This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.


                                                                                

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.