AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
DEPARTMENT Water Enterprise AGENDA NO. 6
MEETING DATE April 8, 2025
Calendar: Regular Calendar
Project Manager: Julie Ortiz
Public Hearing to Approve an Ultra-High Efficiency Toilet Rebate Program and Adopt Program Rules and Regulations
Summary of Proposed
Commission Action:
Public Hearing to approve the Ultra-High Efficiency Toilet Rebate Program and adopt Rules and Regulations to allow the San Francisco Public Utilities Commission to continue to promote indoor water efficiency in its retail service area, by issuing rebates to customers who purchase and install U.S. Environmental Protection Agenc y WaterSense, Maximum Performance tested Premium certified ultra- high efficiency toilets t o replace existing toilets with a maximum rated flush volume of 1.1 gallons per flush.
Background: The San Francisco Public Utilities Commission (SFPUC) Water Resources Division is responsible for the implementation of a comprehensive retail water conservation program, as well as the development of local water supplies, including groundwater, recycled water, and non-potable water. Together, these programs supplement and diversify the SFPUC’s portfolio of water resources and reduces demand on our regional water system.
For over 30 years, the SFPUC’s water conservation program has offered a variety of
financial incentives, services, and educational assistance aimed at promoting efficient water use among its retail water customers.
These water conservation measures are vital to helping the SFPUC meet evolving state and local requirements for water efficiency.
The SFPUC currently provides financial incentive programs for replacement of inefficient residential plumbing fixtures and appliances, commercial equipment, clothes wash ing machine and for the replacement of irrigation equipment. For more information on the SFPUC’s conservation assistance measures, see sfpuc.gov/savewater.
Toilets are one of the largest sources of indoor water use. Replacing old, water-wasting toilets with highly water -efficient models is one of the most effective ways homes and businesses can save water and reduce water bills. Replacing old toilets with highly water-efficient models also helps the SFPUC meet water conservation regulations, increase drought response preparedness, and reduce strain on the City’s water infrastructure system. By providing an incentive, the SFPUC encourages faster and more extens ive replacement of remaining old, high- flow fixtures in our service area.
Public Hearing to Approve an Ultra High Efficiency Toilet Rebate Program and Adopt Rules and Regulations Commission Meeting Date: April 8, 2025
Updates to the Plumbing Code and water efficiency advances have significantly reduced the maximum flush volume for toilets. Toilets made before 1992 used 3.5 gallons per flush (gpf) or more. In 1992, the federal efficiency standard became 1.6 gpf. In 2014, California reduced this to
1.28 gpf for toilets sold or installed in the state. Over this time, design improvements allowed equal or superior performance for toilets that use less water. Current “ultra-high efficiency toilets” exceed California’s efficiency standard and use 1.1 gpf or less. The most efficient models use only 0.8 gpf, which is 37% less than the California standard.
The SFPUC has incentivized replacement of old, water-wasting toilets through various means since the 1990s, starting first with discounted $10 sales for water efficient toilets, then moving to rebates, and then free “direct install” replacement through licensed plumbers. Approximately 50,000 inefficient toilets have been replaced through these programs, representing an estimated 6.6 billion gallons of water savings. As flush volume standards have become more efficient, the SFPUC has adapted its toilet incen
tive programs accordingly. The SFPUC’s conservation
forecast model estimates the population of toilets by flush volume, and staff use this for guidance on when to start, end, and change incentive programs. Through SFPUC incentives and actions customers have taken on their own, the percentage of high- volume toilets (3.5 gpf -plus) dropped from about 70% in residential properties in 1998 to under 15% in 2025. The model shows that 1.6 gpf toilets reflect about 40% of today’s (2025) toilet population. As the remaining quantities of 3.5 gpf- plus toilets dwindle, the SFPUC has turned to incentivizing replacement of 1.6 gpf toilets with models more efficient than as required by the California Plumbing Code. Additionally, many California water utilities, including the SFPUC, are opting to continue toilet replacement incentive programs to help meet new state indoor water efficiency standards that became effective in 2024.
The SFPUC’s free toilet direct install program established through Commission Resolution 16-0179 ends in 2025. It is the second such direct install program since 2010. The new Ultra-High Efficiency Toilet Rebate Program (Program) will enable the SFPUC to continue to help customers replace toilets and save water, but at less cost to the SFPUC and provide more choices to customers in terms of which new toilets they can purchase.
The SFPUC reviewed its past toilet incentive programs, other water utility toilet incentive programs , and conferred with industry experts to develop
this program. Additionally, a 2023 Pacific Institute
evaluation of the SFPUC’s water efficiency programs recommended the SFPUC continue to incentivize replacement of 1.6 gpf toilets, which are now 10 to 30 years old. The Program would offer two rebate amounts based on the water efficiency of the U .S.
Environmental Protection Agency ( EPA)
WaterSense Certified,
Maximum Performance (MaP) premium rated toilet purchased.
Public Hearing to Approve an Ultra High Efficiency Toilet Rebate Program and Adopt Rules and Regulations Commission Meeting Date: April 8, 2025
Qualifying customers would receive a rebate of up to $100 per fixture off the purchase cost of a single -flush tank type toilet with a maximum rated flush volume of 1.1 gpf, or a rebate of up to $200 per fixture off the purchase cost of a single -flush tank type toilet with a maximum rated flush volume of 0.8 gpf. Offering these two options will provide more product choice to customers while also promoting greater water efficiency.
The EPA WaterSense water-efficient product labeling program certifies toilets through independent laboratory testing to meet criteria for both performance and efficiency. Only toilets that complete the third- party certification process can earn the WaterSense Label. MaP is an industry
standard for toilet testing in the U.S. that uses a third-party testing method to rate and certif y toilet performance by measuring effective solid waste removal. MaP Premium toilets are certified to meet the most rigorous performance and efficiency criteria.
Description of Action: Staff recommends the Commission approve the Ultra -High Efficiency Toilet Rebate Program and adopt the attached Rules and Regulations to govern its administration. The Program is intended to encourage residential, commercial, industrial, and institutional properties in the SFPUC retail service area to replace existing tank type toilets that have a rated flush volume of 1.6 gpf or greater with new EPA WaterSense Certified, MaP Premium rated ultra- high efficiency single-flush tank type toilets that have a maximum rated flush volume of 1.1 gallons per flush (gpf)
or less. The SFPUC will
provide a rebate of up to $100 per qualifying toilet with a maximum rated flush volume of 1.1 gpf, and up to $200 per qualifying toilet with a maximum rated flush volume of 0.8 gpf.
As provided under the proposed Program Rules and Regulations (attached), to qualify to receive a rebate, applicants must meet all eligibility requirements, submit a complete and accurate application, and provide proof of purchase and installation. The SFPUC pays rebates on a reimbursable basis and the amount of the rebate would be limited to the actual or documented cost of the toilet, whichever is less.
If approved, SFPUC Water Conservation staff will administer the Program, in compliance with SFPUC accounting and City of San Francisco Controller’s Office guidelines. The SFPUC intends to promote the Program through multiple means, including but not limited to, information on the SFPUC’s website
(www.sfpuc.gov/savewater), articles in the SFPUC’s printed and electronic newsletters to customers, social media posts, emails, and co-promotion through homeowner associations and business organizations.
Budget & Costs: The Program will be funded through the Water Conservation operating budget. The specific account within the operating budget Public Hearing to Approve an Ultra High Efficiency Toilet Rebate Program and Adopt Rules and Regulations Commission Meeting Date: April 8, 2025
that funds conservation rebates has an annual budget of approximately $2.2 million for the current Fiscal Year and the same amount is anticipated for the next Fiscal Year (2025-2026).
Schedule: If this action is approved by the Commission, the Program and associated Rules and Regulations will become effective July 1, 2025.
Environmental Review: This action does not constitute a “project” under the California Environmental Quality Act Guidelines section 15378(a) because there would be no physical change in the environment.
Attachment(s): 1. Ultra-High Efficiency Toilet Rebate Program Rules and Regulations
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, The San Francisco Public Utilities Commission (SFPUC) is committed to helping its customers achieve and maintain efficient water use, and an Ultra - High Efficiency Toilet Rebate Program (Program) encourages replacement of old toilets that use more water than allowed under the current California Plumbing Code with the most water-efficient toilets available to increase indoor water efficiency; and
WHEREAS, The Program provides rebates to residential, commercial , industrial , and institutional customers in the SFPUC’s retail service area to replace old, inefficient tank type toilets that have a rated flush volume of 1.6 gallons per flush or more with toilets that are U.S. Environmental Protection Agency WaterSense Certified, Maximum Performance Premium rated ultra -high efficiency single -flush tank type toilets that are more water-efficient than current California standards, for up to $100 per new toilet with a maximum rated flush volume of 1.1 gallons per flush, and up to $200 per new toilet with a maximum rated flush volume of 0.8 gallons per flush; and
WHEREAS, The attached Rules and Regulations to govern the Program would establish requirements for eligibility and payment of any rebate; and
WHEREAS, This action does not constitute a “project” under the California Environmental Quality Act Guidelines section 15378(a) because there would be no physical change in the environment; and
WHEREAS, On April 8, 2025, this Commission held a hearing to consider the proposed Rules and Regulations for the Program, for which notice was posted on March 19, 2025, in conformance with Charter Section 4.104; therefore, be it
RESOLVED, That this Commission hereby approves the Program; and be it further
RESOLVED, That this Commission hereby adopts the Rules and Regulations for the Ultra-High Efficiency Toilet Rebate Program, effective July 1, 2025, and delegates to the General Manager the authority to make any nonmaterial changes to the Rules and Regulations for correction, clarification, or consistency.
I hereby certify that the foregoing resolution was adopted by the San Francisco Public Utilities Commission at its meeting of April 8, 2025.
Director of Commission Affairs
San Francisco Public Utilities Commission
Fo
San Francisco Public Utilities Commission
Rules and Regulations Implementing the
Ultra-High Efficiency Toilet Rebate
Program
Daniel Lurie, Mayor
COMMISSIONERS
Kate H. Stacy, President
Joshua Arce, Vice President
Avni Jamdar
Stephen E. Leveroni
Adopted: April 8, 2025, by Commission Resolution No. [XXXXXX] Effective: July 1, 2025
City and County of San Francisco Public Utilities Commission Ultra-High Efficiency Toilet Rebate
Program Rules and Regulations
i Adopted: April 8, 2025
Effective: July 1, 2025
THE ULTRA-HIGH EFFICIENCY TOILET REBATE PROGRAM
The purpose of the Ultra-High Efficiency Rebate Program (Program) is to save water by encouraging residential, commercial, industrial and institutional account holders and property owners in the San Francisco Public Utilities (SFPUC) retail service area to replace old, water-wasting toilets with rated flush volumes of
1.6 gallons per flush (gpf) or more with U.S. Environmental Protection Agency (EPA) WaterSense, Maximum Performance tested (MaP) Premium certified ultra-high efficiency single flush tank type toilets that are more water-efficient than current California standards. The SFPUC provides two rebate amounts: up to $100 for installation of qualifying toilets with a maximum rated flush volume of 1.1 gpf and up to $200 for installation of qualifying toilets with a maximum rated flush volume of 0.8 gpf. The rebate program is intended for residential, commercial, industrial, and institutional buildings served by a SFPUC water service account.
AUTHORITY FOR AND PURPOSE OF THESE RULES AND REGULATIONS The SFPUC has adopted these Rules and Regulations, as may be amended, to provide rules for participation in the Program.
City and County of San Francisco Public Utilities Commission Ultra-High Efficiency Toilet Rebate
Program Rules and Regulations
ii Adopted: April 8, 2025
Effective: July 1, 2025
TABLE OF CONTENTS
RULE 1.0 – DEFINITIONS ...................................................................................................................... 1 RULE 2.0 – GENERAL ULTRA-HIGH EFFICIENCY TOILET REBATE PROGRAM INFORMATION ..................... 3 RULE 3.0 – ULTRA-HIGH EFFICIENCY TOILET REBATE PROGRAM REQUIREMENTS .................................. 4 RULE 4.0 -- PARTICIPATION PROCESS ...................................................................................................6 City and County of San Francisco Public Utilities Commission Ultra-High Efficiency Toilet Rebate Program
Rules and Regulations Page 1
RULE 1.0 – DEFINITIONS
Unless otherwise expressly stated and defined in a separate Rule, the following terms in bold font shall, for the purpose of these Regulations, have the meaning indicated following the colon (:).
Applicant: Retail customer seeking Rebate funds from the SFPUC upon Proof of Purchase and installation of a Qualifying Toilet, pursuant to the requirements of these Rules and Regulations.
Application: A complete set of required documents and information reported through the SFPUC’s water conservation online application portal.
Award: The decision by the SFPUC to provide Rebate funds, following the review and evaluation of a completed application project.
EPA WaterSense: A voluntary partnership program sponsored by the EPA, is both a label for water- efficient products and a resource for saving water.
Flush Volume: The amount of water that is released each time a toilet is flushed.
Flushometer-valve Type Toilet: Typically found in commercial settings and consist of a flush valve and a bowl.
GPF (gpf): gallons per flush
Pre-Project Inspection: A required inspection by SFPUC staff to verify pre-project site information and meter information, if applicable.
Post-Project Inspection: A required inspection by SFPUC staff to verify installation of Qualifying Toilet(s) and meter information, if applicable.
Participant: An Applicant approved by the SFPUC for a Rebate under these Rules and Regulations.
Proof of Existing Conditions: Documentation of existing toilet(s) specifications including toilet type (i.e. tank) and rated flush volume as indicated by the toilet manufacturer deemed acceptable by SFPUC staff.
Proof of Purchase: Documentation of purchase of Qualifying Toilets(s) typically consisting of itemized invoices, receipts, processed checks and/or completed bank fund transfer statements.
Proof of Installation: Documentation of installation of Qualifying Toilet(s) deemed acceptable by SFPUC staff.
Qualifying Toilet: U.S. Environmental Protection Agency (EPA) WaterSense, Maximum Performance tested (MaP) Premium certified ultra-high efficiency single flush tank type toilet with a maximum rated flush volume of up to 1.1gpf, or a maximum rated flush volume of up to
0.8 gpf.
Qualifying Products List: Official list of products that have been tested and approved for use in specific applications or under specific conditions to ensure that the products meet stringent quality and performance standards.
Maximum Performance Testing (MaP): Independent third-party testing program that uses a testing method to rate and certify toilet performance by measuring effective solid waste removal.
MaP Premium Toilet: Toilets that are EPA WaterSense certified, flush at least 600 grams of solid waste in a single flush and use no more than 4 liters (1.1 gallons) of water.
City and County of San Francisco Public Utilities Commission Ultra-High Efficiency Toilet Rebate Program
Rules and Regulations Page 2
Rebate: Funding provided based on purchase of Qualifying Toilet(s) and proper installation, and compliance with all Program requirements and conditions.
Retail Customer: Any residential, commercial, industrial, or institutional customer who receives a water bill directly from SFPUC for their own water use, and not for resale.
Retail Service Area: All property within the City and County of San Francisco, and those outside the City boundaries that are served directly by SFPUC on a retail basis.
Single Flush Toilet: A toilet that has one handle or button that is used to flush both solid and liquid waste with one push. It uses the same amount of water with each flush.
Tank Type Toilet: Typically found in residential homes and light commercial settings and consist of a water tank and a bowl which is mounted on the floor.
Ultra-High Efficiency Toilet: A toilet with a maximum rated flush volume of no more than 1.1 gallons per flush (gpf).
Wall Hung Toilet: A toilet that is mounted on the wall, with the tank hidden inside the wall.
W-9: A form issued by the U.S. Internal Revenue Service, officially called Request for Taxpayer Identification Number and Certification, a necessary submission by a Participant to receive a Rebate.
City and County of San Francisco Public Utilities Commission Ultra-High Efficiency Toilet Rebate Program
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RULE 2.0 – GENERAL ULTRA-HIGH EFFICIENCY REBATE PROGRAM INFORMATION The following information is applicable to all program sections:
2.1 PARTICIPATION GENERALLY
The SFPUC offers a rebate for qualifying U.S. Environmental Protection Agency (EPA) WaterSense, Maximum Performance tested (MaP) Premium certified ultra-high efficiency tank type single flush toilets with a maximum rated flush volume of no more than 1.1 gallons per flush (gpf). The Program is intended to encourage residential, commercial, industrial, and institutional account holders and property owners in San Francisco to improve their indoor efficiency by replacing old toilets with more water- efficient models. The rebate amount is up to $100 per each Qualifying Toilet with a maximum rated flush volume of 1.1gpf, or up to $200 per each Qualifying Toilet with a maximum rated flush volume of
0.8gpf. The rebate is limited to no more than two Qualifying Toilets p er single family properties and per multi-family dwelling units in the SFPUC’s retail service area.
2.2 APPLICANT RESPONSIBILITY
The Applicant is solely responsible for purchasing, installing, operating, and maintaining any Qualifying Toilet for which the applicant is seeking a Rebate under this Program.
2.3 RULES AND REGULATIONS
Submission of an Application constitutes an applicant’s acknowledgment and agreement that the Applicant shall comply with these Rules and Regulations as may be amended.
2.4 TERMINATION AND LIMITATION OF SFPUC LIABILITY
The SFPUC may, in its sole discretion and authority, reject an Applicant’s Application to the Program if it does not meet all eligibility requirements or include all required documentation.
The SFPUC may, in its sole discretion and authority and without notice, terminate or alter the Ultra-High Efficiency Toilet Rebate Program at any time.
Funding is limited and rebates are available on a first come, first served basis until funds run out or the Program terminates.
The SFPUC makes no representation or guarantees that participation in the Program will result in lower water bills.
SFPUC shall bear no responsibility or liability for the cost, expense, operation, maintenance, or repair of a participant’s eligible ultra-high efficiency toilet. SFPUC shall likewise bear no responsibility or liability for delay in accepting an Application, rejection of an Application, or termination of the Program.
City and County of San Francisco Public Utilities Commission Ultra-High Efficiency Toilet Rebate Program
Rules and Regulations Page 4
RULE 3.0 – ULTRA-HIGH EFFICIENCY TOILET REBATE PROGRAM PARTICIPATION REQUIREMENTS To receive a Rebate, an Applicant must meet the following eligibility criteria:
3.1 CUSTOMER ELIGIBILITY
To participate in the Program, the Applicant must:
Receive a water bill directly from the SFPUC for the applicant’s own water use or have the approval of the water account holder to participate, including the water account number. Own the property or have the approval of the property owner to participate. Be classified as a residential, commercial, industrial, or institutional (CII) entity.
3.2 ULTRA-HIGH EFFICIENCY TOILET REBATE PROGRAM ELIGIBILITY To be eligible to be awarded a Rebate, the Applicant must:
Have an existing tank type toilet that has a rated flush volume of 1.6gpf or greater. Purchase a Qualifying Toilet to replace the existing 1.6gpf or greater toilet. Install the Qualifying Toilet correctly and confirm it is functioning properly. Meet all applicable local, state, and federal laws, regulations, and ordinances. The following are not eligible for an Ultra-High Efficiency Toilet Rebate: replacement of an existing toilet with a rated flush volume that is less than 1.6 gallons per flush; replacement of an existing Flushometer- valve Type Toilet; or replacement of an existing Wall Hung Toilet.
3.3 REBATE ELIGIBILITY, AMOUNT, AND PAYMENT
(A) Rebate Eligibility
The Applicant must allow an onsite Pre -Project Inspection by SFPUC staff or submit Proof of Existing Conditions to verify that existing toilets are tank type toilets that have a rated flush volume of 1.6gpf or greater before Rebate approval. The Applicant must allow an onsite Post-Project Inspection by SFPUC staff or submit Proof of Installation to verify that Qualified Toilets have been installed before a rebate will be processed.
To receive a Rebate, an Applicant must submit a Proof of Purchase with itemized qualifying toilet costs. Receipts and/or invoices that do not include the itemized cost of qualifying toilets will be rejected.
The Applicant must submit a completed W-9 form to the City Controller by either emailing the form to [email protected] or mailing a hard copy to Supplier Management, 1 Dr. Carlton B Goodlett Place, Room 300, San Francisco, CA 94102. (B) Rebate Amount and Payment
The Rebate amount shall not exceed 100% of the Qualified Toilet purchase price (not including sales tax, shipping, and/or installation costs). The maximum rebate amount for City and County of San Francisco Public Utilities Commission Ultra-High Efficiency Toilet Rebate Program
Rules and Regulations Page 5
each Qualifying Toilet shall not exceed $100 for each Qualifying Toilet with a maximum rated flush volume of 1.1gpf, or $200 for each Qualifying Toilet with a maximum rated flush volume of 0.8gpf.
The SFPUC anticipates issuing a rebate check within 8 weeks of final approval of the Qualifying Toilet installation.
Ultra-High Efficiency Toilet Rebate Program
Rules and Regulations Page 6
RULE 4.0 – PARTICIPATION PROCESS
Applicants must follow these steps to apply:
• Read the application directions and program rules posted on the SFPUC’s web page for this program, Ultra-High Efficiency Toilet Rebate (www.sfpuc.gov/toilet), before starting an online application.
• Register the customer’s water account with the SFPUC’s Water Conservation Application System. To register, the Water Service Account Number and the account service address zip code are needed. https://conservation.sfwater.org/Login.aspx?ReturnUrl=%2f • For Applicants seeking a rebate for replacing less than five (5) toilets, submit a complete online application. A complete application must include Proof of Existing Conditions, Proof of Purchase, Proof of Installation, and a completed W-9 to the City Controller. • Proof of Existing conditions requires answering questions that indicate the toilet type (i.e. tank), and rated flush volume as indicated by manufacturer on toilet(s) to be replaced.
• The Applicant shall choose a toilet from the Qualifying Products List and purchase and install the Qualifying Toilet(s).
• The SFPUC reserves the right to conduct Post-Project Inspections to ensure program compliance. During the Post-Project Inspection, SFPUC staff will verify the installation of Qualifying Toilet(s).
• For applicants seeking rebates to replace more than five (5) toilets, complete a Pre-Project Inspection or provide visual Proof of Existing Conditions acceptable to the SFPUC prior to the purchase and installation of Qualified Toilets. SFPUC staff will verify whether the site’s existing toilets meet program requirements to be eligible for a Rebate. • Upon successful completion of the Pre-Project Inspection or SFPUC approval of visual Proof of Existing Conditions, SFPUC staff will contact the Applicant and confirm Program eligibility.
• The applicant must then complete the rest of the online application and provide Proof of Purchase, Proof of Installation within 90 days of the Pre-Inspection, and a completed W-9 to the City Controller.
• Applicant must complete a Post-Project Inspection or provide visual Proof of Installation deemed acceptable to the SFPUC after the installation of Qualified Toilets. During the Post-Project Inspection, SFPUC staff will verify the installation of Qualifying Toilet(s).
• Upon receipt of all required documentation from the Applicant, SFPUC staff will determine the final rebate amount, approve the rebate, and submit the request for payment. • A Rebate is granted on a case-by-case basis and subject to availability of funds.
Ultra-High Efficiency Toilet Rebate Program
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