By Brown S.B. No. 1331
77R5924 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to water and energy saving performance standards and
1-3 related labeling requirements for clothes-washing machines.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 372.001, Health and Safety Code, is
1-6 amended by amending Subdivisions (3) and (4) and adding Subdivision
1-7 (5) to read as follows:
1-8 (3) "Modified energy factor" and "water consumption
1-9 factor" have the meanings assigned by 10 C.F.R. Part 430, Subpart
1-10 B, Appendix J, as that appendix existed on September 1, 2001.
1-11 (4) "Plumbing fixture" means a sink faucet, lavatory
1-12 faucet, faucet aerator, shower head, urinal, toilet, flush valve
1-13 toilet, or drinking water fountain.
1-14 (5) [(4)] "Toilet" means a toilet or water closet
1-15 except a wall-mounted toilet that employs a flushometer or flush
1-16 valve.
1-17 SECTION 2. Chapter 372, Health and Safety Code, is amended by
1-18 adding Section 372.0015 to read as follows:
1-19 Sec. 372.0015. EXEMPTION. This chapter does not apply to a
1-20 clothes-washing machine with a capacity of more than 3.5 cubic feet
1-21 or less than 1.6 cubic feet.
1-22 SECTION 3. Section 372.002, Health and Safety Code, is
1-23 amended by amending Subsections (a) and (c)-(f) and adding
1-24 Subsection (g) to read as follows:
2-1 (a) A person may not sell, offer for sale, distribute, or
2-2 import into this state a plumbing fixture or clothes-washing
2-3 machine for use in this state unless:
2-4 (1) the plumbing fixture meets the water saving
2-5 performance standards provided by Subsection (b); [and]
2-6 (2) the clothes-washing machine meets the water and
2-7 energy saving performance standards provided by Subsection (c); and
2-8 (3) the plumbing fixture or clothes-washing machine is
2-9 listed by the commission under Subsection (d) [(c)].
2-10 (c) For a clothes-washing machine, the water consumption
2-11 factor may not exceed 9.5 gallons per cubic foot per cycle and the
2-12 modified energy factor must be at least 1.42 cubic feet per
2-13 kilowatt-hours per cycle, as determined using the test procedures
2-14 established by the United States Department of Energy as specified
2-15 in 10 C.F.R. Part 430, Subpart B, Appendix J, as that appendix
2-16 existed on September 1, 2001.
2-17 (d) The commission shall make and maintain a current list of
2-18 plumbing fixtures that are certified to the commission by the
2-19 manufacturer or importer to meet the water saving performance
2-20 standards established by Subsection (b) and of clothes-washing
2-21 machines that are certified to the commission by the manufacturer
2-22 or importer to meet the water and energy saving performance
2-23 standards established by Subsection (c). To have a plumbing
2-24 fixture or clothes-washing machine included on the list, a
2-25 manufacturer or importer must supply to the commission, in the form
2-26 prescribed by the commission, the identification and the
2-27 performance specifications of the plumbing fixture or
3-1 clothes-washing machine. The commission may test a listed fixture
3-2 or machine to determine the accuracy of the manufacturer's or
3-3 importer's certification and shall remove from the list a fixture
3-4 or machine the commission finds to be inaccurately certified.
3-5 (e) [(d)] The commission may assess against a manufacturer
3-6 or an importer a reasonable fee for an inspection of a product to
3-7 determine the accuracy of the manufacturer's or importer's
3-8 certification in an amount determined by the commission to cover
3-9 the expenses incurred in the administration of this chapter. A fee
3-10 received by the commission under this subsection shall be deposited
3-11 in the state treasury to the credit of the water resource
3-12 management account and may be used only for the administration of
3-13 this chapter.
3-14 (f) [(e)] The commission shall, to the extent appropriate
3-15 and practical, employ the standards designated American National
3-16 Standards by the American National Standards Institute and the
3-17 standards established by the United States Department of Energy in
3-18 determining or evaluating performance standards or testing
3-19 procedures under this chapter.
3-20 (g) [(f)] This section does not apply to:
3-21 (1) a plumbing fixture that has been ordered by or is
3-22 in the inventory of a building contractor or a wholesaler or
3-23 retailer of plumbing fixtures on January 1, 1992;
3-24 (2) a fixture, such as a safety shower or aspirator
3-25 faucet, that, because of the fixture's specialized function, cannot
3-26 meet the standards provided by this section;
3-27 (3) a fixture originally installed before January 1,
4-1 1992, that is removed and reinstalled in the same building on or
4-2 after that date; or
4-3 (4) a fixture imported only for use at the importer's
4-4 domicile.
4-5 SECTION 4. Sections 372.003(c) and (e), Health and Safety
4-6 Code, are amended to read as follows:
4-7 (c) The commission by rule shall prohibit the sale, offering
4-8 for sale, distribution, or importation into this state of a new
4-9 commercial or residential clothes-washing machine, dish-washing
4-10 machine, or lawn sprinkler unless:
4-11 (1) the manufacturer has furnished to the commission,
4-12 in the form prescribed by the commission, the identification and
4-13 performance specifications of the device; [and]
4-14 (2) the clothes-washing [or dish-washing] machine [or
4-15 lawn sprinkler] is labeled in accordance with rules adopted by the
4-16 commission with a statement that describes the device's water and
4-17 energy use characteristics, including the water consumption factor
4-18 and modified energy factor; and
4-19 (3) the dish-washing machine or lawn sprinkler is
4-20 labeled in accordance with rules adopted by the commission with a
4-21 statement that describes the device's water use characteristics.
4-22 (e) This section shall not apply to those [clothes-washing
4-23 or] dish-washing machines that are subject to and in compliance
4-24 with the labeling requirements of the National Appliance Energy
4-25 Conservation Act of 1987, Public Law 100-12.
4-26 SECTION 5. This Act takes effect September 1, 2001.