Amended in Senate June 23, 2015

Amended in Assembly April 30, 2015

Amended in Assembly April 16, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 723

Introduced by Assembly Member Rendon

February 25, 2015

An act to begin delete add Section 17921.2 to the Health and Safety Code, relating to building standards. end delete begin insert amend Sections 1101.4 and 1101.5 of the Civil Code, relating to water conservation. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 723, as amended, Rendon. begin delete Plumbing fixtures: WaterSense standards. end delete begin insert Rental property: plumbing fixtures: replacement. end insert

begin insert

Existing law requires, on and after January 1, 2017, replacement by the property owner of noncompliant plumbing fixtures in any single-family residential real property. Existing law requires, on and after January 1, 2019, replacement of noncompliant plumbing fixtures in multifamily residential real property and commercial real property, as specified.

end insert begin insert

This bill would require the lease of a single-family residential real property or any portion of a multifamily residential real property or commercial real property that is entered into, renewed, or amended after January 1, 2016, to contain a provision in which the property owner states his or her responsibility to replace all noncompliant plumbing fixtures with water-conserving plumbing fixtures on or before January 1, 2017, or January 1, 2019, respectively. The bill would authorize any party, including a city, county, or water supplier to enforce that lease provision.

end insert begin delete

Prior law, until January 1, 2014, required manufacturers selling water closets or urinals in this state to offer high-efficiency models for sale in a specified percentage of all models offered, including 50% by January 1, 2010, 67% by January 1, 2011, 75% by January 1, 2012, 85% by January 1, 2013, and 100% by January 1, 2014. It required these manufacturers, by January 30 of 2010, 2011, 2012, and 2013, to inform, in writing, the California Energy Commission of the percentage of high-efficiency models it is offering for sale that year. A violation of these requirements is a misdemeanor.

end delete begin delete

This bill would require the California Energy Commission, when setting plumbing fixture water efficiency standards, to consider the performance requirements established by the WaterSense standards set by the federal Environmental Protection Agency.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1101.4 of the end insert begin insert Civil Code end insert begin insert is amended to
read: end insert

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, 2017, a seller or transferor of
single-family residential real property shall disclose in writing to
the prospective purchaser or transferee the requirements of
subdivision (b) and whether the real property includes any
noncompliant plumbing fixtures.

begin insert

(d) The lease of any single-family residential real property that
is entered into, renewed, or amended on or after January 1, 2016,
shall contain a provision in which the property owner shall state
his or her responsibility to replace all noncompliant plumbing
fixtures with water-conserving plumbing fixtures on or before
January 1, 2017. That provision may be enforced by a city, county,
city and county, water supplier, or any other party.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1101.5 of the end insert begin insert Civil Code end insert begin insert is amended to read: end insert

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) An owner or the owner’s agent may enter the owner’s
property for the purpose of installing, repairing, testing, and
maintaining water-conserving plumbing fixtures required by this
section, consistent with notice requirements of Section 1954.

(c) On and after January 1, 2019, the water-conserving plumbing
fixtures required by this section shall be operating at the
manufacturer’s rated water consumption at the time that the tenant
takes possession. A tenant shall be responsible for notifying the
owner or owner’s agent if the tenant becomes aware that a
water-conserving plumbing fixture within his or her unit is not
operating at the manufacturer’s rated water consumption. The
owner or owner’s agent shall correct an inoperability in a
water-conserving plumbing fixture upon notice by the tenant or if
detected by the owner or the owner’s agent.

(d) (1) On and after January 1, 2014, all noncompliant plumbing
fixtures in any multifamily residential real property and any
commercial 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.

(e) On and after January 1, 2019, 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.

begin insert

(f) The lease of any portion of a multifamily residential real
property or commercial real property that is entered into, renewed,
or amended on or after January 1, 2016, shall contain a provision
in which the property owner shall state his or her responsibility
to replace all noncompliant plumbing fixtures with
water-conserving plumbing fixtures on or before January 1, 2019.
That provision may be enforced by a city, county, city and county,
water supplier, or any other party.

end insert

begin delete

SECTION 1.  

Section 17921.2 is added to the Health and Safety
Code, to read:

17921.2.  

When setting plumbing fixture water efficiency
standards, the California Energy Commission shall consider the
performance requirements established by the United States
Environmental Protection Agency WaterSense standards.

end delete