California Legislature—2015–16 Regular Session

Assembly BillNo. 697


Introduced by Assembly Member Chu

February 25, 2015


An act to amend Section 1101.5 of the Civil Code, relating to water conservation.

LEGISLATIVE COUNSEL’S DIGEST

AB 697, as introduced, Chu. Water-conserving plumbing fixtures.

Existing law requires the replacement of plumbing fixtures that are not water conserving, as defined as noncompliant plumbing fixtures, in residential and commercial real property built and available for use on or before January 1, 1994, as specified.

This bill would make technical, nonsubstantive changes to these provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P1    1

SECTION 1.  

Section 1101.5 of the Civil Code is amended to
2read:

3

1101.5.  

(a) On or before January 1, 2019, all noncompliant
4plumbing fixtures inbegin delete anyend deletebegin insert aend insert multifamily residential real property
5and inbegin delete anyend deletebegin insert aend insert commercial real property shall be replaced with
6water-conserving plumbing fixtures.

7(b) An owner or the owner’s agent may enter the owner’s
8property for the purpose of installing, repairing, testing, and
P2    1maintaining water-conserving plumbing fixtures required by this
2section, consistent withbegin insert theend insert notice requirements of Section 1954.

3(c) On and after January 1, 2019, the water-conserving plumbing
4fixtures required by this section shall be operating at the
5manufacturer’s rated water consumption at the time that the tenant
6takes possession. A tenant shall be responsible for notifying the
7owner or owner’s agent if the tenant becomes aware that a
8water-conserving plumbing fixture within his or her unit is not
9operating at the manufacturer’s rated water consumption. The
10owner or owner’s agent shall correct an inoperability in a
11water-conserving plumbing fixture upon notice by the tenant or if
12detected by the owner or the owner’s agent.

13(d) (1) On and after January 1, 2014, all noncompliant plumbing
14fixtures inbegin delete anyend deletebegin insert aend insert multifamily residential real property andbegin delete anyend deletebegin insert in
15aend insert
commercial real property shall be replaced with water-conserving
16plumbing fixtures in the following circumstances:

17(A) For building additions in which the sum of concurrent
18building permits by the same permit applicant would increase the
19floor area of the space in a building by more than 10 percent, the
20building permit applicant shall replace all noncompliant plumbing
21fixtures in the building.

22(B) For building alterations or improvements in which the total
23construction cost estimated in the building permit is greater than
24one hundred fifty thousand dollars ($150,000), the building permit
25applicant shall replace all noncompliant plumbing fixtures that
26service the specific area of the improvement.

27(C) Notwithstanding subparagraph (A) or (B), for any alterations
28or improvements to a room in a building that require a building
29permit and that room contains any noncompliant plumbing fixtures,
30the building permit applicant shall replace all noncompliant
31plumbing fixtures in that room.

32(2) Replacement of all noncompliant plumbing fixtures with
33water-conserving plumbing fixtures, as described in paragraph (1),
34shall be a condition for issuance of a certificate of final completion
35and occupancy or final permit approval by the local building
36department.

37(e) On and after January 1, 2019, a seller or transferor of
38multifamily residential real property or of commercial real property
39shall disclose to the prospective purchaser or transferee, in writing,
40the requirements of subdivision (a) and whether the property
P3    1includes any noncompliant plumbing fixtures. This disclosure may
2be included in other transactional documents.



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