HomeMy WebLinkAboutAgenda Report - March 1, 1995 (81)OF
CITY OF LODE COUNCIL COMMUNICATION
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AGENDA TITLE: Development of "Local Rule" for Water Measurement Law, Senate Bill 229 (1992)
MEETING DATE: March 1, 1995
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council adopt the attached resolution establishing a "Local
Rule" which would allow the City of Lodi to continue to collect fees on
new water services for water meters and installation but make the
installation in the future.
BACKGROUND INFORMATION: In the fall of 1991, the attached Senate Bill 229 was signed into law
by the Governor and took effect January 1, 1992. The law reads,
in part, "... 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 ...". The bill further states, " 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." However, Senate Bill 229 does not require the water purveyor to read
the water meter(s), only to install. Staff has had difficulty dealing with this provision.
In January 1992, the City began collecting funds for water meters and their installation for all new water
services. Residential improvement projects that exceed $27,400, triggering Public Works off-site
improvement requirements, are also required to pay for a meter, its installation, and the upgrade of the
existing water service to City standards.
To date, the City has collected funds to purchase and install 470 residential water meters on new water
services; however, none of these residential meters have been installed. Meters are installed on all new
commercial and industrial services. These meters are read and billing is based on metered rate.
During the summer of 1994, Water Utility staff, somewhat uneasy with non-compliance of Senate Bill
229, initiated inquiries into what other unmetered communities were doing. Staff learned that those
communities contacted were installing the meters as required by law, but many were not reading the
meters or billing based on a metered rate.
In the fall of 1994, we contacted John Kramer, a staff attorney with the California Department of Water
Resources (DWR). This State agency has an overview of Senate Bill 229. Staff explained to DWR's
attorney that, since the January 1, 1992 enactment of SB229, Lodi had been collecting fees for water
meters and their installation for new residential services and for remodel projects exceeding $27,400.
However, we explained we had not yet installed any of these meters for the reasons that follow:
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APPROVED: L
THOMAS A. PETERSON recycled paper
City Manager
JA WW1COUNCL01.DOC 2122195 cc -1
Development of "Local Rule" for Water Measurement Law, Senate Bill 229 (1992)
March 1, 1995
Page 2
• SB229 did not require meter to be read.
• SB229 did not require billing to be based on a metered rate.
• If meters were installed, we would experience unnecessary wear which would shorten the life of
these expensive meters.
• The City had not yet developed a metered rate for residential users. This would be developed with
the City's next water rate increase. These new rates would warrant the meter installation, their
reading and billing based on meter readings.
• The collected funds were placed in a dedicated account for purchasing and installing the required
meters. The water fund accrued interest which can be used to offset any inflationary cost.
The DWR attorney confirmed that the law did not require that the meter be read and that our reasons for
not installing the water meters were very logical and had merit. He indicated he wanted to research to
see if we were actually breaking the intent of the law.
Within a few days, the DWR attorney contacted us and stated that Section 110 (SB229) of the Water
Code was very clear ...."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 ...". The
DWR attorney went on to state that there is no watchdog group on this law. No enforcement procedure
exists for those not complying with the law. The State Attorney General has not yet had to review a
complaint. DWR's attorney further stated that the City could consider the development of a "Local Rule"
which could state its intentions of complying with the law in a time frame that could stand up in court.
Having a Local Rule would be reason(s) for holding off on actual installation of meters at this time.
Staff recommends City Council consider adopting the attached resolution which would establish a "Local
Rule" and allow us to continue with the current practice of collecting fees, but delaying setting the meters
until sometime in the future when it is more prudent.
FUNDING: Not Applicable.
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Jack L. Ronsko
Public Works Director
Prepared by Fran Forkas, Water/Wastewater Superintendent
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Attachments
cc: City Attorney
Water/Wastewater Superintendent
City Engineer
DWR Attorney John Kramer
J:1M MCOUNCL0I.DOC 2/22/95
Senate Bill No. 229
CHAPTER 407
An act to add Section 110 to, and to add Chapter 8 (commencing
with Section 500) to Division 1 of, the Water Code, relating to water
service.
(Approved by Governor September 16, 1991. Filed with
Secretary of State September 17, 1991.1
LEGISLATIVE COUNSEL'S DIGEST
SB 229, Boatwright. Water service: meters.
Under existing law, water meters are not required to be installed
on all water facilities and systems which deliver water.
This bill would require the installation of water meters, as defined,
on new potable water service connections on and after January 1,
1992. The bill would exempt prescribed community water systems
and wells from this requirement. The bill would require domestic
cold water meters to be in compliance with prescribed standards and
to be of a specified type.
The bill would make legislative findings and declarations.
The people of the State of California do enact as follows:
SECTION 1. Section 110 is added to the Water Code, to read:
110. (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 Chapter 8 (commencing with Section
500). 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) For purposes of subdivision (a), "water purveyor," "person,"
"water service," and "water meter" have the same meaning as
defined in Article 2 (commencing with Section 510) of Chapter 8.
(c) Subdivision (a) applies only to potable water.
(d) 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. Chapter 8 (commencing with Section 500) is added to
Division 1 of the Water Code, to read:
9S 100
V
Ch. 407 —2—
CHAPTER
2—
CHAPTER 8. WATER MEASUREMENT
Article 1. Short Title
500. This chapter shall be known and may be cited as the Water
Measurement Law.
Article 2. Definitions
510. Unless the context otherwise requires, the provisions of this
article govern the construction of this chapter.
511. The definition of a word applies to any of its variants.
512. "Water purveyor' means any person who furnishes water
service to another person.
513. "Person" means any individual, firm, association,
partnership, corporation, or public entity of any kind.
514. "Public entity" includes a city, county, city and county,
whether general law or chartered, a district, board, commission,
bureau, authority, agency, department, division, section, any other
political subdivision of the state of any kind, or the state.
515. "Water service" means the sale, lease, rental, furnishing, or
delivery of water for beneficial use, and includes, but is not limited
to, contracting for that sale, lease, rental, furnishing, or delivery of
water, except bottled water.
516. "Water meter" includes any suitable water measuring
device or facility which measures or determines the volumetric flow
of water..
Article 3. Declaration of Policy
520. The Legislature hereby finds and declares that, pursuant to
the primary interest of the people of the state to put the limited
available supplies of water in this state to beneficial use to the fullest
extent of which they are capable, and to prevent waste, unreasonable
use, or unreasonable method of use, it is necessary to determine the
quantities of water in use throughout the state to the maximum
extent that is reasonable to do so.
521. The Legislature further finds and declares that 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.
522. - The Legislature 'further finds and declares that waste or
unreasonable use of water imposes unnecessary and wasteful
consumption of energy to deliver or furnish the water, and it is
necessary, therefore, to determine the quantities of water in use
throughout the state to the maximum extent that it is reasonable to
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-3— 1 - Ch. 407
do so in order to reduce that energy consumption.
523. The Legislature hereby finds and declares that the
California goal for measurement of water use is the achievement by
January 1, 1992, of the installation of water meters on all new water
service connections after that date to systems and facilities owned,
operated, or under the management or control of a water purveyor,
which meters will measure the quantity of water furnished or
delivered through each system or facility to each new user of the
water.
Article 4. Standards
530. Domestic cold water meters shall be in compliance with
relevant standards of the American Water Works Association and
shall be of the type approved by the Director of Food and
Agriculture pursuant to Section 12500.5 of the Business and
Professions Code.
❑C
95 130
RESOLUTION NO. 95-28
A RESOLUTION OF THE LODI CITY COUNCIL
ESTABLISHING A "LOCAL RULE" FOR
WATER MEASUREMENT LAW
(SENATE BILL 229)
WHEREAS, the City of Lodi has the responsibility to comply with Water Measurement Law, Senate Bill
229 (1992); and,
WHEREAS, Senate Bill 229 does not require water meters to be read or billings to be based on metered
rate; and,
WHEREAS, if meters were installed at this time unnecessary wear would shorten the life of those meters;
and,
WHEREAS, the City of Lodi does not have a residential meter users rate at this time; however, it is
anticipated it is possible the City may establish a rate with the City's next water rate increase; and
WHEREAS, the City of Lodi has been collecting fees for meters since January, 1992, as required by Senate
Bill 229. These funds are placed in a dedicated account specifically for purchase and installation of the required
meters.
NOW, THEREFORE, BE IT RESOLVED, that the City of Lodi does hereby establish a "Local Rule",
under which the City of Lodi will continue to collect fees on new water services for water meters and installations,
but make the installations in the future at such time as metered billing is implemented.
Dated: March 1, 1995
I hereby certify that Resolution No. 95-28 was passed and adopted by the Lodi City Council in a regular
meeting held March 1, 1995 by the following vote:
AYES: COUNCIL MEMBERS Davenport, Pennino, Sieglock, Warner and Mann (Mayor)
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
0
J CQ ELINE L. AYLO
Acting City Clerk
95-28
J:ICAICITYMES\RES95-28.DOC