Amended in Senate June 21, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2555


Introduced bybegin delete Committee on Water, Parks, and Wildlife (Assembly Members Levine (Chair), Dodd, Cristina Garcia, Gomez, Lopez, Mathis, Medina, and Williams)end deletebegin insert Assembly Member Levineend insert

February 19, 2016


An act tobegin delete amend Sections 2115.5 and 2301 of, and to amend and repeal Sections 2074.2, 2074.6, 2074.8, and 2075.5 of, the Fish and Game Code, relating to fish and wildlife.end deletebegin insert add Section 18940.7 to the Health and Safety Code, relating to building standards.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2555, as amended, begin deleteCommittee on Water, Parks, and Wildlifeend delete begin insertLevineend insert. begin deleteFish and wildlife. end deletebegin insertBuilding standards: water conserving plumbing fixtures.end insert

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The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission for approval and adoption. Existing law requires the commission to publish, or cause to be published, editions of the California Building Standards Code in its entirety once every 3 years. Existing law requires the California Building Standards Commission to, among other things, research and assist in the development of mandatory green building standards for the installation of recycled water systems for newly constructed commercial and public buildings, as specified.

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This bill would require the California Building Standards Commission to develop regulations and mandatory building standards for the installation of water conserving plumbing fixtures, as defined, in existing nonresidential and public buildings, including installation in all nonresidential buildings by January 1, 2022.

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(1) The California Endangered Species Act requires the Fish and Game Commission to establish a list of endangered species and a list of threatened species, and requires the department to recommend, and the commission to adopt, criteria for determining if a species is endangered or threatened. Under the act, an interested person may petition the commission to add a species to, or remove a species from, either the list of endangered species or the list of threatened species, and existing law requires the commission to consider the petition at a meeting, as prescribed. Existing law, until January 1, 2017, establishes additional procedures for the review of a petition, including public hearings and public comment.

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This bill would extend those procedures indefinitely.

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(2) Existing law requires the Department of Fish and Wildlife to develop and implement a recovery strategy pilot program for coho salmon. Existing law repeals the authority for the pilot program on January 1, 2017, but requires any recovery strategy that has been approved or implemented prior to that date to remain in effect.

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The bill would extend these provisions until January 1, 2020.

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(3) Existing law generally prohibits a person from possessing, importing, shipping, or transporting in the state, or from placing, planting, or causing to be placed or planted in any water within the state, dreissenid mussels, and authorizes the Director of Fish and Game or his or her designee to engage in various enforcement activities. Existing law provides that a person who violates or resists, delays, obstructs, or interferes with the implementation of these provisions is subject to a penalty, in an amount not to exceed $1,000, that is imposed administratively by the department. Existing law exempts certain entities from enforcement activities, or from civil or criminal liability, under prescribed circumstances. These provisions are repealed on January 1, 2017.

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This bill would extend these provisions to January 1, 2020.

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Under existing law, a violation of these provisions is a crime. By extending the operation of these provisions, this bill would impose a state-mandated local program.

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(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

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

P3    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 18940.7 is added to the end insertbegin insertHealth and Safety
2Code
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begin insert, to read:end insert

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begin insert18940.7.end insert  

(a) (1) The commission shall adopt regulations and
4mandatory building standards for the installation of water
5conserving plumbing fixtures in existing nonresidential and public
6buildings.

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(2) The regulations and standards adopted pursuant to
8paragraph (1) shall require all nonresidential buildings to have
9water conserving fixtures installed by January 1, 2022.

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(3) The regulations and standards adopted pursuant to
11paragraph (1) shall not require the retrofit of existing toilets,
12urinals, and faucets unless the replacement water conserving
13fixture is 50 percent or more water efficient, or require the retrofit
14of toilets, urinals, and faucets less than five years old.

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(4) For purposes of this section, the term “water conserving
16plumbing fixtures” means toilets, urinals, and faucets that comply
17with the Appliance Efficiency Regulations (Article 4 (commencing
18with Section 1601) of Chapter 4 of Division 2 of Title 20 of the
19California Code of Regulations).

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(b) In developing and adopting the regulations and standards
21pursuant to subdivision (a), the commission may, upon
22appropriation, expend funds from the Building Standards
23Administration Special Revolving Fund established by Section
2418931.7.

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(c) The regulations and standards adopted pursuant to
26subdivision (a) may be more stringent than those provided for in
27Article 1.4 (commencing with Section 1101.1) of Chapter 2 of Title
284 of Part 4 of Division 2 of the Civil Code and, in the event of any
29conflict, shall supersede that article.

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All matter omitted in this version of the bill appears in the bill as introduced in the Assembly, February 19, 2016. (JR11)



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