BILL NUMBER: AB 1975 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 2, 2010
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 Building
standards: 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,
would require a water purveyor that provides water
service to a multiunit residential structure or mixed-use residential
and commercial structure that is subject to specified building
standards, to either adopt a general policy to require the
installation of either a water meter , as defined, or a
submeter, at the discretion of the water purveyor, with a
specified exception as defined , to measure
water supplied to each individual dwelling unit , or to inform,
on an individual basis, an applicant for new water service as to
whether a water meter or submeter is required to be installed for
each individual dwelling unit . 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, reading,
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 a
rental structure, or an association managing the
structure, as specified, from assessing or
collecting charges or fees related to the water
meters and submeters water usage based on a submeter
reading , 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 to the commission
building standards for that require the
installation of water meters and or
submeters in residential individual dwelling
units within a newly constructed multiunit
residential structure or a mixed-use residential
and commercial structure, as specified. This
The bill would also require that proposed building
standards authorize the department to include
criteria for 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 rental dwelling
units in 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 that require
installation of water meters and or
submeters in residential units within a
individual dwelling units within a newly constructed multiunit
residential structure or a newly constructed mixed-use
residential and commercial structures for purposes of
Section 537 of the Water Code. structure.
(b) (1) The department shall may
determine circumstances under which the installation of water meters
or submeters shall be deemed in individual
dwelling units is infeasible, and provide an exemption
exemption criteria for these circumstances in
the proposed building standards. A master meter shall be
required for any structure to which an exemption is provided under
this subdivision.
(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.
(2) At a minimum, the department shall consider the development of
exemptions for structures in each of the following categories:
(A) Low-income housing. For purposes of this subparagraph,
"low-income housing" means a residential housing development financed
with low-income housing tax credits, tax-exempt mortgage revenue
bonds, general obligation bonds, or local, state, or federal loans or
grants, and for which the rents of the occupants in lower income
households, as defined in Section 50079.5, do not exceed rents
prescribed by deed restrictions or regulatory agreements pursuant to
the terms of the financing or financial assistance.
(B) Student dormitories.
(C) Senior living facilities.
(C) Long-term health care facilities, as defined in Section 1418.
(D) Time-share property, as defined in subdivision (aa) of Section
11212 of the Business and Professions Code.
(c) The building standards developed pursuant to this section
shall require a meter or submeter used to measure water supplied to
an individual residential unit to be of a type approved pursuant to
Section 12500.5 of the Business and Professions Code, and to be
installed and operated in compliance with regulations established
pursuant to Section 12107 of the Business and Professions Code.
(c) The commission
(d) The California Building Standards
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)
(e) (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 rental dwelling units in multiunit structures
for water and sewer 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, private and public water
purveyors, environmental organizations, wastewater agencies,
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)
(f) (1) The requirement for submitting a report imposed
under paragraph (2) of subdivision (d) (e)
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) (e) shall be submitted
in compliance with Section 9795 of the Government Code.
(g) The following definitions govern the construction of this
section:
(1) "Master meter" means a meter that measures water usage for an
entire property or structure, which may include common areas, and is
read by the water purveyor.
(2) "Meter" has the same meaning as "water meter" in Section 516
of the Water Code.
(3) "Submeter" means a device that measures water consumption of
an individual unit within a master-metered structure, and is read by
the owner of the structure or the owner's agent.
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.
(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.
(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
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.
537. The following definitions govern the construction of this
chapter:
(a) "Master meter" means a meter that measures water usage for an
entire property or structure, which may include common areas, and is
read by the water purveyor.
(b) "Meter" has the same meaning as "water meter" in Section 516
of the Water Code.
(c) "Submeter" means a device that measures water consumption of
an individual unit within a master-metered structure, and is read by
the owner of the structure or the owner's agent.
538. (a) With respect to an application for a
water connection or connections for a structure that is subject to
building standards adopted pursuant to Section 17922.14 of the Health
and Safety Code, a water purveyor shall do either of the following:
(1) Adopt a general policy to determine when the installation of
either a water meter or submeter to measure water supplied to each
individual dwelling unit shall be required. The water purveyor shall
inform all local building departments within its service area of the
policy.
(2) On an individual basis, and upon receipt of an application for
new water service to the structure, inform the applicant, and the
appropriate local building department, as to whether a water meter or
submeter is required to be installed to measure water supplied to
each individual dwelling unit in the structure.
(b) (1) If the water purveyor requires installation of submeters
pursuant to subdivision (a), the owner of the structure shall ensure
that each submeter installed complies with all laws and regulations
governing installation, certification, maintenance, reading, billing,
and testing of water submeters.
(2) This section subdivision 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)
(c) A water purveyor shall not charge an owner of a
structure described in subdivision (a) that
is subject to building standards adopted pursuant to Section 17922.14
of the Health and Safety Code , or his or her agent, a 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 providing and 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.
(d) An owner of a rental structure subject to building standards
adopted pursuant to Section 17922.14 of the Health and Safety Code,
and in which a water submeter is installed on or after the effective
date of those building standards, shall not assess or collect from
occupants any charges or fees associated with water usage based on a
submeter reading. For purposes of this subdivision, "water usage"
includes services based on water usage, including sewer service.
538. 539. 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 537 538 .
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.