BILL NUMBER: AB 1975 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 1, 2010
AMENDED IN ASSEMBLY APRIL 29, 2010
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
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
exceptions , would require every water purveyor
that provides water service to a multiunit residential structure 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 July 1, 2013 , to
require the installation of meters or submeters on each individual
dwelling unit as a condition of new water service to that property.
The bill would require the owner of the structure , or his
or her agent, to charge occupants for water and sewer service based
on the actual volume of water delivered as measured by the water
meter or submeter , subject to requirements relating to appro
val, installation, and operation of the water meter or
submeter. The bill would authorize the owner of the property, or his
or her agent, to charge occupants a specified fee for the
actual costs of reading the meter or submeter and providing billing
services. The bill would require the owner of the structure to ensure
that a water submeter installed for these purposes complies with
laws and regulations governing installation, certification,
maintenance, billing, and testing of water submeters. The bill would
prohibit a water purveyor from imposing specified fees related to the
installation of water meters and submeters .
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 STRUCTURES
537. (a) Each (1)
Except as provided in paragraph (2), each water purveyor that
sells, leases, rents, furnishes, or delivers water service to a
multiunit residential structure 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,
July 1, 2013, shall require the installation of
a water meter or submeter to measure water supplied to each
individual dwelling unit as a condition of new water service to that
property.
(2) A water purveyor shall not require the installation of a water
meter or submeter pursuant to paragraph (1), unless a sufficient
number of qualifying types of water meters or submeters have been
approved pursuant to Section 12500.5 of the Business and Professions
Code.
(b) The owner, or his or her agent, (1)
Except as provided in paragraph (2), the owner
of a structure described in subdivision (a) ,
or his or her agent, shall charge occupants for water and sewer
service. This charge shall be based on the actual volume of water
delivered to the dwelling unit as measured by the meter or
submeter installed pursuant to subdivision (a).
(2) The owner, or his or her agent, may charge a monthly
administrative fee to recover the actual cost of reading meters or
submeters and providing billing services for the purposes of this
section. The administrative fee shall not exceed two dollars ($2) per
meter or submeter per month.
(3) The owner, or his or her agent, shall not charge an occupant
for water or sewer service pursuant to this subdivision, unless the
meter or submeter used to measure the water delivered to the dwelling
unit is of a type approved pursuant to Section 12500.5 of the
Business and Professions Code and is installed and operated in
compliance with regulations established pursuant to Section 12107 of
the Business and Professions Code.
(c) (1) An owner of a structure described in subdivision (a) shall
ensure that each submeter installed pursuant to subdivision (a)
complies with all laws and regulations governing installation,
certification, maintenance, billing, and testing of water submeters.
(2) This section shall not be construed to require a water
purveyor to assume responsibility for ensuring compliance with any
law or regulation governing installation, certification, maintenance,
and testing of water submeters and associated onsite plumbing.
(d) A water purveyor shall not charge an owner of a structure
described in subdivision (a), or his or her agent, a fee for the
installation of a water meter or submeter that is installed by the
owner or his or her agent.
(c)
(e) 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.
538. It is the intent of the Legislature that this chapter should
not be construed to impose costs on any local government agency,
except to the extent that the local government agency is a water
purveyor subject to subdivision (a) of Section 537.