Aquatic Professionals Education Council

The score—

9 wins- 2 ties and no losses- to the Texas consumer or the Pool and Spa Industry in Texas

5 Energy Conservation Bills- changed or kept in Committee

1 Licensing Bill kept in Committee

1 Groundwater Contamination Bill kept in Committee

2 Swimming Pool Fencing Bills- changed or kept in Committee

2 Swimming Pool as a Public Nuisance Bill- Tie or Neutral

1 Diving Board Bill- Kept in Calendars

1 Hurricane Preparedness left in committee- Tie or Neutral- no objections.

These changes in the proposed bills in 2007 may have saved YOUR business- Money! (And these changes were best for our Consumers)

What if every builder in Texas lost 1 or 5% of their new pool proposals because a consumer did not want the fences and door alarms?

What if during the next 2 years, service companies lost 5% of their clients when they needed to replace pumps or motors with the new regulations?

What if the new licensing regulation cost your company $500.00-$2000.00 each year, but did not eliminate competition from fly by night rip off businesses?

How many dollars would you lose?

Support APEC- send your check to protect your income.

APEC needs to hire a lobbyist- Why?

We were lucky this session- do you want your income to depend on luck?

How bills from the 2007 Legislative Session may affect your business.

HB 2764-Licensing!- Author- Craig Eiland – Texas City/Galveston

Relating to the regulation of installers of swimming pools and in-ground spas; providing penalties-

This bill was left in Committee- there were no public hearings.

Expect this issue to be a primary concern for the Swimming Pool and Spa Business next session.

ENERGY

SB 12- Energy Conservation-Author- Ellis- Swimming pool pumps-requiring multiple or variable pumps over 1 hp -Relating to programs for the enhancement of air quality, including energy efficiency standards in state purchasing and energy consumption; providing penalties.

) If the State Energy Conservation Office determines, based on written recommendations from the laboratory, that the latest published edition of the International Residential Code energy efficiency provisions or the latest published edition of the International Energy Conservation Code will result in residential or commercial energy efficiency and air quality that is equivalent to or better than the energy efficiency and air quality achievable under the editions adopted under Subsection (a) or (b), the office may by rule adopt the equivalent or more stringent editions

This bill originally would not allow the sale or installation of 1 hp or larger pumps that were not multiple or variable speed. It also had required energy efficiency for spas. This bill was passed and sent to the governor. I do not think it will be a problem as written. The above passage was added as an amendment on the floor.

HB 1122-author Anchia SB 489 author Ellis -Energy efficiency- Swimming pool pumps-requiring multiple or variable pumps over 1 hp.

Relating to efficiency standards for certain appliances; providing a civil penalty

Committee substitute pending in committee-Public Hearings held on SB 489 and HB 1122

Sec. 392.059. PORTABLE ELECTRIC SPAS. A portable electric spa may not have a standby power greater than 5(V) watts where V equals the total volume in gallons. Standby power must be measured in accordance with the test method for portable electric spas contained in Section 1604, Title 20, California Code of Regulations, as of December 2006.

Sec. 392.060. RESIDENTIAL POOL PUMP MOTORS. (a) A residential pool pump motor may not be a split-phase or capacitor start-induction run type motor.

(b) A residential pool pump motor with a capacity of one horsepower or more must have the capability of operating at more than one speed with a low speed having a rotation rate that is not more than one-half of the motor's maximum rotation rate.

(c) Pool pump motor controls must have the capability of operating the pool pump at more than one speed. The pump's default circulation speed must be the lowest speed, and the pump's high speed override capability must be governed by a control device that allows the higher circulation speed to operate only for a temporary period not to exceed one normal cycle.

Sec. 392.101. PRODUCT COMPLIANCE. (a) A new product described by Section 392.002(a) may not be sold or offered for sale in this state unless the efficiency of the new product meets or exceeds the applicable efficiency standards prescribed by the rules adopted under Subchapter B.

Expect this issue to be a primary concern for the Swimming Pool and Spa Business next session.

SB 489-Author Ellis- Houston & HB 1122 Author-Anchia-Dallas-Energy Conservation- Relating to efficiency standards for certain appliances; providing a civil penalty- similar to original wording for SB12, SB 489, HB 1122

SB 489- Left in Committee- HB 1122 Left in Committee- Public testimony taken in both Committees. Wording is almost identical to above bills.

Public Nuisance

HB 1407-Author- Williams- Houston area & SB 680 Author Murphy--Swimming pools as Public Nuisance

This bill was pushed by Harris County.

This bill was intended to protect children from pools outside the city limits that did not have a fence or cover. The swimming pool industry was a bit undecided on this bill.

(6) maintaining on abandoned and unoccupied property in a neighborhood[~~, or maintaining on any property in a neighborhood in a county with a population of more than 1.1 million,~~] a swimming pool that is not protected with:

(A) a fence that is at least four feet high and that has a latched and locked gate [~~that cannot be opened by a child~~]; and [or]

(B) a cover over the entire swimming pool that cannot be removed by a child;

(7) maintaining on any property in a neighborhood in a county with a population of more than 1.1 million a swimming pool that is not protected with:

(A) a fence that is at least four feet high and that has a latched gate that cannot be opened by a child; or

(B) a cover over the entire swimming pool that cannot be removed by a child;

the [A] county may abate a nuisance under this chapter:

(1) by demolition or removal;

(2) [~~or,~~] in the case of a nuisance under Section 343.011(c)(1), (9) [~~(8)~~], or (10) [~~(9)~~], by prohibiting or controlling [~~prohibition or control of~~] access to the premises; or

(3) in the case of a nuisance under Section 343.011(c)(6), by:

(A) prohibiting or controlling access to the premises and installing a cover that cannot be opened by a child over the entire swimming pool; or

(B) draining and filling the swimming pool

SB 680 was passed and sent to the Governor to be signed.

HB 3581- Swimming Pools as a Public Nuisance- Author –Charlie Howard- Sugarland

Relating to county authority to abate nuisances

(6) maintaining on abandoned and unoccupied property in a neighborhood, or maintaining on any property in a neighborhood in a county with a population of more than 1.1 million, a swimming pool that is not protected with:

(A) a fence that is at least four feet high and that has a latched gate that cannot be opened by a child; or

(B) a cover over the entire swimming pool that cannot be removed by a child;

HB 3581 was passed and sent to the Governor to be signed.

FENCING

HB 1869-Residential pool fence- author- Joaquin Castro- San Antonio- Relating to pool safety; providing a civil penalty. Left in Committee.

SB 971- Residential Pool Fencing-author- Van de Putte- Relating to swimming pool safety.

(2) "Pool" means a permanent swimming pool, permanent wading pool, or permanent hot tub or spa over 18 inches deep that is located at ground level, aboveground, belowground, or indoors. The term does not include a bay, lake, pond, bayou, river, creek, stream, spring, reservoir, stock tank, culvert, drainage ditch, detention pond, decorative fountain that is not built or intended to be used for immersion purposes, or other flood or drainage facility.

Sec. 761.003. VOLUNTARY POOL SAFETY RECOMMENDATIONS. (a) The department shall establish voluntary pool safety recommendations for pools at one-family and two-family residences for:

(1) pool safety equipment, including covers;

(2) pool yard enclosures, including self-closing and self-latching devices for gates in the enclosures; and

(3) devices, construction methods, materials, suction outlets, or systems designed to protect against the risk of injury or death due to all forms of entrapment or hair entanglement on suction outlets.

(b) In establishing the voluntary pool safety recommendations, the department shall consider:

(1) the risk of children drowning; and

(2) the risk of entrapment or hair entanglement.

Sec. 761.004. CONSUMER INFORMATION. (a) The department shall provide the voluntary pool safety recommendations adopted under Section 761.003 on the department's Internet website.

(b) A person who sells or manufactures pools shall provide the buyer of a pool with information on the voluntary pool safety recommendations established by the department by giving the buyer a copy of the recommendations or the address of the Internet website on which the recommendations may be viewed.

This bill passed the Senate was sent to committee in the House. It did not come back out of committee from the House- we can expect to see this in the next session. This is the second session that this bill has been filed and has had public hearings. We were able to change the wording to voluntary recommendations from required regulations for all new and existing pools.

Other Bills-

HB 2395-Diving Board Bill-Author McCall- Plano- Relating to the application of certain diving-board-related safety requirements at a public swimming pool.

This bill was sent out of committee, but did not go to a vote on the floor of the house..

HB 2922- Groundwater Contamination Bill --author Wayne Smith- Baytown/LaPorte

Relating to the prevention of groundwater contamination by swimming pool and spa chemicals; providing a penalty

This Bill was left in committee- there were no public hearings. This came from the state TCEQ. It may arise again.

SB 1010- Hurricane Preparation-author Dan Patrick- Houston- Relating to exempting sales of certain hurricane preparation and summer seasonal supplies from the sales tax for a limited period.

Public Hearing left in committee.

Support APEC- Today! www.apectexas.org

If you are not, yet, supporting APEC, it appears that we may need to hire a lobbyist, very soon. Please show your support by signing up and mailing a donation to APEC. In the very near future, APEC expects to be able to take donations and online memberships. How much could it cost you-if you don’t join?

APEC (Aquatics Professional Education Council) is a new Swimming Pool and Spa organization in Texas. APEC is made up of APSP (former NSPI) members, IPSSA members and independent pool companies that are not currently members of APSP or IPSSA