BILL NUMBER: AB 1975 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 28, 2010
AMENDED IN SENATE JUNE 16, 2010
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 Section 17922.14 to the Health and Safety Code, and
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.
(1) 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 , contingent upon adoption by the California
Building Standards Commission of specified building standards,
would require that architectural plans for individual dwelling units
in certain multiunit structures, for which a building permit
application is submitted on or after January 1, 2013, include, as a
condition for the issuance of the building permit, the installation
of either a water meter or a submeter, at the discretion of the water
purveyor, with a specified exception, to measure water
supplied to each individual dwelling unit. The bill would
require the owner of the structure, or his or her agent, to charge
occupants for water service based on the actual volume of water
delivered as measured by the water meter or submeter, subject to
requirements relating to approval, installation, and operation of the
water meter or submeter. 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 and
would prohibit the owner of the structure, or an association managing
the structure, from assessing or collecting fees related to the
water meters and submeters, from the occupants of the structure
.
(2) The California Building Standards Law provides for the
adoption of building standards by state agencies by requiring all
state agencies that adopt or propose adoption of any building
standard to submit the building standard to the California Building
Standards Commission for approval and adoption.
This bill would require the Department of Housing and Community
Development to develop and submit building standards for the
installation of water meters and submeters in residential units
within a multiunit residential structure or a mixed-use residential
and commercial structure, as specified. This bill would also require
that proposed building standards include exemptions for certain types
of residential structures and where installation is deemed
infeasible. The bill would require the commission, prior to adopting
these proposed building standards, to determine that a sufficient
number of water meters and submeters are available in the market.
The bill would also require the department, commencing on January
1, 2011, to convene a task force to develop recommendations for
legislation to establish standards and procedures governing the
practice of assessing and charging occupants of multiunit structures
for water usage by building owners and homeowners' associations for
purposes of the water metering requirements imposed by the bill. The
bill would require the department to report the final recommendations
of the task force to the Legislature no later than December 31,
2011, and would declare legislative intent to subsequently enact
comprehensive legislation relating to assessment and collection by
owners and associations of charges and fees associated with water
meters and submeters.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17922.14 is added to the Health and Safety
Code, to read:
17922.14. (a) During the next regularly scheduled building
standards annual code adoption cycle commencing on or after January
1, 2011, the department shall develop and submit, pursuant to Chapter
4 (commencing with Section 18935) of Part 2.5, building standards
for the installation of water meters and submeters in residential
units within a multiunit residential structure or mixed-use
residential and commercial structures for purposes of Section 537 of
the Water Code.
(b) (1) The department shall determine circumstances under which
the installation of water meters or submeters shall be deemed
infeasible, and provide an exemption for these circumstances in the
proposed building standards.
(2) The building standards proposed by the department pursuant to
this section shall provide an exemption, at a minimum, for each of
the following:
(A) Low-income housing.
(B) Student dormitories.
(C) Senior living facilities.
(D) Time-share property, as defined in subdivision (aa) of Section
11212 of the Business and Professions Code.
(c) The commission, prior to adopting the building standards
proposed pursuant to this section, shall collaborate with other state
entities, including, but not limited to, the Division of Measurement
Standards, to determine whether a sufficient supply of water meters
and submeters are available in the market for purposes of compliance
with the proposed building standards.
(d) (1) Commencing on January 1, 2011, the department shall
convene a task force to develop recommendations for legislation to
establish standards and procedures governing the practice of
assessing and charging occupants of multiunit structures for water
usage by building owners and associations, as defined in subdivision
(a) of Section 1351 of the Civil Code, for purposes of Chapter 8.5
(commencing with Section 537) of Division 1 of the Water Code. The
task force shall be composed of representatives of tenant
organizations, property owners, water purveyors, and other interested
parties. The task force shall develop its final recommendations by
June 30, 2011.
(2) The department shall report the final recommendations of the
task force to the Legislature no later than December 31, 2011.
(e) (1) The requirement for submitting a report imposed under
paragraph (2) of subdivision (d) is inoperative on December 31, 2015,
pursuant to Section 10231.5 of the Government Code.
(2) A report to be submitted pursuant to paragraph (2) of
subdivision (d) shall be submitted in compliance with Section 9795 of
the Government Code.
SEC. 2. 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) (1) Architectural plans for
individual dwelling units in a newly constructed multiunit
residential structure or a mixed-use residential and commercial
structure for which the application for a building permit is
submitted on or after January 1, 2013, shall include, as a condition
for the issuance of the building permit, the installation of either a
water meter or a submeter, at the discretion of the water purveyor,
to measure water supplied to each individual dwelling unit.
(b) (1) The owner of a structure described in subdivision (a), or
his or her agent, shall charge occupants for water service. This
charge shall be based only on the actual volume of water delivered to
the dwelling unit as measured by the meter or submeter installed
pursuant to subdivision (a).
(2) Notwithstanding paragraph (1), a water purveyor shall not
require installation of a submetering system for a multiunit
residential structure or mixed-use residential and commercial
structure that is a part of a common interest development, as defined
in subdivision (c) of Section 1351 of the Civil Code.
(2) The owner of a structure described in subdivision (a), or his
or her agent, shall not charge an occupant for water service pursuant
to this subdivision, unless the meter or submeter used to measure
the water delivered to the dwelling unit is of a
(b) A meter or submeter used
to measure the water supplied to the dwelling unit pursuant to this
chapter shall be of a type approved pursuant to Section 12500.5
of the Business and Professions Code and is
shall be 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, reading, billing, and testing
of water submeters. The owner shall be responsible for any costs
associated with this paragraph.
(2) This section shall not be construed to require a
water purveyor to does not require a water purveyor to
fund or assume responsibility for ensuring compliance with any
law or regulation governing installation, certification,
maintenance, reading, billing, 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 fee, charge, or assessment, either
directly or indirectly, for the installation, approval, connection,
or use of a water meter or submeter that is installed by the
owner or his or her agent. This subdivision shall not be
construed to restrict the authority of a water purveyor to collect
fees or charges for meters or connection and installation of meters,
or other fees or charges associated with maintaining water service as
described in the water purveyor's authorized tariffs or rates.
(e) An owner of a structure described in subdivision (a), or an
association, as defined in subdivision (a) of Section 1351 of the
Civil Code, that manages a structure described in subdivision (a),
shall not assess or collect from occupants any charges or fees
associated with the installation, certification, maintenance,
reading, billing, and testing of water meters or submeters for
purposes of this chapter.
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.
539. This chapter shall become operative upon the adoption by the
California Building Standards Commission of building standards
pursuant to Section 17922.14 of the Health and Safety Code.
SEC. 3. It is the intent of the Legislature to
enact subsequent comprehensive legislation to authorize an owner of,
or an association, as defined in subdivision (a) of Section 1351 of
the Civil Code, that manages, a structure described in subdivision
(a) of Section 537 of the Water Code to assess and collect from
occupants charges and fees associated with water meters and submeters
for purposes of Chapter 8.5 (commencing with Section 537) of
Division 1 of the Water Code and to establish standards and
procedures governing the practice of assessing and collecting charges
and fees associated with water meters and submeters from occupants
of structures governed by Chapter 8.5 (commencing with Section 537)
of Division 1 of the Water Code.