BILL NUMBER: SB 1334 CHAPTERED
BILL TEXT
CHAPTER 580
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2008
APPROVED BY GOVERNOR SEPTEMBER 29, 2008
PASSED THE SENATE APRIL 28, 2008
PASSED THE ASSEMBLY AUGUST 12, 2008
AMENDED IN SENATE APRIL 16, 2008
AMENDED IN SENATE APRIL 7, 2008
INTRODUCED BY Senator Calderon
FEBRUARY 20, 2008
An act to amend Section 116875 of the Health and Safety Code,
relating to drinking water.
LEGISLATIVE COUNSEL'S DIGEST
SB 1334, Calderon. Drinking water: pipes and fittings: lead
content.
Existing law, with certain exceptions, prohibits the use of any
pipe, pipe or plumbing fitting or fixture, solder, or flux that is
not lead free, as defined, in the installation or repair of any
public water system or any plumbing in a facility providing water for
human consumption. Existing law, commencing on January 1, 2010,
revises this prohibition to, with certain exceptions, apply to any
pipe or plumbing fitting, or fixture intended to convey or dispense
water for human consumption.
Existing law prohibits the introduction into commerce of any pipe,
pipe or plumbing fitting, or fixture that is not lead free, except
for a pipe that is used in manufacturing or industrial processing.
Existing law defines lead free as not more than 8% lead when used
with respect to pipes and fittings, and not more than 4% by dry
weight with respect to plumbing fittings and fixtures. Existing law,
commencing on January 1, 2010, revises the term "lead free," for
purposes of manufacturing, industrial processing, and conveying or
dispensing water for human consumption, to refer not to the lead
content of pipes and pipe fittings, plumbing fittings, and fixtures,
but instead, to refer to a weighted average lead content of the
wetted surface area of the pipes, fittings, and fixtures of not more
than 0.25%, to be determined pursuant to a prescribed formula.
Existing law requires the State Department of Public Health to
develop building standards to implement the above-described
provisions, and requires these standards to be enforced by the
appropriate state and local building and health officials.
This bill would also require that the plumbing material be
certified for compliance with these provisions by an independent 3rd
party, as provided, and would specify that, notwithstanding this
requirement, the department shall retain its authority in
implementing the above-described provisions.
The bill would provide that its provisions shall only become
operative if SB 1395, of the 2007-08 Regular Session, is enacted and
becomes operative on or before January 1, 2009.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 116875 of the Health and Safety Code, as
amended by Section 1 of Chapter 853 of the Statutes of 2006, is
amended to read:
116875. (a) No person shall use any pipe, pipe or plumbing
fitting or fixture, solder, or flux that is 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.
(b) No person shall introduce into commerce any pipe, pipe or
plumbing fitting, or fixture, that is not lead free, except for a
pipe that is used in manufacturing or industrial processing.
(c) No person engaged in the business of selling plumbing
supplies, except manufacturers, shall sell solder or flux that is not
lead free.
(d) No person shall introduce into commerce any solder or flux
that is not lead free unless the solder or flux bears 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.
(e) For the purposes of this section, "lead free" means not more
than 0.2 percent lead when used with respect to solder and flux and
not more than 8 percent when used with respect to pipes and pipe
fittings. With respect to plumbing fittings and fixtures, "lead free"
means not more than 4 percent by dry weight after August 6, 2002,
unless the department has adopted a standard, based on health
effects, for the leaching of lead.
(f) (1) All pipe, pipe or plumbing fittings or fixtures, solder,
or flux shall be certified by an independent American National
Standards Institute (ANSI) accredited third party, including, but not
limited to, NSF International, as being in compliance with this
section.
(2) (A) The certification described in paragraph (1) shall, at a
minimum, include testing of materials in accordance with the
protocols used by the Department of Toxic Substances Control in
implementing Article 10.1.2 (commencing with Section 25214.4.3) of
Chapter 6.5 of Division 20.
(B) The certification required pursuant to this subdivision shall
not interfere with either the department's exercise of its
independent authority to protect public health pursuant to this
section, or the Department of Toxic Substances Control's exercise of
its independent authority to implement Article 10.1.2 (commencing
with Section 25214.4.3) of Chapter 6.5 of Division 20.
(3) It is the intent of the Legislature that this subdivision only
provide guidance and assistance to the entities that use an
independent ANSI accredited third party to demonstrate compliance
with this section. Any tests developed by an independent ANSI
accredited third party in accordance with this subdivision shall have
no weight of authority under California statute.
(4) Notwithstanding paragraph (1), the department shall retain its
independent authority in administering this article.
(g) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.
SEC. 2. Section 116875 of the Health and Safety Code, as added by
Section 2 of Chapter 853 of the Statutes of 2006, is amended to read:
116875. (a) No person shall use any pipe, pipe or plumbing
fitting or fixture, solder, or flux that is 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.
(b) (1) No person shall introduce into commerce any pipe, pipe or
plumbing fitting, or fixture intended to convey or dispense water for
human consumption through drinking or cooking that is not lead free,
as defined in subdivision (e). This includes kitchen faucets,
bathroom faucets, and any other end-use devices intended to convey or
dispense water for human consumption through drinking or cooking,
but excludes service saddles, backflow preventers for nonpotable
services such as irrigation and industrial, and water distribution
main gate valves that are two inches in diameter and above.
(2) Pipes, pipe or plumbing fittings, or fixtures that are used in
manufacturing, industrial processing, for irrigation purposes, and
any other uses where the water is not intended for human consumption
through drinking or cooking are not subject to the requirements of
paragraph (1).
(3) For all purposes other than manufacturing, industrial
processing, or to convey or dispense water for human consumption,
"lead free" is defined in subdivision (f).
(c) No person engaged in the business of selling plumbing
supplies, except manufacturers, shall sell solder or flux that is not
lead free.
(d) No person shall introduce into commerce any solder or flux
that is not lead free unless the solder or flux bears 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.
(e) For the purposes of this section, "lead free" means 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. The weighted average lead content of a pipe
and pipe fitting, plumbing fitting, and fixture shall be calculated
by using the following formula: The percentage of lead content within
each component that comes into contact with water shall be
multiplied by the percent of the total wetted surface of the entire
pipe and pipe fitting, plumbing fitting, or fixture represented in
each component containing lead. These percentages shall be added and
the sum shall constitute the weighted average lead content of the
pipe and pipe fitting, plumbing fitting, or fixture.
(f) For the purposes of paragraph (3) of subdivision (b), "lead
free," consistent with the requirements of federal law, means not
more than 0.2 percent lead when used with respect to solder and flux
and not more than 8 percent when used with respect to pipes and pipe
fittings. With respect to plumbing fittings and fixtures, "lead free"
means not more than 4 percent by dry weight after August 6, 2002,
unless the department has adopted a standard, based on health
effects, for the leaching of lead.
(g) (1) All pipe, pipe or plumbing fittings or fixtures, solder,
or flux shall be certified by an independent American National
Standards Institute (ANSI) accredited third party, including, but not
limited to, NSF International, as being in compliance with this
section.
(2) (A) The certification described in paragraph (1) shall, at a
minimum, include testing of materials in accordance with the
protocols used by the Department of Toxic Substances Control in
implementing Article 10.1.2 (commencing with Section 25214.4.3) of
Chapter 6.5 of Division 20.
(B) The certification required pursuant to this subdivision shall
not interfere with either the department's exercise of its
independent authority to protect public health pursuant to this
section, or the Department of Toxic Substances Control's exercise of
its independent authority to implement Article 10.1.2 (commencing
with Section 25214.4.3) of Chapter 6.5 of Division 20.
(3) It is the intent of the Legislature that this subdivision only
provide guidance and assistance to the entities that use an
independent ANSI accredited third party to demonstrate compliance
with this section. Any tests developed by an independent ANSI
accredited third party in accordance with this subdivision shall have
no weight of authority under California statute.
(4) Notwithstanding paragraph (1), the department shall retain its
independent authority in administering this article.
(h) This section shall become operative on January 1, 2010. The
requirement described in subdivision (g) shall not be construed in
any manner as to justify a delay in compliance with the lead-free
standard set forth in subdivision (e).
SEC. 3. This act shall only become operative if Senate Bill 1395,
of the 2007-08 Regular Session, is enacted and becomes operative on
or before January 1, 2009.