What’s This New Water Conservation Law?!?

Well, we’ve all heard the good news that the San Diego county drought is over, but that won’t deter the state of California from enforcing SB-407, the new California water conservation law. Effective January 1, 2017, all single family homes in California, regardless of year built, should contain water conserving water fixtures, described as follows:

• Toilets – no more than 1.6 gal/flush

• Urinals – no more than 1.0 gal/flush

• Showers – no more than 2.5 gal/min

• Internal faucets – no more than 2.2 gal/min

While this law has been in effect in the City of San Diego for many years, it now extends throughout the State of California. This usually comes up when selling a home, however this law is not directed by a point of sale event, but rather an imposing of this law on all single family property owner as of January of this year. The only exemption that I am aware of would be if your property were historically designated as a landmark. While this applies currently to single family homes only, it will also apply to multi-family and commercial properties by January 1, 2019.

When one does sell their home, the property owner is required to disclose to the buyer whether the property complies with this water conservation law. If it is not currently compliant, the buyer would acknowledge this condition and then be compelled to replace with these low-flow fixtures after the purchase. In reading the legislation, it is not clear regarding timelines, however in the City of San Diego, a buyer can take on the responsibility to retrofit and must do so within 90 days of close of escrow. A Water Conservation Certificate will then be filed with the City for a nominal fee.

The discussion about whether a homeowner has water conserving plumbing fixtures always comes up when discussing selling a home. I aim to prepare them with what to expect so as to ensure no surprises along the way. In addition to water conserving fixtures, at the time of sale and/or at the time of refinancing or construction requiring a permit, you will also want to be sure to have the following present in your home:

• Smoke detectors in every bedroom, in the hallway leading to the bedrooms, near main living space

• Carbon Monoxide Detector on each floor

• Water heater double strapped

If you follow these simple guidelines above, you are one step closer to having a successful, smooth sale, refinance, or construction project – plus you will know you are helping the environment by conserving water.

I hope you find this information helpful. Please keep in mind that I am not an attorney and certainly don’t intend to provide you legal advice. For more information regarding these laws, go to the California Legislative site at http://leginfo.ca.gov