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AB-2572 Water meters.(2003-2004)

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AB2572:v91#DOCUMENT

Assembly Bill No. 2572
CHAPTER 884

An act to amend Section 521 of, to amend and renumber Sections 110 and 111 of, to add Sections 527, 528, 529, and 529.5 to, and to add the heading of Article 3.5 (commencing with Section 525) to Chapter 8 of Division 1 of, the Water Code, relating to water.

[ Filed with Secretary of State  September 29, 2004. Approved by Governor  September 29, 2004. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2572, Kehoe. Water meters.
Existing law generally requires the installation of a water meter as a condition of water service provided pursuant to a connection installed on or after January 1, 1992. Existing law declares that the state goal for measurement of water use is the achievement, on or before January 1, 1992, of the installation of water meters on all new water service connections after that date to systems owned or operated by a water purveyor.
This bill, with certain exceptions, would require an urban water supplier, as defined, on or before January 1, 2025, to install water meters on all municipal and industrial water service connections that are located in its service area.
The bill would require an urban water supplier, beginning on or before January 1, 2010, but subject to certain exceptions, to charge each customer that has a service connection for which a water meter has been installed, based on the actual volume of deliveries, as measured by a water meter.
The bill would require a water purveyor that becomes an urban water supplier on or after January 1, 2005, to install water meters on all municipal and industrial water service connections within 10 years of becoming an urban water supplier, and, with a certain exception, to charge each customer for which a meter has been installed, based on the actual volume of water delivered, as measured by the water meter, within 5 years of becoming an urban water supplier.
The bill would provide that these provisions supersede and preempt all enactments, including charter provisions and amendments thereto, and other local action of cities and counties, including charter cities and charter counties, and other local public agencies that conflict with these provisions, other than enactments or local action that impose additional or more stringent requirements regarding matters set forth in the bill.
The bill, on and after January 1, 2010, would require an urban water supplier that applies for financial assistance from the state for a wastewater treatment project, drinking water treatment project, or water use efficiency project, or a permit for a new or expanded water supply, to demonstrate that the applicant meets certain requirements.
The bill would authorize a water purveyor, including an urban water supplier, to recover the cost of providing services related to the purchase, installation, and operation of a water meter from rates, fees, or charges.

The people of the State of California do enact as follows:


SECTION 1.

 Section 110 of the Water Code is amended and renumbered to read:

525.
 (a) Notwithstanding any other provision of law, every water purveyor who sells, leases, rents, furnishes, or delivers water service to any person shall require, as a condition of new water service on and after January 1, 1992, that a suitable water meter to measure the water service shall be installed on the water service facilities in accordance with this chapter. The cost of installation of the meter shall be paid by the user of the water, and any water purveyor may impose and collect charges for those costs.
(b) Subdivision (a) applies only to potable water.
(c) Subdivision (a) does not apply to a community water system which serves less than 15 service connections used by yearlong residents or regularly serves less than 25 yearlong residents, or a single well which services the water supply of a single-family residential home.

SEC. 2.

 Section 111 of the Water Code is amended and renumbered to read:

526.
 (a) Notwithstanding any other provision of law, an urban water supplier that, on or after January 1, 2004, receives water from the federal Central Valley Project under a water service contract or subcontract executed pursuant to Section 485h(c) of Title 43 of the United States Code with the Bureau of Reclamation of the United States Department of the Interior shall do both of the following:
(1) On or before January 1, 2013, install water meters on all service connections to residential and nonagricultural commercial buildings constructed prior to January 1, 1992, located within its service area.
(2) On and after March 1, 2013, or according to the terms of the Central Valley Project water contract in operation, charge customers for water based on the actual volume of deliveries, as measured by a water meter.
(b) An urban water supplier that receives water from the federal Central Valley Project under a water service contract or subcontract described in subdivision (a) may recover the cost of providing services related to the purchase, installation, and operation and maintenance of water meters from rates, fees, or charges.

SEC. 3.

 Section 521 of the Water Code is amended to read:

521.
 The Legislature further finds and declares all of the following:
(a) Water furnished or used without any method of determination of the quantities of water used by the person to whom the water is furnished has caused, and will continue to cause, waste and unreasonable use of water, and that this waste and unreasonable use should be identified, isolated, and eliminated.
(b) Water metering and volumetric pricing are among the most efficient conservation tools, providing information on how much water is being used and pricing to encourage conservation.
(c) Without water meters, it is impossible for homeowners and businesses to know how much water they are using, thereby inhibiting conservation, punishing those who conserve, and rewarding those who waste water.
(d) Existing law requires the installation of a water meter as a condition of water service provided pursuant to a connection installed on or after January 1, 1992, but the continuing widespread absence of water meters and the lack of volumetric pricing could result in the inefficient use of water for municipal and industrial uses.
(e) The benefits to be gained from metering infrastructure are not recovered if urban water suppliers do not use this infrastructure.
(f) This chapter addresses a subject matter of statewide concern. It is the intent of the Legislature that this chapter supersede and preempt all enactments and other local action of cities and counties, including charter cities and charter counties, and other local public agencies that conflict with this chapter, other than enactments or local action that impose additional or more stringent requirements regarding matters set forth in this chapter.
(g) An urban water supplier should take any available necessary step consistent with state law to ensure that the implementation of this chapter does not place an unreasonable burden on low-income families.

SEC. 4.

 The heading of Article 3.5 (commencing with Section 525) is added to Chapter 8 of Division 1 of the Water Code, to read:
Article  3.5. Metered Service

SEC. 5.

 Section 527 is added to the Water Code, to read:

527.
 (a) An urban water supplier that is not subject to Section 526 shall do both the following:
(1)  Install water meters on all municipal and industrial service connections located within its service area on or before January 1, 2025.
(2) (A) Charge each customer that has a service connection for which a water meter has been installed, based on the actual volume of deliveries, as measured by the water meter, beginning on or before January 1, 2010.
(B) Notwithstanding subparagraph (A), in order to provide customers with experience in volume-based water service charges, an urban water supplier that is subject to this subdivision may delay, for one annual seasonal cycle of water use, the use of meter-based charges for service connections that are being converted from nonvolume-based billing to volume-based billing.
(b)  A water purveyor, including an urban water supplier, may recover the cost of providing services related to the purchase, installation, and operation of a water meter from rates, fees, or charges.

SEC. 6.

 Section 528 is added to the Water Code, to read:

528.
 Notwithstanding Sections 526 and 527, any water purveyor that becomes an urban water supplier on or after January 1, 2005, shall do both the following:
(a)Install water meters on all municipal and industrial service connections located within its service area within 10 years of meeting the definition of urban water supplier.
(b)(1) Charge each customer for which a water meter has been installed, based on the actual volume of water delivered, as measured by the water meter, within five years of meeting the definition of urban water supplier.
(2) Notwithstanding paragraph (1), in order to provide customers with experience in volume-based water service charges, an urban water supplier that is subject to this subdivision may delay, for one annual seasonal cycle of water use, the use of meter-based charges for service connections that are being converted from nonvolume-based billing to volume-based billing.
(c) For the purposes of this article, an “urban water supplier” has the same meaning as that set forth in Section 10617.

SEC. 7.

 Section 529 is added to the Water Code, to read:

529.
 (a) This article addresses a subject matter of statewide concern.
(b) Subject to subdivision (c), this article supersedes and preempts all enactments, including charter provisions and amendments thereto, and other local action of cities and counties, including charter cities and charter counties, and other local public agencies that conflict with this article.
(c) This article does not supersede or preempt any enactment or other local action that imposes additional or more stringent requirements regarding matters set forth in this article.

SEC. 8.

 Section 529.5 is added to the Water Code, to read:

529.5.
 On and after January 1, 2010, any urban water supplier that applies for financial assistance from the state for a wastewater treatment project, a water use efficiency project, or a drinking water treatment project, or for a permit for a new or expanded water supply, shall demonstrate that the applicant meets the requirements of this article.