BILL ANALYSIS �
SB 1387
Page 1
SENATE THIRD READING
SB 1387 (Emmerson)
As Amended June 27, 2012
Majority vote
SENATE VOTE :37-0
BUSINESS & PROFESSIONS 9-0 PUBLIC SAFETY 6-0
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|Ayes:|Hayashi, Bill Berryhill, |Ayes:|Ammiano, Knight, Cedillo, |
| |Allen, Butler, Eng, | |Hagman, Mitchell, Skinner |
| |Hagman, Hill, Ma, Smyth | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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APPROPRIATIONS 16-1
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|Ayes:|Fuentes, Harkey, | | |
| |Blumenfield, Bradford, | | |
| |Charles Calderon, Campos, | | |
| |Davis, Gatto, Hall, Hill, | | |
| |Lara, Mitchell, Nielsen, | | |
| |Norby, Solorio, Wagner | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Donnelly | | |
| | | | |
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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.
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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 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)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.
5)Defines "agency" to mean a public agency, city, county, city and
county, special district or private utility regulated by the
Public Utilities Commission.
6)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.
7)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.
8)Adds finding and declarations.
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
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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 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)
SB 1387
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319-3301 FN:
0004715