|
REFERENCE TITLE: water efficient plumbing |
|
State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
|
|
HB 2394 |
|
|
|
Introduced by Representatives Engel: Blanc, Cano, Powers Hannley, Salman, Senators Gonzales, Mendez
|
AN ACT
amending sections 45-312, 45-313, 45-313.01 and 45-319, Arizona Revised Statutes; relating to water conservation plumbing requirements.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 45-312, Arizona Revised Statutes, is amended to read:
45-312. Prohibited plumbing fixtures; residential construction
A. Except as provided in sections 45‑315 and 45‑319, beginning January 1, 1994 through December 31, 2019, no a person may not distribute, sell, offer for sale, import or install any plumbing fixture for use in this state in any new residential construction or for replacing plumbing fixtures in existing residential construction, unless the fixtures meet the following water saving performance standards:
1. Lavatory faucets and replacement aerators shall be designed to deliver no more than an average of three gallons of water per minute at a pressure of eighty PSI or shall be equipped with permanent flow control devices that allow delivery of no more than an average of three gallons of water per minute at a pressure of eighty PSI.
2. Kitchen faucets and replacement aerators shall be designed to deliver no more than an average of three gallons of water per minute at a pressure of eighty PSI or shall be equipped with permanent flow control devices that allow delivery of no more than an average of three gallons of water per minute at a pressure of eighty PSI.
3. Shower heads shall be designed to deliver no more than an average of three gallons of water per minute at a pressure of eighty PSI.
4. Water closets shall be designed to use no more than an average of one and six-tenths gallons of water per flush.
5. Urinals shall be designed to use no more than an average of one gallon of water per flush. No urinals may be installed that use a timing device to flush periodically regardless of demand.
6. Evaporative cooling systems and decorative fountains shall be equipped with water recycling or reuse systems.
B. Except as provided in sections 45‑315 and 45‑319, beginning January 1, 2020, a person may not distribute, sell, offer for sale, import or install any plumbing fixture for use in this state in any new residential construction or for replacing plumbing fixtures in existing residential construction, unless the fixtures meet the following water saving performance standards:
1. Lavatory faucets and replacement aerators that are designed to deliver not more than an average of one and one-half gallons of water per minute at a pressure of eighty PSI or that are equipped with permanent flow control devices that allow delivery of not more than an average of one and one-half gallons of water per minute at a pressure of eighty PSI.
2. Kitchen faucets and replacement aerators that are designed to deliver not more than an average of one and one-half gallons of water per minute at a pressure of eighty PSI or that are equipped with permanent flow control devices that allow delivery of not more than an average of one and one-half gallons of water per minute at a pressure of eighty PSI.
3. Shower heads that are designed to deliver not more than an average of two gallons of water per minute at a pressure of eighty PSI.
4. Water closets that are designed to use not more than an average of one and twenty-eight hundredths gallons of water per flush.
5. Urinals that are designed to use not more than an average of one‑half gallon of water per flush. No urinals may be installed that use a timing device to flush periodically regardless of demand.
6. Evaporative cooling systems and decorative fountains that are equipped with water recycling or reuse systems.
Sec. 2. Section 45-313, Arizona Revised Statutes, is amended to read:
45-313. Prohibited plumbing fixtures; commercial, industrial and public construction
A. Except as provided in sections 45‑315 and 45‑319, beginning January 1, 1994 through December 31, 2019, no a person may not distribute, sell, offer for sale, import or install any plumbing fixtures for use in this state in any new commercial, industrial or public construction or for replacing plumbing fixtures in existing commercial, industrial or public construction, unless the fixtures meet the following water saving performance standards:
1. Lavatory faucets shall be equipped with a mechanism that causes the faucet to close automatically after delivering no more than one-fourth gallon of water or shall be designed to deliver no more than an average of one‑half gallon of water per minute at a pressure of eighty PSI.
2. Shower heads shall be designed to deliver no more than an average of three gallons of water per minute at a pressure of eighty PSI.
3. Water closets shall be designed to use no more than an average of one and six-tenths gallons of water per flush.
4. Urinals shall be designed to use no more than an average of one gallon of water per flush. No urinals may be installed that use a timing device to flush periodically regardless of demand.
5. Evaporative cooling systems and decorative fountains shall be equipped with water recycling or reuse systems.
B. Except as provided in sections 45‑315 and 45‑319, beginning January 1, 2020, a person may not distribute, sell, offer for sale, import or install any plumbing fixtures for use in this state in any new commercial, industrial or public construction or for replacing plumbing fixtures in existing commercial, industrial or public construction, unless the fixtures meet the following water saving performance standards:
1. Lavatory faucets that are equipped with a mechanism that causes the faucet to close automatically after delivering not more than one‑fourth gallon of water or that are designed to deliver not more than an average of one‑half gallon of water per minute at a pressure of eighty PSI.
2. Shower heads that are designed to deliver not more than an average of two gallons of water per minute at a pressure of eighty PSI.
3. Water closets that are designed to use not more than an average of one and twenty-eight hundredths gallons of water per flush.
4. Urinals that are designed to use not more than an average of one‑half gallon of water per flush. No urinals may be installed that use a timing device to flush periodically regardless of demand.
5. Evaporative cooling systems and decorative fountains that are equipped with water recycling or reuse systems.
Sec. 3. Section 45-313.01, Arizona Revised Statutes, is amended to read:
45-313.01. Water free urinals; state buildings
Every effort shall be made to install water free urinals in all new state buildings constructed after the effective date of this section August 25, 2004 that constitute capital projects as defined in section 41‑790 and to install water free urinals in existing state buildings. The director of the department of administration shall endeavor to install as many water free urinals in as many state buildings as possible if the director determines that, given all of the circumstances, their use is in the best interest of this state.
Sec. 4. Section 45-319, Arizona Revised Statutes, is amended to read:
45-319. Exception; preemption
A. The requirements of this article that are effective beginning on January 1, 1994 do not apply to any plumbing fixture that is documented to have been purchased by a plumbing wholesaler, retailer or end user and that is actually located in this state before January 1, 1994.
B. The requirements of this article that are effective beginning on January 1, 2020 do not apply to any plumbing fixture that is documented to have been purchased by a plumbing wholesaler, retailer or end user and that is actually located in this state before January 1, 2020.
B. C. An ordinance adopted by a county, city or town relating to water conserving low-flow plumbing fixtures is not preempted by this article to the extent that the ordinance sets forth requirements that are at least as restrictive as the requirements of this article or regulates fixtures that are not specified in this article, but any such ordinance is preempted to the extent that its requirements are less restrictive than the requirements of this article.