BILL ANALYSIS �
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
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|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 |
| | | | |
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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.
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
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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.
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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
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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