BILL ANALYSIS �
SB 744
Page 1
SENATE THIRD READING
SB 744 (Wyland)
As Amended August 21, 2012
Majority vote
SENATE VOTE :28-8
BUSINESS & PROFESSIONS 6-0 APPROPRIATIONS 16-0
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|Ayes:|Hayashi, Bill Berryhill, |Ayes:|Fuentes, Harkey, |
| |Eng, | |Blumenfield, Bradford, |
| |Hagman, Hill, Smyth | |Charles Calderon, Campos, |
| | | |Davis, Donnelly, Gatto, |
| | | |Hall, Hill, Mitchell, |
| | | |Nielsen, Norby, Solorio, |
| | | |Wagner |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Exempts water submeters from testing and approval by
the county sealer prior to installation if tested, as specified.
Specifically, this bill :
1)Deems any water submeter tested by equipment that is regularly
calibrated by tests that are directly traceable to standards
promulgated by the National Institute of Standards and
Technology (NIST) to be tested, sealed, and approved for
commercial use, if all of the following conditions are met:
a) The submeter complies with the accuracy tolerance for
submeters as published in the NIST Handbook 44 (NIST
Handbook);
b) The submeter is a type approved by the Division of
Measurement Standards (DMS); and,
c) The identity of the entity that performed the test and
the test results are attached to the submeter.
2)Deems that no water submeter shall be considered to have been
put unlawfully into service prior to its installation if the
water submeter is to be used in a multiunit residential
structure.
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3)Requires water submeter manufacturers, or the licensed service
agent responsible for the installation of water submeters, to
notify the county sealer of when water submeters are installed
or placed into service, or otherwise be subject to a civil
penalty up to $1,000.
4)States that an individual installing or possessing a water
submeter and compliant with this bill shall not be guilty of a
misdemeanor unless there is a knowing and willful intent to
use an inaccurate or incorrect water submeter.
5)States that an owner complying with this bill shall not be
liable for any penalty or fine pursuant to this bill.
6)Clarifies that a public entity may adopt and enforce an
ordinance, rule, regulation, or policy that is consistent with
this bill.
7)Authorizes a county sealer to test a water submeter at an
owner's request, a resident's written request, or periodically
at its discretion. If the county sealer determines the water
submeter is incorrect, the owner shall do both of the
following:
a) Replace the water submeter with a compliant one within a
reasonable time if one is available; and,
b) Notify the tenant in writing, within 21 days, of the
date that the water submeter was removed and replaced.
8)Sunsets these provisions on January 1, 2016.
EXISTING LAW :
1)Establishes DMS within the California Department of Food and
Agriculture (DFA) to establish tolerances, specifications, and
other technical requirements for commercial weighing and
measuring.
2)Provides for the licensure and regulation of county sealers by
DFA.
3)Requires DFA to adopt the latest standards recommended by the
National Conference on Weights and Measures published in the
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NIST Handbook, unless otherwise amended or rejected by
regulation by DFA.
4)Authorizes DFA to issue rules and regulations that provide for
the submission of types or designs of weights and measures, or
weighing, measuring, or counting instruments or devices used
for commercial purposes. Requires DFA to issue certificates
of approval for types or designs meeting those tolerances and
specifications.
5)Requires every person who uses, or intends to use, any weight
or measure, or weighing or measuring instrument for commercial
purposes, to have those instruments sealed by a sealer, unless
they are sealed prior to sale and used as specified.
6)Requires that any weighing or measuring instrument that
requires assembly or setup after sale and before use, may be
sold without first being tested and sealed, but shall be
tested and sealed before use.
7)Makes it unlawful for any person to violate DFA's regulations,
tolerances, specifications, and standards.
8)Makes it unlawful to commercially sell or use any weight,
measure, or weighing, measuring, or counting instrument or
device not first approved by DFA, unless otherwise exempted.
FISCAL EFFECT : According to the Senate Appropriations
Committee, there are no significant costs associated with this
legislation and the DMS under the DFA does not anticipate a loss
in revenue.
COMMENTS : According to the author, "This bill is designed to
ensure an adequate supply of submeters in California for
installation and use in rental housing, particularly newly
constructed rental housing. Submeters have been found to be the
most effective means of measuring water use in rental housing
and thereby promoting increased water conservation.
Specifically, the bill attempts to address obstacles and
impediments faced by submeter manufacturers attempting to get
their products approved for use in California."
Water submeters are commercially utilized by landlords in rental
units, including apartment complexes, mobile home parks, and
marinas to allow each tenant to receive a separate utility
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reading and be billed separately for water consumption. While
residential and commercial water, electric, and gas meters are
regulated by the Public Utilities Commission, water submeters
are regulated by DMS under DFA in collaboration with the local
sealer of weights and measures. There are approximately 200,000
to 400,000 water submeters in the state.
In order for a manufacturer to sell and install a water submeter
in California, current law requires DMS to test a type or design
of a water submeter for approval, then subsequently requires a
local sealer to test a sample of DMS-approved water submeters
prior to installation in counties.
Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916)
319-3301
FN: 0005216