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ab1953 assembly bill

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|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
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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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