Code Section Group

Water Code - WAT

DIVISION 1. GENERAL STATE POWERS OVER WATER [100 - 540]

  ( Division 1 enacted by Stats. 1943, Ch. 368. )

CHAPTER 8. Water Measurement [500 - 537.5]

  ( Chapter 8 added by Stats. 1991, Ch. 407, Sec. 2. )

ARTICLE 5. Multiunit Structures [537 - 537.5]
  ( Article 5 added by Stats. 2016, Ch. 623, Sec. 5. )

537.
  

(a) The structures in all of the following categories shall be exempt from this article:

(1) Low-income housing. For purposes of this paragraph, “low-income housing” means a residential building financed with low-income housing tax credits, tax-exempt mortgage revenue bonds, general obligation bonds, or local, state, or federal loans or grants, for which the rents of the occupants in lower income households, as defined in Section 50079.5 of the Health and Safety Code, do not exceed rents prescribed by deed restrictions or regulatory agreements pursuant to the terms of the financing or financial assistance, and for which not less than 90 percent of the dwelling units within the building are designated for occupancy by lower income households, as defined in Section 50079.5 of the Health and Safety Code.

(2) Housing at a place of education, as defined in Section 202 of the California Building Standards Code (Title 24 of the California Code of Regulations).

(3) Long-term health care facilities, as defined in Section 1418 of the Health and Safety Code.

(4) Time-share property, as defined in subdivision (aa) of Section 11212 of the Business and Professions Code.

(5) Residential care facilities for the elderly, as defined in Section 1569.2 of the Health and Safety Code.

(b) A submeter used to measure water supplied to an individual residential unit that is required pursuant to this chapter shall be of a type approved pursuant to Section 12500.5 of the Business and Professions Code, and shall be installed and operated in compliance with regulations established pursuant to Section 12107 of the Business and Professions Code.

(Added by Stats. 2016, Ch. 623, Sec. 5. (SB 7) Effective January 1, 2017. Section operative January 1, 2018, pursuant to Section 537.5.)

537.1.
  

(a) Each water purveyor that sells, leases, rents, furnishes, or delivers water service to a newly constructed multiunit residential structure or newly constructed mixed-use residential and commercial structure for which an application for a water connection, or more than one connection, is submitted after January 1, 2018, shall require a measurement of the quantity of water supplied to each individual residential dwelling unit as a condition of new water service. The measurement may be by individual water meters or submeters.

(b) Unless the water purveyor or local government is operating under an ordinance or regulation requiring individual metering, the owner shall be required to install and read submeters, unless the water purveyor agrees to install and read individual meters.

(c) (1) The owner of the structure shall install submeters that comply with all laws and regulations governing the approval of submeter types or the installation, maintenance, reading, billing, and testing of submeters, including, but not limited to, the California Plumbing Code.

(2) This subdivision does not require a water purveyor to fund or assume responsibility for ensuring compliance with any law or regulation governing the approval of submeter types or the installation, maintenance, reading, billing, and testing of submeters and associated onsite plumbing.

(3) Installation of submeters shall be performed by one of the following:

(A) A contractor licensed by the Contractors’ State License Board who employs at least one journey person who has graduated from a state-approved apprenticeship program.

(B) A registered service agency that has registered with the Department of Food and Agriculture.

(d) A water purveyor shall not impose an additional capacity or connection fee or charge for a submeter that is installed by the owner, or his or her agent.

(e) This section shall remain operative until the date on which the California Building Standards Commission includes standards in the California Building Standards Code that conform to this article.

(Added by Stats. 2016, Ch. 623, Sec. 5. (SB 7) Effective January 1, 2017. Section operative January 1, 2018, pursuant to Section 537.5. Inoperative on date prescribed by its own provisions.)

537.2.
  

(a) A final occupancy permit for a building shall not be denied by a local building official if water submeters or meters have not been installed for each residential unit as required by this chapter if the building owner can demonstrate either of the following:

(1) Water submeters have been ordered and were delayed by the manufacturer.

(2) Water submeters for the building were submitted to a county sealer and are awaiting approval for use.

(b) After issuance of the occupancy permit, the owner shall demonstrate that the submeters are installed in the building within 120 days of approval by the county sealer.

(Added by Stats. 2016, Ch. 623, Sec. 5. (SB 7) Effective January 1, 2017. Section operative January 1, 2018, pursuant to Section 537.5.)

537.3.
  

(a) This article does not preclude or preempt an ordinance or regulation that regulates the approval of submeter types or the installation, maintenance, reading, billing, or testing of submeters and associated onsite plumbing if the ordinance or regulation was adopted prior to January 1, 2013.

(b) It is the intent of the Legislature to preclude the adoption, and preempt the operation, of an ordinance or regulation adopted after January 1, 2013, that regulates the types of approved submeters, their installation, maintenance, reading, billing, and testing, and associated onsite plumbing.

(c) This article does not restrict the existing authority of a water purveyor, city, county, city and county, or other local agency to adopt and implement a program to promote water conservation that includes the installation of water meters and submeters, as required pursuant to subdivision (a) of Section 537.1, if the program is at least as stringent as the requirements of this article.

(Added by Stats. 2016, Ch. 623, Sec. 5. (SB 7) Effective January 1, 2017. Section operative January 1, 2018, pursuant to Section 537.5.)

537.4.
  

It is the intent of the Legislature that this article should not be construed to impose costs on any local government agency, except to the extent that the local government agency is a water purveyor.

(Added by Stats. 2016, Ch. 623, Sec. 5. (SB 7) Effective January 1, 2017. Section operative January 1, 2018, pursuant to Section 537.5.)

537.5.
  

This article shall become operative on January 1, 2018.

(Added by Stats. 2016, Ch. 623, Sec. 5. (SB 7) Effective January 1, 2017. Note: Delayed operative applies to Article 5, commencing with Section 537.)

WATWater Code - WAT5