BILL NUMBER: AB 1975	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 7, 2010

INTRODUCED BY   Assembly Member Fong

                        FEBRUARY 17, 2010

   An act to add Chapter 8.5 (commencing with Section 537) to
Division 1 of the Water Code, relating to water.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1975, as amended, Fong. Water charges and meters: multiunit
 residential structures.
   The Water Measurement Law requires every water purveyor to
require, as a condition of new water service on and after January 1,
1992, the installation of a water meter to measure water service.
That law also requires urban water suppliers to install water meters
on specified service connections, and to charge water users based on
the actual volume of deliveries as measured by those water meters in
accordance with a certain timetable.
   This bill, with a certain exception, would require every water
purveyor that provides water service to  a person residing in
 a multiunit residential structure  or a mixed use
residential and commercial structure,  for which  a
construction permit has been   the first occupancy
permit for a newly constructed building is  issued on or after
January 1,  2011   2012  , to require the
installation of meters or submeters on each individual 
rental   dwelling  unit as a condition of new water
service to that property. The bill would  authorize
  require  the owner  ,  or 
operator   his or her agent,  to charge 
tenants  occupants for water and sewer service 
based on the actual volume of water delivered as measured by the
water meter or submeter  , plus specified fees for the actual
costs of reading the meter or submeter and providing billing services
and for late payments of charges and fees  .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 8.5 (commencing with Section 537) is added to
Division 1 of the Water Code, to read:
      CHAPTER 8.5.  MULTIUNIT  RESIDENTIAL 
STRUCTURES


   537.  (a) Each water purveyor that sells, leases, rents,
furnishes, or delivers water service to  a person residing in
 a multiunit residential structure  for which a
construction permit has been issued on or after January 1, 2011,
  or a mixed use residential and commercial structure
for which the first occupancy permit for a newly constructed building
is issued on or after January 1, 2012,  shall require the
installation of  meters or submeters on   a
water meter or submeter to measure water supplied to  each
individual  rental   dwelling  unit as a
condition of new water service to that  property, except if
plumbing configurations with multiple points of entry in high rise
structures make the installation of submeters infeasible. 
 property. 
   (b) The  owner or operator of the multiunit residential
  owner, or his or her agent, of a  structure
described in subdivision (a)  may charge tenants for water
service   shall charge occupants for water and sewer
service. This charge shall be  based on the actual volume of
water delivered to the unit as measured by the meter or submeter
installed pursuant to subdivision (a). 
   (c) (1) The owner, or his or her agent, may charge an
administrative fee for the actual cost of reading meters or submeters
and providing billing services for purposes of this section. The
administrative fee shall not exceed four dollars ($4) per meter or
submeter per month.  
   (2) The owner, or his or her agent, may charge an additional fee
for late payments, which shall not exceed ten dollars ($10) per
billing cycle, if the occupant does not pay all charges and fees
imposed pursuant to this section in full on or before the due date.
The due date for these charges and fees shall be no earlier than the
19th day after the date on which the bill for these charges and fees
is mailed or delivered to the occupant.  
   (d) This section does not apply to a structure described in
subdivision (a) that is greater than four stories in height above
grade and for which the owner, or his or her agent, demonstrates to
the satisfaction of the water purveyor that the structure's plumbing
configuration incorporates multiple points of entry in each dwelling
unit and renders the installation of submeters infeasible.