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AB-367 Water supply: building permits.(2017-2018)

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Date Published: 02/08/2017 09:00 PM
AB367:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 367


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 367, as introduced, Obernolte. Water supply: 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.
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 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) 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.