Bill Text: CA SB744 | 2011-2012 | Regular Session | Enrolled
Bill Title: Water submeters: testing.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2012-09-25 - In Senate. Consideration of Governor's veto pending. [SB744 Detail]
Download: California-2011-SB744-Enrolled.html
BILL NUMBER: SB 744 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 30, 2012
PASSED THE ASSEMBLY AUGUST 23, 2012
AMENDED IN ASSEMBLY AUGUST 21, 2012
AMENDED IN ASSEMBLY JULY 13, 2011
AMENDED IN ASSEMBLY JUNE 27, 2011
AMENDED IN SENATE MAY 3, 2011
AMENDED IN SENATE MARCH 21, 2011
INTRODUCED BY Senator Wyland
FEBRUARY 18, 2011
An act to amend Section 12531 of, and to add and repeal Chapter 17
(commencing with Section 13850) of Division 5 of, the Business and
Professions Code, relating to water submeters.
LEGISLATIVE COUNSEL'S DIGEST
SB 744, Wyland. Water submeters: testing.
(1) Existing law requires that a person who uses, or intends to
use, any weight or measure, or weighing or measuring instrument for
commercial purposes, 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, whose activities
are designed to ensure, among other things, the accuracy of
commercial weighing and measuring devices.
This bill would provide that 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 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 Measurement Standards.
(2) 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 provide that for the purposes of any applicable
law or regulation relating to the placing of a water submeter in
service, including, but not limited to, the above provisions, no
water submeter shall be considered to have been put into service
prior to its installation if the water submeter is to be used in a
multiunit residential structure. The bill would provide that any
person installing or possessing a water submeter that complies with
these provisions would not be guilty of a misdemeanor unless there is
a knowing and willful intent to use an incorrect or inaccurate water
submeter. The bill would authorize a county sealer to test a water
submeter, as provided, and would require an incorrect water submeter
to be replaced with a compliant one within a reasonable period of
time if one is available. The bill would require manufacturers of
submeters, or the licensed service agent responsible for the
installation of water submeters, to notify the county sealer of the
date water submeters are installed or otherwise placed in service and
would provide that a failure to do so shall only be punishable by a
civil penalty of not more than $1,000, as provided. The bill would
also make related conforming changes.
This bill would make the above provisions operative until January
1, 2016, and would state that the repeal of these provisions renders
the provisions subject to review by the appropriate policy committees
of the Legislature.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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, except as described in Section
13855, 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.
(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. 2. 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 equipment that is
regularly calibrated by tests that are directly traceable to
standards promulgated by the National Institute of Standards and
Technology 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 Standards and
Technology Handbook 44.
(2) The submeter is otherwise a type approved by the Division of
Measurement Standards.
(3) The identity of the entity that performed the test and 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 water
submeters by the Division of Measurement Standards that are
consistent with this section. A public entity, as defined in Section
811.2 of the Government Code, may adopt and enforce an ordinance,
rule, regulation, or policy that is in furtherance of, and consistent
with, this section.
13855. (a) For purposes of any applicable law or regulation
relating to the placing of a water submeter in service, including,
but not limited to, subdivision (d) of Section 12531 and Section 4085
of Title 4 of the California Code of Regulations, no water submeter
shall be considered to have been put into service prior to its
installation if the water submeter is to be used in a multiunit
residential structure.
(b) For purposes of this division, any person installing or
possessing a water submeter that complies with the requirements of
this division shall not be guilty of a misdemeanor unless there is a
knowing and willful intent to use a water submeter that is incorrect
or inaccurate as defined in subdivision (d) of Section 12500.
(c) A county sealer may test a water submeter at the request of
the owner of a water submeter, to investigate a request made pursuant
to Section 12503, or periodically at the discretion of the sealer.
If a county sealer determines that the water submeter may be
incorrect the owner of the water submeter shall do both of the
following:
(1) Replace the water submeter with one that complies with the
provisions of subdivision (a) of Section 13850 within a reasonable
period of time if one is available.
(2) Notify the tenant in writing, within a reasonable period of
time, not to exceed 21 days, of the date that the water submeter was
removed and replaced.
(d) An owner of a water submeter that has complied with
subdivision (c) shall not be liable for any penalty or fines pursuant
to this division.
13856. (a) Manufacturers of water submeters, or the licensed
service agent responsible for the installation of water submeters,
shall notify the county sealer of the date water submeters are
installed or otherwise placed in service.
(b) A violation of this section shall only be punishable pursuant
to the civil penalty provisions of Section 12015.3.
13859. (a) This chapter shall remain in effect only until January
1, 2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
(b) Notwithstanding any other provision of law, the repeal of this
chapter renders the chapter subject to review by the appropriate
policy committees of the Legislature.
