Bill Text

Bill Information

PDF |Add To My Favorites |Track Bill | print page

AB-366 Water supply: new residential development: building permits.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 06/21/2017 04:00 AM
AB366:v96#DOCUMENT

Amended  IN  Senate  June 20, 2017
Amended  IN  Assembly  March 27, 2017
Amended  IN  Assembly  March 14, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 366


Introduced by Assembly Member Obernolte
(Coauthor: Assembly Member Lackey)

February 08, 2017


An act to amend Section 106.4 of the Water Code, relating to water.


LEGISLATIVE COUNSEL'S DIGEST


AB 366, as amended, Obernolte. Water supply: new residential development: building permits.
Existing law prohibits a city, including a charter city, or a county from issuing a building permit for the construction of a new residential development where a source of the water supply is water transported by a water hauler, bottled water, a water-vending machine, or a retail water facility.
This bill would exempt from the prohibition on the issuance of a building permit (1) a development where the source of water supply as described above is not significant and (2) a development of one detached single-family dwelling unit on a parcel that existed before January 1, 2017, if the water provided to the parcel will be obtained from a legal source and delivered by a licensed water hauler and the parcel is of a certain size with a prescribed average fire response time.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 106.4 of the Water Code is amended to read:

106.4.
 (a) For the purposes of this section:
(1) “Bottled water” has the same meaning as defined in Section 111070 of the Health and Safety Code.
(2) “Residential development” has the same meaning as defined in Section 65008 of the Government Code.
(3) “Retail water facility” has the same meaning as defined in Section 111070 of the Health and Safety Code.
(4) “Water-vending machine” has the same meaning as defined in Section 111070 of the Health and Safety Code.
(5) “Water hauler” has the same meaning as defined in Section 111070 of the Health and Safety Code.
(b) A city, including a charter city, or a county shall not issue a building permit for the construction of a new residential development where a significant source of water supply is water transported by a water hauler, bottled water, a water-vending machine, or a retail water facility.
(c) This section does not apply to a residence that will be rebuilt because of a natural disaster.
(d) This section does not apply to the development of one detached single-family dwelling unit on a parcel that existed before January 1, 2017, if the water provided to the parcel will be obtained from a legal source and delivered by a licensed water hauler and the parcel is either:
(1) Five acres or more more, but less than 10 acres acres, and has an average fire response time of 15 or fewer minutes.
(2) Ten acres or more and has an average fire response time of 20 or fewer minutes.
(e) The Legislature finds and declares that this section addresses a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution.