BILL NUMBER: AB 19	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 17, 2011

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 amended, Fong. Building standards: water meters:
multiunit structures. 
   (1) The 
    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   part of a common interest
development that submits an application for a water connection after
January 1, 2014, to require the installation of a water meter, as
defined, to measure water supplied to each individual dwelling unit
as a condition of new water service. The bill would require a water
purveyor that provides water service to a multiunit residential
structure or mixed-use residential and commercial structure that is
not part of a common interest development that submits an application
for a water connection after January 1, 2014  , 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.  The bill would except certain buildings from
these requirements.  
   (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.   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)    The following definitions govern
the construction of this chapter: 
   (a) 
    (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. 
   (b) 
    (2)  "Meter" has the same meaning as "water meter" in
Section 516 of the Water Code. 
   (c) 
    (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.

   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: 
      (b) (1) Section 538 controls the obligation of a water
purveyor with respect to service provided to a multiunit residential
structure or mixed-use residential and commercial structure that is
part of a common interest development.  
   (2) Section 539 controls the obligation of a water purveyor with
respect to service provided to a multiunit residential structure or
mixed-use residential and commercial structure that is not part of a
common interest development.  
   (c) Structures in all of the following categories shall be exempt
from the provisions of this chapter:  
   (1) Low-income housing. For purposes of this paragraph,
"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 of the Health and Safety
Code, 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 of the Health
and Safety Code.  
   (2) Student dormitories.  
   (3) Long-term health care facilities, as defined in Section 1418
of the Health and Safety Code.  
   (4) Time-share property, as defined in subdivision (aa) of Section
11212 of the Business and Professions Code.  
   (d) A meter or submeter used to measure water supplied to an
individual residential unit that is required to be installed by a
water purveyor 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.  
   538.  Except as provided in Section 537, each water purveyor that
sells, leases, rents, furnishes, or delivers water service to a
multiunit residential structure or mixed-use residential and
commercial structure that is part of a common interest development
for which an application for a water connection or connections is
submitted after January 1, 2014, shall require the installation of a
water meter to measure water supplied to each individual dwelling
unit as a condition of new water service.  
   539.  (a) Except as provided in Sections 537 and 538, each water
purveyor that sells, leases, rents, furnishes, or delivers water
service to a multiunit residential structure or mixed-use residential
and commercial structure for which an application for a water
connection, or more than one connection, is submitted after January
1, 2014, shall require the installation of a water meter or submeter
to measure the water supplied to each individual dwelling unit as a
condition of new water service by doing 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.   this
section.  
   (e) This section does not apply to a structure described in
subdivision (a) that is greater than four stories in height above
grade if 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. 
    539.   540.   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.