BILL NUMBER: SB 1395	CHAPTERED
	BILL TEXT

	CHAPTER  581
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2008
	PASSED THE SENATE  MAY 12, 2008
	PASSED THE ASSEMBLY  AUGUST 12, 2008
	AMENDED IN SENATE  MAY 6, 2008
	AMENDED IN SENATE  APRIL 24, 2008
	AMENDED IN SENATE  APRIL 16, 2008
	AMENDED IN SENATE  APRIL 8, 2008
	AMENDED IN SENATE  MARCH 24, 2008

INTRODUCED BY   Senator Corbett

                        FEBRUARY 21, 2008

   An act to add Article 10.1.2 (commencing with Section 25214.4.3)
to Chapter 6.5 of Division 20 of the Health and Safety Code, relating
to lead plumbing.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1395, Corbett. Lead plumbing: monitoring and compliance
testing.
   Existing law provides for various restrictions and prohibitions
relating to the use of any pipe, pipe or plumbing fitting or fixture,
solder, or flux that is not lead free, as defined, in regard to
public water systems and plumbing used to provide water for human
consumption. Existing law requires the State Department of Public
Health to adopt building standards to implement these prohibitions.
Appropriate state and local building and health officials are
required to enforce these standards.
   Under existing law, the Department of Toxic Substances Control
(department) enforces hazardous waste control laws that regulate the
disposal of discarded appliances, lead acid batteries, small
household batteries, recyclable latex paint, and household hazardous
waste. The department is also authorized to implement and enforce
provisions establishing prohibitions relating to jewelry for retail
sale that contains specified amounts of lead.
   This bill would establish lead plumbing monitoring and compliance
testing as a part of the department's ongoing program to reduce toxic
substances from the environment. The bill would require the
department, based on its available resources and staffing, to
annually select no more than 75 drinking water faucets or other
drinking water plumbing fittings and fixtures for testing and
evaluation, including the locations from which to select the faucets,
fittings, and fixtures, to determine compliance with specified lead
plumbing standards established pursuant to a separate provision of
existing law.
   The department would be required to use test methods, protocols,
and sample preparation procedures for the adequate determination of
total lead concentration in a drinking water plumbing fitting or
fixture. The bill would require the department to annually post the
results of its testing and evaluation on its Internet Web site, and
to transmit the results in an annual report to the State Department
of Public Health.
   The bill would provide that its provisions shall become operative
only if SB 1334, of the 2007-08 Regular Session, is enacted and takes
effect on or before January 1, 2009.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Californians expect that the public health standards
applicable to drinking water plumbing adopted by state government to
protect against lead leaching into drinking water are being complied
with.
   (b) There is not currently an existing quality control program in
state or federal law to ensure that drinking water plumbing,
including faucets, conforms to existing state and federal standards.
   (c) Without monitoring and compliance testing, consumers have no
way of knowing whether the drinking water plumbing and faucets they
purchase meet California's safe lead content standard.
   (d) Recent medical research studies conclusively show that lead in
the bloodstream is dangerous at any level.
   (e) The United States Environmental Protection Agency has
concluded that drinking water plumbing remains a significant source
of lead exposure and has specifically identified, as the most common
problem, brass or chrome-plated brass faucets and fixtures, which can
leak considerable amounts of lead into the water, particularly hot
water.
   (f) Chapter 853 of the Statutes of 2006 will, commencing January
1, 2010, phase out the use of lead in faucets, pipes and pipe
fittings, and plumbing fittings that are used to convey water for
human consumption.
   (g) The collection and testing of faucets would help ensure
compliance with California's lead content standard for plumbing and
increase consumer confidence that the faucets purchased for their
homes are not a source of dangerous lead levels in their blood.
  SEC. 2.  Article 10.1.2 (commencing with Section 25214.4.3) is
added to Chapter 6.5 of Division 20 of the Health and Safety Code, to
read:

      Article 10.1.2.  Lead Plumbing Monitoring and Compliance
Testing


   25214.4.3.  (a) Lead plumbing monitoring and compliance testing
shall be undertaken by the department, as a part of the department's
ongoing program for reducing toxic substances from the environment.
   (b) For purposes of implementing this article, the department
shall, based on its available resources and staffing, annually select
not more than 75 drinking water faucets or other drinking water
plumbing fittings and fixtures for testing and evaluation, including
the locations from which to select the faucets, fittings, and
fixtures, to determine compliance with Section 116875.
   (c) In implementing this article, the department shall use test
methods, protocols, and sample preparation procedures that are
adequate to determine total lead concentration in a drinking water
plumbing fitting or fixture to determine compliance with the
standards for the maximum allowable total lead content set forth in
Section 116875.
   (d) (1) In selecting drinking water faucets and other drinking
water plumbing fittings and fixtures to test and evaluate pursuant to
this article, the department shall exercise its judgment regarding
the specific drinking water plumbing fittings or fixtures to test.
   (2) This article does not require the department's selection to be
either random or representative of all available plumbing fittings
or fixtures.
   (3) The department shall acquire its samples of fittings and
fixtures from locations that are readily accessible to the public at
either retail or wholesale sources.
   (e) The department shall annually post the results of the testing
and evaluation conducted pursuant to this article on its Internet Web
site and shall transmit these results in an annual report to the
State Department of Public Health.
  SEC. 3.  This act shall become operative only if Senate Bill 1334,
of the 2007-08 Regular Session, is enacted and takes effect on or
before January 1, 2009.