BILL REQ. #:  H-3955.1 



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SUBSTITUTE HOUSE BILL 2414
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State of Washington63rd Legislature2014 Regular Session

By House Environment (originally sponsored by Representatives Fitzgibbon, Farrell, Senn, Ryu, and Pollet)

READ FIRST TIME 02/05/14.   



     AN ACT Relating to water conservation appliances; amending RCW 19.27.170; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that:
     (1) Water is vital to the survival of life on the planet and is limited in supply. One way to help extend Washington's water supply is by promoting water efficiency and enhancing the market for water efficient products, programs, and practices;
     (2) Bathrooms are, by far, the largest user of water inside homes and buildings, and responsible for about one-half of total indoor water use;
     (3) Toilets account for approximately thirty percent of residential indoor water consumption. Toilets are a major source of wasted water due to leaks or inefficiencies. Under federal and state law, toilets sold in the United States must not exceed 1.6 gallons per flush. High efficiency toilets go beyond the standard and use less than 1.3 gallons per flush. Power assist and pressure assist toilets use even less water. Tests and research demonstrate that high efficiency toilets, meeting the United States environmental protection agency's watersense specifications conserve water and work as well or better than high volume toilets. If all homes and buildings in the United States replaced old toilets with new high efficiency toilets, the savings would be more than five hundred twenty billion gallons of water a year;
     (4) Besides saving water and reducing a customer's costs, water efficiency offers many other benefits:
     (a) Less water withdrawn from rivers, lakes, and aquifers, which helps keep these water bodies healthy;
     (b) Improved water quality due to increased river flows;
     (c) Less energy required to pump and treat the water and wastewater, therefore less greenhouse gas emissions;
     (d) Less wastewater that requires collection, treatment, and disposal; and
     (e) Less pollution from treated wastewater in our streams and waterways;
     (5) Current codes adopt nationally recognized performance and water efficiency standards by which plumbing fixtures and fitting efficiencies are measured. The current state building code, state plumbing code, and the international green construction code adopt standards that define the terms "high efficiency toilet," "dual flush toilet," and "single flush toilet";
     (6) The state building code council adopts and maintains the state building code and accordingly requires standards in terms of performance and nationally accepted standards. The state building code council regularly reviews updated versions of the model codes that comprise the state building code, and adopts and amends the state building code in a manner that is consistent with the state's interests as prescribed by law; and
     (7) The state building code council will commence their next update of the state building code in 2015 and complete their rule making by December 1, 2015.

Sec. 2   RCW 19.27.170 and 1991 c 347 s 16 are each amended to read as follows:
     (1) The state building code council shall adopt rules under chapter 34.05 RCW during the 2015 code adoption period to become effective July 1, 2016, that implement and incorporate the water conservation performance standards in this subsection and subsections (4) and (5) of this section. These standards shall apply to all new construction and all remodeling involving replacement of plumbing fixtures in all residential, hotel, motel, school, industrial, commercial use, or other occupancies determined by the council to use significant quantities of water.
     (2) ((The legislature recognizes that a phasing-in approach to these new standards is appropriate. Therefore, standards in subsection (4) of this section shall take effect on July 1, 1990. The standards in subsection (5) of this section shall take effect July 1, 1993.)) By July 1, 2015, all fixtures, fittings, and toilets, other than toilets used by children in day care facilities and toilets used in bariatric applications, sold, offered for sale, or distributed in the state shall meet the requirements of subsection (4) of this section.
     (3)(a) No individual, public or private corporation, firm, political subdivision, government agency, or other legal entity may, for purposes of use in this state, distribute, sell, offer for sale, import, install, or approve for installation any plumbing fixtures unless the fixtures meet the standards as provided for in this section.
     (b) If a retailer is able to show proof that a product prohibited for sale under this subsection was in stock and physically in the retail location before the effective date of this section, that retail location may sell that product until it is depleted, or until January 1, 2016.
     (4) Standards for water use efficiency effective July 1, ((1990)) 2016.
     (a) Standards for waterclosets. The ((guideline)) requirement for maximum water use allowed in gallons per flush (gpf) for any of the following waterclosets is the following:

     Tank-type toilets . . . . . . . . . . . . ((3.5)) 1.28 gpf.
     Flushometer((-valve)) nontank toilets . . . . . . . . . . . . ((3.5)) 1.6 gpf.
     ((Flushometer-tank toilets . . . . . . . . . . . . 3.5 gpf.
     Electromechanical hydraulic toilets . . . . . . . . . . . . 3.5 gpf.))


     (b) Standard for urinals. The ((guideline)) requirement for maximum water use allowed for any urinal is ((3.0)) 0.5 gallons per flush.
     (c) ((Standard for showerheads. The guideline for maximum water use allowed for any showerhead is 3.0 gallons per minute.
     (d))) Standard for faucets. The ((guideline)) requirement for maximum water use allowed in gallons per minute (gpm) for any of the following faucets and replacement aerators is the following:
     ((Bathroom faucets . . . . . . . . . . . . 3.0 gpm.))
     Lavatory faucets . . . . . . . . . . . . ((3.0)) 0.5 gpm.
     Kitchen faucets . . . . . . . . . . . . ((3.0)) 2.2 gpm.
     Replacement aerators . . . . . . . . . . . . ((3.0)) 2.2 gpm.


     (((e))) (d) Except where designed and installed for use by ((the physically handicapped)) individuals with disabilities, 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). Metered faucets must deliver a maximum of 0.26 gallons per cycle.
     (((f))) (e) No urinal or watercloset that operates on a continuous flow or continuous flush basis shall be permitted.
     (f) The state building code council shall allow exceptions for alternate technologies, such as composting and incineration toilets, and shall allow exceptions to account for any drain line carry deficiency conditions.
     (5) Standards for water use efficiency effective July 1, ((1993)) 2019.
     (((a))) Standards for waterclosets. The ((guideline)) requirement for maximum water use allowed in gallons per flush (gpf) for any of the following waterclosets is the following:
     ((Tank-type toilets . . . . . . . . . . . . 1.6 gpf.))
     Flushometer((-tank)) toilets . . . . . . . . . . . . ((1.6)) 1.28 gpf.
     ((Electromechanical hydraulic toilets . . . . . . . . . . . . 1.6 gpf.


     (b) Standards for urinals. The guideline for maximum water use allowed for any urinal is 1.0 gallons per flush.
     (c) Standards for showerheads. The guideline for maximum water use allowed for any showerhead is 2.5 gallons per minute.
     (d) Standards for faucets. The guideline for maximum water use allowed in gallons per minute for any of the following faucets and replacement aerators is the following:
     Bathroom faucets . . . . . . . . . . . . 2.5 gpm.
     Lavatory faucets . . . . . . . . . . . . 2.5 gpm.
     Kitchen faucets . . . . . . . . . . . . 2.5 gpm.
     Replacement aerators . . . . . . . . . . . . 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 water pressure when unattended (self-closing).
     (f) No urinal or watercloset that operates on a continuous flow or continuous basis shall be permitted.))
     (6) The building code council shall ((establish methods and procedures for testing and identifying fixtures that meet the standards established in subsection (5) of this section. The council shall use the testing standards designated as American national standards, written under American national standards institute procedures or other widely recognized national testing standards. The council shall either review test results from independent testing laboratories that are submitted by manufacturers of plumbing fixtures or accept data submitted to and evaluated by the international association of plumbing and mechanical officials. The council shall publish and widely distribute a current list of fixtures that meet the standards established in subsection (5) of this section.
     (7) The building code council shall adopt rules for marking and labeling fixtures meeting the standards established in subsection (5) of this section.
     (8) This section shall not apply to fixtures installed before July 28, 1991, that are removed and relocated to another room or area of the same building after July 28, 1991, nor shall it apply to fixtures, as determined by the council, that in order to perform a specialized function, cannot meet the standards specified in this section)) recognize conformity assessment bodies conforming to ISO/IEC 17065 requirements for bodies certifying products, processes, and services for the testing and listing of fixtures and fittings as adopted in the state building code and the standards as established in subsections (1), (4), and (5) of this section.
     (((9))) (7) The water conservation performance standards shall supersede all local government codes. After July 1, ((1990)) 2016, cities, towns, and counties shall not amend the code revisions and standards established under subsection (4) or (5) of this section.

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