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 COMMITTEEAB 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 freein the Health and Safety Code form eight percent lead forpipes or pipe fittings, and four percent lead for plumbingfittings and fixtures to a weighted average of not more tan0.25 percent lead content within each component that comesinto contact with the wetted surfaces of pipes and pipefittings, plumbing fittings and fixtures effective July 1, 2010.

          ANALYSIS :   

          Existing Law

           1.Establishes the Childhood Lead Poisoning PreventionProgram in the Department of Health Services to compileinformation, identify target areas, and implement a program of medical treatment and environmental abatementto reduce childhood lead exposure.

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

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

           4.Defines "lead free" to mean not more than 8 percent withreference to pipes and pipe fittings.With reference toplumbing fittings and fixtures, "lead free" means notmore 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 leadfor pipes or pipe fittings, and 4 percent lead forplumbing fittings and fixtures to .25 percent leadcontent 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 thatare not lead free in the installation or repair of anypublic water system or any plumbing in a facilityproviding water for human consumption, except whennecessary 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 sellplumbing 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 usethe solder or flux in the installation or repair of any plumbing providing water for human consumption.

           6.Defines "lead free" as materials containing not morethan 0.2 percent lead when used with respect to solderand flux and not more than a weighted average of 0.25percent when used with respect to the wetted surfaces of pipes and pipe fittings, plumbing fittings, and fixtures, providing a specified definition and formula fordetermining "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 :   (Verified8/18/06)

          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 :    (Verified8/18/06)

          Alsons Corporation ,American Faucet & Coating Corporation ,American Standard, Inc.
          Black & Decker