Bill Text: CA SB7 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Housing: water meters: multiunit structures.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2016-09-25 - Chaptered by Secretary of State. Chapter 623, Statutes of 2016. [SB7 Detail]

Download: California-2015-SB7-Amended.html

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BILL NUMBER: SB 7	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 18, 2015

INTRODUCED BY   Senator Wolk
   (Coauthor: Assembly Member Williams)

                        DECEMBER 1, 2014

   An act to add Chapter 2.5 (commencing with Section 1954.201) to
Title 5 of Part 4 of Division 3 of the Civil Code, to add Section
17922.14 to the Health and Safety Code, and to add Section 517 to the
Water Code, relating to housing.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 7, as amended, Wolk. Housing: water meters: multiunit
structures.
   (1) Existing law generally regulates the hiring of dwelling units
and, among other things, imposes certain requirements on landlords
and tenants. Among these requirements, existing law requires
landlords to provide tenants with certain notices or disclosures
pertaining to, among other things, pest control and gas meters.
   This bill would express the intent of the Legislature to encourage
the conservation of water in multifamily residential rental
buildings through means either within the landlord's or the tenant's
control, and to ensure that the practices involving the submetering
of dwelling units for water service are just and reasonable, and
include appropriate safeguards for both tenants and landlords.
   This bill would define the term "submeter" for these purposes.
   (2) The California Building Standards Law provides for the
adoption of building standards by state agencies by requiring all
state agencies that adopt or propose adoption of any building
standard to submit the building standard to the California Building
Standards Commission for approval and adoption. Existing law creates
the Building Standards Administration Special Revolving Fund and
requires that funds deposited into the fund be expended, upon
appropriation by the Legislature, to carry out specified provisions
of law that relate to building standards, with emphasis placed on
certain activities relating to green building standards.
   This bill would authorize the Department of Housing and Community
Development to develop and propose for adoption by the commission
building standards that require the installation of water submeters
in multiunit residential buildings, as specified.  The bill would
exe   mpt specified categories of structures from these
building standards.  This bill would provide that moneys in the
fund are available to the department, upon appropriation, for
administrative costs associated with the development of building
standards that require the installation of water submeters in
multiunit residential buildings.
   (3) The Water Measurement Law requires every water purveyor to
require, as a condition of new water service on and after January 1,
1992, the installation of a water meter to measure water service.
That law also requires urban water suppliers to install water meters
on specified service connections, and to charge water users based on
the actual volume of deliveries as measured by those water meters in
accordance with a certain timetable.
   This bill would define the term "submeter" for purposes of that
law.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 2.5 (commencing with Section 1954.201) is added
to Title 5 of Part 4 of Division 3 of the Civil Code, to read:
      CHAPTER 2.5.  WATER SERVICE


   1954.201.  It is the intent of the Legislature in enacting this
chapter to do both of the following:
   (a) To encourage the conservation of water in multifamily
residential rental buildings through means either within the landlord'
s or the tenant's control.
   (b) To ensure that the practices involving the submetering of
dwelling units for water service are just and reasonable, and include
appropriate safeguards for both tenants and landlords.
   1954.202.  "Submeter" means a device that measures water
consumption of an individual rental unit within a multiunit
residential structure or mixed-use residential and commercial
structure, and that is owned and operated by the owner of the
structure or the owner's agent.  As used in this section,
"multiunit residential structure" and   "mixed-use
residential and commercial structure" mean real property containing
two or more dwelling units. 
  SEC. 2.  Section 17922.14 is added to the Health and Safety Code,
to read:
   17922.14.  (a) During the next regularly scheduled triennial code
cycle that commences on or after January 1, 2016, or during a
subsequent code adoption cycle, the department may develop and
propose for adoption by the California Building Standards Commission,
pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5,
building standards requiring the installation of water 
submeters, as that term is defined by Section 517 of the Water Code,
  submeters  in multiunit residential 
buildings.   structures, as those terms are defined in
Section 517 of the Water Code. 
   (b)  (1)    The department shall determine
whether and under what circumstances the installation of water
submeters  are   is  infeasible and include
in the building standards proposed in subdivision (a) the
appropriate provision for exemption from this requirement. The
department may consider whether there are any issues specific to
high-rise multifamily buildings that would require an exemption from
the requirement for the installation of water submeters. 
   (2) The following categories of structures shall be exempt from
the building standards established pursuant to subdivision (a): 

   (A) Long-term health care facilities, as defined in Section 1418
of the Health and Safety Code.  
   (B) Low-income housing. For the purposes of this subparagraph,
"low-income housing" means a residential building that is financed
with low-income housing tax credits, tax-exempt mortgage revenue
bonds, general obligation bonds, or federal, state, or local loans or
grants, for which rents charged to lower income households, do not
exceed rents prescribed by deed restrictions or regulatory agreements
pursuant to the terms of the financing or financial assistance, and
for which not less than 90 percent of the dwelling units within the
building are designated for occupancy by lower income households. As
used in this subparagraph, "lower income households" has the same
meaning as defined in Section 50079.5 of the Health and Safety Code.
 
   (C) Residential care facilities for the elderly, as defined in
subdivision (k) of Section 1569.2 of the Health and Safety Code.
 
   (D) Student dormitories.  
   (E) Time-share property, as defined in subdivision (aa) of Section
11212 of the Business and Professions Code. 
   (c) Moneys in the Building Standards Administration Special
Revolving Fund established pursuant to Section 18931.7 shall be
available, upon appropriation by the Legislature, for the department'
s administrative costs associated with the development of building
standards in accordance with this section.
  SEC. 3.  Section 517 is added to the Water Code, to read:
   517.  "Submeter" means a device that measures water consumption of
an individual rental unit within a multiunit residential structure
or mixed-use residential and commercial structure, and that is owned
and operated by the owner of the structure or the owner's agent. 
As used in this section, "multiunit residential structure" and 
 "mixed-use residential and commercial structure" mean real
property containing two or more dwelling units.