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.
------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1953| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 **** END ****