An important new law to observe this coming year include this new rule mandating that all homes be retrofitted with water conserving fixtures. This was the partly the subject of an editorial today at the RS “Editorial: Drought makes irksome mandate the sensible path.” And true enough, many sensible rules can be irksome. Predicted water scarcity will affect all of us, so this small step seems only prudent. We’ll have to see exactly how it plays out in terms of the transfer of real estate.
[Approved by Governor October 11, 2009. Filed with Secretary of State October 11, 2009.]
Legislative counsel’s digest SB 407, Padilla. Property transfers: plumbing fixtures replacement.
(1) Existing law authorizes public entities that supply water, by the
adoption of an ordinance or resolution pursuant to specified procedures, to
adopt and enforce a water conservation program. Existing law requires
certain disclosures to be made upon the transfer of real estate. Existing law
requires that all water closets or urinals sold or installed in the state use no
more than an average of 1.6 gallons or one gallon per flush, respectively.
This bill would establish requirements for residential and commercial
real property built and available for use on or before January 1, 1994, for
replacing plumbing fixtures that are not water conserving, as defined as
noncompliant plumbing fixtures. On and after January 1, 2014, the bill
would require, for all building alterations or improvements to single-family
residential real property, as defined, that water-conserving plumbing fixtures
replace other noncompliant plumbing fixtures as a condition for issuance
of a certificate of final completion and occupancy or final permit approval
by the local building department. By creating a new duty to inspect for local
officials, this bill would impose a state-mandated local program. The bill
would require, on or before January 1, 2017, that all noncompliant plumbing
fixtures in any single-family residential real property shall be replaced by
the property owner with water-conserving plumbing fixtures.
You can read the entire SB 407 here.