on the tenet of water law which precludes wasteful practices in the exercise of rights to the use of waters, the department of ecology shall reduce these practices to the maximum extent practicable, taking into account sound principles of water management, the benefits of improved water use efficiency, and the most effective use of public and private funds, and, when appropriate, to work to that end in concert with the agencies of the United States and other public and private entities.

NEW SECTION. Sec. 3. A new section is added to chapter 70.116 RCW to read as follows:

(1) The department of social and health services in consultation with the department of ecology shall include provisions for water conservation in rules for the protection of public water systems adopted pursuant to RCW 43.20.050. At a minimum, these provisions shall include:

(a) An estimate of past, current, and projected water use. To the extent records are available, this estimate shall segregate those uses among residential, industrial, commercial, and governmental uses;

(b) Recognition of conservation as a source alternative in water supply planning;

(d) A description of additional conservation measures, with an evaluation of their costs, the economic and environmental value of the conserved water, and their environmental and other significant impacts;

(e) An implementation schedule for proposed actions identified in the plan; and

(f) A description of the frequency and magnitude of projected supply deficiencies including conditions of drought and emergency, and a description of the purveyor's ability to meet short-term deficiencies.

(2) In addition to the provisions for water conservation required under this section, a plan that indicates a need for expanded or additional water supplies shall contain an evaluation of the following policies and measures:

(a) Existing, planned or potential exchanges or transfers of water on a short-term or long-term basis;

(b) Management of water system pressures and peak demands;

(d) Public information and education programs to promote wise use and eliminate waste; and

(e) Changes in pricing, rate structures, and regulations.

(3) Evaluation of the provisions of this section shall include a comparison of the estimated cost of the potential water conservation policies and measures with the incremental costs of expanded or additional water supplies. Those water conservation policies and measures that offer a public water system lower incremental costs than expanded or additional water supplies, considering all other evaluation factors, shall be implemented prior to any expansion of the water supply.

NEW SECTION. Sec. 4. A new section is added to chapter 70.116 RCW to read as follows:

(1) The department of social and health services shall in 1991 and every five years thereafter prepare and submit to the legislature a report summarizing the status of the plans adopted pursuant to this chapter.

(2) The requirements of section 3 of this act shall be satisfied by any water conservation plan prepared to meet federal laws or regulations that establish national water conservation standards after the effective date of this section and which plan substantially meets the requirement of section 3 of this act or by an existing water management or conservation plan that includes the contents of a plan required under section 3 of this act.

NEW SECTION. Sec. 5. A new section is added to chapter 70.116 RCW to read as follows:

(1) Each purveyor within the boundaries of a critical water supply service area defined in this chapter shall develop and implement a rate structure designed to encourage water conservation.

(2) The sum of one hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to the department of social and health services for the purposes of providing technical assistance to purveyors pursuant to subsection (1) of this section.

NEW SECTION. Sec. 6. A new section is added to chapter 19.27 RCW to read as follows:

(1) The state building code council shall promulgate rules pursuant to chapter 34.05 RCW for the purpose of adopting a revised state plumbing code. The revised code shall be designed to achieve the maximum water conservation benefits relative to buildings constructed or remodeled in the state. The council shall follow the legislature's guidelines as set forth in this section to design a revised code that requires low-volume plumbing fixtures in all new construction and all remodeling or repair involving replacement of plumbing fixtures. The revised code shall apply to all residential, hotel, motel, industrial, or commercial use buildings. In addition to the guidelines set forth, the revised code shall take into account the availability of low-volume fixtures to achieve the maximum water efficiency which is technologically feasible and economically justified.

(a) Standards for waterclosets. The guideline for maximum water use allowed in gallons per flush (gpf) for any of the following waterclosets is the following:

Tank-type toilets!w× 1.6 gpf.

Flushometer-valve toilets!w× 1.6 gpf.

Flushometer-tank toilets!w× 1.6 gpf.

Electromechanical hydraulic toilets!w× 1.6 gpf.

(b) Standard for urinals. The guideline for maximum water use allowed for any urinal is 1.0 gallons per flush.

(d) Standard for faucets. The guideline for maximum water use allowed in gallons per minute (gpm) for any of the following faucets and replacement aerators is the following:

Bathroom faucets!w× 2.5 gpm.

Lavatory faucets!w× 2.5 gpm.

Kitchen faucets!w× 2.5 gpm.

Replacement aerators!w× 2.5 gpm.

(e) Except where designed and installed for use by the physically handicapped, lavatory faucets located in restrooms intended for use by the general public must be equipped with a metering valve designed to close by spring or water pressure when left unattended (self-closing).

(f) No urinal or water closet that operates on a continuous flow or continuous flush basis shall be permitted.

(2) The council shall publish the revision as proposed rules pursuant to chapter 34.05 RCW and provide for the rules to become effective by July 1, 1991. All cities, towns, and counties shall enforce the revised plumbing standards by July 1, 1991.

(3) The revisions to the state plumbing code shall supersede all local government codes except that cities, towns, and counties may adopt more efficient water conservation plumbing fixture requirements if the builder or owner is reimbursed for those net additional costs to the consumer of conservation components attributable to the more efficient codes.

NEW SECTION. Sec. 7. A new section is added to chapter 19.27 RCW to read as follows:

The state building code council shall, in consultation with the department of social and health services and the department of ecology, evaluate and proceed with necessary changes in the state plumbing code to allow for reuse of greywater, which is water collected through the shower and bath, kitchen and bathroom sinks, and washing machine. The changes shall allow for the construction of residential plumbing systems designed to save water through the recycling of greywater. The greywater shall be put to use in flushing the toilet, lawn watering, and other appropriate uses. Additional plumbing requirements deemed appropriate by the council, including separate toilet supply lines, washwater drain lines, recycle system vents and connections, and other plumbing-related requirements shall be developed.

NEW SECTION. Sec. 8. A new section is added to chapter 90.48 RCW to read as follows:

The department of ecology shall amend its rules relating to the submission of sewer plans by governmental agencies to require a discussion of water conservation measures considered or underway and their anticipated impact on public sewer service.

NEW SECTION. Sec. 9. (1) The department of ecology shall conduct a comprehensive study and report to the legislature on the availability of new water sources including, but not limited to those sources involving (a) storage and reregulating structures, (b) water conservation measures, (c) reuse opportunities, (d) conjunctive use of surface and ground water, and (e) use and recharge of ground water.

(2) The sum of two hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to the department of ecology for the purposes of the study required by subsection (1) of this section.

NEW SECTION. Sec. 10. A new section is added to chapter 90.54 RCW to read as follows:

(1) Based on the recommendations of the water use efficiency committee, the department of ecology shall establish a task force to assist in a state-wide evaluation of irrigated areas, not to exceed six months in duration, to determine the associated impacts of efficiency measures, efficiency opportunities, and local interest. The department and the task force shall establish a list of basin and stream efficiency initiatives and select an irrigation area for a voluntary demonstration project.

(2) A "conservation assessment" as described in this section shall be conducted before a demonstration project to increase the efficiency of irrigated agriculture is undertaken for an irrigated area, a basin, subbasin, or stream. The conservation assessment should:

(a) Evaluate existing patterns and priorities of water use;

(b) Assess conflicting needs for future water allocations and claims to reserved rights;

(d) Identify guidelines and criteria for reasonable efficiency and best management practices;

(e) Assess alternative efficiency measures;

(f) Determine the likely net effect of efficiency improvements including the amount and timing of water that would be saved and potential benefits and impacts to other water uses and resources;

(g) Evaluate the full range of costs and benefits that would accrue from various measures; and

(h) Evaluate the potential for integrating conservation efforts with operation of existing or potential storage facilities.

(3) The conservation assessment shall be used as the basis for development of a demonstration conservation plan to rank conservation elements based on relative costs, benefits, and impacts. It shall also estimate the costs of implementing the plan and propose a specific basis for cost share distributions.

The demonstration conservation plan shall be developed jointly by the department and a conservation plan formulation committee consisting of representatives of a cross-section of affected local water users, members of the public, and tribal governments. Other public agencies with expertise in water resource management may participate as nonvoting committee members. A proposed demonstration conservation plan may be approved by the department and the committee only after public comment has been received.

(4) The department shall establish an implementation oversight committee comprised of local water interests and public members to assist in implementation of the demonstration conservation plan.

(5) The sum of three hundred twenty-five thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to the department of ecology for the purposes of establishing the task force, conducting the assessments, and beginning the demonstration project provided for in this section. To the extent the proposed project is designed to improve water quality as well as efficiency, an additional two hundred thousand dollars, or as much thereof as may be necessary, is appropriated from the centennial clean water fund for implementation of the demonstration conservation project.

NEW SECTION. Sec. 11. A new section is added to chapter 43.21A RCW to read as follows:

(1) The department of ecology, in conjunction with the superintendent of public instruction, shall identify, evaluate, and recommend programs to educate the public about the need for and methods of using water resources efficiently.

At a minimum, the program elements shall include the following:

(a) A survey of the level of knowledge regarding water conservation and water use efficiency to help design the education program in terms of target audience and geographic scope;

(b) A state-wide media campaign encouraging water use efficiency which includes using print, television, radio, billboards, displays, and other means;

(c) Development of water efficiency certification standards for consumer goods such as appliances and indoor and outdoor plants. Development of a water efficient logo for certified appliances and plants.

(d) Compilation and dissemination of information on actual water needs of gardens, lawns and shrubs in comparison to instream needs of fisheries, recreation, and water quality.

(e) Development of specific information on how various users can identify inefficient uses of water and how they can make improvements in their efficiency of use, including information analyzing potential water and money savings.

(f) Presentation of biannual dramatic education programs to schools around the state. Support materials for the classroom should be provided to teachers.

(g) Development of teacher training workshops for which teachers receive continuing education credits. These workshops would serve to give background information on Washington's resources and environmental issues.

(h) Encouragement and development of public-private partnerships to educate water users and foster conservation and improved water use efficiency.

(i) Encouragement of utilities to combine energy and water audit programs.

(j) Development and implementation of a formal recognition program to acknowledge significant contributions and efforts to water conservation and improvements in efficiency of use by public and private organizations and individuals.

(k) Initiation of an education program on the value of water reuse as a means of meeting future demands for water.

(l) Development of demonstration projects in selected areas of the state to demonstrate the feasibility and desirability of water conservation and improvements in water use efficiency to specific target audiences.

(2) The sum of five hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to the department of ecology for the purposes of this section.