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A05892 Actions:

BILL NOA05892A
 
03/24/2023referred to environmental conservation
05/05/2023amend and recommit to environmental conservation
05/05/2023print number 5892a
01/03/2024referred to environmental conservation
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A05892 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5892--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 24, 2023
                                       ___________
 
        Introduced by M. of A. THIELE -- read once and referred to the Committee
          on  Environmental  Conservation -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
 
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          powers and responsibilities with respect to certain plumbing fixtures

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 15-0314 of the environmental conservation  law,  as
     2  amended  by  chapter 161 of the laws of 2002, subdivisions 2, 3 and 8 as
     3  amended by chapter 65 of the  laws  of  2020,  is  amended  to  read  as
     4  follows:
     5  § 15-0314. Powers  and responsibilities with respect to certain plumbing
     6               fixtures.
     7    1. On and after the effective date of  this  section,  no  individual,
     8  public or private corporation, political subdivision, government agency,
     9  department  or  bureau of the state, municipality, industry, co-partner-
    10  ship, association, firm, trust, estate or other legal entity shall,  for
    11  purposes  of use in this state, distribute, sell, offer for sale, import
    12  or install any sink faucet or lavatory  faucet,  shower  head,  drinking
    13  water  fountain,  urinal  or  water closet, including tank-type toilets,
    14  flushometer-tank toilets, flushometer-valve  toilets,  electromechanical
    15  hydraulic  toilets,  and  all  other types of toilets that use water and
    16  associated flush-valve, if any, or spray sprinkler body, unless it shall
    17  meet the water saving performance standards as provided for in  subdivi-
    18  sion two of this section.
    19    2.  The  water  saving  performance  standards  for  sink and lavatory
    20  faucets, shower heads, drinking water fountains, urinals and water clos-
    21  ets, including tank-type toilets,  flushometer-tank  toilets,  flushome-
    22  ter-valve   toilets,  electromechanical  hydraulic  toilets,  dual-flush
    23  toilets and all other types of  toilets  that  use  water  shall  be  as
    24  follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04633-03-3

        A. 5892--A                          2
 
     1    (a) for lavatory faucets, at a constant water pressure of sixty pounds
     2  per  square inch, maximum flow shall not exceed 1.5 gallons of water per
     3  minute (or .25 gallons per cycle for lavatory faucets designed as meter-
     4  ing faucets) and provided that those faucet models installed  in  public
     5  buildings  must  be  of  a  self-closing variety and must be designed to
     6  limit the discharged flow rate of water to a maximum of .5  gallons  per
     7  minute  at  a constant water pressure of sixty pounds per square inch or
     8  must be of the metering type which limit the discharge  of  water  to  a
     9  maximum of .25 gallons per cycle; and
    10    (b) for sink faucets, at a constant water pressure of sixty pounds per
    11  square  inch,  maximum  flow  shall  not exceed 2.2 gallons of water per
    12  minute; and
    13    (c) for shower heads, at a constant water pressure  of  eighty  pounds
    14  per  square inch, maximum flow shall not exceed 2.0 gallons of water per
    15  minute; and
    16    (d) for urinals and associated flush-valve, if any, maximum flow shall
    17  not exceed an average of 0.5 gallons of  water  per  flush  (except  for
    18  urinals designated and marketed exclusively for use in prisons or mental
    19  health care facilities); and
    20    (e)  except for water closets and toilets designed and marketed exclu-
    21  sively for use in prisons or mental  health  care  facilities,  (1)  for
    22  water closets and associated flush-valve, if any, maximum flow shall not
    23  exceed an average of 1.28 gallons of water per flush; (2) for dual-flush
    24  tank-type water closets, the average of two reduced flushes and one full
    25  flush  shall  not  exceed  1.28  gallons of water per flush; and (3) for
    26  dual-flush flushometer-valve  water  closets,  maximum  flow  shall  not
    27  exceed an average of 1.28 gallons of water per flush; and
    28    (f) drinking water fountains must be of a self-closing variety; and
    29    (g)  spray  sprinkler  bodies  unless  used  for agricultural purposes
    30  specifically excluded from the scope of the United States  Environmental
    31  Protection  Agency watersense program "Specification for Spray Sprinkler
    32  Bodies, Version 1.0", must include an integral  pressure  regulator  and
    33  must  meet  the  water  efficiency  and  performance  criteria and other
    34  requirements of the "Specification for Spray Sprinkler  Bodies,  Version
    35  1.0".
    36    3.  Each  shower  head, sink or lavatory faucet, both box and product,
    37  shall be marked and labeled, and each water closet or  urinal,  or  each
    38  component  if  the  water  closet  or urinal is comprised of two or more
    39  components, both box and product, and each spray  sprinkler  body,  both
    40  box  and  product,  shall  be  marked and labeled in accordance with the
    41  latest revision of the standards designated American National Standards,
    42  written under American National  Standards  Institute  (ANSI),  and,  as
    43  applicable,  the following United States Environmental Protection Agency
    44  watersense program specification: showerheads (July 26, 2018), tank-type
    45  toilets (June 2, 2014), lavatory faucets  (October  1,  2007),  flushing
    46  urinals (August 14, 2009), [and] flushometer-valve toilets (December 17,
    47  2015), and spray sprinkler body (September 21, 2017).
    48    4.  The  commissioner  may  permit  the sale and installation of water
    49  closets, blow out toilets and associated flush-valves, if any, which  do
    50  not  meet  the standards provided for in subdivision two of this section
    51  if after application therefor it is determined by the commissioner  that
    52  the  installation  of fixtures which meet such standards would be detri-
    53  mental to the operation of the existing sewerage system or part of  such
    54  system, servicing such fixtures.
    55    5.  The  provisions  of this section shall not apply to fixtures which
    56  were in compliance with this section and other applicable provisions  of

        A. 5892--A                          3

     1  law on the date on which they were installed which are removed and relo-
     2  cated  to another room or area of the same building or to another build-
     3  ing owned or leased by  the  owner  of  the  building  from  which  such
     4  fixtures  were  removed  after  the  effective date of this section, nor
     5  shall they apply to fixtures  such  as  safety  showers,  bedpan  washer
     6  equipped water closets and aspirator faucets, which, in order to perform
     7  a  specialized function, cannot meet the standards specified in subdivi-
     8  sion two of this section.
     9    6. "Public building" as used in this section, means  any  building  or
    10  portion  thereof,  used  or  controlled by any department or branch of a
    11  state or local government, or which is constructed wholly  or  partially
    12  through  state  or  municipal funds, including tax funds, funds obtained
    13  through bond issues or grants or loans under any  state  law,  which  is
    14  likely to be used by the public, including, but not limited to theaters,
    15  concert  halls,  auditoriums,  museums,  schools,  libraries, recreation
    16  facilities, transportation terminals  and  stations,  factories,  office
    17  buildings  and  building  establishments. In addition, "public building"
    18  includes those facilities such as stores, restaurants and  hotels  which
    19  have  restrooms  which  are  open  to the public or the clientele of the
    20  facility but not including private restrooms which are part of  sleeping
    21  quarters in such a facility. The term "public building" does not include
    22  privately  owned  residential  structures, public housing structures, or
    23  police, fire or correction structures.
    24    7. "Agricultural purpose" as used in this section shall mean the prac-
    25  tice of farming for crops, plants, vines and  trees,  and  the  keeping,
    26  grazing,  or  feeding  of  livestock  for sale of livestock or livestock
    27  products, and the on-farm processing of crops, livestock  and  livestock
    28  products.
    29    8. A violation of the provisions of this section shall be liable for a
    30  penalty pursuant to section 71-1127 of this chapter.
    31    [8.]  9.  The commissioner, to the extent practicable and appropriate,
    32  shall utilize the latest revision of the standards  designated  American
    33  National  Standards, written under American National Standards Institute
    34  (ANSI) procedures in determining requirements under this  section,  and,
    35  as  applicable,  the  following  United  States Environmental Protection
    36  Agency watersense program specification: showerheads  (July  26,  2018),
    37  tank-type  toilets  (June  2, 2014), lavatory faucets (October 1, 2007),
    38  flushing urinals (August  14,  2009),  [and]  flushometer-valve  toilets
    39  (December 17, 2015), and spray sprinkler body (September 21, 2017).
    40    § 2. This act shall take effect January 1, 2025.
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