HB2761 - 552R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 45-311, Arizona Revised Statutes, is amended to read:

START_STATUTE45-311. Definitions

In this article, unless the context otherwise requires:

1. "Commercial, industrial and or public construction" means buildings used for commercial, industrial or public purposes, including restaurants, bars, nightclubs, public buildings, comfort stations, schools, gymnasia, factories, offices, athletic clubs, hotels and motels.

2. "Person" means an individual, public or private corporation, company, partnership, firm, association, society, estate or trust, any other private organization or enterprise, the United States, any state, territory or country or a governmental entity, political subdivision or municipal corporation organized under or subject to the constitution and laws of this state.

3. "Plumbing fixture" means a lavatory faucet, lavatory faucet replacement aerator, kitchen faucet, kitchen faucet replacement aerator, shower head, urinal, water closet, evaporative cooler or decorative fountain. Plumbing fixture does not include parts necessary for routine maintenance.

4. "PSI" means pounds per square inch of water pressure.

5. 4. "Residential construction" or "residential dwelling" means buildings used for temporary or permanent human habitation, including single family residences and accessory guest houses, multi-family multifamily dwellings, townhouses, condominiums, apartments, the sleeping quarters of hotels and motels, dormitories and group housing units.

6. 5. "Urinal" means a fixture that consists of a water flushed bowl, and any associated flush valve, and that is used for the disposal of human urine.

7. 6. "Water closet" means a fixture that consists of a water flushed bowl, and any associated flush valve, and that is used for the disposal of all wastes from the human body.

8. 7. "Water free urinal" means a plumbing fixture that does not require a water supply or flushing device is designed to receive and convey only liquid waste through a trap seal and into the gravity drainage system without the use of water for such function and that meets the requirements of the American society of mechanical engineers (ASME) standard A112.19.2M-95 or the American national standards institute (ANSI) standard Z124.9-94 or any equivalent standard A112.19.19 as in effect on January 1, 2023.

8. "Watersense-labeled plumbing fixture" means a PLUMBING FIXTURE that has been tested and CERTIFIED PURSUANT to the watersense program and that is authorized to use the watersense label.

9. "Watersense program" means the United States ENVIRONMENTAL protection agency's watersense program established under America's water INFRASTRUCTURE act of 2018 (P.L. 115-270; 132 Stat. 376). END_STATUTE

Sec. 2. Section 45-312, Arizona Revised Statutes, is amended to read:

START_STATUTE45-312. Prohibited plumbing fixtures; residential construction

Except as provided in sections 45-315 and 45-319, beginning January 1, 1994 2024, no a person may not distribute, sell, offer for sale, import or install any plumbing fixture for use in this state in any new residential construction or for replacing plumbing fixtures in existing residential construction, unless the fixtures meet the following water saving performance standards plumbing fixture is one of the following:

1. Lavatory faucets and replacement aerators shall be designed to deliver no more than an average of three gallons of water per minute at a pressure of eighty PSI or shall be equipped with permanent flow control devices that allow delivery of no more than an average of three gallons of water per minute at a pressure of eighty PSI.

2. Kitchen faucets and replacement aerators shall be designed to deliver no more than an average of three gallons of water per minute at a pressure of eighty PSI or shall be equipped with permanent flow control devices that allow delivery of no more than an average of three gallons of water per minute at a pressure of eighty PSI.

3. Shower heads shall be designed to deliver no more than an average of three gallons of water per minute at a pressure of eighty PSI.

4. Water closets shall be designed to use no more than an average of one and six-tenths gallons of water per flush.

5. Urinals shall be designed to use no more than an average of one gallon of water per flush. No urinals may be installed that use a timing device to flush periodically regardless of demand.

1. A watersense-labeled plumbing fixture.

2. A plumbing fixture that meets or exceeds the water efficiency criteria ESTABLISHED before January 1, 2024 by the watersense program.

3. A plumbing fixture for which the water efficiency criteria are not established before January 1, 2024 by the watersense program.

6. 4. An evaporative cooling systems and system or decorative fountains shall be fountain equipped with a water recycling or reuse systems system. END_STATUTE

Sec. 3. Section 45-313, Arizona Revised Statutes, is amended to read:

START_STATUTE45-313. Prohibited plumbing fixtures; commercial, industrial and public construction

Except as provided in sections 45-315 and 45-319, beginning January 1, 1994 2024, no a person may not distribute, sell, offer for sale, import or install any plumbing fixtures fixture for use in this state in any new commercial, industrial or public construction or for replacing plumbing fixtures in existing commercial, industrial or public construction, unless the fixtures meet the following water saving performance standards plumbing fixture is one of the following:

1. Lavatory faucets shall be equipped with a mechanism that causes the faucet to close automatically after delivering no more than one-fourth gallon of water or shall be designed to deliver no more than an average of one-half gallon of water per minute at a pressure of eighty PSI.

2. Shower heads shall be designed to deliver no more than an average of three gallons of water per minute at a pressure of eighty PSI.

3. Water closets shall be designed to use no more than an average of one and six-tenths gallons of water per flush.

4. Urinals shall be designed to use no more than an average of one gallon of water per flush. No urinals may be installed that use a timing device to flush periodically regardless of demand.

1. A watersense-labeled plumbing fixture.

2. A plumbing fixture that meets or exceeds the water efficiency criteria ESTABLISHED before January 1, 2024 by the watersense program.

3. A plumbing fixture for which the water efficiency criteria are not established before January 1, 2024 by the watersense program.

5. 4. An evaporative cooling systems and system or decorative fountains shall be fountain equipped with a water recycling or reuse systems system. END_STATUTE

Sec. 4. Section 45-313.01, Arizona Revised Statutes, is amended to read:

START_STATUTE45-313.01. Water free urinals; state buildings

Every effort shall be made to install water free urinals in all new state buildings constructed after the effective date of this section August 25, 2004 that constitute capital projects as defined in section 41-790 and to install water free urinals in existing state buildings. The director of the department of administration shall endeavor to install as many water free urinals in as many state buildings as possible if the director determines that, given all of the circumstances, their use is in the best interest of this state. END_STATUTE

Sec. 5. Section 45-319, Arizona Revised Statutes, is amended to read:

START_STATUTE45-319. Exception; waiver; preemption

A. The requirements of this article do not apply to and do not prohibit the sale of any plumbing fixture that is documented to have been purchased by a plumbing wholesaler, retailer or end user and that is actually located in this state before January 1, 1994 2024.

B. The director may waive the applicability of this article to historic fixtures as determined by the director by rule.

B. C. An ordinance adopted by a county, city or town relating to water conserving low-flow plumbing fixtures is not preempted by this article to the extent that the ordinance sets forth requirements that are at least as restrictive as the requirements of this article or regulates fixtures that are not specified in this article, but any such ordinance is preempted to the extent that its requirements are less restrictive than the requirements of this article. END_STATUTE

Sec. 6. Effective date

A. Section 45-311, Arizona Revised Statutes, as amended by this act, is effective from and after December 31, 2022.

B. Sections 45-312, 45-313, 45-313.01 and 45-319, Arizona Revised Statutes, as amended by this act, are effective from and after December 31, 2023.