BILL NUMBER: SB 744	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wyland

                        FEBRUARY 18, 2011

   An act to add Chapter 17 (commencing with Section 13850) to
Division 5 of the Business and Professions Code, relating to water
submeters.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 744, as introduced, Wyland. Water submeters: testing.
   Existing law requires that a person who uses, or intends to use,
any weight or measure, or weighing or measuring instrument for
commercial purposes, to cause them to be sealed by a sealer before
using the same, unless they have been sealed before sale, in which
case existing law allows the purchaser to use them for the remainder
of the period authorized by regulations adopted by the Secretary of
Food and Agriculture. There is within the Department of Food and
Agriculture the Division of Measurement Standards, which is designed
to ensure the accuracy of commercial weighing and measuring devices.
   This bill would provide that any water submeter tested by a test
bench that is regularly calibrated by a cross-check measure shall be
deemed to be sealed and approved for commercial use, as specified,
provided that the submeter satisfies certain criteria, including that
the submeter is otherwise a type approved by the Division of
Management Standards.
   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.  Chapter 17 (commencing with Section 13850) is added to
Division 5 of the Business and Professions Code, to read:
      CHAPTER 17.  WATER SUBMETERS


   13850.  (a) Any water submeter tested by a test bench that is
regularly calibrated by a cross-check measure shall be deemed to be
tested and sealed and approved for commercial use pursuant to any
regulations related to the testing and oversight of submeters by the
Division of Measurement Standards, including, but not limited to,
Sections 12501.1 and 12502, provided that all the following
conditions are met:
   (1) The submeter complies with the accuracy tolerance for
submeters as published in the National Institute of Technology
Standards Handbook 44.
   (2) The submeter is otherwise a type approved by the Division of
Measurement Standards.
   (3) The test results are attached to the submeter.
   (b) Nothing in this section shall be construed to limit or alter
any additional regulations relating to testing and oversight of
submeters by the Division of Measurement Standards. Nothing in this
section shall be construed to affect any regulations promulgated by
any city, county, city and county, utility, water district, or
similar entity.