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SB-1366 Real property disclosure requirements: domestic water storage tank assistance.(2023-2024)

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Date Published: 06/14/2024 09:00 PM
SB1366:v96#DOCUMENT

Senate Bill No. 1366
CHAPTER 21

An act to add Section 1102.156 to the Civil Code, relating to real estate.

[ Approved by Governor  June 14, 2024. Filed with Secretary of State  June 14, 2024. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1366, Hurtado. Real property disclosure requirements: domestic water storage tank assistance.
Existing law requires that specified disclosures be made upon any transfer by sale, exchange, real property sales contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of any single-family residential property.
Existing law authorizes the State Water Resources Control Board to provide grants to eligible applicants to be used to provide interim relief, as specified, to households in which a private water well has gone dry, or has been destroyed, due to drought, wildfire, or other natural disaster.
This bill would require a seller of any real property who received domestic water storage tank assistance or is aware the real property received such assistance and the real property currently still has the domestic water storage tank to deliver a disclosure statement to the prospective buyer. The bill would prescribe certain information to be included in the disclosure, including that the property has a domestic water storage tank provided by a county, community water system, local public agency, or nonprofit organization, as specified, and that the domestic water storage tank might not convey with the real property.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 1102.156 is added to the Civil Code, immediately following Section 1102.155, to read:

1102.156.
 On or after January 1, 2025, in addition to any other disclosure required pursuant to this article, a seller of any real property who received domestic water storage tank assistance pursuant to Section 13194 of the Water Code, or is aware the real property received such assistance and the real property currently still has the domestic water storage tank, shall deliver to the prospective buyer a disclosure statement that includes all of the following information in substantially the following form:
(a) This property has a domestic water storage tank provided by a county, community water system, local public agency, or nonprofit organization, pursuant to Section 13194 of the Water Code.
(b) The domestic water storage tank was made available to households that had a private water well that had gone dry, or had been destroyed due to drought, wildfire, other natural disasters, or was otherwise nonfunctioning.
(c) The domestic water storage tank provided pursuant to Section 13194 of the Water Code might not convey with the real property.
(d) Due to the water well issues that led to this property obtaining assistance pursuant to Section 13194 of the Water Code, the buyer is advised to have an inspection of the water well and to have a professional evaluate the availability of water to the property to ensure it suits the purposes for which the buyer is purchasing the property.