California 2023-2024 Regular Session

California Senate Bill SB1366 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-	Senate Bill No. ~~1366 CHAPTER 21An~~ act to add Section 1102.156 to the Civil Code, relating to real estate. ~~[ Approved by Governor June 14, 2024. Filed with Secretary of State June 14, 2024. ]~~ LEGISLATIVE COUNSEL'S DIGESTSB 1366, Hurtado. Real property disclosure requirements: domestic water storage tank assistance.Existing law requires that specified disclosures be made upon any transfer by sale, exchange, real property sales contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of any single-family residential property.Existing law authorizes the State Water Resources Control Board to provide grants to eligible applicants to be used to provide interim relief, as specified, to households in which a private water well has gone dry, or has been destroyed, due to drought, wildfire, or other natural disaster.This bill would require a seller of any real property who received domestic water storage tank assistance or is aware the real property received such assistance and the real property currently still has the domestic water storage tank to deliver a disclosure statement to the prospective buyer. The bill would prescribe certain information to be included in the disclosure, including that the property has a domestic water storage tank provided by a county, community water system, local public agency, or nonprofit organization, as specified, and that the domestic water storage tank might not convey with the real property.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1102.156 is added to the Civil Code, immediately following Section 1102.155, to read:1102.156. On or after January 1, 2025, in addition to any other disclosure required pursuant to this article, a seller of any real property who received domestic water storage tank assistance pursuant to Section 13194 of the Water Code, or is aware the real property received such assistance and the real property currently still has the domestic water storage tank, shall deliver to the prospective buyer a disclosure statement that includes all of the following information in substantially the following form:(a) This property has a domestic water storage tank provided by a county, community water system, local public agency, or nonprofit organization, pursuant to Section 13194 of the Water Code.(b) The domestic water storage tank was made available to households that had a private water well that had gone dry, or had been destroyed due to drought, wildfire, other natural disasters, or was otherwise nonfunctioning.(c) The domestic water storage tank provided pursuant to Section 13194 of the Water Code might not convey with the real property.(d) Due to the water well issues that led to this property obtaining assistance pursuant to Section 13194 of the Water Code, the buyer is advised to have an inspection of the water well and to have a professional evaluate the availability of water to the property to ensure it suits the purposes for which the buyer is purchasing the property.
	1	+	Enrolled June 11, 2024 Passed IN Senate April 18, 2024 Passed IN Assembly June 10, 2024 Amended IN Senate April 04, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1366Introduced by Senator HurtadoFebruary 16, 2024An act to add Section 1102.156 to the Civil Code, relating to real estate. LEGISLATIVE COUNSEL'S DIGESTSB 1366, Hurtado. Real property disclosure requirements: domestic water storage tank assistance.Existing law requires that specified disclosures be made upon any transfer by sale, exchange, real property sales contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of any single-family residential property.Existing law authorizes the State Water Resources Control Board to provide grants to eligible applicants to be used to provide interim relief, as specified, to households in which a private water well has gone dry, or has been destroyed, due to drought, wildfire, or other natural disaster.This bill would require a seller of any real property who received domestic water storage tank assistance or is aware the real property received such assistance and the real property currently still has the domestic water storage tank to deliver a disclosure statement to the prospective buyer. The bill would prescribe certain information to be included in the disclosure, including that the property has a domestic water storage tank provided by a county, community water system, local public agency, or nonprofit organization, as specified, and that the domestic water storage tank might not convey with the real property.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1102.156 is added to the Civil Code, immediately following Section 1102.155, to read:1102.156. On or after January 1, 2025, in addition to any other disclosure required pursuant to this article, a seller of any real property who received domestic water storage tank assistance pursuant to Section 13194 of the Water Code, or is aware the real property received such assistance and the real property currently still has the domestic water storage tank, shall deliver to the prospective buyer a disclosure statement that includes all of the following information in substantially the following form:(a) This property has a domestic water storage tank provided by a county, community water system, local public agency, or nonprofit organization, pursuant to Section 13194 of the Water Code.(b) The domestic water storage tank was made available to households that had a private water well that had gone dry, or had been destroyed due to drought, wildfire, other natural disasters, or was otherwise nonfunctioning.(c) The domestic water storage tank provided pursuant to Section 13194 of the Water Code might not convey with the real property.(d) Due to the water well issues that led to this property obtaining assistance pursuant to Section 13194 of the Water Code, the buyer is advised to have an inspection of the water well and to have a professional evaluate the availability of water to the property to ensure it suits the purposes for which the buyer is purchasing the property.
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3		-	Senate Bill No. ~~1366 CHAPTER 21An~~ act to add Section 1102.156 to the Civil Code, relating to real estate. ~~[ Approved by Governor June 14, 2024. Filed with Secretary of State June 14, 2024. ]~~ LEGISLATIVE COUNSEL'S DIGESTSB 1366, Hurtado. Real property disclosure requirements: domestic water storage tank assistance.Existing law requires that specified disclosures be made upon any transfer by sale, exchange, real property sales contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of any single-family residential property.Existing law authorizes the State Water Resources Control Board to provide grants to eligible applicants to be used to provide interim relief, as specified, to households in which a private water well has gone dry, or has been destroyed, due to drought, wildfire, or other natural disaster.This bill would require a seller of any real property who received domestic water storage tank assistance or is aware the real property received such assistance and the real property currently still has the domestic water storage tank to deliver a disclosure statement to the prospective buyer. The bill would prescribe certain information to be included in the disclosure, including that the property has a domestic water storage tank provided by a county, community water system, local public agency, or nonprofit organization, as specified, and that the domestic water storage tank might not convey with the real property.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
	3	+	Enrolled June 11, 2024 Passed IN Senate April 18, 2024 Passed IN Assembly June 10, 2024 Amended IN Senate April 04, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1366Introduced by Senator HurtadoFebruary 16, 2024An act to add Section 1102.156 to the Civil Code, relating to real estate. LEGISLATIVE COUNSEL'S DIGESTSB 1366, Hurtado. Real property disclosure requirements: domestic water storage tank assistance.Existing law requires that specified disclosures be made upon any transfer by sale, exchange, real property sales contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of any single-family residential property.Existing law authorizes the State Water Resources Control Board to provide grants to eligible applicants to be used to provide interim relief, as specified, to households in which a private water well has gone dry, or has been destroyed, due to drought, wildfire, or other natural disaster.This bill would require a seller of any real property who received domestic water storage tank assistance or is aware the real property received such assistance and the real property currently still has the domestic water storage tank to deliver a disclosure statement to the prospective buyer. The bill would prescribe certain information to be included in the disclosure, including that the property has a domestic water storage tank provided by a county, community water system, local public agency, or nonprofit organization, as specified, and that the domestic water storage tank might not convey with the real property.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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5		-	Senate ~~Bill No.~~ ~~1366 CHAPTER 21~~
	5	+	Enrolled June 11, 2024 Passed IN Senate April 18, 2024 Passed IN Assembly June 10, 2024 Amended IN Senate April 04, 2024
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7		-	Senate Bill No. 1366
	7	+	Enrolled June 11, 2024
	8	+	Passed IN Senate April 18, 2024
	9	+	Passed IN Assembly June 10, 2024
	10	+	Amended IN Senate April 04, 2024
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9		-	CHAPTER 21
	12	+	CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
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	14	+	Senate Bill
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	16	+	No. 1366
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	18	+	Introduced by Senator HurtadoFebruary 16, 2024
	19	+
	20	+	Introduced by Senator Hurtado
	21	+	February 16, 2024
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11	23		An act to add Section 1102.156 to the Civil Code, relating to real estate.
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13		-	[ Approved by Governor June 14, 2024. Filed with Secretary of State June 14, 2024. ]
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15	25		LEGISLATIVE COUNSEL'S DIGEST
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17	27		## LEGISLATIVE COUNSEL'S DIGEST
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19	29		SB 1366, Hurtado. Real property disclosure requirements: domestic water storage tank assistance.
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21	31		Existing law requires that specified disclosures be made upon any transfer by sale, exchange, real property sales contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of any single-family residential property.Existing law authorizes the State Water Resources Control Board to provide grants to eligible applicants to be used to provide interim relief, as specified, to households in which a private water well has gone dry, or has been destroyed, due to drought, wildfire, or other natural disaster.This bill would require a seller of any real property who received domestic water storage tank assistance or is aware the real property received such assistance and the real property currently still has the domestic water storage tank to deliver a disclosure statement to the prospective buyer. The bill would prescribe certain information to be included in the disclosure, including that the property has a domestic water storage tank provided by a county, community water system, local public agency, or nonprofit organization, as specified, and that the domestic water storage tank might not convey with the real property.
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23	33		Existing law requires that specified disclosures be made upon any transfer by sale, exchange, real property sales contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of any single-family residential property.
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25	35		Existing law authorizes the State Water Resources Control Board to provide grants to eligible applicants to be used to provide interim relief, as specified, to households in which a private water well has gone dry, or has been destroyed, due to drought, wildfire, or other natural disaster.
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27	37		This bill would require a seller of any real property who received domestic water storage tank assistance or is aware the real property received such assistance and the real property currently still has the domestic water storage tank to deliver a disclosure statement to the prospective buyer. The bill would prescribe certain information to be included in the disclosure, including that the property has a domestic water storage tank provided by a county, community water system, local public agency, or nonprofit organization, as specified, and that the domestic water storage tank might not convey with the real property.
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29	39		## Digest Key
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31	41		## Bill Text
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33	43		The people of the State of California do enact as follows:SECTION 1. Section 1102.156 is added to the Civil Code, immediately following Section 1102.155, to read:1102.156. On or after January 1, 2025, in addition to any other disclosure required pursuant to this article, a seller of any real property who received domestic water storage tank assistance pursuant to Section 13194 of the Water Code, or is aware the real property received such assistance and the real property currently still has the domestic water storage tank, shall deliver to the prospective buyer a disclosure statement that includes all of the following information in substantially the following form:(a) This property has a domestic water storage tank provided by a county, community water system, local public agency, or nonprofit organization, pursuant to Section 13194 of the Water Code.(b) The domestic water storage tank was made available to households that had a private water well that had gone dry, or had been destroyed due to drought, wildfire, other natural disasters, or was otherwise nonfunctioning.(c) The domestic water storage tank provided pursuant to Section 13194 of the Water Code might not convey with the real property.(d) Due to the water well issues that led to this property obtaining assistance pursuant to Section 13194 of the Water Code, the buyer is advised to have an inspection of the water well and to have a professional evaluate the availability of water to the property to ensure it suits the purposes for which the buyer is purchasing the property.
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35	45		The people of the State of California do enact as follows:
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37	47		## The people of the State of California do enact as follows:
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39	49		SECTION 1. Section 1102.156 is added to the Civil Code, immediately following Section 1102.155, to read:1102.156. On or after January 1, 2025, in addition to any other disclosure required pursuant to this article, a seller of any real property who received domestic water storage tank assistance pursuant to Section 13194 of the Water Code, or is aware the real property received such assistance and the real property currently still has the domestic water storage tank, shall deliver to the prospective buyer a disclosure statement that includes all of the following information in substantially the following form:(a) This property has a domestic water storage tank provided by a county, community water system, local public agency, or nonprofit organization, pursuant to Section 13194 of the Water Code.(b) The domestic water storage tank was made available to households that had a private water well that had gone dry, or had been destroyed due to drought, wildfire, other natural disasters, or was otherwise nonfunctioning.(c) The domestic water storage tank provided pursuant to Section 13194 of the Water Code might not convey with the real property.(d) Due to the water well issues that led to this property obtaining assistance pursuant to Section 13194 of the Water Code, the buyer is advised to have an inspection of the water well and to have a professional evaluate the availability of water to the property to ensure it suits the purposes for which the buyer is purchasing the property.
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41	51		SECTION 1. Section 1102.156 is added to the Civil Code, immediately following Section 1102.155, to read:
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43	53		### SECTION 1.
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45	55		1102.156. On or after January 1, 2025, in addition to any other disclosure required pursuant to this article, a seller of any real property who received domestic water storage tank assistance pursuant to Section 13194 of the Water Code, or is aware the real property received such assistance and the real property currently still has the domestic water storage tank, shall deliver to the prospective buyer a disclosure statement that includes all of the following information in substantially the following form:(a) This property has a domestic water storage tank provided by a county, community water system, local public agency, or nonprofit organization, pursuant to Section 13194 of the Water Code.(b) The domestic water storage tank was made available to households that had a private water well that had gone dry, or had been destroyed due to drought, wildfire, other natural disasters, or was otherwise nonfunctioning.(c) The domestic water storage tank provided pursuant to Section 13194 of the Water Code might not convey with the real property.(d) Due to the water well issues that led to this property obtaining assistance pursuant to Section 13194 of the Water Code, the buyer is advised to have an inspection of the water well and to have a professional evaluate the availability of water to the property to ensure it suits the purposes for which the buyer is purchasing the property.
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47	57		1102.156. On or after January 1, 2025, in addition to any other disclosure required pursuant to this article, a seller of any real property who received domestic water storage tank assistance pursuant to Section 13194 of the Water Code, or is aware the real property received such assistance and the real property currently still has the domestic water storage tank, shall deliver to the prospective buyer a disclosure statement that includes all of the following information in substantially the following form:(a) This property has a domestic water storage tank provided by a county, community water system, local public agency, or nonprofit organization, pursuant to Section 13194 of the Water Code.(b) The domestic water storage tank was made available to households that had a private water well that had gone dry, or had been destroyed due to drought, wildfire, other natural disasters, or was otherwise nonfunctioning.(c) The domestic water storage tank provided pursuant to Section 13194 of the Water Code might not convey with the real property.(d) Due to the water well issues that led to this property obtaining assistance pursuant to Section 13194 of the Water Code, the buyer is advised to have an inspection of the water well and to have a professional evaluate the availability of water to the property to ensure it suits the purposes for which the buyer is purchasing the property.
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49	59		1102.156. On or after January 1, 2025, in addition to any other disclosure required pursuant to this article, a seller of any real property who received domestic water storage tank assistance pursuant to Section 13194 of the Water Code, or is aware the real property received such assistance and the real property currently still has the domestic water storage tank, shall deliver to the prospective buyer a disclosure statement that includes all of the following information in substantially the following form:(a) This property has a domestic water storage tank provided by a county, community water system, local public agency, or nonprofit organization, pursuant to Section 13194 of the Water Code.(b) The domestic water storage tank was made available to households that had a private water well that had gone dry, or had been destroyed due to drought, wildfire, other natural disasters, or was otherwise nonfunctioning.(c) The domestic water storage tank provided pursuant to Section 13194 of the Water Code might not convey with the real property.(d) Due to the water well issues that led to this property obtaining assistance pursuant to Section 13194 of the Water Code, the buyer is advised to have an inspection of the water well and to have a professional evaluate the availability of water to the property to ensure it suits the purposes for which the buyer is purchasing the property.
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53	63		1102.156. On or after January 1, 2025, in addition to any other disclosure required pursuant to this article, a seller of any real property who received domestic water storage tank assistance pursuant to Section 13194 of the Water Code, or is aware the real property received such assistance and the real property currently still has the domestic water storage tank, shall deliver to the prospective buyer a disclosure statement that includes all of the following information in substantially the following form:
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55	65		(a) This property has a domestic water storage tank provided by a county, community water system, local public agency, or nonprofit organization, pursuant to Section 13194 of the Water Code.
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57	67		(b) The domestic water storage tank was made available to households that had a private water well that had gone dry, or had been destroyed due to drought, wildfire, other natural disasters, or was otherwise nonfunctioning.
58	68
59	69		(c) The domestic water storage tank provided pursuant to Section 13194 of the Water Code might not convey with the real property.
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61	71		(d) Due to the water well issues that led to this property obtaining assistance pursuant to Section 13194 of the Water Code, the buyer is advised to have an inspection of the water well and to have a professional evaluate the availability of water to the property to ensure it suits the purposes for which the buyer is purchasing the property.