Thursday, March 29, 2018

BOMA California Advocacy Update: Water Fixture Replacement Mandate; Prop. 65 Warnings Update; Energy Benchmarking Regulations Finalized

Water Fixture Replacement Mandate - MUST COMPLETE BY 2019

A bill passed into law nine years ago, SB 407 (Padilla; Chapter 587, 2009), requires non-compliant plumbing fixtures to be replaced with water-conserving plumbing fixtures when a property is undergoing additions, alterations or improvements. Applicants seeking to obtain permits for any of these types of work will be required to replace non-compliant fixtures prior to final permit approval or issuance of a certificate of occupancy by the local building department.

This law applies only to properties built on or before January 1, 1994, and by January 1, 2019, ALL of those pre-1994 buildings must comply with these requirements, regardless of whether or not you are planning to renovate the space.

The California Association of Local Building Officials (CALBO) has worked with some of its local building official members to clarify the requirement. Click here for an info sheet that will help you determine if your building is in compliance or not (but the general rule of thumb is that if it was built after 1994, or has been renovated since then, you will most likely be in compliance).

The law does have the following exceptions; per Civil Code Section 1101.7, this article shall not apply to any of the following: a) Registered historical sites; b) Real property for which a 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; d) Building was built and available for use on or after January 1, 1994.

The original bill gave our industry 10 years to comply with this measure, at our request (the bill originally only gave five years to comply). We still believe that is a reasonable time horizon set by the state and continue to encourage our members to make sure you have completed this work within the allotted time frame.

Warning: Prop. 65 Warnings Need To Be Updated!

Last year new Proposition 65 warning were signed into law by the Governor. The new requirements come into effect August 2018. Entities doing business in California will be required to provide additional “Prop 65” warning. This means you are probably going to need to consult with an expert and provide new warnings in certain areas of your buildings. The commercial real estate industry is currently working with experts to put together a “general guidance” document as well as webinars to make sure you are on the right path to compliance. In the meantime, here is a good article to put the new law into context You Have Been Warned: Changes Coming to Proposition 65 Requirements.

Benchmarking Regulations Finalized

The State of California has finalized the AB 1103/AB 802 Energy Benchmarking Regulations.  This has been a long process and we have been involved every step of the way.  The bottom line is that as of June 1, 2018, all buildings over 50,000 square feet – with some exemptions – need to be benchmarked and data shared with the Energy Commission.

However, the rollout of the regulation is still unfolding.  The CEC is working on materials and communications to help with compliance, and we are helping them work through the issues and work out the bugs.   Stay tuned for more information and webinars to help you comply.

Until more information is available from the state, click here for the final regulations.

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