AN ACT Relating to preserving water resources for an array of water supply needs, including irrigated agriculture, fish and wildlife habitat, and municipal use, by updating water conservation standards for appliances; amending RCW 90.54.180 and 19.27.170; and creating a new section.

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

(1) Water is a finite resource, yet clean and plentiful water is essential to both healthy communities and ecosystems. Making better use of our existing water supplies will help ensure that more water remains available for agriculture, instream flows and fish, homes and businesses, and for other socially productive purposes;

(2) Plumbing fixtures, including faucets, showerheads, toilets, and urinals, are a major year-round source of water use;

(3) Water-efficient plumbing fixtures perform as well or better than standard models and save money on water and sewer bills for the state's families, businesses, schools, and local governments;

(4) Besides saving water and reducing a customer's costs, water efficiency offers other benefits:

(a) Substantial energy savings from more efficient faucets and showerheads;

(b) Less wastewater that requires collection, treatment, and disposal; and

(c) Less pollution from treated wastewater in our streams and waterways;

(5) Current Washington codes adopt nationally recognized performance and water efficiency standards by which plumbing fixtures and fitting efficiencies are measured. While Washington has not updated its water conservation standards since 1993, the current state building and plumbing codes do include standards that apply to defined types of plumbing fixtures "high efficiency toilet," "dual flush toilet," and "single flush toilet"; and

(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.

Sec. 2.  RCW 90.54.180 and 2007 c 445 s 9 are each amended to read as follows:

Consistent with the fundamentals of water resource policy set forth in this chapter, state and local governments, individuals, corporations, groups and other entities shall be encouraged to carry out water use efficiency and conservation programs and practices consistent with the following:

(1) Water efficiency and conservation programs should utilize an appropriate mix of economic incentives, cost share programs, regulatory programs, and technical and public information efforts. Programs which encourage voluntary participation are preferred. Programs should also consider the water efficiency standards established in RCW 19.27.170 and should prioritize gaps that are not covered by state efficiency standards or rules and that possess substantial potential for water conservation achievements.

(2) Increased water use efficiency and reclaimed water should receive consideration as a potential source of water in state and local water resource planning processes. In determining the cost-effectiveness of alternative water sources, consideration should be given to the benefits of conservation, waste water recycling, and impoundment of waters. Where reclaimed water is a feasible replacement source of water, it shall be used by state agencies and state facilities for nonpotable water uses in lieu of the use of potable water. For purposes of this requirement, feasible replacement source means (a) the reclaimed water is of adequate quality and quantity for the proposed use; (b) the proposed use is approved by the departments of ecology and health; (c) the reclaimed water can be reliably supplied by a local public agency or public water system; and (d) the cost of the reclaimed water is reasonable relative to the costs of conservation or other potentially available supplies of potable water, after taking into account all costs and benefits, including environmental costs and benefits.

(3) In determining the cost-effectiveness of alternative water sources, full consideration should be given to the benefits of storage which can reduce the damage to stream banks and property, increase the utilization of land, provide water for municipal, industrial, agricultural, and other beneficial uses, provide for the generation of electric power from renewable resources, and improve streamflow regimes for fishery and other instream uses.

(4) Entities receiving state financial assistance for construction of water source expansion or acquisition of new sources shall develop, and implement if cost-effective, a water use efficiency and conservation element of a water supply plan pursuant to RCW 43.20.230(1).

(5) State programs to improve water use efficiency should focus on those areas of the state in which water is overappropriated; areas that experience diminished streamflows or aquifer levels; regional areas that the governor has identified as high priority for investments in improved water quality and quantity, including the Spokane river, the Columbia river basin, and the Puget Sound; areas most likely to be affected by global warming; and areas where projected water needs, including those for instream flows, exceed available supplies.

(6) Existing and future generations of citizens of the state of Washington should be made aware of the importance of the state's water resources and the need for wise and efficient use and development of this vital resource. In order to increase this awareness, state agencies should integrate public information programs on increasing water use efficiency into existing public information efforts. This effort shall be coordinated with other levels of government, including local governments and Indian tribes.

Sec. 3.  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, not later than during the 2018 code adoption period and to become effective by no later than July 1, 2019, 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, 2018, 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.

(4)(a) Standards for water use efficiency effective by no later than July 1, ((1990)) 2019.

(((a))) (i) 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:

 

(((b))) (ii) Standard for urinals. The ((guideline)) requirement for maximum water use allowed for any urinal is ((3.0)) 0.5 gallons per flush.

(((c))) (iii) Standard for showerheads. The guideline for maximum water use allowed for any showerhead is ((3.0)) 2.5 gallons per minute.

(((d))) (iv) 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:

(((e))) (v) 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))) (vi) No urinal or watercloset that operates on a continuous flow or continuous flush basis shall be permitted.

(5) Standards for water use efficiency effective July 1, ((1993)) 2022.

(((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:

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

(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.

(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)) the rule effective date established in subsection (1) of this section, 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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