California 2011-2012 Regular Session Status: To Executive

SB 744 — Water submeters: testing.

Last action — In Senate. Consideration of Governor's veto pending.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(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.

Bill Text

Action History

  1. In Senate. Consideration of Governor's veto pending.

  2. Vetoed by the Governor.

  3. Enrolled and presented to the Governor at 9:45 a.m.

  4. Assembly amendments concurred in. (Ayes 30. Noes 8. Page 5033.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 43. Noes 27. Page 6216.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended. (Page 6052.)

  9. Ordered to third reading.

  10. From inactive file.

  11. Notice of intention to remove from inactive file given by Assembly Member Charles Calderon.

  12. Ordered to inactive file on request of Assembly Member Charles Calderon.

  13. Read second time. Ordered to third reading.

  14. From committee: Do pass. (Ayes 16. Noes 0.) (August 17).

  15. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  16. Read second time and amended. Re-referred to Com. on APPR.

  17. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 21).

  18. Referred to Com. on B., P. & C.P.

  19. In Assembly. Read first time. Held at Desk.

  20. Read third time. Passed. (Ayes 28. Noes 8. Page 1175.) Ordered to the Assembly.

  21. Read second time. Ordered to third reading.

  22. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  23. Set for hearing May 16.

  24. Read second time and amended. Re-referred to Com. on APPR.

  25. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0. Page 737.) (April 25).

  26. Set for hearing April 25.

  27. Set, first hearing. Hearing canceled at the request of author.

  28. Set for hearing April 11.

  29. From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E.D.

  30. Referred to Com. on B., P. & E.D.

  31. From printer. May be acted upon on or after March 21.

  32. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Wyland · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 3 voted No

Sponsors (1)

  • Wyland

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB744 Wyland Concurrence

Passed 30 Yea · 8 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 27802
Republican 1000
Democratic 2000
Total 30802
% of votes cast 75%20%0%5%
How each member voted (40)
Member Party Vote
Yee — Nay
Wyland — Yea
Cannella — Yea
Lowenthal — Yea
Corbett — Nay
De León — Yea
Fuller — Yea
Negrete McLeod — Yea
Correa — Yea
Rubio — Nay
Runner — Not Voting
Hancock — Nay
DeSaulnier — Yea
Anderson — Yea
Dutton — Yea
Harman — Yea
Hernandez — Yea
Huff — Yea
Kehoe — Yea
Leno — Nay
Lieu — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wolk — Nay
Alquist — Yea
Blakeslee — Yea
Liu — Nay
Pavley — Not Voting
Vargas — Yea
Wright — Yea
Emmerson — Yea
Evans — Nay
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 744 Wyland Senate Third Reading By GATTO

Passed 43 Yea · 27 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 4126010
Republican 1100
Democratic 1000
Total 4327010
% of votes cast 54%34%0%13%
How each member voted (80)
Member Party Vote
Gordon — Nay
Gorell — Yea
Feuer — Nay
Galgiani — Yea
Garrick — Yea
John A. Pérez — Yea
Fletcher — Yea
Gatto — Yea
Atkins — Yea
Butler — Nay
Hagman — Yea
Hall — Yea
Hayashi — Yea
Fong — Nay
Campos — Yea
Carter — Nay
Allen — Nay
Hill — Yea
Cedillo — Yea
Portantino — Nay
Bonilla — Nay
Conway — Nay
Donnelly — Yea
Achadjian — Nay
Ammiano — Nay
Block — Yea
Hueso — Nay
Huffman — Nay
Knight — Yea
Lara — Yea
Mendoza — Yea
Miller — Yea
Monning — Nay
Morrell — Yea
Nestande — Yea
Nielsen — Nay
Olsen — Yea
Pan — Nay
Silva — Yea
Smyth — Yea
Swanson — Nay
Torres — Yea
Wagner — Yea
Wieckowski — Nay
Mitchell — Not Voting
Halderman — Not Voting
Chesbro — Not Voting
Beall — Not Voting
Cook — Not Voting
Alejo — Nay
Blumenfield — Yea
Bradford — Yea
Brownley — Nay
Buchanan — Yea
Harkey — Yea
Huber — Yea
Jeffries — Yea
Logue — Nay
Ma — Yea
Mansoor — Yea
Norby — Yea
Perea — Yea
Skinner — Not Voting
Solorio — Yea
Valadao — Nay
Williams — Nay
Eng — Yea
Davis — Not Voting
Dickinson — Not Voting
Fuentes — Yea
Furutani — Not Voting
Yamada — Nay
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Nay
Roger Hernández — Not Voting
V. Manuel Pérez — Nay
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 15001
Democratic 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Hall — Yea
Fuentes — Yea
Harkey — Yea
Campos — Yea
Davis — Yea
Donnelly — Yea
Nielsen — Yea
Norby — Yea
Mitchell — Yea
Lara — Not Voting
Solorio — Yea
Blumenfield — Yea
Bradford — Yea
Hill — Yea
Wagner — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

3rd Reading

Passed 28 Yea · 8 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 25804
Republican 1000
Democratic 2000
Total 28804
% of votes cast 70%20%0%10%
How each member voted (40)
Member Party Vote
Hancock — Nay
Wyland — Yea
Yee — Yea
Fuller — Yea
Corbett — Nay
Correa — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Dutton — Yea
Harman — Yea
Anderson — Yea
Blakeslee — Yea
Kehoe — Yea
Leno — Nay
Price — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Wolk — Nay
Wright — Yea
Rubio — Not Voting
Cannella — Not Voting
Liu — Nay
Alquist — Yea
Hernandez — Yea
Huff — Yea
Lieu — Yea
Pavley — Nay
Walters — Yea
Emmerson — Yea
Evans — Nay
DeSaulnier — Nay
Beth Gaines — Yea
Bill Berryhill — Not Voting
La Malfa — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

public-safety environment labor
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Frequently asked questions

What does SB 744 do?
(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.
Who sponsors SB 744?
SB 744 is sponsored by Wyland.
What is the current status of SB 744?
This bill died with 2011-2012 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 744?
Track SB 744 free on One Click Politics — get push/email alerts when it moves.

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