California 2009-2010 Regular Session Status: To Executive 1 D cosponsors

SB 407 — Property transfers: plumbing fixtures replacement.

Last action — Chaptered by Secretary of State. Chapter 587, Statutes of 2009.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(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. The bill would require, on or before January 1, 2019, that all noncompliant plumbing fixtures in multifamily residential real property and commercial real property, as defined, be replaced with water-conserving plumbing fixtures. The bill would require, on and after January 1, 2014, for specified building alterations or improvements to multifamily residential real property and commercial real property, 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 and after January 1, 2017, that a seller or transferor of single-family residential real property, multifamily residential real property, or commercial real property disclose to a purchaser or transferee, in writing, specified requirements for replacing plumbing fixtures, and whether the real property includes noncompliant plumbing. The bill would require, on and after January 1, 2017, a seller of certain residential real property to make a specified disclosure in this regard. The bill would permit an owner or the owner's agent to enter rental property for the purpose of installing, repairing, testing, and maintaining water-conserving plumbing fixtures, as specified, and would require, on and after January 1, 2019, that the water-conserving plumbing fixtures prescribed by the bill operate at the manufacturer's rated water consumption at the time that a tenant takes possession, as specified. The bill would provide that the application of its requirements may be postponed up to one year, as specified, with respect to a building for which a demolition permit has been issued. The bill would permit a city or county or retail water supplier to enact a local ordinance or policy that promotes compliance with the bill's provisions or that will result in greater water savings than otherwise provided by the bill. The bill would provide that any city, county, or city and county that has adopted an ordinance requiring retrofit of noncompliant plumbing fixtures prior to July 1, 2009, is exempt from its requirements so long as the ordinance remains in effect. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 587, Statutes of 2009.

  2. Approved by Governor.

  3. Enrolled. To Governor at 1 p.m.

  4. Senate concurs in Assembly amendments. (Ayes 25. Noes 15. Page 2419.) To enrollment.

  5. In Senate. To unfinished business.

  6. Read third time. Passed. (Ayes 45. Noes 29. Page 3340.) To Senate.

  7. Read third time. Amended. (Page 3039.) To third reading.

  8. Read second time. To third reading.

  9. Read second time. Amended. To second reading.

  10. (Heard in committee on August 27.)

  11. From committee: Do pass as amended. (Ayes 12. Noes 5.)

  12. Set, first hearing. Referred to APPR. suspense file.

  13. (Heard in committee on July 8.)

  14. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 4. Noes 2.) Re-referred to Com. on APPR.

  15. Read second time. Amended. Re-referred to Com. on H. & C.D.

  16. (Heard in committee on June 30.)

  17. From committee: Do pass as amended, but first amend, and re-refer to Com. on H. & C.D. (Ayes 7. Noes 3.)

  18. Re-referred to Coms. on JUD. and H. & C.D.

  19. To Coms. on H. & C.D. and JUD.

  20. In Assembly. Read first time. Held at Desk.

  21. Read third time. Passed. (Ayes 22. Noes 15. Page 1190.) To Assembly.

  22. Read second time. Amended. To third reading.

  23. From committee: Do pass as amended. (Ayes 3. Noes 1. Page 875.)

  24. Set for hearing May 12.

  25. Set, first hearing. Testimony taken. Further hearing to be set.

  26. Set for hearing May 5.

  27. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.

  28. Re-referred to Com. on JUD.

  29. From committee: Do pass, but first be re-referred to Com. on RLS. (Ayes 7. Noes 3. Page 609.) Re-referred to Com. on RLS.

  30. Set for hearing April 21.

  31. Re-referred to Coms. on T. & H. and RLS.

  32. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on RLS.

  33. To Com. on RLS.

  34. From print. May be acted upon on or after March 28.

  35. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 5 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Supp 1 SB407 Padilla

Passed 26 Yea · 15 Nay
Party YeaNayPresentNot Voting
Unaffiliated 241400
Democratic 2000
Republican 0100
Total 261500
% of votes cast 63%37%0%0%
How each member voted (41)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Nay
Hancock — Yea
Wyland — Nay
Corbett — Yea
Harman — Nay
Hollingsworth — Nay
Huff — Nay
Lowenthal — Yea
Negrete — Yea
Ducheny — Yea
Dutton — Nay
Kehoe — Yea
Liu — Yea
McLeod — Yea
Oropeza — Yea
Runner — Nay
Pavley — Yea
Price — Yea
Alquist — Yea
Ashburn — Nay
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wiggins — Yea
Wolk — Yea
Aanestad — Nay
Benoit — Nay
Leno — Yea
Maldonado — Yea
Romero — Yea
Wright — Yea
Correa — Nay
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

SB 407 Padilla Senate Third Reading By HUFFMAN

Passed 51 Yea · 32 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 502906
Democratic 1101
Republican 0201
Total 513208
% of votes cast 56%35%0%9%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Evans — Yea
Feuer — Yea
Fuller — Nay
Furutani — Yea
Gilmore — Nay
Hagman — Nay
Hall — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Conway — Nay
Cook — Nay
Coto — Yea
Bill — Nay
Tom — Nay
Hayashi — Yea
Hernandez — Yea
Huber — Nay
Huffman — Yea
Fletcher — Nay
Anderson — Nay
Bass — Yea
Blakeslee — Nay
Davis — Yea
DeVore — Nay
Knight — Nay
Krekorian — Yea
Logue — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Nestande — Nay
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torrico — Yea
Audra — Nay
Charles — Not Voting
De — Not Voting
La — Not Voting
Torre — Not Voting
Galgiani — Not Voting
Nielsen — Nay
Silva — Nay
Torres — Not Voting
Tran — Nay
Adams — Nay
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hill — Yea
Jeffries — Nay
Lieu — Yea
Ma — Yea
Nava — Yea
Ruskin — Yea
Smyth — Nay
Swanson — Yea
Villines — Yea
Emmerson — Nay
Eng — Yea
Yamada — Yea
Fuentes — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Nay
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Not Voting
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 16 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15500
Democratic 1000
Republican 0100
Total 16600
% of votes cast 73%27%0%0%
How each member voted (22)
Member Party Vote
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Nay
Fuentes — Yea
Hall — Yea
Harkey — Nay
Hill — Yea
Conway — Nay
Coto — Yea
Solorio — Yea
Ammiano — Yea
Miller — Nay
Nielsen — Nay
Skinner — Yea
Torlakson — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Senate 3rd Reading SB407 Padilla

Passed 23 Yea · 15 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 211402
Democratic 2000
Republican 0100
Total 231502
% of votes cast 58%38%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Nay
Cedillo — Yea
Cogdill — Nay
Florez — Nay
Lowenthal — Yea
Negrete — Yea
Corbett — Yea
Correa — Nay
Hancock — Yea
Hollingsworth — Nay
Huff — Nay
Leno — Yea
Liu — Yea
Runner — Not Voting
Cox — Nay
Ducheny — Not Voting
Dutton — Nay
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Romero — Yea
Alquist — Yea
Ashburn — Nay
Benoit — Nay
Walters — Nay
Wiggins — Yea
Wolk — Yea
Aanestad — Nay
Harman — Yea
Kehoe — Yea
Maldonado — Nay
Simitian — Yea
Steinberg — Yea
Wright — Yea
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 3 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 3101
Total 3101
% of votes cast 60%20%0%20%
How each member voted (5)
Member Party Vote
Corbett — Yea
Walters — Nay
Harman — Not Voting
Leno — Yea
Florez — Yea

Official roll call →

Do pass, but re-refer to the Committee on Rules.

Passed 7 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 6301
Total 7301
% of votes cast 64%27%0%9%
How each member voted (11)
Member Party Vote
Harman — Yea
Hollingsworth — Nay
Huff — Nay
DeSaulnier — Yea
Kehoe — Yea
Oropeza — Not Voting
Simitian — Yea
Wolk — Yea
Ashburn — Nay
Pavley — Yea
Lowenthal, Josh Democratic Yea

Official roll call →

Subjects

housing environment
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Frequently asked questions

What does SB 407 do?
(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. The bill would require, on or before January 1, 2019, that all noncompliant plumbing fixtures in multifamily residential real property and commercial real property, as defined, be replaced with water-conserving plumbing fixtures. The bill would require, on and after January 1, 2014, for specified building alterations or improvements to multifamily residential real property and commercial real property, 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 and after January 1, 2017, that a seller or transferor of single-family residential real property, multifamily residential real property, or commercial real property disclose to a purchaser or transferee, in writing, specified requirements for replacing plumbing fixtures, and whether the real property includes noncompliant plumbing. The bill would require, on and after January 1, 2017, a seller of certain residential real property to make a specified disclosure in this regard. The bill would permit an owner or the owner's agent to enter rental property for the purpose of installing, repairing, testing, and maintaining water-conserving plumbing fixtures, as specified, and would require, on and after January 1, 2019, that the water-conserving plumbing fixtures prescribed by the bill operate at the manufacturer's rated water consumption at the time that a tenant takes possession, as specified. The bill would provide that the application of its requirements may be postponed up to one year, as specified, with respect to a building for which a demolition permit has been issued. The bill would permit a city or county or retail water supplier to enact a local ordinance or policy that promotes compliance with the bill's provisions or that will result in greater water savings than otherwise provided by the bill. The bill would provide that any city, county, or city and county that has adopted an ordinance requiring retrofit of noncompliant plumbing fixtures prior to July 1, 2009, is exempt from its requirements so long as the ordinance remains in effect. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors SB 407?
SB 407 is sponsored by Padilla, Stephen C. (Democratic).
What is the current status of SB 407?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 407?
Track SB 407 free on One Click Politics — get push/email alerts when it moves.

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