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The Public Utilities Commission has hired a public relations firm to secure passage of an ordinance originally proposed by Supervisor Mark Leno when he was running for reelection to the Board of Supervisors in 2001. The ordinance required, among other things, the installation of ultra low-flow toilets in existing residential buildings upon title transfer. The ordinance was withdrawn by the supervisor after the Association sent out a mailing to homeowners in his supervisorial district describing the ordinance and suggesting that they stock up on toilet plungers if the ordinance became law. Constituents deluged the supervisors with angry calls and forced him into a runoff election after being the voters’ clear favorite before the mailing was delivered to homeowners.
The legislation cited a long-term imbalance between water supplies and water demand, as well as a memorandum of understanding regarding urban water conservation signed by the city requiring it to replace the same number of toilets found in residential property (R-1 and R-3) sold in San Francisco in an average year on an annual basis with 1.6 gallon per flush toilets and showerheads that use not more than 2.5 gallons per minute.
The legislation was intended to establish and enforce water conservation measures for existing residential buildings upon title transfer, major improvement or condominium conversion beginning six months from the effective date of the legislation and mandating compliance with the legislation no later than 10 years from its effective date. The legislation was presented as part of a continuing legislative program to reduce water consumption in all residential, commercial, industrial and public buildings.
A summary of the legislation follows.
Compliance Within 10 Years (Section 12A06)
All residential buildings must comply with the requirements of the legislation (listed in Section 12A06) within 10 years. R-1 and R-3 occupancies must comply within 10 years from the effective date of the legislation.
Affidavit Alternative
In lieu of compliance with Section 12A06 within a period of 10 years from the effective date of the legislation for R-1 and R-3 occupancies, the owner or owner’s authorized agent may file with the Retail Water Conservation Section of the San Francisco Public Utilities Commission an affidavit signed by the owner affirming that the required devices have been installed or an exception is applicable.
Water Conservation Inspection Requirement Upon Major Improvement, Metering Conversion, Residential Condominium Conversion, or Complete Inspection
A valid water conservation inspection pursuant to Section 12A05 and subsequent compliance with required water conservation measures pursuant to Section 12A07 is required of all residential buildings as set forth in Section 12A06 and 12A07 within 5 years of the effective date of the legislation.
All residential buildings in which title is transferred later than six months from the effective date of the legislation are required to meet the requirements of Section 12A05 and 12A06.
Water Conservation Inspection Requirements at Transfer of Title
All residential buildings in which title is transferred later than six months from the effective date of the legislation are required to meet the requirements of Section 12A05 and 12A06. Prior to any transfer of title as a result of sale or exchange of any residential building subject to the provisions of the legislation, the seller or the seller’s authorized agent shall obtain a valid water conservation inspection pursuant to Section 12A05 and shall install all applicable water conservation measures required by Section 12A06 no later than five years from the effective date of the legislation. Compliance with this Section may be concurrent with the energy conservation inspection required by Section 1211.
Required Water Conservation Measures
The following water conservation measures are required within the time limits prescribed by the legislation for residential buildings:
- Ultra low-flow toilets (1.6 gallons per flush or less);
- Low-low showerheads having a maximum flow of not more than 2.5 gallons per minute; and
- Aerators with flow restrictors attached to kitchen, vanity and sink faucets.
Certificate of Compliance
When all of the water conservation requirements have been met as required by this legislation, a certificate of compliance shall be signed, filed and recorded. The owner shall provide a copy of the certificate to the Retail Water Conservation Section of the San Francisco Public Utilities Commission. The recording shall be accompanied by an affidavit stating that the owner is aware of all water conservation measures required by the legislation and installed in his or her residence and will use all feasible and reasonable means to maintain the water conservation measures in sound operating condition for the duration of his or her ownership of the subject property.
Arguments in opposition to the ordinance that were presented at the time it was proposed included the following:
- Ultra low-flow toilets are notorious for their inefficient operation which often results in greater water consumption rather than less;
- If water conservation is the objective of the proposed amendments, commercial and public buildings should be required to install all applicable water conservation devices, instead of being exempted, as they are under the proposed amendments;
- The proposed amendments unfairly place the burden and all of the costs associated with water conservation on the residential consumer, and no one else;
- The typical household will have to pay costs approaching or exceeding $500 to replace existing toilets that do not meet the requirements of the proposed amendments. Assuming that an average of 8,000 residential properties are sold each year and will be subject to the proposed amendments, multiplying the number of sales by $500 results in an annual cost to residential consumers of $4 million;
- The SFPUC currently offers rebate and replacement programs to provide incentives for consumers to voluntarily replace existing toilets. These programs should be continued and made more aggressive rather than resorting to government edicts; and
- By what authority did the public Utilities Commission sign the Memorandum of Understanding Regarding Urban Water conservation which requires water users in the city to replace high water volume toilets and showerheads with 1.6 gallon ultra low-flow toilets, and showerheads that use not more than 2.5 gallons per minute? Does the PUC have the power to bind the city and its water users in such a manner? And, if so, is this not a usurpation of the power of the Board of Supervisors regarding such matters?
The Association, together with the San Francisco Apartment Association, Coalition for Better Housing and the Professional Property Management Association are meeting with the public relations firm hired by the Public Utilities Commissions to explore the possibility of reaching a compromise on the proposed ordinance acceptable to all interested parties.
February 2003
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