BILL ANALYSIS �
SB 837
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Date of Hearing: June 14, 2011
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
SB 837 (Blakeslee) - As Amended: April 12, 2011
PROPOSED CONSENT
SENATE VOTE : 36-0
SUBJECT : Residential Real Property: Disclosures
KEY ISSUE : Should a statutorily required disclosure form
relating to transfers of resideNtial real property be updated to
include a recently enacted requirement that certain homes be
equipped with water-conserving plumbing fixtures by a specified
date?
FISCAL EFFECT : As currently in print this bill is keyed
non-fiscal.
SYNOPSIS
Legislation enacted in 2009 required that residential real
property built on or before January 1, 1994, be equipped with
water-conserving plumbing fixtures by January 1, 2017, or by
January 1, 2014, in cases of alterations or improvements. This
non-controversial technical bill merely modifies a statutorily
prescribed real property transfer disclosure form to account for
this change in the law. The bill passed off the Senate Floor on
a 36-0 vote. There is no known opposition.
SUMMARY : Revises a statutorily prescribed disclosure form
relating to real property transfers to note legal requirements
and to include a space for disclosing whether or not the
property is equipped with water-conserving plumbing fixtures, as
required by law.
EXISTING LAW :
1)Requires a seller or transferor of residential real property,
as specified, to provide the transferee with certain
disclosures about the property by use of a statutorily
prescribed disclosure form. (Civil Code Sections 1102 to
1102.6.)
SB 837
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2)Requires the owner of a single-family residential property,
built and available for use on or before January 1, 1994, to
equip the property with water-conserving plumbing fixtures on
or before January 1, 2017, or by January 1, 2014, for all
building alterations or improvements. Specifies that on or
after January 1, 2017, a seller or transferor of single-family
residential property shall disclose these requirements in
writing to the buyer or transferee and disclose whether the
property includes any noncompliant plumbing fixtures. (Civil
Code Sections 1101.1 to 1101.9.)
COMMENTS : Legislation enacted in 2009 (SB 407, Chapter 587)
required that residential real property built on or before
January 1, 1994, to be equipped with water-conserving plumbing
fixtures by January 1, 2017, or by January 1, 2014, in cases of
alterations or improvements. This non-controversial bill, which
is sponsored by the California Association of Realtors (CAR),
merely adds the necessary disclosure language to an
already-existing, statutorily prescribed real property transfer
disclosure form to account for this recent change in the law.
Although the legislation creating this new requirement had
initially included a provision for changing the form, this
provision was omitted near the end of session because of
confusion over how to reconcile the form modification with
another piece of legislation that required installation of
carbon monoxide detection devices and similar sought to modify
the required form. That technical drafting issue has been
addressed.
ARGUMENTS IN SUPPORT : According to the author and sponsor, this
bill merely updates an existing disclosure reform, the content
of which is prescribed by statute. CAR notes that SB 407
(Chapter 587, Stats. of 2009) required all single-family homes
built prior to January 1, 1994, to be equipped with
water-conserving plumbing fixtures on or before January 1, 2017,
or on or before January 1, 2014, in cases of alterations or
improvements. Amending the form now, according to CAR, will be
"of great importance to home buyers, especially those who may
alter or improve their property and thus be subject to the law
for remodeling by January 1, 2014."
REGISTERED SUPPORT / OPPOSITION :
Support
SB 837
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California Association of Realtors (sponsor)
Opposition
None on file
Analysis Prepared by : Thomas Clark / JUD. / (916) 319-2334