BILL ANALYSIS Ó
AB 1518
Page 1
Date of Hearing: March 27, 2012
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
AB 1518 (Perea) - As Amended: March 19, 2012
SUBJECT : Weighmasters: automated weighing systems.
SUMMARY : Authorizes weighmasters to use unattended weighing
systems, as specified. Specifically, this bill :
1)Authorizes any weighmaster weighing any vehicle moving
construction materials, including but not limited to earth,
stone, rock, sand, gravel, limestone, ready mixed concrete,
cementitious materials, recycled construction materials, or
asphalt paving materials, to use an unattended weighing system
to weigh the vehicle and issue a weighmaster certificate to
buyers who opt to utilize the unattended system.
2)Requires the name of the principal weighmaster and the unique
system identification number of the unattended weighing system
utilized to be imprinted on the weighmaster certificate and
specifies that this information satisfies current weighmaster
certificate requirements.
3)Specifies that this bill does not impact existing weighing and
ticketing systems.
4)Defines the following terms:
a) "Principal weighmaster" to mean any person or entity
identified on the weighmaster certificate, that may employ
or designate any person to act for the weighmaster as a
deputy weighmaster, as specified; and,
b) "Unattended weighing system" to mean an automated system
not directly under the supervision of a weighmaster that
meets approval, testing, and sealing requirements, as
specified.
EXISTING LAW :
1)Provides for the licensure of weighmasters who weigh, measure,
or count any commodity and issue a statement or memorandum
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that is used as the basis for either the purchase or sale of
that commodity.
2)Requires that a weighmaster issue a signed weighmaster
certificate, with specified information, whenever payment for
the commodity is dependent on a written or printed weight,
measure, or count.
3)Specifies that any weighing, measuring, or counting instrument
or device, as defined, which is used by a weighmaster be
approved, tested, and sealed, as specified.
FISCAL EFFECT : Unknown
COMMENTS : According to the author, "Established in 1916,
Business & Professions Code sections 12700-12736 ensure accuracy
and fairness in weighing and measuring for commercial
transactions involving commodities. A key component of the code
is that a weighmaster or deputy is present to sign weight
certificates.
"Technological developments with computers, scanners, sensors,
electronics, lasers, video, etc. provide capabilities for
accuracy, verification, and efficiency that were not previously
available. In essence, technology provides means for remote
and/or unattended systems.
"Nearly every facet of extraction, processing, batching,
loading, weighing, and ticketing of construction materials is or
can be automated to some degree. Individual loader operators
even have computerized information on how much to load in each
truck. Load out processes remain the one operation that cannot
be fully automated due to current law.
"Construction and industrial material operations can load out up
to hundreds of trucks each day during busy times. Automated
systems will allow more efficient dispatch of trucks, which can
help reduce truck queuing and idling, improve timely delivery to
projects, and distribute impacts to local traffic more evenly.
It can assist with the management of vehicles to meet after hour
work demands.
"Automated systems can allow for utilization of more plants. In
a slow economy, it is often uneconomical to open or operate
certain plants for small projects due to the lack of automation.
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This can lead to materials being hauled longer distances over
public roads. Automated load outs could facilitate optimal use
of plants nearest to projects.
"It brings California standards up to par with other states and
allows California industry to modernize. In certain locations,
imports of aggregates, cement, and related materials from
Canada, Mexico, and other nations compete with California
sources."
Background . Administered by the California Department of Food
and Agriculture, the Weighmaster Enforcement Program assures
that commercial transactions based on quantities certified on a
weighmaster certificate are accurate. The program licenses as
weighmasters, individuals or firms who weigh or measure bulk
commodities and issue certificates of accuracy.
The Weighmaster Enforcement Program seeks to provide customer
confidence when buying or selling bulk products based on
quantities represented on a weighmaster certificate by ensuring
uniformity, fairness and honest competition in the marketplace.
A weighmaster is a person or business that weighs, measures, or
counts a commodity and issues a written statement of that
quantity, referred to as a weighmaster certificate. It is a
legal document used as the basis to buy or sell the commodity
described on the certificate.
All weighmaster certificates are required by law to have certain
information that must be completed prior to issuance. Some of
the required information includes the name of the licensed
weighmaster company and a description of the commodity weighed,
measured or counted. Certificates must be dated and signed by a
deputy weighmaster.
This bill allows weighmasters to use an unattended or
"automated" weighing system to issue a weighmaster certificate.
The bill also specifies that unattended weighing systems meet
current approval, testing, and sealing requirements.
Support . The sponsor of this bill, California Construction and
Industrial Materials Association (CalCIMA), writes, "AB 1518
would update a 1916 provision in the Business & Professions Code
that prevents modernization of weighing and ticketing functions.
In particular, the code requires the physical presence of a
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'weighmaster' to issue a weigh certificate. While nearly every
aspect of extracting, processing, batching, and loading
materials can be automated, the exception is for the issuance of
the weigh certificate.
"While supporting technology adaptations, CalCIMA members are
also equally committed to accuracy and transparency of
transactions. Our members work closely with the Division of
Measurement Standards (DMS) to ensure automated systems meet or
exceed transaction safeguards that prevent fraud or misuse. The
legislation re-iterates authority for DMS to regulate, approve,
and test weighting systems, and retains overall weighmaster
function and responsibility.
"The legislation can provide many benefits, including allowing
for more efficient scheduling of trucks and plant operations,
reducing truck idling and congestion on road ways, allowing use
of plants closer to project sites, and assisting California
business compete more effectively, while also implementing the
technologies to enhance verification, accuracy and
record-keeping."
Oppose . The California Agricultural Commissioners and Sealers
Association (CACASA) writes in opposition, "The bill would
define an unattended weighing system as an automated system not
directly under the supervision of a weighmaster that meets the
approval, testing, and sealing requirements specified in
existing law.
"County sealers would be tasked with performing weighmaster
certificate audits at the site of the unattended weighing system
to ensure that commercial transactions dependent on weights and
measures are accurate. Additionally, county sealers would be
called upon in the event of a complaint by either the consumer
or the retailer. CACASA is concerned that the introduction of
unattended weighing systems in the state will require increase
oversight and audit activity to ensure consumer protection.
"Without an increase to the fees associated with the program,
ÝCACASA] has determined that there is insufficient funding at
the state level to perform adequate inspections and audits of
the unattended weighing systems. Until there is a stronger
level of comfort and available resources to maintain oversight,
CACASA must oppose unless amended to provide sufficient
enforcement funding."
AB 1518
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REGISTERED SUPPORT / OPPOSITION :
Support
California Construction and Industrial Materials Association
(Sponsor)
Brown Sand, Inc.
CalPortland Company
Specialty Minerals, Inc.
Syar Concrete LLC
Teichert Materials
Vulcan Material Company, West Region
Western Care Construction Company, Inc.
Opposition
California Agricultural Commissioners and Sealers Association
Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301