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

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Date Published: 03/14/2017 09:00 PM
AB366:v98#DOCUMENT

Amended  IN  Assembly  March 14, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 366


Introduced by Assembly Member Obernolte

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. Under existing law, this prohibition on the issuance of a building permit does not apply to a residence that will be rebuilt because of a natural disaster.
This bill would exempt from the prohibition on the issuance of a building permit a residence that will be rebuilt because of a fire and would provide that this is declaratory of existing law. This bill would exempt from the prohibition on the issuance of a building permit the development of 10 or fewer units on parcels (1) developments where the source of water supply as described above is not significant and (2) developments of one detached single-family dwelling unit on a parcel that existed before January 1, 2018, 2017, if the water provided to those parcels the parcel will be obtained from a legal source and delivered by a licensed water hauler. By imposing new duties on a city or county in connection with the issuance of a building permit, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: YESNO  

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 fire or natural disaster.
(d) This section does not apply to the development of 10 or fewer units on parcels that existed before January 1, 2018, one detached single-family dwelling unit on a parcel that existed before January 1, 2017, if the water provided to those parcels the parcel will be obtained from a legal source and delivered by a licensed water hauler.
(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.

SEC. 2.

The amendment to subdivision (c) of Section 106.4 of the Water Code made by this act does not constitute a change in, but is declaratory of, existing law.

SEC. 3.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.