S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5892--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              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:
 
   Section 1. Section 15-0314 of the environmental conservation  law,  as
 amended  by  chapter 161 of the laws of 2002, subdivisions 2, 3 and 8 as
 amended by chapter 65 of the  laws  of  2020,  is  amended  to  read  as
 follows:
 § 15-0314. Powers  and responsibilities with respect to certain plumbing
              fixtures.
   1. On and after the effective date of  this  section,  no  individual,
 public or private corporation, political subdivision, government agency,
 department  or  bureau of the state, municipality, industry, co-partner-
 ship, association, firm, trust, estate or other legal entity shall,  for
 purposes  of use in this state, distribute, sell, offer for sale, import
 or install any sink faucet or lavatory  faucet,  shower  head,  drinking
 water  fountain,  urinal  or  water closet, including tank-type toilets,
 flushometer-tank toilets, flushometer-valve  toilets,  electromechanical
 hydraulic  toilets,  and  all  other types of toilets that use water and
 associated flush-valve, if any, OR SPRAY SPRINKLER BODY, unless it shall
 meet the water saving performance standards as provided for in  subdivi-
 sion two of this section.
   2.  The  water  saving  performance  standards  for  sink and lavatory
 faucets, shower heads, drinking water fountains, urinals and water clos-
 ets, including tank-type toilets,  flushometer-tank  toilets,  flushome-
 ter-valve   toilets,  electromechanical  hydraulic  toilets,  dual-flush
 toilets and all other types of  toilets  that  use  water  shall  be  as
 follows:

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

 A. 5892--A                          2
 
   (a) for lavatory faucets, at a constant water pressure of sixty pounds
 per  square inch, maximum flow shall not exceed 1.5 gallons of water per
 minute (or .25 gallons per cycle for lavatory faucets designed as meter-
 ing faucets) and provided that those faucet models installed  in  public
 buildings  must  be  of  a  self-closing variety and must be designed to
 limit the discharged flow rate of water to a maximum of .5  gallons  per
 minute  at  a constant water pressure of sixty pounds per square inch or
 must be of the metering type which limit the discharge  of  water  to  a
 maximum of .25 gallons per cycle; and
   (b) for sink faucets, at a constant water pressure of sixty pounds per
 square  inch,  maximum  flow  shall  not exceed 2.2 gallons of water per
 minute; and
   (c) for shower heads, at a constant water pressure  of  eighty  pounds
 per  square inch, maximum flow shall not exceed 2.0 gallons of water per
 minute; and
   (d) for urinals and associated flush-valve, if any, maximum flow shall
 not exceed an average of 0.5 gallons of  water  per  flush  (except  for
 urinals designated and marketed exclusively for use in prisons or mental
 health care facilities); and
   (e)  except for water closets and toilets designed and marketed exclu-
 sively for use in prisons or mental  health  care  facilities,  (1)  for
 water closets and associated flush-valve, if any, maximum flow shall not
 exceed an average of 1.28 gallons of water per flush; (2) for dual-flush
 tank-type water closets, the average of two reduced flushes and one full
 flush  shall  not  exceed  1.28  gallons of water per flush; and (3) for
 dual-flush flushometer-valve  water  closets,  maximum  flow  shall  not
 exceed an average of 1.28 gallons of water per flush; and
   (f) drinking water fountains must be of a self-closing variety; AND
   (G)  SPRAY  SPRINKLER  BODIES  UNLESS  USED  FOR AGRICULTURAL PURPOSES
 SPECIFICALLY EXCLUDED FROM THE SCOPE OF THE UNITED STATES  ENVIRONMENTAL
 PROTECTION  AGENCY WATERSENSE PROGRAM "SPECIFICATION FOR SPRAY SPRINKLER
 BODIES, VERSION 1.0", MUST INCLUDE AN INTEGRAL  PRESSURE  REGULATOR  AND
 MUST  MEET  THE  WATER  EFFICIENCY  AND  PERFORMANCE  CRITERIA AND OTHER
 REQUIREMENTS OF THE "SPECIFICATION FOR SPRAY SPRINKLER  BODIES,  VERSION
 1.0".
   3.  Each  shower  head, sink or lavatory faucet, both box and product,
 shall be marked and labeled, and each water closet or  urinal,  or  each
 component  if  the  water  closet  or urinal is comprised of two or more
 components, both box and product, AND EACH SPRAY  SPRINKLER  BODY,  BOTH
 BOX  AND  PRODUCT,  shall  be  marked and labeled in accordance with the
 latest revision of the standards designated American National Standards,
 written under American National  Standards  Institute  (ANSI),  and,  as
 applicable,  the following United States Environmental Protection Agency
 watersense program specification: showerheads (July 26, 2018), tank-type
 toilets (June 2, 2014), lavatory faucets  (October  1,  2007),  flushing
 urinals (August 14, 2009), [and] flushometer-valve toilets (December 17,
 2015), AND SPRAY SPRINKLER BODY (SEPTEMBER 21, 2017).
   4.  The  commissioner  may  permit  the sale and installation of water
 closets, blow out toilets and associated flush-valves, if any, which  do
 not  meet  the standards provided for in subdivision two of this section
 if after application therefor it is determined by the commissioner  that
 the  installation  of fixtures which meet such standards would be detri-
 mental to the operation of the existing sewerage system or part of  such
 system, servicing such fixtures.
   5.  The  provisions  of this section shall not apply to fixtures which
 were in compliance with this section and other applicable provisions  of
 A. 5892--A                          3

 law on the date on which they were installed which are removed and relo-
 cated  to another room or area of the same building or to another build-
 ing owned or leased by  the  owner  of  the  building  from  which  such
 fixtures  were  removed  after  the  effective date of this section, nor
 shall they apply to fixtures  such  as  safety  showers,  bedpan  washer
 equipped water closets and aspirator faucets, which, in order to perform
 a  specialized function, cannot meet the standards specified in subdivi-
 sion two of this section.
   6. "Public building" as used in this section, means  any  building  or
 portion  thereof,  used  or  controlled by any department or branch of a
 state or local government, or which is constructed wholly  or  partially
 through  state  or  municipal funds, including tax funds, funds obtained
 through bond issues or grants or loans under any  state  law,  which  is
 likely to be used by the public, including, but not limited to theaters,
 concert  halls,  auditoriums,  museums,  schools,  libraries, recreation
 facilities, transportation terminals  and  stations,  factories,  office
 buildings  and  building  establishments. In addition, "public building"
 includes those facilities such as stores, restaurants and  hotels  which
 have  restrooms  which  are  open  to the public or the clientele of the
 facility but not including private restrooms which are part of  sleeping
 quarters in such a facility. The term "public building" does not include
 privately  owned  residential  structures, public housing structures, or
 police, fire or correction structures.
   7. "AGRICULTURAL PURPOSE" AS USED IN THIS SECTION SHALL MEAN THE PRAC-
 TICE OF FARMING FOR CROPS, PLANTS, VINES AND  TREES,  AND  THE  KEEPING,
 GRAZING,  OR  FEEDING  OF  LIVESTOCK  FOR SALE OF LIVESTOCK OR LIVESTOCK
 PRODUCTS, AND THE ON-FARM PROCESSING OF CROPS, LIVESTOCK  AND  LIVESTOCK
 PRODUCTS.
   8. A violation of the provisions of this section shall be liable for a
 penalty pursuant to section 71-1127 of this chapter.
   [8.]  9.  The commissioner, to the extent practicable and appropriate,
 shall utilize the latest revision of the standards  designated  American
 National  Standards, written under American National Standards Institute
 (ANSI) procedures in determining requirements under this  section,  and,
 as  applicable,  the  following  United  States Environmental Protection
 Agency watersense program specification: showerheads  (July  26,  2018),
 tank-type  toilets  (June  2, 2014), lavatory faucets (October 1, 2007),
 flushing urinals (August  14,  2009),  [and]  flushometer-valve  toilets
 (December 17, 2015), AND SPRAY SPRINKLER BODY (SEPTEMBER 21, 2017).
   § 2. This act shall take effect January 1, 2025.