BILL ANALYSIS Ó SB 1387 Page 1 SENATE THIRD READING SB 1387 (Emmerson) As Amended August 20, 2012 Majority vote SENATE VOTE : 37-0 BUSINESS & PROFESSIONS 9-0 APPROPRIATIONS 16-1 ----------------------------------------------------------------- |Ayes:|Hayashi, Bill Berryhill, |Ayes:|Fuentes, Harkey, | | |Allen, Butler, Eng, | |Blumenfield, Bradford, | | |Hagman, Hill, Ma, Smyth | |Charles Calderon, Campos, | | | | |Davis, Gatto, Hall, Hill, | | | | |Lara, Mitchell, Nielsen, | | | | |Norby, Solorio, Wagner | | | | | | |-----+--------------------------+-----+--------------------------| | | |Nays:|Donnelly | | | | | | ----------------------------------------------------------------- SUMMARY : Prohibits a junk dealer or recycler from possessing fire hydrants, manhole covers or backflow devices unless specified provisions are met and results in a criminal fine for failure to comply. Specifically, this bill : 1)Prohibits a junk dealer or recycler from possessing any reasonably recognizable, disassembled or inoperative fire hydrant or fire department connection, including but not limited to reasonably recognizable brass fittings and parts, manhole cover or lid or parts, backflow device or connection to that device or parts that were owned or previously owned by an agency unless specified conditions are met. 2)Requires written certification on letterhead of the agency or utility that owns or previously owned the material described in the certification, that the agency has sold the material or is offering the material for sale, salvage, or, recycling; and, that the person identified in the certification is authorized to negotiate the sale of that material. 3)Requires, upon the discovery of a prohibited material, a junk dealer or recycler who unknowingly takes possession of one or more designated items as part of a load of otherwise SB 1387 Page 2 non-prohibited materials without a written certification has a duty to notify the appropriate law enforcement agency by the end of the next business day. 4)Defines "appropriate law enforcement agency" to mean: a) The police chief of the city, or his or her designee, if the specified item or items are located within the territorial limits of an incorporated city; or, b) The sheriff of the county or his or her designee if the specified item or items are located within the county but outside the territorial limits of an incorporated city. 5)Provides that the written confirmation shall relieve the junk dealer or recycler from any civil or criminal penalty for possession of the prohibited material and requires the prohibited material to be set aside and not sold pending a determination by law enforcement. 6)Defines "agency" to mean a public agency, city, county, city and county, special district or private utility regulated by the Public Utilities Commission. 7)Defines "written confirmation" to mean a confirmation in written form by the junk dealer or recycler to a law enforcement agency including electronic mail, facsimile or a letter delivered in person or by certified mail. 8)Provides a fine up to $3,000, for any person engaged in the salvage, recycling, purchase, or sale of scrap metal who possess any of the following items that were owned or previously owned by any public agency, city, county, city and county, special district or private utility that have been stolen or obtained in an illegal manner: a) A fire hydrant or any part of that hydrant; b) Any fire department connection, including, but not limited to bronze or brass fittings and parts; c) Manhole covers or lids or any part of those covers and lids; or, d) Backflow devices and connections or any part of those devices. 9)Adds finding and declarations. 10)Makes technical and clarifying changes. SB 1387 Page 3 FISCAL EFFECT : According to the Assembly Appropriations Committee, unknown, likely minor state trial court costs depending on how many misdemeanor filings will result from this legislation. Every 100 filings would cost approximately $50,000 per year. COMMENTS : According to the author, "Metal theft is on the rise as the price of metal continues to climb. The theft of metals has devastated both public and private property and has harmed critical public infrastructure, making it difficult to deliver essential utilities to customers. Moreover, the theft of certain metal devices can seriously threaten public health and safety. For instance, individuals have been severely injured falling down uncovered manholes and vehicles have incurred damage driving over manholes where the covers have been stolen. In addition, stolen backflow devices leave potable water sources vulnerable to cross-contamination while stolen fire hydrants render properties defenseless to fire." Metal theft has become increasingly popular within the last decade and the theft of fire hydrants, copper, manhole covers, and backflow devices in particular are on the rise and represent a significant health and safety concern to the public. The sponsor cites several incidents where individuals have suffered injuries because of missing manhole covers, leaving local entities open to the possibility of legal action. According to a report published in 2010 by the Office of Electricity Delivery and Energy Reliability, reports of copper theft have been most prevalent in California and Florida, but have also been significant in Ohio, Alabama, Pennsylvania, Michigan, New York, Texas, and Tennessee. Several factors appear to contribute to rates of copper theft. At the time of the report, California was the state with the highest total of copper thefts reported. According to a January 8, 2012, Sacramento Bee article, over a New Year's weekend in 2011, 50 manhole covers were stolen from the streets of Sacramento with a replacement cost estimated at $165 per cover. And more recently, according to scraptheftalert.com, Contra Costa Water District recently had five backflow devices stolen, for a loss valued at approximately $4,500. In 2011, Eastern Municipal Water District, Western Municipal Water District, and Elsinore Valley Municipal Water District began offering a $500 reward to anyone who provides SB 1387 Page 4 information that leads to the arrest and conviction of individuals for vandalism or theft of fire hydrants and other metal facilities. Analysis Prepared by : Elissa Silva / B.,P. & C.P. / (916) 319-3301 FN: 0004915