BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 837|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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CONSENT
Bill No: SB 837
Author: Blakeslee (R)
Amended: 4/12/11
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 4/5/11
AYES: Evans, Harman, Blakeslee, Corbett, Leno
SUBJECT : Residential real property: disclosures
SOURCE : California Association of Realtors
DIGEST : This bill informs prospective purchasers of
residential property of existing requirements by requiring
disclosure of "water-conserving plumbing fixtures" in the
statutorily required transfer disclosure statement.
ANALYSIS : Existing law requires that a transferor of
real property improved with one to four dwellings provide
disclosures regarding certain characteristics of the
property by means of a prescribed form. Existing law
requires that, on or before January 1, 2017, a
single-family residential property be equipped with
water-conserving plumbing fixtures, as defined.
This bill revises the form described above to require that
a transferor of real property, as described above, disclose
whether or not the property is equipped with
water-conserving plumbing fixtures.
CONTINUED
SB 837
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Background
SB 407 (Padilla), Chapter 587, Statutes of 2009, which
passed the Senate (25-15) on September 11, 2009,
established requirements for the replacement of non-water
conserving plumbing fixtures in specified properties built
on or before January 1, 1994. For single-family
residential properties, SB 407 imposed a requirement that
noncompliant fixtures be replaced with water conserving
fixtures on or before January 1, 2017. On or after that
date, sellers of those properties must disclose both the
requirement to replace noncompliant fixtures and whether
the property includes any noncompliant fixtures.
In order to provide buyers of residential real property
with pertinent information about a subject property,
existing law requires sellers to disclosure various details
about the property on a transfer disclosure statement
(TDS). This bill facilitates notification of the above
requirements by amending the TDS to also include disclosure
about whether the residence has any "water-conserving
plumbing fixtures." A similar provision was included in SB
407, but was removed in the final set of Assembly Floor
amendments.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 4/12/11)
California Association of Realtors (source)
ARGUMENTS IN SUPPORT : According to the author's office,
this bill adds language that is necessary to implement SB
407 to the transfer disclosure statement. The author
states: "SB 407 (Padilla) originally contained this bill
language but when there was difficulty reconciling this
language with other pending amendments to the Transfer
Disclosure Statement, this language was dropped to
accommodate the addition of a disclosure for carbon
monoxide detectors."
SB 837
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RJG:mw 4/12/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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