AB 2451 — Weights and measures: water submeters.

Summary

(1) Existing law requires the sealer of a county to inspect and test weighing and measuring devices, as specified, that are used or sold for commercial purposes in the county. Existing law, until January 1, 2016, authorizes the county board of supervisors to charge fees to recover the costs of the county sealer to perform these duties. For marinas, mobilehome parks, recreational vehicle parks, and apartment complexes, where the owner is responsible for the utility meters, existing law prohibits the device fee for water submeters from exceeding $2 per device per space or apartment. This bill would require a county sealer who possesses the appropriate equipment for performing tests on water submeters to inspect, test, and certify to the accuracy of a water submeter, upon request of the owner, user, or operator of the water submeter, if any of specified conditions exist. By placing additional duties on local officials, this bill would impose a state-mandated local program. The bill would permit the board of supervisors of the county to authorize the sealer to establish a schedule of fees to cover the costs of performing those services. This bill would authorize, upon written request of the owner, user, or operator, a water submeter that has been inspected, tested, and sealed by a sealer in one county to be installed in another county if certain conditions are met, including that the sealer of the county in which the water submeter is to be installed does not have reason to believe that the water submeter has been tampered with, damaged, or otherwise rendered inoperable since its inspection, testing, and sealing. (2) Existing law requires a sealer to seize and condemn, and authorizes the sealer to destroy, incorrect weights and measures and weighing and measuring instruments used for commercial purposes that are not susceptible of repair. Existing law requires a sealer to mark incorrect devices, that are susceptible of repair, with a tag or other device with the words "Out of order." For these purposes, existing law defines "incorrect" as any instrument that fails to meet prescribed tolerances and specifications and other technical requirements for commercial weighing and measuring. This bill would require a water submeter, that has been tested and found to be incorrect before its initial installation, to be marked with the words "Out of order" and to be returned to a service agent only if certain conditions are met. Because the bill would impose additional duties on county sealers and because a violation of this provision would be a crime, this bill would impose a state-mandated local program. The bill would further specify that an owner, user, or operator of a water submeter that has previously been sealed, installed, and used commercially who submits the water submeter to a sealer for inspection and testing shall not be subject to criminal prosecution or liable for fines or other penalties for a violation of specified provisions regulating weights and measures if the device is found to be incorrect, if prescribed conditions apply. (3) 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 limit the term "placed in service" to mean to permit the use of a device that has been tested and found to be correct, as specified, and type approved, as provided. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for specified reasons. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

• Chaptered 09/25/14 - Chaptered Current pdf September 25, 2014
• Enrolled 08/21/14 - Enrolled pdf August 21, 2014
• Amended 08/13/14 - Amended Senate pdf August 13, 2014
• Amended 06/10/14 - Amended Senate pdf June 10, 2014
• Amended 05/08/14 - Amended Assembly pdf May 08, 2014
• Amended 04/10/14 - Amended Assembly pdf April 10, 2014
• Introduced 02/21/14 - Introduced pdf February 21, 2014
• AB2451 View text html

Action History

1. September 25, 2014

   Chaptered by Secretary of State - Chapter 539, Statutes of 2014.

2. September 25, 2014

   Approved by the Governor.

3. September 04, 2014

   Enrolled and presented to the Governor at 4 p.m.

4. August 19, 2014

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 6186.).

5. August 19, 2014

   Assembly Rule 77 suspended. (Page 6181.)

6. August 18, 2014

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 20 pursuant to Assembly Rule 77.

7. August 18, 2014

   Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 4561.).

8. August 14, 2014

   Read second time. Ordered to third reading.

9. August 13, 2014

   Read third time and amended. Ordered to second reading.

10. July 01, 2014

    Read second time. Ordered to third reading.

11. June 30, 2014

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

12. June 17, 2014

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 16). Re-referred to Com. on APPR.

13. June 10, 2014

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D.

14. June 05, 2014

    In committee: Hearing postponed by committee.

15. May 22, 2014

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

16. May 15, 2014

    In Senate. Read first time. To Com. on RLS. for assignment.

17. May 15, 2014

    Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 4973.)

18. May 12, 2014

    Read second time. Ordered to consent calendar.

19. May 08, 2014

    Read second time and amended. Ordered to second reading.

20. May 07, 2014

    From committee: Do pass as amended. To consent calendar. (Ayes 17. Noes 0.) (May 7).

21. April 24, 2014

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 23). Re-referred to Com. on APPR.

22. April 21, 2014

    Re-referred to Com. on L. GOV.

23. April 10, 2014

    From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.

24. March 25, 2014

    In committee: Set, first hearing. Hearing canceled at the request of author.

25. March 10, 2014

    Referred to Com. on L. GOV.

26. February 24, 2014

    Read first time.

27. February 23, 2014

    From printer. May be heard in committee March 25.

28. February 21, 2014

    Introduced. To print.

Sponsors

• Daly · Primary

Votes

Subjects