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Water Efficient Upgrades for Indoor Fixtures and Appliances

Allison Urbaszewski (author), Bradley Adams & Jonathan Rosenbloom (editors)

INTRODUCTION

Less than one percent of the Earth’s water supply is suitable for human consumption.[1] Increasing numbers of communities across the U.S. face uncertainty regarding the long-term viability of their water supplies.[2] One solution to conserving fresh water is reducing domestic water use in commercial and residential facilities. On average, American homes use more than 300 gallons of water a day.[3] Toilet flushing, faucet, and showerheads account for over sixty percent of indoor uses.[4] An additional twelve percent is caused by leaking equipment.[5] New toilet fixtures can ameliorate excess water use by reducing the amount of water used per flush.[6] Similar results are achieved through the use of low-flow showerheads[7] and sinks.[8] Commercial and institutional facilities account for 17 percent of the public water supply demand.[9] The particular water uses for a given operation vary from place to place, but all have a substantial demand for domestic or restroom purposes.[10]

Local governments can promote water conservation by enacting regulations that incentivize residential owners to install water efficient fixtures. Policy makers have further opportunity to conserve water by offering industry rebates for equipment upgrades that span a range of uses in addition to toilets and sinks, such as dishwashers in restaurants.[11] Incentives can take the form of rebates earned by property owners that elect to replace inefficient fixtures with water efficient upgrades. These programs vary in application; they can be passively offered as an optional choice for owners to claim until approved funding runs out, or as a supplement when a regulation requires facility upgrades. Local water utilities are often heavily involved and perform a variety of duties, such as inspections, retrofit plan approvals, and waivers for upgrade requirements where appropriate. Many local governments implementing these rebate programs include websites that detail the process and requirements to claim the rebate.

EFFECTS

An average family can conserve 13,000 gallons of water a year through the use of efficient toilets alone.[12] This can save residents $110 per year in water costs, and $2,200 throughout the life of the fixture.[13] If WaterSense toilets were applied nationwide, water usage would be reduced by almost 520 billion gallons.[14] Businesses can save almost $1,000 over the lifetime of a water efficient toilets when replacing a flushometer-valve toilet that can operate at a rate of three to seven gallons per flush.[15] In a ten-story office building used by 1,000 individuals, such a switch would conserve 1.2 million gallons of water and save operators approximately $10,000 in water costs over the course of a year.[16] Even partially replacing fixtures, particularly when properly targeted, can yield a substantial savings and reduction in water use.[17] Communities also save money through the use of more efficient fixtures because they can reduce the resources spent supplying and treating water for residential users.[18]

EXAMPLES

Santa Cruz, CA

Santa Cruz’s goal is to decrease potable water demand through installation of efficient water fixtures as a condition on real property transfers.[19] The provisions apply to residential, industrial, and commercial facilities that are serviced by the Santa Cruz water utility.[20] At the water director’s discretion, an exemption is available for buildings that prove to be incompatible with water efficient technology.[21] Historic buildings that are incompatible with water efficient updates are also exempt.[22]

The City requires verification of compliance with the provision from the seller of the property, which can be achieved through utilizing the rebate program.[23] The toilet rebate requires an inspection to confirm adequate retrofit measures have been taken.[24] The water director can waive the requirement for a building that has previously been retrofitted in the event of a future sale.[25] Residents are eligible for a rebate of up to $150 upon upgrading to a WaterSense labeled toilet.[26] Santa Cruz’s rebate website offers guidance to help consumers make determinations for purchases, as well as disposal instructions for old equipment.[27] A $100-$200 rebate is currently available for upgrades to Energy Star clothes washers, alongside a $50 rebate for Energy Star dishwashers.[28]

To view the provision see Santa Cruz, CA Santa Cruz Municipal Code §§ 16.03.010-16.03.090; City of Santa Cruz, Rebates, https://perma.cc/5UK8-RB9V (last visited Jan. 17, 2020).

 Santa Fe, NM

Santa Fe offers financial incentives for equipment upgrades.[29] The code allows for the mayor and city council to adopt water conservation measures, including voucher and rebate programs for water-saving instruments.[30] Both residential and commercial properties may be entitled to take advantage of the programs.[31] Residential rebates include clothes washing machines, dishwashers, and toilets that are EnergyStar or WaterSense labeled.[32] Commercial rebates are available for facilities that update toilets and urinals.[33] The City also offers rebates for custom retrofits upon approval of a plan prior to installation.[34]

Customers making the necessary changes have six months from the date of their purchase to submit the rebate to the City with a copy of the receipt for the appliance.[35] The City offers a $57 rebate for toilets with a capacity of 1.28 gallons per flush (gpf), alongside a $128 rebate for toilets that limit water use to 0.88 gpf.[36] For clothes washers, the City offers a rebate of $236 for EnergyStar certified models or $285 for qualifying CEE (Consortium for Energy Efficiency) models.[37] A $36 rebate is also available for dishwashers.[38]

To view the provisions see Santa Fe, NM Code of Ordinances §§ 25-2.2, 25-2.4, 25-2.11 (2015); Save Water Santa Fe, Rebate Application, (Jan. 2020), https://perma.cc/NBX7-AS52.

ADDITIONAL EXAMPLES

Prescott, AZ Prescott City Code § 3-10-8(F) (offering residents a menu of rebate options for both indoor and outdoor conservation measures).

Salina, KS Code of Ordinances § 41-69 (2020) (authorizing the adoption of rebate programs by resolution).

ADDITIONAL RESOURCES

WaterSense, United States Environmental Protection Agency (Dec. 18, 2019), https://www.epa.gov/watersense.

Energy Efficient Products, Energy Star (Jan. 2020), https://www.energystar.gov/products?s=mega.

CITATIONS

[1] WaterSense: How We Use Water, United States Environmental Protection Agency (Feb. 5 2018), https://perma.cc/R57K-Z5UY.

[2] See generally Thomas C. Brown, Vinod Mahat & Jorge A. Ramirez, Adaptation to future water shortages in the United States caused by population growth and climate change, 7 Earth's Future 219–34 (Mar. 2019), https://perma.cc/8DFY-PE8P.

[3] Watersense: How We Use Water, supra note 1.

[4] Id.

[5] Id.

[6] Id.

[7] WaterSense Labeled Showerheads, United States Environmental Protection Agency (Oct. 2017), https://perma.cc/57R4-2U75.

[8] WaterSense: Bathroom Faucets, United States Environmental Protection Agency (Apr. 15, 2019), https://perma.cc/2X5S-PT9N.

[9] WaterSense: Types of Facilities, United States Environmental Protection Agency (May 6, 2019) https://perma.cc/D7BE-KBFZ.

[10] Id.

[11] Watersense: Types of Facilities, supra note 9.

[12] WaterSense: Statistics and Facts, United States Environmental Protection Agency (Nov. 7, 2018) https://perma.cc/GD9J-5GCY.

[13] WaterSense Labeled Toilets, United States Environmental Protection Agency (Feb. 2013) https://perma.cc/XU3Q-7DKW.

[14] Id.

[15] WaterSense Labeled Flushometer-Valve Toilets, United States Environmental Protection gency (Dec. 2015), https://perma.cc/C22A-T3XV.

[16] Id.

[17] Id.

[18] See, e.g., Alexandra Dapolito Dunn, Water Use and Management in Buildings, 264, in The Law of Green Buildings: Regulatory and Legal Issues in Design, Constructions, Operations, and Financing (J. Cullen Howe & Michael B. Gerrard, eds., American Bar Association & ELI Press (2010)).

[19] Santa Cruz CA, Municipal Code § 16.03.010 (2013).

[20] Id. § 16.03.020.

[21] Id. § 16.03.050.

[22] Id.

[23] Id.

[24] Id. § 16.03.060(a)(2).

[25] Id. § 16.03.060(c).

[26] Toilet Rebates, City of Santa Cruz, https://perma.cc/Q7PR-7RC2 (last visited Jan. 17, 2020).

[27] Id.

[28] Appliance Rebates, City of Santa Cruz , https://perma.cc/BPH7-VJ7H (last visited Jan. 17, 2019).

[29] Santa Fe, NM Code of Ordinances § 25-2.2 (2004).

[30] Id. § 25-2.11.

[31] Rebates, City of Santa Fe https://perma.cc/EC56-QC2M (last visited Jan. 5, 2019).

[32] Indoor Rebates, Save Water Santa Fe (Jan. 2020), https://perma.cc/7XZD-GMMD.

[33] Id.

[34] Id.

[35] Rebate Application, Save Water Santa Fe (Jan. 2020), https://perma.cc/3T4Z-D5QN.

[36] Indoor Rebates, supra note 32.

[37] Id.

[38] Id.


Please note, although the above cited and described ordinances have been enacted, each community should ensure that newly enacted ordinances are within local authority, have not been preempted, and are consistent with state comprehensive planning laws. Also, the effects described above are based on existing examples. Those effects may or may not be replicated elsewhere. Please contact us and let us know your experience.