BILL NUMBER: AB 723 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 23, 2015
AMENDED IN ASSEMBLY APRIL 30, 2015
AMENDED IN ASSEMBLY APRIL 16, 2015
INTRODUCED BY Assembly Member Rendon
FEBRUARY 25, 2015
An act to add Section 17921.2 to the Health and Safety
Code, relating to building standards. amend Sections
1101.4 and 1101.5 of the Civil Code, relating to water conservation.
LEGISLATIVE COUNSEL'S DIGEST
AB 723, as amended, Rendon. Plumbing fixtures: WaterSense
standards. Rental property: plumbing fixtures:
replacement.
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.
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.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1101.4 of the Civil
Code is amended to read:
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.
(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.
SEC. 2. Section 1101.5 of the Civil
Code is amended to read:
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.
(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.
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.