Bill Text: CA SB1173 | 2015-2016 | Regular Session | Amended
Bill Title: Water-conserving plumbing fixtures: CalConserve Water
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [SB1173 Detail]
Download: California-2015-SB1173-Amended.html
BILL NUMBER: SB 1173 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 30, 2016
INTRODUCED BY Senator Hertzberg
FEBRUARY 18, 2016
An act to amend Section 1101.3 of the Civil Code,
relating to water conservation. An act to amend
Sections 1101.1, 1101.2, 1101.3, 1101.5, and 1101.7 of, and to add
Sections 1101.55 and 1101.65 to, the Civil Code, and to amend Section
81005 of the Water Code, relating to water co nservation.
LEGISLATIVE COUNSEL'S DIGEST
SB 1173, as amended, Hertzberg. Water-conserving plumbing
fixtures. fixtures: CalConserve Water Use Efficiency
Revolving Fund.
Existing law requires the replacement of
includes specified requirements to replace plumbing fixtures
that are not water conserving, defined as "noncompliant plumbing
fixtures," in to residential and
commercial real property built and available for use on or before
January 1, 1994, as specified. Existing law defines "commercial real
property," "multifamily residential real property," and
"water-conserving plumbing fixture" for purposes of these provisions.
This bill would amend the definition of specified noncompliant
plumbing fixtures to lower water usage thresholds.
This bill would apply these requirements, as specified, to
commercial real property regardless of when it was built.
Existing law requires on and after January 1, 2014, replacement of
noncompliant plumbing fixtures in specified multifamily residential
real property and commercial real property. Existing law requires on
or before January 1, 2019, replacement of noncompliant fixtures in
all multifamily residential real property and commercial real
property.
This bill would, for commercial property, instead require, on and
after January 1, 2017, the replacement of any noncompliant plumbing
fixture or fitting in specified additions, alterations, and
improvements to commercial real property and, on or before January 1,
2021, the replacement of any noncompliant plumbing fixture or
fitting in all commercial real property in accordance with a
specified schedule based on the amount of floor space. The bill would
define "noncompliant plumbing fixture" and "water-conserving
plumbing fixture" for purposes of these requirements to refer to
compliance with the State Energy Conservation and Development
Commission standards. The bill would also encourage retail water
providers to provide on-bill financing options to customers to assist
with funding for water efficiency improvements and would make
legislative findings in support of these provisions.
Existing law establishes the CalConserve Water Use Efficiency
Revolving Fund and provides that the moneys in the fund are available
to the Department of Water Resources, upon appropriation by the
Legislature, for the purpose of water use efficiency projects.
Existing law requires moneys in the fund to be used for specified
purposes including for local agencies, as defined, to provide
low-interest loans to customers to finance the installation of onsite
improvements to repair or replace, as necessary, cracked or leaking
water pipes to conserve water.
This bill would authorize county offices of education and
governing boards of school districts to receive moneys from the fund
by including those entities in the definition of a local agency.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1101.1 of the Civil
Code is amended to read:
1101.1. The Legislature finds and declares all of the following:
(a) Adequate water supply reliability for all uses is essential to
the future economic and environmental health of California.
(b) Environmentally sound strategies to meet future water supply
and wastewater treatment needs are key to protecting and restoring
aquatic resources in California.
(c) There is a pressing need to address water supply reliability
issues raised by growing urban areas.
(d) Economic analysis by urban water agencies has identified urban
water conservation as a cost-effective approach to addressing water
supply needs.
(e) There are many water conservation practices that produce
significant energy and other resource savings that should be
encouraged as a matter of state policy.
(f) Since the 1991 signing of the "Memorandum of Understanding
Regarding Urban Water Conservation in California," many urban water
and wastewater treatment agencies have gained valuable experience
that can be applied to produce significant statewide savings of
water, energy, and associated infrastructure costs. This experience
indicates a need to regularly revise and update water conservation
methodologies and practices.
(b) California is in a severe drought, and in 2014 and 2015 the
Governor issued executive orders declaring a drought emergency and
calling for mandatory water conservation.
(c) In 2015, the State Water Resources Control Board adopted
emergency regulations calling for a number of water conservation
measures, including a mandatory water use reduction requirement on
urban water suppliers.
(d) The most recent drought has highlighted the state's water
reliability challenges and vulnerabilities, and the importance of
water conservation as a short- and long-term strategy to ensure that
there are adequate water supplies for the environment and people in
the state.
(e) There is a pressing need to encourage the implementation of
sustainable water conservation efforts and practices that will
persist after the drought as a matter of state policy.
(f) There have been many recent advances in water-efficient
technologies, including advances in the efficiency of indoor water
plumbing fixtures, such as toilets, faucets, and showerheads.
(g) To address these concerns, it is the intent of the Legislature
to require that residential and commercial real
property built and available for use or occupancy on or before
January 1, 1994, be equipped with water-conserving plumbing fixtures.
(h) It is the intent of the Legislature to require that commercial
real property be equipped with water-conserving plumbing fixtures,
and that the retrofitting of water-conserving plumbing fixtures be
prioritized.
(i) Commercial real property is responsible for the highest number
of plumbing fixtures per capita, and retrofitting plumbing fixtures
to comply with new standards can help save California over 40 billion
gallons of water per year.
(j) In addition to commercial real property, there are
considerable water savings opportunities that can be achieved by
assisting California's public schools with retrofitting old and less
efficient plumbing and irrigation devices. California's public
schools have a large number of plumbing and irrigation devices and
fixtures and often lack the financial ability to retrofit them to
make them more water efficient. Retrofitting just plumbing fixtures
in schools has the potential to save over six billion gallons of
water per year.
(k) The CalConserve Water Use Efficiency Revolving Fund
established pursuant to Section 81020 of the Water Code was created
to provide low-interest loans and grants to local agencies for water
efficiency projects; however, it does not include public schools in
the types of public agencies that could participate in the fund.
(l ) It is the intent of the Legislature to add public
schools to the list of public agencies that are authorized to
participate in the CalConserve Water Use Efficiency Revolving Fund.
(h)
(m) It is further the intent of the Legislature that
retail water suppliers are encouraged to provide incentives,
financing mechanisms, and funding to assist property owners and
schools with these retrofit obligations.
retrofits and upgrades, as well as to provide customers with
information regarding private financing opportunities, such as
on-bill financing.
(n) It is further the intent of the Legislature to encourage
financial institutions to provide on-bill financing opportunities to
facilitate the financing of retrofits and upgrades.
SEC. 2. Section 1101.2 of the Civil
Code is amended to read:
1101.2. Except as provided in Section 1101.7, this article shall
apply to residential and commercial real property
built and available for use on or before January 1, 1994.
1994, and commercial real property
.
SEC. 3. Section 1101.3 of the Civil
Code is amended to read:
1101.3. For the purposes of this article:
(a) "Commercial real property" means any real property that is
improved with, or consisting of, a building that is intended for
commercial use, including hotels and motels, that is not a
single-family residential real property or a multifamily residential
real property.
(b) "Multifamily residential real property" means any real
property that is improved with, or consisting of, a building
containing more than one unit that is intended for human habitation,
or any mixed residential-commercial buildings or portions thereof
that are intended for human habitation. Multifamily residential real
property includes residential hotels but does not include hotels and
motels that are not residential hotels.
(c) "Noncompliant Except as provided by
Section 1101.55, "noncompliant plumbing fixture" means any of
the following:
(1) Any toilet manufactured to use more than 1.6 gallons of water
per flush.
(2) Any urinal manufactured to use more than one gallon of water
per flush.
(3) Any showerhead manufactured to have a flow capacity of more
than 2.5 gallons of water per minute.
(4) Any interior faucet that emits more than 2.2 gallons of water
per minute.
(d) "Single-family residential real property" means any real
property that is improved with, or consisting of, a building
containing not more than one unit that is intended for human
habitation.
(e) "Water-conserving Except as provided
by Section 1101.55, "water-conserving plumbing fixture" means
any fixture that is in compliance with current building standards
applicable to a newly constructed real property of the same type.
(f) "Sale or transfer" means the sale or transfer of an entire
real property estate or the fee interest in that real property estate
and does not include the sale or transfer of a partial interest,
including a leasehold.
SEC. 4. Section 1101.5 of the Civil
Code is amended to read:
1101.5. (a) On or before January 1, 2019, all noncompliant
plumbing fixtures in any multifamily residential real property
and in any commercial real property shall be
replaced with water-conserving plumbing fixtures.
(b) An owner or the owner's agent may enter the owner's property
for the purpose of installing, repairing, testing, and maintaining
water-conserving plumbing fixtures required by this section,
consistent with notice requirements of Section 1954.
(c) On and after January 1, 2019, the water-conserving plumbing
fixtures required by this section shall be operating at the
manufacturer's rated water consumption at the time that the tenant
takes possession. A tenant shall be responsible for notifying the
owner or owner's agent if the tenant becomes aware that a
water-conserving plumbing fixture within his or her unit is not
operating at the manufacturer's rated water consumption. The owner or
owner's agent shall correct an inoperability in a water-conserving
plumbing fixture upon notice by the tenant or if detected by the
owner or the owner's agent.
(d) (1) On and after January 1, 2014, all noncompliant plumbing
fixtures in any multifamily residential real property and
any commercial real property shall be replaced with
water-conserving plumbing fixtures in the following circumstances:
(A) For building additions in which the sum of concurrent building
permits by the same permit applicant would increase the floor area
of the space in a building by more than 10 percent, the building
permit applicant shall replace all noncompliant plumbing fixtures in
the building.
(B) For building alterations or improvements in which the total
construction cost estimated in the building permit is greater than
one hundred fifty thousand dollars ($150,000), the building permit
applicant shall replace all noncompliant plumbing fixtures that
service the specific area of the improvement.
(C) Notwithstanding subparagraph (A) or (B), for any alterations
or improvements to a room in a building that require a building
permit and that room contains any noncompliant plumbing fixtures, the
building permit applicant shall replace all noncompliant plumbing
fixtures in that room.
(2) Replacement of all noncompliant plumbing fixtures with
water-conserving plumbing fixtures, as described in paragraph (1),
shall be a condition for issuance of a certificate of final
completion and occupancy or final permit approval by the local
building department.
(e) On and after January 1, 2019, a seller or transferor of
multifamily residential real property or of commercial real
property shall disclose to the prospective purchaser or
transferee, in writing, the requirements of subdivision (a) and
whether the property includes any noncompliant plumbing fixtures.
This disclosure may be included in other transactional documents.
SEC. 5. Section 1101.55 is added to the
Civil Code , immediately following Section 1101.5
, to read:
1101.55. (a) Notwithstanding Section 1101.3, for purposes of this
section the following definitions shall apply:
(1) "Noncompliant plumbing fixture" means any fixture or fitting
that is not in compliance with the State Energy Conservation and
Development Commission Appliance Efficiency Regulations (Article 4
(commencing with Section 1601) of Chapter 4 of Division 2 of Title 20
of the California Code of Regulations) for toilets, urinals, and
faucets.
(2) "Water-conserving plumbing fixture" means any fixture or
fitting that is in compliance with the State Energy Conservation and
Development Commission Appliance Efficiency Regulations (Article 4
(commencing with Section 1601) of Chapter 4 of Division 2 of Title 20
of the California Code of Regulations) for toilets, urinals, and
faucets.
(b) On or before January 1, 2021, all noncompliant plumbing
fixtures in any commercial real property shall be replaced with
water-conserving plumbing fixtures.
(c) An owner or the owner's agent may enter the owner's property
for the purpose of installing, repairing, testing, and maintaining
water-conserving plumbing fixtures required by this section,
consistent with notice requirements of Section 1954.
(d) On and after January 1, 2021, the water-conserving plumbing
fixtures required by this article shall be operating at the
manufacturer's rated water consumption at the time that the tenant
takes possession. A tenant shall be responsible for notifying the
owner or owner's agent if the tenant becomes aware that a
water-conserving plumbing fixture within his or her unit is not
operating at the manufacturer's rated water consumption. The owner or
owner's agent shall correct an inoperability in a water-conserving
plumbing fixture upon notice by the tenant or if detected by the
owner or the owner's agent.
(e) (1) On and after January 1, 2017, all noncompliant plumbing
fixtures in any commercial real property shall be replaced with
water-conserving plumbing fixtures in the following circumstances:
(A) For building additions in which the sum of concurrent building
permits by the same permit applicant would increase the floor area
of the space in a building by more than 10 percent, the building
permit applicant shall replace all noncompliant plumbing fixtures in
the building.
(B) For building alterations or improvements in which the total
construction cost estimated in the building permit is greater than
one hundred fifty thousand dollars ($150,000), the building permit
applicant shall replace all noncompliant plumbing fixtures that
service the specific area of the improvement.
(C) Notwithstanding subparagraph (A) or (B), for any alterations
or improvements to a room in a building that require a building
permit and that room contains any noncompliant plumbing fixtures, the
building permit applicant shall replace all noncompliant plumbing
fixtures in that room.
(2) Replacement of all noncompliant plumbing fixtures with
water-conserving plumbing fixtures, as described in paragraph (1),
shall be a condition for issuance of a certificate of final
completion and occupancy or final permit approval by the local
building department.
(f) In addition to the other requirements in this section, all
noncompliant plumbing fixtures in any commercial real property shall
be replaced with water-conserving plumbing fixtures as follows:
(1) For commercial real property with floor area of more than
50,000 square feet by January 1, 2018.
(2) For commercial real property with floor area of between 25,000
and 50,000 square feet by January 1, 2019.
(3) For commercial real property with floor area of between 10,000
and 25,000 square feet by January 1, 2020.
(4) For commercial real property with floor area of less than
10,000 square feet by January 1, 2021.
(g) Notwithstanding anything to the contrary, this section shall
not require the replacement of a noncompliant plumbing fixture where
it can be demonstrated that the fixture meets the definition of a
water-conserving plumbing fixture in Section 1101.3 and was installed
after January 1, 2010.
(h) On and after January 1, 2019, a seller or transferor of
commercial real property shall disclose to the prospective purchaser
or transferee, in writing, the requirements of subdivision (b) and
whether the property includes any noncompliant plumbing fixtures.
This disclosure may be included in other transactional documents.
SEC. 6. Section 1101.65 is added to the
Civil Code , immediately following Section 1101.6
, to read:
1101.65. (a) Retail water providers are strongly encouraged to
provide on-bill financing options to customers to assist with funding
for water efficiency improvements.
(b) Financial institutions are strongly encouraged to provide
water efficiency improvement financing options that allow borrowers
to align the repayment term with the cost savings from installing
water-efficient devices.
(c) Retail water suppliers shall annually provide customers with
information regarding available financing options for the
installation or retrofitting of plumbing fixtures and irrigation
devices. Those financing options may include any local grant funds,
rebates, on-bill financing options, or other incentive and assistance
programs.
SEC. 7. Section 1101.7 of the Civil
Code is amended to read:
1101.7. This article shall not apply to any of the following:
(a) Registered historical historic
sites.
(b) Real property for which a licensed
California state-licensed plumber certifies that, due to the
age or configuration of the property or its plumbing, installation of
water-conserving plumbing fixtures is not technically feasible.
(c) A building for which water service is permanently
disconnected.
SEC. 8. Section 81005 of the Water Code
is amended to read:
81005. For purposes of this division, the following terms have
the following meanings:
(a) "Fund" means the CalConserve Water Use Efficiency Revolving
Fund established pursuant to Section 81020.
(b) "Local agency" means a either of the
following:
(1) A city, county, city and
county, municipal utility district, community services district,
sanitary district, sanitation district, water district as defined in
Section 20200, public water system as defined in Section 116275 of
the Health and Safety Code, or private water company under the
jurisdiction of the Public Utilities Commission.
(2) (A) A county office of education or the governing board of a
school district.
(B) For purposes of this division, a customer of a county office
of education includes any local educational agency located within the
jurisdiction of the county office of education and a customer of the
governing board of a school district includes any school located
within the school district.
(c) "On-bill financing" means a utility-based method for providing
low-interest or no-interest financing for water use efficiency
improvements through the monthly utility bill.
(d) "Technical assistance" means costs incurred for providing
advice, training, or other assistance to local agencies, such as the
following:
(1) Conducting specialized studies to identify water conservation
opportunities that meet the intent of Section 81000.
(2) Planning of specific remodeling, renovation, repair,
replacement, or other projects related to water conservation.
(3) Developing a project proposal for funding from the fund.
SECTION 1. Section 1101.3 of the Civil Code is
amended to read:
1101.3. For the purposes of this article:
(a) "Commercial real property" means real property that is
improved with, or consisting of, a building that is intended for
commercial use, including hotels and motels, that is not a
single-family residential real property or a multifamily residential
real property.
(b) "Multifamily residential real property" means real property
that is improved with, or consisting of, a building containing more
than one unit that is intended for human habitation, or any mixed
residential-commercial buildings or portions thereof that are
intended for human habitation. Multifamily residential real property
includes residential hotels but does not include hotels and motels
that are not residential hotels.
(c) "Noncompliant plumbing fixture" means any of the following:
(1) Any toilet manufactured to use more than 1.28 gallons of water
per flush and does not have a waste evacuation score of 350 grams or
more, except a toilet designed for a prison or mental health
facility.
(2) Any urinal manufactured to use more than 0.125 gallons of
water per flush, except a urinal designed for a prison or mental
health facility.
(3) Any showerhead manufactured to have a flow capacity of more
than 2.5 gallons of water per minute.
(4) A residential lavatory faucet that emits more than 1.2 gallons
of water per minute.
(5) A kitchen faucet that emits more than 1.8 gallons per minute,
except that the faucet may have the capacity to increase to 2.2
gallons per minute momentarily for filling pots and pans.
(6) A public lavatory faucet that exceeds 0.5 gallons per minute.
(d) "Single-family residential real property" means any real
property that is improved with, or consisting of, a building
containing not more than one unit that is intended for human
habitation.
(e) "Water-conserving plumbing fixture" means any fixture that is
in compliance with current building standards applicable to a newly
constructed real property of the same type.
(f) "Sale or transfer" means the sale or transfer of an entire
real property estate or the fee interest in that real property estate
and does not include the sale or transfer of a partial interest,
including a leasehold.
