BILL NUMBER: SB 1173	INTRODUCED
	BILL TEXT


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  any  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  any
 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  1.6
  1.28  gallons of water per  flush.
  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. 
   (2) Any urinal manufactured to use more than  one gallon
  0.125 gallons  of water per  flush.
  flush, except a urinal designed for a prison or mental
health facility. 
   (3) Any showerhead manufactured to have a flow capacity of more
than 2.5 gallons of water per minute.
   (4)  Any interior   A residential lavatory
   faucet that emits more than  2.2 
 1.2  gallons of water per minute. 
   (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.  
   (6) A public lavatory faucet that exceeds 0.5 gallons per minute.

   (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.