81R5973 ACP-F
 
  By: Ritter H.B. No. 2667
 
 
 
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.