Bill Text: CA SB744 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: SB 744	AMENDED
	BILL TEXT

	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, as amended, 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,  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   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 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   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 require
manufacturers of submeters to notify the county sealer of water
submeters at the time a meter is 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, 2015, and would state that the repeal of these provisions renders
the provisions subject to review by the appropriate policy committees
of the Legislature.
   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.  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 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  Standards
and  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.
   13855.  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. 
   13856.  (a) Manufacturers of water submeters shall notify the
county sealer of water submeters at the time a meter is installed or
otherwise placed in service.
   (b) Notwithstanding Section 12026, a violation of this section
shall only be punishable pursuant to Section 12015.3. 
   13859.  (a) This chapter shall remain in effect only until January
1, 2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, 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.