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|
|Office of Senate Floor Analyses | |
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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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