AB 723, as amended, Rendon. 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 leasebegin insert or rental agreementend insert 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 afterbegin delete January 1, 2016,end deletebegin insert
July 1, 2016, or January 1, 2017, respectively,end insert tobegin delete contain a provision in which the property owner states his or herend deletebegin insert be accompanied by a written disclosure stating the property owner’send insert responsibility to replace all noncompliant plumbing fixtures with water-conserving plumbing fixtures on or before January 1, 2017, or January 1, 2019, respectively.begin delete The bill would authorize any
party, including a city, county, or water supplier to enforce that lease provision.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:
Section 1101.4 of the Civil Code is amended to
2read:
(a) On and after January 1, 2014, for all building
4alterations or improvements to single-family residential real
5property, as a condition for issuance of a certificate of final
6completion and occupancy or final permit approval by the local
7building department, the permit applicant shall replace all
8noncompliant plumbing fixtures with water-conserving plumbing
9fixtures.
10(b) On or before January 1, 2017, noncompliant plumbing
11fixtures in any single-family residential real property shall be
12replaced by the property owner with water-conserving plumbing
13fixtures.
14(c) On and after January 1, 2017, a seller or transferor of
15single-family residential real property shall disclose in writing to
16the prospective
purchaser or transferee the requirements of
17subdivision (b) and whether the real property includes any
18noncompliant plumbing fixtures.
19(d) The leasebegin insert or rental agreementend insert of any single-family
20residential real property that is entered into, renewed, or amended
21on or afterbegin delete Januaryend deletebegin insert Julyend insert 1, 2016, shallbegin delete contain a provision in which begin insert
be accompanied by a
22the property owner shall state his or herend delete
23written disclosure stating the property owner’send insert responsibility to
24replace all noncompliant plumbing fixtures with water-conserving
25plumbing fixtures on or before January 1, 2017.begin delete That provision
26may be enforced by a city, county, city and county, water supplier,
27or any other party.end delete
28(e) The following provision is deemed adequate to satisfy the
29notice requirement prescribed by subdivision (d):
30
end insertbegin insert
31 “Section 1101.4 of the Civil Code requires all single-family
32residences to be equipped with water-conserving plumbing
fixtures
P3 1on or after January 1, 2017. Section 1101.5 of the Civil Code
2requires all multifamily residential real property and all
3commercial real property to be equipped with water-conserving
4plumbing fixtures on or after January 1, 2019. Fixtures in this
5dwelling, multifamily residential real property, or commercial
6property may not comply with Sections 1101.4 and 1101.5 of the
7Civil Code. The property owner is responsible for equipping this
8property with water-conserving plumbing fixtures by January 1,
92017, or January 1, 2019.”
10
end insertbegin insert
11(f) Single-family residential real properties in compliance with
12subdivision (a) or (b) shall not be required to comply with the
13notice requirement prescribed by subdivision (d).
Section 1101.5 of the Civil Code is amended to read:
(a) On or before January 1, 2019, all noncompliant
16plumbing fixtures in any multifamily residential real property and
17in any commercial real property shall be replaced with
18water-conserving plumbing fixtures.
19(b) An owner or the owner’s agent may enter the owner’s
20property for the purpose of installing, repairing, testing, and
21maintaining water-conserving plumbing fixtures required by this
22section, consistent with notice requirements of Section 1954.
23(c) On and after January 1, 2019, the water-conserving plumbing
24fixtures required by this section shall be operating at the
25manufacturer’s rated water consumption at the time that the tenant
26takes possession. A tenant shall be responsible for notifying
the
27owner or owner’s agent if the tenant becomes aware that a
28water-conserving plumbing fixture within his or her unit is not
29operating at the manufacturer’s rated water consumption. The
30owner or owner’s agent shall correct an inoperability in a
31water-conserving plumbing fixture upon notice by the tenant or if
32detected by the owner or the owner’s agent.
33(d) (1) On and after January 1, 2014, all noncompliant plumbing
34fixtures in any multifamily residential real property and any
35commercial real property shall be replaced with water-conserving
36plumbing fixtures in the following circumstances:
37(A) For building additions in which the sum of concurrent
38building permits by the same permit applicant would increase the
39floor area of the space in a building by more than 10 percent, the
P4 1building permit applicant shall replace all noncompliant plumbing
2fixtures in the
building.
3(B) For building alterations or improvements in which the total
4construction cost estimated in the building permit is greater than
5one hundred fifty thousand dollars ($150,000), the building permit
6applicant shall replace all noncompliant plumbing fixtures that
7service the specific area of the improvement.
8(C) Notwithstanding subparagraph (A) or (B), for any alterations
9or improvements to a room in a building that require a building
10permit and that room contains any noncompliant plumbing fixtures,
11the building permit applicant shall replace all noncompliant
12plumbing fixtures in that room.
13(2) Replacement of all noncompliant plumbing fixtures with
14water-conserving plumbing fixtures, as described in paragraph (1),
15shall be a condition for issuance of a certificate of final completion
16and occupancy or final
permit approval by the local building
17department.
18(e) On and after January 1, 2019, a seller or transferor of
19multifamily residential real property or of commercial real property
20shall disclose to the prospective purchaser or transferee, in writing,
21the requirements of subdivision (a) and whether the property
22includes any noncompliant plumbing fixtures. This disclosure may
23be included in other transactional documents.
24(f) The leasebegin insert
or rental agreementend insert of any portion of a multifamily
25residential real property or commercial real property that is entered
26into, renewed, or amended on or after January 1,begin delete 2016,end deletebegin insert 2017,end insert shall
27begin delete contain a provision in which the property owner shall state his or begin insert be accompanied by a written disclosure stating the property
28her end delete
29owner’send insert responsibility to replace all noncompliant plumbing
30fixtures with water-conserving plumbing fixtures on or before
31January 1, 2019.begin delete That provision may be enforced by a city, county,
32city and county, water supplier, or any other party.end delete
33(g) The following provision is deemed adequate to satisfy the
34notice requirement prescribed by subdivision (f):
35
end insertbegin insert
36 “Section 1101.4 of the Civil Code requires all single-family
37residences to be equipped with water-conserving plumbing fixtures
38on or after January 1, 2017. Section 1101.5 of the Civil Code
39requires all multifamily residential real property and all
40commercial real property to be equipped with water-conserving
P5 1plumbing fixtures on or after January 1, 2019. Fixtures in this
2dwelling, multifamily residential real property, or commercial
3property may not comply with Sections 1101.4 of 1101.5 of the
4Civil Code. The property owner is responsible for equipping this
5property with water-conserving plumbing fixtures by January 1,
6
2017, or January 1, 2019.”
7
end insertbegin insert
8(h) Multifamily residential real properties and commercial real
9properties in compliance with subdivision (a) or (d), and
10commercial real properties without plumbing fixtures, shall not
11be required to comply with the notice requirements prescribed by
12subdivision (f).
CORRECTIONS:
Text--Page 5.
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Corrected 7-27-15—See last page. 95