WaterSense®: Water-Efficiency Label and Partnership Program

WaterSense®: Water-Efficiency Label and Partnership Program

December 4, 2017
WaterSense®: Water-Efficiency Label and Partnership Program
WaterSense® is a voluntary labeling and partnership
58, 42 U.S.C. §6294a). EPA and the U.S. Department of
program created by the U.S. Environmental Protection
Energy (DOE) jointly manage ENERGY STAR.
Agency (EPA) to promote water efficiency. The program
initially focused on labeling water-efficient consumer
Program Design
products and has expanded to include labeling of new
WaterSense certifies labeling for products that are at least
homes as well as certifying irrigation professionals. There
20% more efficient than federally mandated water-use
are now 16,000 WaterSense-labeled products. Issues of
conservation standards and perform as well as or better than
possible consideration for Congress include the program’s
regular models. EPA has issued WaterSense specifications
authorization, appropriations, and oversight.
for eight product categories, including all products that
have federal water-use conservation standards (except for
 Authorization: WaterSense is not explicitly authorized
dishwashers and clothes washers, which have voluntary
in law. Rather, EPA implements WaterSense using
standards through ENERGY STAR) as well as some that do
broad authorities to reduce unnecessary water
not have federal standards. For products without federal
consumption (Clean Water Act, §104(a), (b), and (o))
standards, such as irrigation equipment, WaterSense
and to provide a dependably safe supply of drinking
certifications are based on calculations of average
water (Safe Drinking Water Act, §1442(a)). Legislation
efficiency.
proposed in the 115th Congress would formally
authorize the program. Similar proposals in previous
EPA also established WaterSense specifications for non-
Congresses were not enacted.
product categories. A “New Home Specification”
incorporates criteria such as hot water delivery speed and
 Appropriations: In FY2017, EPA operated WaterSense
landscape design as well as use of WaterSense products.
with $3.1 million from the agency’s discretionary
WaterSense also has specifications for certifying irrigation
appropriations. The President’s FY2018 budget request
professionals. WaterSense program guidelines do not define
proposed to eliminate funding for the program. EPA and
a timeline for review but do reserve EPA’s right to revise
other federal agencies are currently operating under a
specifications in response to technological or market
continuing resolution (P.L. 115-56) generally at FY2017
changes. To date, EPA has not revised any product
levels, minus rescissions, through December 8, 2017.
specifications, although it has made technical clarifications.
However, the national standards for plumbing products
 Oversight: In August 2017, EPA’s Office of Inspector
have not changed since the specifications were developed.
General (OIG) released a report, EPA’s Voluntary
WaterSense Program Demonstrated Success. The OIG
Figure 1. WaterSense: Promotional Label
found that the program had adequate controls to ensure
that the water savings it reported as accomplishments
were reasonable. The report recommended improving
controls for tracking the number of program partners,
such as manufacturers who use the WaterSense label
and nonprofits that promote the program.
WaterSense Origins
Congress first enacted statutory water-use conservation
measures in 1992 by amending the Energy Policy and
Conservation Act (42 U.S.C. §6295(j)-(k)) to address

toilets, showerheads, faucets, and urinals. Subsequent
Source: EPA.
actions have added dishwashers, clothes washers, and pre-
rinse spray valves to the act.
Obtaining a WaterSense Label
EPA requires all products, homes, and certification
In 2006, EPA launched the WaterSense program to
programs bearing the WaterSense label to be independently
encourage further reduction of water use. The program was
certified. For products, manufacturers must apply directly
in part a response to stakeholder requests for a program for
to a third-party certifying body that is licensed by EPA. The
water similar to the ENERGY STAR® program for energy.
certifying body and the manufacturer test the product in
Both programs use public-private partnerships intended to
accordance with methods in the EPA’s specification. EPA
educate consumers and simplify the identification of high-
does not require product recertification. Instead, certifying
efficiency products. Unlike WaterSense, ENERGY STAR
bodies must conduct annual market surveillance on at least
is authorized in law (Energy Policy Act of 2005, P.L. 109-
15% of the models it has certified for each product
category. For homes, a third-party certifying body must
approve an inspection determining that the home meets
https://crsreports.congress.gov

WaterSense®: Water-Efficiency Label and Partnership Program
necessary criteria to obtain a label. For certification of
Some organizations have raised concerns about individual
irrigation professionals, the program requires professionals
specifications, and EPA has largely addressed these
to have certain irrigation experience and pass an exam.
concerns through the specification development process.
For example, EPA modified turf grass requirements in the
Manufacturers and other applicants are responsible for costs
new home specification to address builders’ concerns about
associated with WaterSense certification, including testing
varying climates. EPA also halted efforts to develop water-
and inspections. There are no publicly available cost
softener specifications in response to wastewater utility
estimates for obtaining a WaterSense certification, in part
concerns about effects on discharges.
because WaterSense testing may be combined with testing
for other health and safety compliance requirements.
The American Water Works Association stated in its
newsletter that WaterSense products are “a vital part of
Partnership Elements
many water utility conservation programs.” Although some
EPA establishes partnerships with interested stakeholders,
groups such as Plumbing Manufacturers International have
such as product manufacturers, local governments, water
expressed concern about the potential for WaterSense
utilities, and nonprofit organizations. The three categories
specifications to be incorporated into a national requirement
of partners are (1) those who manufacture or distribute
or formal code, as long as the program remains voluntary,
products; (2) those who promote the WaterSense brand
they find it to be a positive alternative to what could be a
specifically and water efficiency in general; and (3) those
patchwork of state and local requirements.
who certify products, homes, and irrigation professionals.
In addition to using the WaterSense label, partners receive
WaterSense Legislation
access to marketing materials, opportunities to collaborate
In the 115th Congress, WaterSense provisions have been
with other partners, and recognition for achievement.
included in several bills (e.g., H.R. 3248, H.R. 3275, S.
1137, S. 1460, S. 1700). Although the details differ, the
WaterSense Implementation
bills would generally do the following:
EPA uses its discretionary appropriations to fund
implementation of its WaterSense program. Federal funding
 The bills would authorize the WaterSense program in
for the program peaked in FY2011 at $3.6 million. In
statute. Support for authorization is broadly based on
FY2017, WaterSense was supported by $3.1 million in
facilitating appropriations and providing clear program
appropriations. Roughly one-third of these funds are used
direction.
for developing the technical specifications, approving and
auditing certifying bodies, and consumer marketing.
 Each bill would direct the EPA Administrator to
Another third is spent on developing partnerships,
establish and maintain water-efficiency performance
surveillance of how the label is being used, and
standards and promote the WaterSense label. The bills
administration (e.g., website, helpline). The final third
use similar language and generally reflect the program
covers the salaries of eight full-time employees. The OIG’s
as it is currently implemented. A primary difference is
2017 report estimated that consumers saved $1,100 for
that, unlike the current program, they would all require
every federal dollar spent on the program.
review of product specifications within a certain time
frame ranging from four to 10 years.
EPA estimated that in 2016, Americans saved 534 billion
gallons of water through the WaterSense program. The
 Most of the bills would direct EPA to coordinate with
savings calculation model considered WaterSense product
DOE to avoid duplication with ENERGY STAR. Only
shipment data as well as assumptions about water use and
H.R. 3275 would authorize appropriations for the
product lifetimes. For comparison purposes, the U.S.
program ($50 million over four years). H.R. 3248 would
Geological Survey estimated that in 2010, public water
also require WaterSense products to receive preference
systems in the U.S. withdrew roughly 15 trillion gallons of
in certain federal procurement and would authorize
water for domestic, commercial, and industrial uses.
incentive programs for residential water efficiency
based on WaterSense products.
Although WaterSense is a voluntary program, it has been
adopted more formally in several contexts:
WaterSense appropriations are under consideration in the
115th Congress. In its report (H.Rept. 115-238)
 Some states (e.g., California, Colorado, Georgia, New
accompanying H.R. 3354 as reported on July 21, 2017, the
York, and Texas) have incorporated WaterSense into
House Committee on Appropriations stated that it “rejects
aspects of their minimum standards for products.
the proposed elimination of the WaterSense program.” The
same expression of support for the program is included in
 Some states (e.g., Georgia, Pennsylvania, Texas, and
the explanatory statement accompanying the Senate
Virginia) have provided tax holidays or other incentives
Appropriations Committee chairman’s draft FY2018
for purchases of WaterSense products.
Interior, Environment Appropriations bill, released on
November 20, 2017. Additionally, the explanatory
 Executive Order 13693, Planning for Federal
statement recommended funding at FY2017 levels.
Sustainability in the Next Decade (March 25, 2015),
directs federal agencies to give purchase preference to
Keara B. Moore, Analyst in Environmental Policy
WaterSense-certified products and services.
IF10787
https://crsreports.congress.gov

WaterSense®: Water-Efficiency Label and Partnership Program

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.
Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has
been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the
United States Government, are not subject to copyright protection in the United States. Any CRS Report may be
reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include
copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you
wish to copy or otherwise use copyrighted material.

https://crsreports.congress.gov | IF10787 · VERSION 6 · NEW