Today's Law As Amended

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SB-744 Water submeters: testing.(2011-2012)

As Amends the Law Today


 Section 12531 of the Business and Professions Code is amended to read:

 As used in this chapter, the following definitions are applicable:
(a) “Service agency” means a 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 a any  person employed by a service agency to repair a commercial device.
(c) “Device” means a 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, purposes  as defined in subdivision (e) of Section 12500.
(d) “Placed in service” means  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. 12500.5, or to submit a device to a sealer for verification prior to installation. 
(e) “Correct” means a 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
 (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.
 (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.
 (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.
 (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.