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AB-723 Rental property: plumbing fixtures: replacement.(2015-2016)

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AB723:v95#DOCUMENT

Corrected  July 27, 2015
Amended  IN  Senate  July 16, 2015
Amended  IN  Senate  June 23, 2015
Amended  IN  Assembly  April 30, 2015
Amended  IN  Assembly  April 16, 2015

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill No. 723


Introduced by Assembly Member Rendon

February 25, 2015


An act to amend Sections 1101.4 and 1101.5 of the Civil Code, relating to water conservation.


LEGISLATIVE COUNSEL'S DIGEST


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 lease or rental agreement 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 after January 1, 2016, July 1, 2016, or January 1, 2017, respectively, to contain a provision in which the property owner states his or her be accompanied by a written disclosure stating the property owner’s responsibility to replace all noncompliant plumbing fixtures with water-conserving plumbing fixtures on or before January 1, 2017, or January 1, 2019, respectively. The bill would authorize any party, including a city, county, or water supplier to enforce that lease provision.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 1101.4 of the Civil Code is amended to read:

1101.4.
 (a) On and after January 1, 2014, for all building alterations or improvements to single-family residential real property, as a condition for issuance of a certificate of final completion and occupancy or final permit approval by the local building department, the permit applicant shall replace all noncompliant plumbing fixtures with water-conserving plumbing fixtures.
(b) On or before January 1, 2017, noncompliant plumbing fixtures in any single-family residential real property shall be replaced by the property owner with water-conserving plumbing fixtures.
(c) On and after January 1, 2017, a seller or transferor of single-family residential real property shall disclose in writing to the prospective purchaser or transferee the requirements of subdivision (b) and whether the real property includes any noncompliant plumbing fixtures.
(d) The lease or rental agreement of any single-family residential real property that is entered into, renewed, or amended on or after January July 1, 2016, shall contain a provision in which the property owner shall state his or her be accompanied by a written disclosure stating the property owner’s responsibility to replace all noncompliant plumbing fixtures with water-conserving plumbing fixtures on or before January 1, 2017. That provision may be enforced by a city, county, city and county, water supplier, or any other party.
(e) The following provision is deemed adequate to satisfy the notice requirement prescribed by subdivision (d):
 
“Section 1101.4 of the Civil Code requires all single-family residences to be equipped with water-conserving plumbing fixtures on or after January 1, 2017. Section 1101.5 of the Civil Code requires all multifamily residential real property and all commercial real property to be equipped with water-conserving plumbing fixtures on or after January 1, 2019. Fixtures in this dwelling, multifamily residential real property, or commercial property may not comply with Sections 1101.4 and 1101.5 of the Civil Code. The property owner is responsible for equipping this property with water-conserving plumbing fixtures by January 1, 2017, or January 1, 2019.”
 
(f) Single-family residential real properties in compliance with subdivision (a) or (b) shall not be required to comply with the notice requirement prescribed by subdivision (d).

SEC. 2.

 Section 1101.5 of the Civil Code is amended to read:

1101.5.
 (a) On or before January 1, 2019, all noncompliant plumbing fixtures in any multifamily residential real property and in any commercial real property shall be replaced with water-conserving plumbing fixtures.
(b) An owner or the owner’s agent may enter the owner’s property for the purpose of installing, repairing, testing, and maintaining water-conserving plumbing fixtures required by this section, consistent with notice requirements of Section 1954.
(c) On and after January 1, 2019, the water-conserving plumbing fixtures required by this section shall be operating at the manufacturer’s rated water consumption at the time that the tenant takes possession. A tenant shall be responsible for notifying the owner or owner’s agent if the tenant becomes aware that a water-conserving plumbing fixture within his or her unit is not operating at the manufacturer’s rated water consumption. The owner or owner’s agent shall correct an inoperability in a water-conserving plumbing fixture upon notice by the tenant or if detected by the owner or the owner’s agent.
(d) (1) On and after January 1, 2014, all noncompliant plumbing fixtures in any multifamily residential real property and any commercial real property shall be replaced with water-conserving plumbing fixtures in the following circumstances:
(A) For building additions in which the sum of concurrent building permits by the same permit applicant would increase the floor area of the space in a building by more than 10 percent, the building permit applicant shall replace all noncompliant plumbing fixtures in the building.
(B) For building alterations or improvements in which the total construction cost estimated in the building permit is greater than one hundred fifty thousand dollars ($150,000), the building permit applicant shall replace all noncompliant plumbing fixtures that service the specific area of the improvement.
(C) Notwithstanding subparagraph (A) or (B), for any alterations or improvements to a room in a building that require a building permit and that room contains any noncompliant plumbing fixtures, the building permit applicant shall replace all noncompliant plumbing fixtures in that room.
(2) Replacement of all noncompliant plumbing fixtures with water-conserving plumbing fixtures, as described in paragraph (1), shall be a condition for issuance of a certificate of final completion and occupancy or final permit approval by the local building department.
(e) On and after January 1, 2019, a seller or transferor of multifamily residential real property or of commercial real property shall disclose to the prospective purchaser or transferee, in writing, the requirements of subdivision (a) and whether the property includes any noncompliant plumbing fixtures. This disclosure may be included in other transactional documents.
(f) The lease or rental agreement of any portion of a multifamily residential real property or commercial real property that is entered into, renewed, or amended on or after January 1, 2016, 2017, shall contain a provision in which the property owner shall state his or her be accompanied by a written disclosure stating the property owner’s responsibility to replace all noncompliant plumbing fixtures with water-conserving plumbing fixtures on or before January 1, 2019. That provision may be enforced by a city, county, city and county, water supplier, or any other party.
(g) The following provision is deemed adequate to satisfy the notice requirement prescribed by subdivision (f):
 
“Section 1101.4 of the Civil Code requires all single-family residences to be equipped with water-conserving plumbing fixtures on or after January 1, 2017. Section 1101.5 of the Civil Code requires all multifamily residential real property and all commercial real property to be equipped with water-conserving plumbing fixtures on or after January 1, 2019. Fixtures in this dwelling, multifamily residential real property, or commercial property may not comply with Sections 1101.4 of 1101.5 of the Civil Code. The property owner is responsible for equipping this property with water-conserving plumbing fixtures by January 1, 2017, or January 1, 2019.”
 
(h) Multifamily residential real properties and commercial real properties in compliance with subdivision (a) or (d), and commercial real properties without plumbing fixtures, shall not be required to comply with the notice requirements prescribed by subdivision (f).