BILL NUMBER: AB 2496	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 6, 2006

INTRODUCED BY   Assembly Member Laird

                        FEBRUARY 23, 2006

   An act to  amend   repeal and add 
Section 17921.3 of the Health and Safety Code, relating to water
conservation appliances.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2496, as amended, Laird  Water conservation:  low flush
  low-flush  water closets.  
   Existing law 
    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, 2008, all new
buildings constructed in the state that use tank type use water
closets to use a specified amount of water per flush that is less
than currently allowed  and to meet the most performance
standards of the American Society of Mechanical Engineers  .
It would also require, on and after January 1, 2009, all new
buildings constructed in the state that use flushometer type water
closets  , as specified,  and all  wash-down 
urinals to use a specified amount of water per flush that is less
than currently allowed  and to meet the most recent
performance standards of the American Society of Mechanical Engineers
 .  
   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.  
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


   SECTION 1.    Section 17921.3 of the  
Health and Safety Code   is repealed.  
   17921.3.  (a)  All new buildings constructed in this state shall
use water closets and associated flushometer valves, if any, which
use no more than an average of 1.6 gallons per flush and which meet
performance standards established by American Society of Mechanical
Engineers standards A112.19.2-1990 and A112.19.6-1990, and urinals
and associated flushometer valves, if any, which use no more than an
average of one gallon per flush and which meet performance standards
established by American Society of Mechanical Engineers standards
A112.19.2-1990 and A112.19.6-1990.
   (b)  Any city, county, or city and county may enact an ordinance
to allow the sale and installation of non-low-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.
   (c)  On and after January 1, 1994, all water closets sold or
installed in this state shall be water closets and associated
flushometer valves, if any, which use no more than an average of 1.6
gallons per flush and which meet performance standards established by
American Society of Mechanical Engineers standards A112.19.2-1990
and A112.19.6-1990, and urinals and associated flushometer valves, if
any, which use no more than an average of one gallon per flush and
which meet performance standards established by American Society of
Mechanical Engineers standards A112.19.2-1990 and A112.19.6-1990.
Blowout water closets and associated flushometer valves are exempt
from the flush volume requirements of this section.
   (d)  Notwithstanding subdivision (c), on and after January 1,
1994, water closets and urinals which 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 non-low-consumption water closets, urinals, and
flushometer valves, if any, would be installed in a home or building
which has been identified by a local, state, or federal government
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.
   (e)  (1)  On and after January 1, 1994, all water closets and
urinals sold for installation, or installed, shall be labeled, on
both fixture and container, in accordance with their consumption
classification and the average water consumption, measured in
gallons, for that classification. The fixture label shall be intended
for removal by the purchaser only, and shall so state on the label.

   (2)  The wording on the label shall include, but not necessarily
be limited to, the following:
   "This fixture qualifies according to ASME test procedures as a
low-consumption water closet/urinal with an average consumption flush
of 1.6 gallons or less/1.0 gallon or less."
   (f)  (1)  This section shall not be construed to preempt any
actions of cities, counties, cities and counties, or districts which
prescribe additional or more restrictive conservation requirements
affecting the sale, installation, or use of low-consumption water
closets, urinals, and flushometer valves that meet the standards
referenced in subdivision (c), or affecting the continued use of
non-low-consumption water closets, urinals, and flushometer valves
installed prior to January 1, 1994, that shall result in greater
savings of water than would result under this section.
   (2)  This section shall not be construed as granting 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.
   (g)  As used in this section, "non-low-consumption flushometer
valve," "non-low-consumption urinal," and "non-low-consumption water
closet" shall refer to devices which do not meet the standards
referenced in subdivision (c). 
   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, 2008, tank type water closets,
including pressure tank 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 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, 2009, 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.
   (4) 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.
   (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.
   (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
Engineers standards A112.19.2-2003 and A112.19.14-2001.
   (d) 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.
   (e) 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.
   (f) (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.
   (g) As used in this section, the following phrases 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) "Wall-mounted/wall-outlet water closets" means models that are
mounted on the wall and discharge to the drainage system through the
wall.
   (4) "Wash-down urinals" means models that operate primarily on a
dilution only, nonsiphonic principle. 
   SEC. 3.    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. 

  SECTION 1.    Section 17921.3 of the Health and
Safety Code is amended to read:
   17921.3.  (a) All new buildings constructed in this state shall
use water closets,, urinals, and associated flushometer valves, if
any, that meet the most recent performance standards established by
American Society of Mechanical Engineers standard 112.19.2.
   (b) Any city, county, or city and county may enact an ordinance to
allow the sale and installation of non-low-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.
   (c) (1) All tank type water closets, including pressure tank water
closets, installed in new buildings constructed in this state shall
meet the following requirements:
   (A) Until January 1, 2008, use no more than 1.6 gallons per flush.

   (B) On and after January 1, 2008, use no more than 1.3 gallons per
flush for single flush water closets and, for dual-flush water
closets, use no more than 1.6 gallons per flush for solids and 1.1
gallons per flush for liquids.
   (2) All flushometer-type water closets, other than blowout water
closets and associated flushometer valves, installed in new buildings
constructed in this state shall meet the following requirements:
   (A) Until January 1, 2009, use no more than an average of 1.6
gallons per flush.
   (B) On and after January 1, 2009, use no more than 1.3 gallons per
flush for single flush water closets and, for dual flush water
closets use no more than 1.6 gallons per flush for solids and 1.1
gallons per flush for liquids.
   (3) All urinals installed in new buildings constructed in this
state shall meet the following requirements:
   (A) Until January 1, 2009, use no more than an average of 1.0
gallon per flush.
   (B) On and after January 1, 2009, use no more than 0.5 gallon per
flush.
   (d) Notwithstanding subdivision (c), 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 non-low-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 government
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.
   (e) (1)  All water closets and urinals sold for installation, or
installed, shall be labeled, on both fixture and container, in
accordance with their consumption classification and the average
water consumption, measured in gallons, for that classification. The
fixture label shall be intended for removal by the purchaser only,
and shall so state on the label.
   (2) The wording on the label shall include, but not necessarily be
limited to, the average per-flush water consumption of the water
closet or urinal and for dual flush water closets the per flush water
consumption for solids and the per flush water consumption for
liquids.
   (f) (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 the sale,
installation, or use of low-consumption water closets, urinals, and
flushometer valves that meet the standards referenced in subdivision
(c), or affecting the continued use of non-low-consumption water
closets, urinals, and flushometer valves installed prior to January
1, 1994, that shall result in greater savings of water than would
result under this section.
   (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.
   (g) As used in this section, "non-low-consumption flushometer
valve," "non-low-consumption urinal," and "non-low-consumption water
closet" shall refer to devices that do not meet the standards
referenced in subdivision (c).   
  SEC. 2.    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 will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.