BILL NUMBER: AB 19	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fong

                        DECEMBER 6, 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 19, as introduced, Fong. Building standards: water 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 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, 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, approval of meter type, maintenance, reading, billing,
and testing of water submeters.
   (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 that require the installation of water meters or submeters
in individual dwelling units within a newly constructed multiunit
residential structure or mixed-use residential and commercial
structure, as specified. The bill would prohibit the department from
developing building standards that require installation of submeters
in a multiunit residential structure or mixed-use residential and
commercial structure that is part of a common interest development.
   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) (1) During the next regularly scheduled building
standards code adoption cycle commencing on or after January 1, 2012,
the department shall develop and submit, pursuant to Chapter 4
(commencing with Section 18935) of Part 2.5, building standards that
require installation of water meters or submeters in individual
dwelling units within a newly constructed multiunit residential
structure or a newly constructed mixed-use residential and commercial
structure.
   (2) At a minimum, the department shall provide exemptions for
structures in each of the following categories:
   (A) Low-income housing. For purposes of this subparagraph,
"low-income housing" means a residential building financed with
low-income housing tax credits, tax-exempt mortgage revenue bonds,
general obligation bonds, or local, state, or federal loans or
grants, 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, and for which not
less than 25 percent of the dwelling units within the building are
designated for occupancy by lower income households, as defined in
Section 50079.5.
   (B) Student dormitories.
   (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.
   (3) The department shall not develop building standards that
require installation of submeters in a multiunit residential
structure or mixed-use residential and commercial structure that is
part of a common interest development.
   (b) 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 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.  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, approval of meter type, maintenance, reading,
billing, and testing of water submeters.
   (2) This subdivision does not require a water purveyor to fund or
assume responsibility for ensuring compliance with any law or
regulation governing installation, approval of submeter type,
maintenance, reading, billing, and testing of water submeters and
associated onsite plumbing.
   (c) A water purveyor shall not charge an owner of a structure 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 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.
   (d)  This section shall not restrict the authority of a water
purveyor to adopt and implement a program for the use of water meters
or submeters for multiunit residential structures or mixed-use
residential and commercial structures that promotes water
conservation, at least as stringently, as the requirements of this
section and the building standards adopted pursuant to Section
17922.14 of the Health and Safety Code.
   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 538.