Official AB1953 Assembly Bill

Assembly Bill 1953 No-Lead Law

The offical AB 1953 bill changes the meaning of term lead free in the Health and Safety Code form eight percent lead for pipes or pipe fittings, and four percent lead for plumbing fittings and fixtures to a weighted average of not more than 0.25 percent lead content within each component that comes into contact with the wetted surfaces of pipes and pipe fittings, plumbing fittings and fixtures effective July 1, 2010.
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          |SENATE RULES COMMITTEE            |                  AB 1953|
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                                 THIRD READING

          Bill No:  AB 1953
          Author:   Chan (D), et al
          Amended:  6/14/06 in Senate
          Vote:     21

           SENATE ENV. QUALITY COMMITTEE  :  5-2, 6/19/06
          AYES:  Simitian, Chesbro, Escutia, Kuehl, Lowenthal
          NOES:  Runner, Cox

           SENATE APPROPRIATIONS COMMITTEE  :  8-5, 8/17/06
          AYES:  Murray, Alarcon, Alquist, Escutia, Florez, Ortiz,
            Romero, Torlakson
          NOES:  Aanestad, Ashburn, Battin, Dutton, Poochigian

           ASSEMBLY FLOOR  :  41-37, 5/31/06 - See last page for vote

           SUBJECT  :    Lead plumbing

           SOURCE  :     East Bay Municipal Utility District

           DIGEST  :    This bill changes the meaning of term lead free
          in the Health and Safety Code form eight percent lead for
          pipes or pipe fittings, and four percent lead for plumbing
          fittings and fixtures to a weighted average of not more tan
          0.25 percent lead content within each component that comes
          into contact with the wetted surfaces of pipes and pipe
          fittings, plumbing fittings and fixtures effective July 1,
          2010.

           ANALYSIS  :    

           Existing Law 

           1.Establishes the Childhood Lead Poisoning Prevention
            Program in the Department of Health Services to compile
            information, identify target areas, and implement a
            program of medical treatment and environmental abatement
            to reduce childhood lead exposure.

           2.Prohibits the manufacture, sale, or exchange of toys
            exceeding a certain lead content.

           3.Implements a lead poisoning prevention and protection
            program for California schools to survey and ascertain
            risk factors that predict lead contamination in public
            schools.

           4.Defines "lead free" to mean not more than 8 percent with
            reference to pipes and pipe fittings.  With reference to
            plumbing fittings and fixtures, "lead free" means not
            more than 4 percent by dry weight after August 6, 2002,
            unless the Department of Health Services has adopted a
            standard, based on health effects, for the leaching of
            lead.

          This bill:

           1.Revises the meaning of "lead free" from 8 percent lead
            for pipes or pipe fittings, and 4 percent lead for
            plumbing fittings and fixtures to .25 percent lead
            content within each component that comes into contact
            with the wetted surfaces of pipes and pipe fittings,
            plumbing fittings and fixtures effective January 1, 2010.

           2.Prohibits a person from using specified materials that
            are not lead free in the installation or repair of any
            public water system or any plumbing in a facility
            providing water for human consumption, except when
            necessary for the repair of leaded joints of cast iron
            pipes.

           3.Prohibits a person from introducing into commerce, for
            use in California, any specified material intended to
            convey or dispense water for human consumption that is free.

           4.Exempts plumbing fixtures and related devices that are
            used in manufacturing, industrial processing, for
            irrigation purposes, and any other uses where the water
            is not intended for human consumption.

           5.Prohibits a person engaged in the business of selling
            plumbing supplies, except manufacturers, from selling
            solder or flux that is not lead free, unless accompanied
            by a prominent label stating that it is illegal to use
            the solder or flux in the installation or repair of any
            plumbing providing water for human consumption.

           6.Defines "lead free" as materials containing not more
            than 0.2 percent lead when used with respect to solder
            and flux and not more than a weighted average of 0.25
            percent when used with respect to the wetted surfaces of
            pipes and pipe fittings, plumbing fittings, and fixtures,
            providing a specified definition and formula for
            determining "weighted average."

           7.Provides declaratory language regarding state mandates
            and the procedure for local agencies to receive
            reimbursement.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes
          Local:  Yes

          According to the Senate Appropriations Committee:

           Fiscal Effects  . The Department of Health Service, which
          promulgates regulations to implement the standards, would
          incur some costs to develop and promulgate new regulations.
           These General Fund costs, likely to be incurred in
          1009-10, would be minor.  Local inspectors may incur costs
          to comply with the new standards, but the costs could be
          covered by inspection fees and therefore would be
          non-reimbursable.

           SUPPORT  :   (Verified  8/18/06)

          East Bay Municipal Utility District (source)
           East Bay Municipal Utility District (Sponsor)
          Alice Lai-Bitker,  Supervisor of Alameda County
          American Federation of State, County, Municipal Employees
          (AFSCME)
          Breast Cancer Fund
          California Association of Environmental Health Officers
          California Association of Sanitation Agencies
          California Communities Against Toxics
          California Municipal Utilities Association
          California League of Conservation Voters
          California Rural Legal Assistance Foundation
          California Special Districts Association (Public Policy
          Advocates)
          City and County of San Francisco
          City of Los Angeles
          Clean Water Action
          Commonweal
          Contra Costa Water District
          County of Alameda
          Defenders of Wildlife
          Environment California
          Environmental Justice Coalition for Water
          Healthy Children Organization Project
          Marin Municipal Water District
          Major Antonio Villaraigosa
          Natural Resources Defense Council (NRDC)
          Orange County Water District
          Physicians for Social Responsibility, San Francisco Bay
          Area Chapter
          Planning and Conservation League
          San Francisco Public Utilities Commission
          Santa Clara Valley Water District
          Sierra Club California
          Sonoma County Water Agency

           OPPOSITION  :    (Verified  8/18/06)

          Alsons Corporation
          American Faucet & Coating Corporation
          American Standard, Inc.
          Black & Decker
          Building Owners an Managers Association of California
          Buttes Pipe & Supply Company
          California Building Industry Association
          California Business Properties Association
          California Chamber of Commerce
          California Home Builders
          California Professional Association of Specialty
          Contractors
          California Retailers Association
          Center State Pipe & Supply Co.
          Copper Development Association
          Delta Faucet Company
          Dornbracht USA, Inc.
          ELKAY Manufacturing Company
          Haws Corporation
          Kohler Company
          Los Angeles Unified School District
          Moen
          Non-Ferrous Founders' Society
          Pacific Water Quality Association
          Plastic Pipe and Fittings Association
          Plumbing Heating Cooling Contractors National Association
          Plumbing Manufacturers Institute
          Sloan Valve Company
          Southern California Water Committee
          Symmons Industries
          Tempress Ltd.
          T&S Brass and Bronze Works, Inc.
          Water Quality Association

           ARGUMENTS IN SUPPORT  :    Proponents contend that the
          gradual phase-out of the use of lead-containing products
          within the drinking water system will help to alleviate
          this ongoing public health risk and that lead-free
          alternatives will reduce in price as the market expands and
          manufacturers develop new products as a consequence of the
          phase-in of lead-free materials.

           ARGUMENTS IN OPPOSITION  :    The opponents' arguments are
          largely contained in the following points:  

           1.No provision exists for testing or certifying according
            to a standard.

           2.No method is in place for effectively restricting
            transshipping of nonconforming products into the state.

           3.The bill ignores issues with respect to machining, metal
            finishing, and durability of products utilizing the
            prescribed alloys:

           4.The enactment of AB 1953 would force manufacturers who
            wish to comply with the letter and spirit of the bill to
            nationally standardize all products to the California
            requirements.

          The more general source of opposition, however, focuses on
          the financial impacts of this bill.  The Copper Development
          Association, for example, states, "?AB 1953 proposes an
          unprecedented, artificially low standard that would
          prohibit virtually all faucets, valves, and backflow
          preventers currently on the market.  Although low-lead
          brass casting alloys have been introduced in very limited
          plumbing applications?they are not widely utilized in most
          plumbing products." 

          ASSEMBLY FLOOR  :
          AYES:  Arambula, Baca, Bass, Berg, Bermudez, Chan, Chu,
            Coto, De La Torre, Dymally, Evans, Frommer, Goldberg,
            Hancock, Jerome Horton, Jones, Karnette, Klehs, Koretz,
            Laird, Leno, Levine, Lieber, Lieu, Liu, Montanez, Mullin,
            Nation, Nava, Oropeza, Pavley, Ridley-Thomas, Ruskin,
            Saldana, Salinas, Torrico, Umberg, Vargas, Wolk, Yee,
            Nunez
          NOES:  Aghazarian, Benoit, Blakeslee, Bogh, Canciamilla,
            Chavez, Cogdill, Daucher, DeVore, Emmerson, Garcia,
            Harman, Haynes, Shirley Horton, Houston, Huff, Keene, La
            Malfa, La Suer, Leslie, Matthews, Maze, McCarthy,
            Mountjoy, Nakanishi, Negrete McLeod, Niello, Parra,
            Plescia, Richman, Sharon Runner, Spitzer, Strickland,
            Tran, Villines, Walters, Wyland
          NO VOTE RECORDED:  Calderon, Cohn

          CTW:do  8/18/06   Senate Floor Analyses

                         SUPPORT/OPPOSITION:  SEE ABOVE

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