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79R1331 SLO-F
By: Puente H.B. No. 1223
A BILL TO BE ENTITLED
AN ACT
relating to performance standards for toilets sold in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The legislature finds that:
(1) water conservation measures will make the most
effective use of the state's water resources;
(2) the state's water plan has achieved significant
water conservation through the installation in new construction of
toilets using 1.6 gallons per flush and through the replacement of
inefficient toilets with toilets using 1.6 gallons per flush;
(3) many parts of the state could suffer water
shortages and the state could suffer a financial burden if the water
savings expected to be achieved by this Act do not occur;
(4) some current gravity toilets will use
significantly more water than 1.6 gallons per flush because of
their design;
(5) toilet standards should ensure good performance;
(6) water conservation measures result in reduced
energy use for pumping and treatment of water; and
(7) reduced energy use improves air quality.
SECTION 2. Section 372.002, Health and Safety Code, is
amended by amending Subsections (a) and (c) and adding Subsections
(b-1) and (b-2) to read as follows:
(a) A person may not sell, offer for sale, distribute, or
import into this state a plumbing fixture for use in this state
unless:
(1) the plumbing fixture meets the water saving
performance standards provided by Subsections [Subsection] (b) and
(b-1); and
(2) the plumbing fixture is listed by the commission
under Subsection (c).
(b-1) In addition to the requirements of Subsection (b)(4),
the commission by rule shall establish specifications and testing
procedures for toilets to ensure the performance and water
efficiency of toilets. The specifications and testing procedures
must ensure that:
(1) a toilet either:
(A) has a maximum tank capacity of not more than
2.0 gallons of water; or
(B) discharges a maximum volume of not more than
2.0 gallons of water when field adjustment of the original
equipment tank trim is set at the toilet's maximum water use
setting;
(2) the maximum volume of water discharged by a toilet
that has an original equipment flush valve seal that is a flapper or
other sealing device does not exceed 2.0 gallons when the flapper or
sealing device is replaced with a standard seal and the field
adjustment of tank trim is set at the toilet's maximum water use
setting;
(3) a toilet tank equipped with a flush valve contains
a flapper that tests demonstrate will remain leak free after being
used with toilet tank consumer products that contain bleach and
other chemical agents that may degrade flappers;
(4) any in-tank barrier, bucket, or dam that is
designed to restrict, retard, or slow the flow of water through the
open flush valve is tamper-proof or permanently affixed to the
tank, so that any attempt to remove the barrier, bucket, or dam by
cutting or breaking the barrier, bucket, or dam renders the entire
tank unusable;
(5) the flapper valve chain, if any, is formed of
plastic or metal as a beaded or link chain;
(6) the fill valve is a pilot valve type; and
(7) the toilet removes at least 250 grams of media
using a maximum performance testing protocol adopted by the
commission.
(b-2) In adopting rules under Subsection (b-1), the
commission shall consult for guidance the standards proposed in the
Los Angeles Department of Water and Power's Requirement for
Ultra-Low-Flush Toilets Supplementary Purchase Specification to
the ASME A112.19.2.M and ASME A112.19.6 and the Maximum Performance
Testing Protocol (MaP). The commission shall review any subsequent
amendments to the standards and determine whether the later
versions of the standards meet the intent of this section and should
be adopted as the new standards. The commission by rule may adopt
the new standards if the commission determines the new standards
meet the intent of this section.
(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 Subsections [Subsection] (b) and (b-1).
The manufacturer or importer must submit test results from an
independent laboratory to verify that a toilet meets the standards
adopted under Subsection (b-1). 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, the
identification and the performance specifications of the plumbing
fixture. 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.
SECTION 3. (a) The Texas Commission on Environmental
Quality shall adopt rules as required by Section 372.002(b-1),
Health and Safety Code, as added by this Act, not later than January
1, 2006.
(b) The change in law made by Section 372.002(b-1), Health
and Safety Code, as added by this Act, applies only to a toilet
sold, offered for sale, distributed, or imported into this state on
or after January 1, 2007. A toilet sold, offered for sale,
distributed, or imported into this state before that date is
governed by the law in effect on the date that sale, offer,
distribution, or importation occurred, and that law is continued in
effect for that purpose.
SECTION 4. This Act takes effect September 1, 2005.