California Toilet Flush Requirements: Deadlines, Exemptions, and Rebates

California limits every toilet sold or installed in the state to 1.28 gallons per flush. That cap took effect January 1, 2014, under Assembly Bill 715, and it applies to new construction, renovations, and any toilet you buy off the shelf.¹ California toilet flush requirements go further than that, though: state law also set hard deadlines for pulling older high-flow toilets out of existing buildings, and those deadlines have already passed.

The 1.28 GPF Cap on New Toilets

The federal Energy Policy Act of 1992 capped toilets nationwide at 1.6 GPF starting in 1994. AB 715 tightened that in California: starting January 1, 2014, every non-institutional toilet sold or installed in the state must qualify as a “high-efficiency water closet,” meaning it uses no more than 1.28 GPF on average.¹

This aligns with the EPA’s WaterSense program, which certifies toilets using at least 20% less water than the federal 1.6 GPF standard.² Walk into any California hardware store today and every toilet on the shelf should already meet 1.28 GPF or better. Manufacturers submit test results to the California Energy Commission (CEC) to verify compliance before they can legally sell in the state.³

Two different thresholds matter here, and mixing them up causes most of the confusion around this law:

New toilets sold or installed in California must be 1.28 GPF or less.
An existing toilet already in a building counts as “noncompliant” only if it was manufactured to use more than 1.6 GPF.⁴

So if your existing toilet flushes at 1.6 GPF, you don’t have to rip it out, even though a replacement you buy today has to meet the stricter 1.28 GPF number.

Deadlines to Replace Older Toilets in Existing Buildings

Senate Bill 407, signed in 2009, required property owners to replace noncompliant fixtures on the following schedule:

Single-family homes: by January 1, 2017.⁵
Multi-family and commercial properties: by January 1, 2019.⁶

Both dates have come and gone. If your property still has a toilet manufactured to use more than 1.6 GPF, you are out of compliance right now.

These deadlines apply to properties built and available for use on or before January 1, 1994. If your home was built after that, its original toilets should already meet 1.6 GPF and won’t be classified as noncompliant.

When a Building Permit Triggers Replacement

Pulling a building permit can force the issue even outside the blanket deadlines. For multi-family and commercial properties, if you increase the building’s footprint by more than 10% or your renovation costs exceed $150,000, you must replace all noncompliant fixtures in the affected area or building as a condition of final approval.⁶ Smaller remodels still require replacing any noncompliant fixture in the room being renovated. For single-family homes, any alteration or improvement requiring a permit triggers the same obligation for the entire property.⁵

Selling a Home: What You Must Disclose

If you sell a single-family home, you must disclose in writing to the buyer whether the property contains noncompliant plumbing fixtures.⁵ The same disclosure rule applies to multi-family residential and commercial sales.⁶ The Transfer Disclosure Statement includes a checkbox for water-conserving fixtures, though checking it doesn’t necessarily mean every fixture qualifies.

There is no statewide requirement to actually install compliant fixtures as a condition of closing. The law requires disclosure, and it says you should have already replaced the toilets by the applicable deadline. A buyer can’t walk from a deal solely because you haven’t upgraded, though most will fold the replacement cost into their offer. Some cities and counties add point-of-sale inspection or certification requirements on top of the state rules, so check locally before listing.

Rental Properties: Landlord and Tenant Rules

Landlords of multi-family buildings should have replaced every noncompliant toilet by January 1, 2019. State law also requires that water-conserving fixtures be operating at the manufacturer’s rated water consumption when a tenant takes possession, and if a compliant toilet later stops working properly, the landlord must fix it after notice or after discovering the problem.⁶

Landlords also have a statutory right to enter to install, repair, test, and maintain these fixtures, subject to the standard notice rules under Civil Code Section 1954 (generally 24 hours’ written notice for non-emergency entry).⁶

Tenants in older buildings who suspect the toilets were never upgraded can request repairs in writing. The California Department of Justice advises keeping copies of every written communication about repair requests.⁷

Exemptions

Qualified Historical Buildings

The California Historical Building Code gives real flexibility to designated historical properties. Under Section 8-903.2.7, original or salvage toilets, urinals, and flushometer valves are permitted in qualified historical buildings even when they don’t meet low-flow standards. Historically accurate reproduction fixtures are also allowed unless a code-compliant fixture that’s also historically accurate is available.⁸ The building must actually be recognized as a historical resource under state or local criteria; simply being old doesn’t qualify it.

Institutional Facilities

AB 715 carved “institutional water closets” out of the 1.28 GPF requirement. Facilities like hospitals and correctional institutions can use these fixtures, though they still can’t exceed 1.6 GPF.¹

Unreasonable Hardship Findings

The California Building Code allows property owners to request a finding of “unreasonable hardship” when full compliance would be disproportionately burdensome. You submit cost estimates, photographs, and project plans showing that compliance would be unreasonable, along with a description of the closest level of compliance you can achieve.⁹ Local building officials review these case by case.

Penalties for Noncompliance

Enforcement runs on two tracks. For property owners, local building departments won’t issue a certificate of occupancy or final permit sign-off if inspection finds noncompliant fixtures. You can’t legally occupy a new building or close out a permitted renovation until the toilets meet state standards.

For manufacturers and retailers, selling or distributing toilets that exceed state flush limits violates Title 20’s Appliance Efficiency Regulations. Each noncompliant unit sold is a separate violation carrying a civil penalty of up to $2,500.¹⁰ The CEC can also refer violations to the Attorney General, who can seek court injunctions to stop ongoing sales.

Rebates That Offset the Replacement Cost

Many California water districts offer rebates on qualifying replacements, though amounts and eligibility vary by location and funding. Some target ultra-high-efficiency 1.1 GPF models rather than standard 1.28 GPF toilets, so check your utility’s current offerings before you buy. Most programs require pre-approval; buy first and you may forfeit the rebate entirely.

Eligible expenses typically cover the toilet itself (tank, bowl, and tax) but not installation labor or supply lines. Programs also commonly require that the toilet being replaced was installed before 1992 and used 3.5 GPF or more, so a 1990s-era 1.6 GPF toilet may not qualify for a rebate even though it fails the newer 1.28 GPF sales standard. If your rebates in a single calendar year cross the reporting threshold, your utility may issue an IRS Form 1099 and the amount becomes taxable income.

1
California Legislative Information. AB 715 Assembly Bill – CHAPTERED
2
U.S. Environmental Protection Agency. Residential Toilets
3
California Energy Commission. Request for Information Appliance Efficiency Regulations for Water Closets
4
California Legislative Information. California Civil Code 1101.3
5
California Legislative Information. California Civil Code 1101.4
6
California Legislative Information. California Code Civil Code 1101.5
7
California Department of Justice. Know Your Rights Habitability English
8
California Office of Historic Preservation. 2016 California Historical Building Code
9
DGS (ca.gov). Procedure – Request for Finding of Unreasonable Hardship Per CBC 11B-202.4 Exception 8
10
California Legislative Information. California Public Resources Code 25402.11