BILL NUMBER: SB 407 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 31, 2009
AMENDED IN ASSEMBLY JULY 1, 2009
AMENDED IN SENATE MAY 20, 2009
AMENDED IN SENATE APRIL 23, 2009
AMENDED IN SENATE APRIL 13, 2009
INTRODUCED BY Senator Padilla
FEBRUARY 26, 2009
An act to amend Section 1102.6 of, and to add Article 1.4
(commencing with Section 1101.1) to Chapter 2 of Title 4 of Part 4 of
Division 2 of, the Civil Code, relating to water conservation.
LEGISLATIVE COUNSEL'S DIGEST
SB 407, as amended, Padilla. Property transfers: plumbing fixtures
replacement.
(1) Existing law authorizes public entities that supply water, by
the adoption of an ordinance or resolution pursuant to specified
procedures, to adopt and enforce a water conservation program.
Existing law requires certain disclosures to be made upon the
transfer of real estate. Existing law requires that all water closets
or urinals sold or installed in the state use no more than an
average of 1.6 gallons or one gallon per flush, respectively.
This bill would establish requirements for residential and
commercial real property built and available for use on or before
January 1, 1994, for replacing plumbing fixtures that are not water
conserving, as defined as noncompliant plumbing fixtures. On and
after January 1, 2014, the bill would require, for all building
alterations or improvements to single-family residential real
property, as defined, that water-conserving plumbing fixtures replace
other noncompliant plumbing fixtures as a condition for issuance of
a certificate of final completion and occupancy or final permit
approval by the local building department. By creating a new duty to
inspect for local officials, this bill would impose a state-mandated
local program. The bill would require, on or before January 1, 2017,
that all noncompliant plumbing fixtures in any single-family
residential real property shall be replaced by the property owner
with water-conserving plumbing fixtures.
The bill would require, on or before January 1, 2019, that all
noncompliant plumbing fixtures in multifamily residential real
property and commercial real property, as defined, be replaced with
water-conserving plumbing fixtures. The bill would require, on and
after January 1, 2014, for specified building alterations or
improvements to multifamily residential real property and commercial
real property, that water-conserving plumbing fixtures replace other
noncompliant plumbing fixtures as a condition for issuance of a
certificate of final completion and occupancy or final permit
approval by the local building department. By creating a new duty to
inspect for local officials, this bill would impose a state-mandated
local program.
The bill would require, on and after January 1, 2011, that a
seller or transferor of single-family residential real property,
multifamily residential real property, or commercial real property
disclose to a purchaser or transferee, in writing, specified
requirements for replacing plumbing fixtures, and whether the real
property includes noncompliant plumbing. The bill would provide that
the application of its requirements may be postponed up to one year,
as specified, with respect to a building for which a demolition
permit has been issued. The bill would permit a city or county to
enact a local ordinance or policy that promotes compliance with the
bill's provisions or that will result in greater water savings than
otherwise provided by the bill. The bill would provide that it does
not preempt local ordinances requiring from
retrofit of noncompliant plumbing fixtures adopted prior to July 1,
2009, that are at least as restrictive as its provisions.
(2) Existing law requires certain transferors of real property
improved with 1 to 4 dwelling units to make specified disclosures to
prospective transferees regarding the characteristics of the property
and prescribes forms for the purpose of making these disclosures.
This bill would revise the disclosure form described above to
include references to water-conserving plumbing fixtures.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 1.4 (commencing with Section 1101.1) is added
to Chapter 2 of Title 4 of Part 4 of Division 2 of the Civil Code, to
read:
Article 1.4. Installation of Water Use Efficiency Improvements
1101.1. The Legislature finds and declares all of the following:
(a) Adequate water supply reliability for all uses is essential to
the future economic and environmental health of California.
(b) Environmentally sound strategies to meet future water supply
and wastewater treatment needs are key to protecting and restoring
aquatic resources in California.
(c) There is a pressing need to address water supply reliability
issues raised by growing urban areas.
(d) Economic analysis by urban water agencies has identified urban
water conservation as a cost-effective approach to addressing water
supply needs.
(e) There are many water conservation practices that produce
significant energy and other resource savings that should be
encouraged as a matter of state policy.
(f) Since the 1991 signing of the "Memorandum of Understanding
Regarding Urban Water Conservation in California," many urban water
and wastewater treatment agencies have gained valuable experience
that can be applied to produce significant statewide savings of
water, energy, and associated infrastructure costs. This experience
indicates a need to regularly revise and update water conservation
methodologies and practices.
(g) To address these concerns, it is the intent of the Legislature
to require that residential and commercial real property built and
available for use or occupancy on or before January 1, 1994, be
equipped with water-conserving plumbing fixtures.
(h) It is further the intent of the Legislature that retail water
suppliers are encouraged to provide incentives, financing mechanisms,
and funding to assist property owners with these retrofit
obligations.
1101.2. Except as provided in Section 1101.7, this article shall
apply to residential and commercial real property built and available
for use on or before January 1, 1994.
1101.3. For the purposes of this article:
(a) "Commercial real property" means any real property that is
improved with, or consisting of, a building that is intended for
commercial use, including hotels and motels, that is not a
single-family residential real property or a multifamily residential
real property.
(b) "Multifamily residential real property" means any real
property that is improved with, or consisting of, a building
containing more than one unit that is intended for human habitation,
or any mixed residential-commercial buildings or portions thereof
that are intended for human habitation. Multifamily residential real
property includes residential hotels but does not include hotels and
motels that are not residential hotels.
(c) "Noncompliant plumbing fixture" means any of the following:
(1) Any toilet manufactured to use more than 1.6 gallons of water
per flush.
(2) Any urinal manufactured to use more than one gallon of water
per flush.
(3) Any showerhead manufactured to have a flow capacity of more
than 2.5 gallons of water per minute.
(4) Any interior faucet that emits more than 2.2 gallons of water
per minute.
(d) "Single-family residential real property" means any real
property that is improved with, or consisting of, a building
containing not more than one unit that is intended for human
habitation.
(e) "Water-conserving plumbing fixture" means any fixture that is
in compliance with current building standards applicable to a newly
constructed real property of the same type.
(f) "Sale or transfer" means the sale or transfer of an entire
real property estate or the fee interest in that real property estate
and does not include the sale or transfer of a partial interest,
including a leasehold.
1101.4. (a) On and after January 1, 2014, for all building
alterations or improvements to single-family residential real
property, as a condition for issuance of a certificate of final
completion and occupancy or final permit approval by the local
building department, the permit applicant shall replace all
noncompliant plumbing fixtures with water-conserving plumbing
fixtures.
(b) On or before January 1, 2017, noncompliant plumbing fixtures
in any single-family residential real property shall be replaced by
the property owner with water-conserving plumbing fixtures.
(c) On and after January 1, 2011, a seller or transferor of
single-family residential real property shall disclose in writing to
the prospective purchaser or transferee, pursuant to Section 1102.6,
the requirements of subdivision (b) and whether the real property
includes any noncompliant plumbing fixtures.
1101.5. (a) On or before January 1, 2019, all noncompliant
plumbing fixtures in any multifamily residential real property and in
any commercial real property shall be replaced with water-conserving
plumbing fixtures.
(b) (1) On and after January 1, 2014, all noncompliant plumbing
fixtures in any multifamily residential real property and any
commercial residential real property shall be replaced with
water-conserving plumbing fixtures in the following circumstances:
(A) For building additions in which the sum of concurrent building
permits by the same permit applicant would increase the floor area
of the space in a building by more than 10 percent, the building
permit applicant shall replace all noncompliant plumbing fixtures in
the building.
(B) For building alterations or improvements in which the total
construction cost estimated in the building permit is greater than
one hundred fifty thousand dollars ($150,000), the building permit
applicant shall replace all noncompliant plumbing fixtures that
service the specific area of the improvement.
(C) Notwithstanding subparagraph (A) or (B), for any alterations
or improvements to a room in a building that require a building
permit and that room contains any noncompliant plumbing fixtures, the
building permit applicant shall replace all noncompliant plumbing
fixtures in that room.
(2) Replacement of all noncompliant plumbing fixtures with
water-conserving plumbing fixtures, as described in paragraph (1),
shall be a condition for issuance of a certificate of final
completion and occupancy or final permit approval by the local
building department.
(c) On and after January 1, 2011, a seller or transferor of
multifamily residential real property or of commercial real property
shall disclose to the prospective purchaser or transferee, in
writing, the requirements of subdivision (a) and whether the property
includes any noncompliant plumbing fixtures. This disclosure may be
included in other transactional documents.
1101.6. The duty of an owner or building permit applicant to
comply with the requirements of this article shall be postponed for
one year from the date of issuance of a demolition permit for the
building. If the building is demolished within the one-year
postponement, the requirements of this article shall not apply. If
the building is not demolished after the expiration of one year, the
provisions of this article shall apply, subject to appeal to the
local building department, even though the demolition permit is still
in effect or a new demolition permit has been issued.
1101.7. This article shall not apply to any of the following:
(a) Registered historical sites.
(b) Real property for which a licensed plumber certifies that, due
to the age or configuration of the property or its plumbing,
installation of water-conserving plumbing fixtures is not technically
feasible.
(c) A building for which water service is permanently
disconnected.
1101.8. A city, county, or city and county may do either of the
following:
(a) Enact local ordinances or establish policies that promote
compliance with this article.
(b) Enact local ordinances that will result in a greater amount of
water savings than those provided for in this article.
1101.9. This article does not preempt local ordinances requiring
retrofit of noncompliant plumbing fixtures adopted prior to July 1,
2009, by a city, county, or city and county that are at least as
restrictive as the requirements of this article.
SEC. 2. Section 1102.6 of the Civil Code is amended to read:
1102.6. The disclosures required by this article pertaining to
the property proposed to be transferred are set forth in, and shall
be made on a copy of, the following disclosure form:
SEC. 3. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.