Senate Bill No. 1173

Introduced by Senator Hertzberg

February 18, 2016

An act to amend Section 1101.3 of the Civil Code, relating to water conservation.

LEGISLATIVE COUNSEL’S DIGEST

SB 1173, as introduced, Hertzberg. Water-conserving plumbing fixtures.

Existing law requires the replacement of plumbing fixtures that are not water conserving, defined as “noncompliant plumbing fixtures,” in residential and commercial real property built and available for use on or before January 1, 1994, as specified. Existing law defines “commercial real property,” “multifamily residential real property,” and “water-conserving plumbing fixture” for purposes of these provisions.

This bill would amend the definition of specified noncompliant plumbing fixtures to lower water usage thresholds.

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

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

SECTION 1.  

Section 1101.3 of the Civil Code is amended to
read:

1101.3.  

For the purposes of this article:

(a) “Commercial real property” means begin delete any end delete real property that is
improved with, or consisting of, a building that is intended for
commercial use, including hotels and motels, that is not a
single-family residential real property or a multifamily residential
real property.

(b) “Multifamily residential real property” means begin delete any end delete real
property that is improved with, or consisting of, a building
containing more than one unit that is intended for human habitation,
or any mixed residential-commercial buildings or portions thereof
that are intended for human habitation. Multifamily residential
real property includes residential hotels but does not include hotels
and motels that are not residential hotels.

(c) “Noncompliant plumbing fixture” means any of the
following:

(1) Any toilet manufactured to use more than begin delete 1.6 end delete begin insert 1.28 end insert gallons
of water per begin delete flush. end delete begin insert flush and does not have a waste evacuation
score of 350 grams or more, except a toilet designed for a prison
or mental health facility. end insert

(2) Any urinal manufactured to use more than begin delete one gallon end delete begin insert 0.125
gallons end insert of water per begin delete flush. end delete begin insert flush, except a urinal designed for a
prison or mental health facility. end insert

(3) Any showerhead manufactured to have a flow capacity of
more than 2.5 gallons of water per minute.

(4)  begin delete Any interior end delete begin insert A residential lavatory end insert begin insert end insert faucet that emits more
than begin delete 2.2 end delete begin insert 1.2 end insert gallons of water per minute.

begin insert

(5) A kitchen faucet that emits more than 1.8 gallons per minute,
except that the faucet may have the capacity to increase to 2.2
gallons per minute momentarily for filling pots and pans.

end insert begin insert

(6) A public lavatory faucet that exceeds 0.5 gallons per minute.

end insert

(d) “Single-family residential real property” means any real
property that is improved with, or consisting of, a building
containing not more than one unit that is intended for human
habitation.

(e) “Water-conserving plumbing fixture” means any fixture that
is in compliance with current building standards applicable to a
newly constructed real property of the same type.

(f) “Sale or transfer” means the sale or transfer of an entire real
property estate or the fee interest in that real property estate and
does not include the sale or transfer of a partial interest, including
a leasehold.