BILL ANALYSIS
SB 407
Page 1
Date of Hearing: August 19, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
SB 407 (Padilla) - As Amended: July 1, 2009
Policy Committee: Housing and
Community Development Vote: 4-2
Judiciary 7-3
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill requires the replacement of all noncompliant plumbing
fixtures in commercial and residential properties built prior to
1994 with water-conserving fixtures by 2017 for single family
residential properties and by 2019 for multi-family residential
and commercial properties. Specifically, this bill:
1)Requires owners of single family residences to replace all
noncompliant plumbing fixtures in the property with
water-conserving plumbing fixtures on or before January 1,
2017, and requires owners seeking building permits on or after
January 1, 2014 replace noncompliant plumbing fixtures as a
condition for receiving the permit.
2)Requires owners of multifamily residential or commercial
property to replace noncompliant plumbing fixtures with
water-conserving plumbing fixtures on or before January 1,
2019, and requires those seeking permits on or after January
1, 2014 to replace some or all noncompliant fixtures as a
condition of receiving the permits.
3)Requires sellers of both residential and non-residential
properties to disclose in writing to the prospective purchaser
or transferee the new requirement and whether the property has
noncompliant plumbing fixtures.
4)Does not preempt local ordinances requiring retrofit of
noncompliant plumbing fixtures adopted prior to July 1, 2009
by a city or county.
SB 407
Page 2
FISCAL EFFECT
The requirement that applicants for building permits replace
non-compliant fixtures as a condition for receiving permits
creates a new duty to inspect for local officials. The bill
states that should the Commission on State Mandate determine the
bill contains a cost mandate, the state will provide
reimbursement to local agencies. The annual costs for such a
mandate could exceed several millions of dollars annually.
COMMENTS
1)Background . In 1992, the Legislature passed SB 1224, Chapter
1347, that required all water closets (toilets) sold or
installed on or after January 1, 1994 to use no more than an
average of 1.6 gallons per flush, and urinals installed after
that date to use no more than an average of one gallon per
flush. In 2007, AB 715 (Laird) Chapter 499 prohibited the
sale, after January 1, 2014, of toilets that exceed 1.28
gallons per flush and urinals that exceed 0.5 gallon per
flush. The California Building Standards Commission adopted
this standard for new construction after 2011.
2)Rationale . The purpose of this bill is to more fully capture
potential water savings available from the conversion to
efficient fixtures. The author notes that reforms through
legislation and plumbing codes have already resulted in major
conservation savings, but many pre-1994 structures continue to
have older, inefficient fixtures. This bill is intended to
ensure that conversion to efficient fixtures takes place in
all homes and businesses.
3)Fee disclaimer? The bill includes a provision stating that if
the Commission on State Mandates determines that the bill
contains costs mandated by the state, reimbursement for the
costs will be made. However, given that local inspection
agencies have authority to charge fees to cover the cost of
issuing building permits, it may be appropriate to include a
fee disclaimer in the bill.
Analysis Prepared by : Brad Williams / APPR. / (916) 319-2081