BILL NUMBER: AB 2451 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Daly
FEBRUARY 21, 2014
An act to amend Sections 12240 and 12531 of, and to add Sections
12210.7 and 12506.5 to, the Business and Professions Code, relating
to weights and measures.
LEGISLATIVE COUNSEL'S DIGEST
AB 2451, as introduced, Daly. Weights and measures: water
submeters.
(1) Existing law requires the sealer of a county to inspect and
test weighing and measuring devices, as specified, that are used or
sold for commercial purposes in the county. Existing law, until
January 1, 2016, authorizes the county board of supervisors to charge
fees to recover the costs of the county sealer to perform these
duties. For marinas, mobilehome parks, recreational vehicle parks,
and apartment complexes, where the owner is responsible for the
utility meters, existing law prohibits the device fee for water
submeters from exceeding $2 per device per space or apartment.
Existing law prohibits a person from engaging in business as a
service agency unless registered by the Secretary of Food and
Agriculture, as specified. Existing law defines "service agency" to
mean any person that repairs a commercial device, designed to be used
for determining weight or measure.
This bill would require a county sealer, upon written request of a
service agent, to test and certify the accuracy of a water submeter
within the county in which the county sealer operates. The bill would
authorize a water submeter certified to be accurate to be used in
any county in the state. The bill would require a sealer in any
county to accept for installation a water submeter in working order
that is certified to be accurate. The bill would authorize the board
of supervisors, until January 1, 2016, to charge fees to cover the
cost of the county sealer of performing these services. By imposing
additional duties on county sealers, this bill would impose a
state-mandated local program.
(2) Existing law requires a sealer to seize and condemn, and
authorizes the sealer to destroy, incorrect weights and measures and
weighing and measuring instruments used for commercial purposes which
are not susceptible of repair. Existing law requires a sealer to
mark incorrect devices, which are susceptible of repair, with a tag
or other device with the words "Out of order." For these purposes,
existing law defines "incorrect" as any instrument which fails to
meet prescribed tolerances and specifications and other technical
requirements for commercial weighing and measuring.
This bill would instead require a sealer to return an incorrect
water submeter, which is not susceptible of repair, to the
appropriate service agent, and to mark the water submeter with a tag
or other device with the words "Out of order." By placing additional
duties on county sealers, this bill would impose a state-mandated
local program. The bill would prohibit such a water meter from being
placed in service in the state. Because the bill would impose
additional duties on county sealers and because a violation of this
provision would be a crime, this bill would impose a state-mandated
local program.
(3) Existing law regulates the utilization and repair of weighing
or measuring devices. Under existing law, for purposes of weighing
and measuring devices, the term "placed in service" means to permit
the use of a device that has been tested and found to be correct, as
specified, and type approved, as provided, or to submit a device to a
sealer for verification prior to installation. Under existing law, a
device may only be placed in service by a sealer or a service
agency.
This bill would limit the term "placed in service" to mean to
permit the use of a device that has been tested and found to be
correct, as specified, and type approved, as provided.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for specified reasons.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12210.7 is added to the Business and
Professions Code, to read:
12210.7. (a) A sealer shall, upon the written request of a
service agent, as defined in Section 12531, test and certify the
accuracy of a water submeter within the county in which the sealer
operates.
(b) (1) Notwithstanding any other law, a water submeter certified
to be accurate pursuant to subdivision (a) may be used in any county
in the state.
(2) A sealer in any county shall accept for installation a water
submeter in working order that was certified pursuant to subdivision
(a).
SEC. 2. Section 12240 of the Business and Professions Code is
amended to read:
12240. (a) Except as otherwise provided in this section, the
board of supervisors, by ordinance, may charge an annual registration
fee, not to exceed the county's total cost of actually inspecting or
testing the devices as required by law, to recover the costs of
inspecting or testing weighing and measuring devices required of the
county sealer pursuant to Section 12210,
Sections 12210 and 12210.7, and to recover the cost of carrying
out Section 12211.
(b) Except as otherwise provided in this section, the annual
registration fee shall not exceed the amount set forth in
subdivisions (f) to (r), inclusive.
(c) The county may collect the fees biennially, in which case they
shall not exceed twice the amount of an annual registration fee. The
ordinance shall be adopted pursuant to Article 7 (commencing with
Section 25120) of Chapter 1 of Part 2 of Division 2 of Title 3 of the
Government Code.
(d) Retail gasoline pump meters, for which the above fees are
assessed, shall be inspected as frequently as required by regulation,
but not less than once every two years.
(e) Livestock scales, animal scales, and scales used primarily for
weighing feed and seed, for which the above fees are assessed, shall
be inspected as frequently as required by regulation.
(f) For purposes of this section, the annual registration fee for
a business that uses a commercial weighing or measuring device or
devices shall consist of a business location fee, a Department of
Food and Agriculture administrative fee, as specified in Section
12241, and a device fee, as specified in subdivisions (g) to (r),
inclusive. The business location fee and device fee shall not exceed
one hundred dollars ($100) per business location, plus 100 percent of
the maximum applicable device fee listed in subdivisions (g) to (r),
inclusive.
(g) (1) For marinas, mobilehome parks, recreational vehicle parks,
and apartment complexes, where the owner of the marina, park, or
complex owns and is responsible for the utility meters, the device
fee shall not exceed the following:
(A) For water submeters, two dollars ($2) per device per space or
apartment.
(B) For electric submeters, three dollars ($3) per device per
space or apartment.
(C) For vapor submeters, four dollars ($4) per device per space or
apartment.
(2) Marinas, mobilehome parks, recreational vehicle parks, and
apartment complexes for which the above fees are assessed shall be
inspected and tested as frequently as required by regulation.
(h) For weighing devices, other than livestock, with capacities of
10,000 pounds or greater, the device fee shall not exceed two
hundred fifty dollars ($250) per device; for weighing devices, other
than livestock scales, with capacities of at least 2,000 pounds but
less than 10,000 pounds, the device fee shall not exceed one hundred
fifty dollars ($150) per device.
(i) This section does not apply to farm milk tanks.
(j) A scale or device used in a certified farmers' market, as
defined by Section 113742 of the Health and Safety Code, is not
required to be registered in the county where the market is
conducted, if the scale or device has an unexpired seal for the
current year, issued by a licensed California county sealer.
(k) For livestock scales with capacities of 10,000 pounds or
greater, the device fee shall not exceed one hundred fifty dollars
($150) per device; for livestock scales with capacities of at least
2,000 pounds but less than 10,000 pounds, the device fee shall not
exceed one hundred dollars ($100) per device.
(l) For liquefied petroleum gas (LPG) meters, truck mounted or
stationary, the device fee shall not exceed one hundred eighty-five
dollars ($185) per device.
(m) For wholesale and vehicle meters, the device fee shall not
exceed seventy-five dollars ($75) per device.
(n) For computing scales, the device fee shall not exceed twenty
dollars ($20) per device. For purposes of this subdivision, a
computing scale shall be a weighing device with a capacity of less
than 100 pounds that indicates the money value of any commodity
weighed, at predetermined unit prices, throughout all or part of the
weighing range of the scale. For the purposes of this subdivision,
the portion of the annual registration fee consisting of the business
location fee and the device fees authorized by this subdivision
shall not exceed the sum of one thousand dollars ($1,000) for each
business location.
(o) For jewelry and prescription scales, the device fee shall not
exceed eighty dollars ($80) per device. For purposes of this
subdivision, a jewelry or prescription scale shall be a scale that
meets the specifications, tolerances, and sensitivity requirements
established or adopted by the secretary applicable to those devices
in accordance with Section 12107.
(p) For weighing devices, other than computing, jewelry, and
prescription scales as defined in subdivisions (n) and (o), with
capacities of at least 100 pounds but less than 2,000 pounds, the
device fee shall not exceed fifty dollars ($50) per device.
(q) For vehicle odometers utilized to charge mileage usage fees in
vehicle rental transactions or in computing other charges for
service, including, but not limited to, ambulance, towing, or
limousine services, the device fee shall not exceed sixty dollars
($60) per device.
(r) This section does not apply to odometers in rental passenger
vehicles, as defined in Section 465 of the Vehicle Code, that are
subject to Section 1936 of the Civil Code. If a person files a
complaint with the county sealer regarding the accuracy of a rental
passenger vehicle odometer, the county sealer may charge a fee to the
operator of the vehicle rental business sufficient to recover, but
not to exceed, the reasonable cost of testing the device in
investigation of the complaint.
(s) For vehicle odometers utilized to charge mileage usage fees in
vehicle rental transactions involving nonpassenger vehicles that are
not subject to Section 1936 of the Civil Code, the portion of the
annual registration fee consisting of the business location fee and
the device fee authorized pursuant to subdivision (q) shall not
exceed the sum of three hundred forty dollars ($340) for each
business location.
(t) For all other commercial weighing or measuring devices not
listed in subdivisions (g) to (r), inclusive, the device fee shall
not exceed twenty dollars ($20) per device. For the purposes of this
subdivision, the total portion of the annual registration fee
consisting of the business location fee and the device fees
authorized by this subdivision shall not exceed the sum of one
thousand dollars ($1,000), for each business location.
(u) For the purposes of this section, a single business location
is defined as:
(1) Each business location that uses one or more categories or
types of commercial devices as set forth in subdivisions (g) to (p),
inclusive, and in subdivision (t), that require the use of
specialized testing equipment and that necessitates not more than one
inspection trip by a weights and measures official.
(2) Each vehicle, except for those vehicles that are employed in
vehicle rental transactions, in which one or more commercial devices
is installed and used.
(3) (A) For vehicles that are employed in vehicle rental
transactions and that are not subject to Section 1936 of the Civil
Code, each business location at which vehicles are stored or
maintained by a vehicle rental company for the purposes of renting
vehicles to customers.
(B) A facility that meets all of the following criteria shall not
be considered a business location for the purposes of this paragraph:
(i) The facility is not wholly, or in any part, owned, leased, or
operated by the vehicle rental company.
(ii) The facility is not operated or staffed by an employee of the
vehicle rental company.
(iii) The facility stores or maintains, on a temporary basis,
vehicles at the location for customer convenience.
(C) If a person files a complaint with the county sealer regarding
the accuracy of an odometer in a vehicle found or located at a
facility described in subparagraph (B), the county sealer may charge
a fee to the operator of the vehicle rental company sufficient to
recover, but not to exceed, the reasonable cost of testing the device
in investigation of the complaint.
SEC. 3. Section 12506.5 is added to the Business and Professions
Code, to read:
12506.5. Notwithstanding any other law, a sealer shall return an
incorrect water submeter, which in his or her judgment is not
susceptible of repair, to the appropriate service agent and shall
mark the water submeter with a tag or other suitable device with the
words "Out of order." An incorrect water submeter returned to a
service agent pursuant to this section shall not be placed in service
in this state.
SEC. 4. Section 12531 of the Business and Professions Code is
amended to read:
12531. As used in this chapter, the following definitions are
applicable:
(a) "Service agency" means any person, as defined in Section
12011, that for hire, award, commission, or any other payment of any
kind, repairs a commercial device.
(b) "Service agent" means any person employed by a service agency
to repair a commercial device.
(c) "Device" means any weighing or measuring equipment,
contrivance, or instrument used, or designed to be used, for
determining weight or measure, and includes any tool, appliance, or
accessory used in connection therewith, that is used for commercial
purposes as defined in subdivision (e) of Section 12500.
(d) "Placed in service" means to permit the use of a device that
has been tested and found to be correct, as defined in subdivision
(c) of Section 12500, and type approved, as provided for in Section
12500.5, or to submit a device to a sealer for verification
prior to installation. 12500.5.
(e) "Correct" means any device that meets all of the tolerance and
specification requirements of Section 12107.
(f) "Repair," in any of its variant forms, means to provide
maintenance, or to install, adjust, recondition, or service a device.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because a local agency or school district has the authority
to levy service charges, fees, or assessments sufficient to pay for
the program or level of service mandated by this act or because costs
that may be incurred by a local agency or school district will be
incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.