Weights and measures: water submeters.

(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.