Chapter 1.5
Water Conservation

• ALL
• Remove Code Barriers
• Create Incentives
• Fill Regulatory Gaps

Water Efficiency Standards for New Construction

INTRODUCTION

The average American uses approximately eighty-eight gallons of water every day.[1] Approximately, 24% gets flushed down the toilet, 20% is used in showers, 19% in faucets, 17% in clothes washers, and 12% is attributed to leaks.[2] Leading water managers in at least forty states expect local, statewide, or regional water shortages to occur over the next several years.[3] Adopting local provisions that require water-efficient fixtures in new construction and renovations can help alleviate the growing water shortage in America.[4] Currently, inefficient water use in buildings is primarily due to inefficient water fixtures.[5] Water-efficient fixtures not only save money on water bills and reduce water-shortages, but also help to ensure that future generations will have access to the same water sources we enjoy today. Adopting minimum standards for water-efficient fixtures ensures new construction projects utilize the technology in developments to reduce water consumption.

Local governments may adopt federal, state, third party water-efficiency standards such as Leadership in Energy and Environmental Design (LEED) or the U.S. Environmental Protection Agency (EPA), or create their own standards to promote water-efficiency in new construction.[6] For example, the EPA’s WaterSense program grants its seal of approval to water fixtures which are at least 20 percent more efficient than other products.[7] The current standards for the program include: toilets must have a maximum rating of 1.28 gallons per flush, shower heads must have a maximum rating of 2 gallons per minute flow rate, and faucets a maximum rating of 1.5 gallons per minute at 60 psi.[8] Some local governments have also incorporated LEED standards for built construction into their water fixture efficiency standards for new construction.[9] The LEED certification mandates commercial and residential toilets must have a maximum rating of 1.6 gallons per flush, residential showerheads must have a maximum rating of 2.5 gallons per minute flow rate, commercial, residential, and kitchen faucets must have a maximum rating of 2.2 gallons per minute at 60 psi.[10]

Where federal and state water efficiency standards are in place, local governments may encounter issues of preemption when enacting their own standards.[11] However, a local government may be able to avoid preemption by demonstrating a special interest or unusually specific circumstance for their water efficient ordinance, such as an extreme drought in their community.[12]

EFFECTS

A study conducted by the Water Research Foundation found that the primary difference between households that used approximately 177 gallons per household per day and households that used approximately 138 gallons was “better equipment.”[13] Water reductions in the study were not due to significant changes in behavior.[14] According to William DeOreo, lead author of the study, household size was also roughly equal in the study, “[m]inutes per shower remained constant. Toilet flushes did not budge. Neither did faucet use. . . . The reason households are using less water: better equipment.” For example, updating inefficient toilets in commercial spaces to water-efficient models alone can save over 39 billion gallons of water per year.[15] Water-efficient sinks and shower heads decrease the overall demand on a water heater, further cutting down on electricity costs.[16]

The adoption and implementation of an ordinance that requires water-efficient fixtures in all new construction and remodeling projects will decrease water consumption and increase water-savings over time by mandating “better equipment.” “The EPA’s WaterSense program estimates that if every household in the U.S. installed water-efficient appliances, water use in the U.S. would reduce by three trillion gallons and save $18 billion.[17] Buildings retrofitted with water-efficient fixtures decrease the total amount of water consumption per use and decrease the amount of wastewater coming from toilets and urinals.[18] Decreasing wastewater in turn decreases the stress a building places on a local government’s sewage system.[19] This decreases the overall cost to sanitize and treat wastewater in a community.[20]

Financially, utilizing water-efficient fixtures decreases the cost for local governments, residents, and developers. Toilets with high efficiency standards, like those outlined by the WaterSense program, can save a household more than $140 per year.[21] Also, replacing inefficient faucets across the nation could save $1.3 billion in both water and energy costs. Overall, adopting a set of standards for water fixtures in new construction can help to streamline a locality’s water-efficiency efforts and ensure that all new developments contain fixtures to reduce the community’s water consumption and help save money.

EXAMPLES

Surfside Beach, TX

The Village of Surfside Beach imposes requirements for water efficient fixtures within the plumbing regulations of its building regulations chapter.[22] The ordinance begins by outlining the Village’s goal of creating water saving requirements consistent with Texas Water Development Board guidelines.[23] The requirements of the ordinance are applied to new construction and any plumbing replacements in existing structures.[24] The requirements establish fixture-dependent standards.[25] For example, most toilets are allowed a maximum of 1.6 gallons per flush, although specific numbers are given for a variety of other types of toilet.[26] Additional standards are given for other types of fixtures, including showerheads and drinking fountains.[27]

To view the provisions see Surfside Beach, TX Code of Ordinances § 12-49 (1997).

 New York City, NY

New York City adopted the WaterSense program standards in their municipal code as the maximum flow rates and consumption for plumbing fixtures in residential and commercial buildings.[28] Each of the listed plumbing fixtures must bear the WaterSense program label.[29] Toilets in public restrooms are exempt from the labeling requirement but must still meet the water efficiency standards.[30]

To view the provision see New York City, NY Plumbing Code § 604.4 (2017).

 Laredo, TX

Laredo enacted plumbing fixture efficiency standards based on the Texas Water-Saving Plumbing Fixture Program.[31] Under the program, faucets may not exceed 2.2 gallons per minute at 60 psi, shower heads must not exceed 2.5 gallons of water, and urinals in the market before January 1, 2014, may not exceed 1 gallon per flush.[32] Toilets in the market before January 1, 2014 may not exceed 1.6 gallons per flush, however, toilets in the market after this date must not exceed 1.28 gallons per flush.[33] Additionally, all drinking water fountains must be self-closing to ensure maximum water efficiency.[34]

To view the provision see Laredo, TX Code of Ordinances § 31-141.33 (2014).

ADDITIONAL EXAMPLES

City of Miami Gardens, FL Ordinance No. 28-46 (requiring commercial and residential structures to install high efficiency plumbing fixtures, and further requiring such fixtures to either comply with specifications set out by ordinance or to have received the WaterSense label).

Chicago Heights, IL Code of Ordinances, Section 34-18 (establishing water conservation measures including a requirement that “[a]ll new and replacement plumbing fixtures shall be labeled ‘WaterSense Product’ as specified by the USEPA”).