BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       SB 1398|
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                                  UNFINISHED BUSINESS 


          Bill No:  SB 1398
          Author:   Leyva (D) 
          Amended:  8/18/16  
          Vote:     21 

           SENATE ENVIRONMENTAL QUALITY COMMITTEE:  6-1, 4/20/16
           AYES:  Wieckowski, Bates, Hill, Jackson, Leno, Pavley
           NOES:  Gaines

           SENATE APPROPRIATIONS COMMITTEE:  6-1, 5/27/16
           AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza
           NOES:  Nielsen

           SENATE FLOOR:  36-0, 6/2/16
           AYES:  Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella,  
            De León, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg,  
            Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire,  
            Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Pan,  
            Pavley, Roth, Stone, Vidak, Wieckowski, Wolk
           NO VOTE RECORDED:  Fuller, Gaines, Nielsen, Runner

           ASSEMBLY FLOOR:  72-7, 8/29/16 - See last page for vote

           SUBJECT:   Public water systems:  lead user service lines


          SOURCE:    Author


          DIGEST:  This bill requires, by July 1, 2018, a public water system  
          (PWS) to identify and replace known lead service lines.  


          Assembly Amendments (1) add intent language stating the risk to  
          public health from exposure to lead in water service lines; (2)  








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          clarify that the service lines, not just the pipes, should be  
          evaluated for lead and replaced as-needed; and (3) give the State  
          Water Resources Control Board (State Water Board) authority to  
          approve and/or revise a PWS's timeline for service line  
          replacement. 


          ANALYSIS:


          Existing law:  


          1)Requires PWSs to take specified actions to test for and remediate  
            certain contaminants in drinking water, including lead and  
            copper. 


          2)Prohibits the use of any pipe, pipe or plumbing fitting or  
            fixture, solder, or flux that is not "lead free" in the  
            installation or repair of any PWS or any plumbing in a facility  
            providing water for human consumption, except as specified.


          3)Prohibits any person engaged in the business of selling plumbing  
            supplies, except manufacturers, from selling solder or flux that  
            is not "lead free" as defined in statute.


          4)Prohibits the introduction into commerce of any solder or flux  
            that is not "lead free" unless the solder or flux bears a 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.


          5)Prohibits the introduction into commerce of any pipe, pipe or  
            plumbing fitting, or fixture intended to convey or dispense water  
            for human consumption that is not "lead free" as defined in  
            statute.










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          This bill requires, by July 1, 2018, a PWS to identify and replace  
          known lead service lines.  Specifically, this bill:  


          1)States the intent of the Legislature to ensure that lead water  
            pipes are identified and replaced as promptly as possible; that  
            PWSs evaluate water service lines of unidentified composition and  
            take appropriate action to ascertain whether they contain lead;  
            and, that PWSs manage the replacement of service lines on a  
            schedule that is commensurate with the risks and costs involved. 


          2)Requires, by July 1, 2018, a PWS to compile an inventory of known  
            lead user service lines in use in its system, and identify areas  
            that may have lead user service lines in use in its distribution  
            system.  Requires a PWS to provide a timeline for replacement of  
            known lead user service lines in its distribution system to the  
            State Water Board.


          3)Requires, by July 1, 2020, a PWS with areas that may have lead  
            user service lines in its systems to do either of the following:


             a)   Determine the existence or absence of lead user service  
               lines in use in their distribution systems and provide that  
               information to the State Water Board; or,


             b)   Provide a timeline for replacement of user service lines  
               connecting a water main to an individual water meter or  
               service connection whose content cannot be determined to the  
               State Water Board.


          4)Authorizes the State Water Board to approve the timelines for  
            lead user service line replacement and establishes a timeframe  
            for approving, denying and revising the PWS's proposed timelines.  
             Requires an approved timeline to be a public record and  
            available on the State Water Board's Internet Web site.










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          5)Prohibits the State Water Board, where a portion of a PWS's  
            distribution system is located within in a Superfund site under  
            an active federal cleanup order, from proposing a timeline for  
            lead user service line replacement that does not conform to any  
            applicable federal regulatory requirements or timelines. 


          Background


          Lead in water.  The most prevalent sources of lead in drinking  
          water are from pipes, fixtures, and associated hardware from which  
          the lead can leach.  Lead can enter a building's drinking water by  
          leaching from lead service connections, from lead solder used in  
          copper piping, and from brass fixtures.  The amount of lead in tap  
          water can depend on several factors, including the age and material  
          of the pipes, concentration of lead in water delivered by the  
          public utility (or, for private domestic wells, the concentration  
          of lead in raw groundwater), and corrosivity (acidity, temperature,  
          and the concentration of other mineral components) of the water.   
          More corrosive water can cause greater leaching from pipes.  As  
          pipes age, mineral deposits will form a coating on the inside of  
          the pipes that protect against further corrosion. 


          To address the issue of lead in drinking water, this bill requires  
          a PWS to compile an inventory of all known lead user service lines  
          in use in its distribution system, and identify areas that may have  
          lead service lines in use in its system.  The PWS would then have  
          to establish a timeline for replacing those known lead pipes and a  
          separate timeline for investigating and replacing the unknown  
          pipes. 



          Flint, Michigan.  Flint is located along the Flint River northwest  
          of Detroit, Michigan.  In April 2014, Flint switched its water  
          supply from Lake Huron (via Detroit) to the Flint River.  The Flint  
          River water is corrosive (high pH and low salinity levels), which,  
          absent an added corrosion inhibitor chemical like orthophosphate,  
          can erode the pipes or solder exposing lead.  As a cost-saving  
          measure, water officials opted not to add the corrosion inhibitor  








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          chemicals.  The corrosive Flint River water caused lead from aging  
          pipes to leach into the water supply, causing extremely elevated  
          levels of lead.  As a result, between 6,000 and 12,000 children in  
          Flint have been exposed to drinking water with high levels of lead  
          and they potentially will experience a range of serious health  
          problems. 


          Who is falling through the cracks in California.  According to the  
          State Water Board, 98% of Californians are served by PWSs drinking  
          water that meets federal and state drinking water standards, which  
          leaves 2% of California's drinking water failing to meet federal  
          and state safe drinking water standards.  While the contaminated  
          water serving that 2% is likely contaminated at the drinking water  
          source, lead contamination from corroded plumbing could be a  
          contributing factor. 



          On July 9, the Fresno Bee reported that lead has been found at  
          various residences with galvanized pipes in Northern Fresno,  
          possibly a result of corrosion from the City of Fresno's (Fresno)  
          water supplies from the Surface Water Treatment Facility.  Much is  
          unknown about what is causing the problem and how large the problem  
          is.  Fresno is testing homes in an effort to pinpoint the factors  
          causing the problem, from water chemistry to corrosion control to  
          the types of pipes and fixtures in affected homes.  Potential  
          solutions could be incremental adjustments of pH levels,  
          corrosion-control chemicals in the water, running faucets to flush  
          water from the fixtures, and/or to replacing plumbing fixtures or  
          service lines coming off Fresno's water meters.  As of last month,  
          a total of 69 faucets in 39 homes tested positive for lead  
          contamination at levels in exceedance of 15 parts per billion, the  
          threshold set by the United States Environmental Protection Agency  
          (US EPA) at which corrective action must be taken.




          Federal lead testing requirements.  Under the Safe Drinking Water  
          Act, the US EPA is mandated to set enforceable drinking water  
          standards, or maximum contaminant levels (MCLs) for contaminants.   








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          While there is no MCL for lead, in 1991, the US EPA adopted the  
          Lead and Copper Rule (LCR), which established action levels for  
          lead of 15 g/L (0.015 mg/L).  The LCR requires a PWS to test water  
          at the tap at a sample of their customers served for lead levels.   
          If more than 10% of the samples collected are at or above the  
          action level for lead, it can trigger 'actions' that include lead  
          user service line replacement.  The LCR requires lead samples to be  
          collected every six months.  The LCR, however, is not an exhaustive  
          requirement for identifying the real potential for lead pipes (or  
          user service lines) in a PWSs territory. 


          Given recent events in Flint, Michigan, the US EPA is increasing  
          oversight of state programs to identify and address any  
          deficiencies in current implementation of the LCR.  The US EPA is  
          meeting with every state drinking water program across the country  
          to ensure states are taking appropriate actions to address lead  
          action level exceedances, including optimizing corrosion control,  
          providing effective public health communication and outreach to  
          residents to reduce lead exposure, and removing lead service lines  
          where required by the LCR. 


          This bill is getting in front of the problem by necessitating the  
          replacement of all known lead-containing service lines before they  
          potentially leach lead into the drinking water they convey. 


          Comments


          Need for the bill.  According to the author, "Given the age of many  
          of the underground pipes utilized within PWSs, it is not commonly  
          known where lead pipes disproportionately threaten the public  
          health of local communities.  In fact, current federal or state law  
          does not require water districts to report locations of lead  
          service pipes.  While lead pipes may be less common in California,  
          it is vital that we know where these pipes are and eliminate them?  
          SB 1398 enhances public knowledge of remaining lead pipes in use  
          and implements a plan for their complete removal from water for  
          human consumption.  By setting in motion a plan to remove all lead  
          from public water system pipes, SB 1398 helps to reduce public  








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          health risks and the costs of corrosion control treatment from lead  
          in public water system pipes."


          FISCAL EFFECT:   Appropriation:    No         Fiscal  
          Com.:YesLocal:No


          According to the Assembly Appropriations Committee, any additional  
          costs to the State Water Board would not be significant, and likely  
          absorbable.




          SUPPORT:   (Verified8/29/16)


          California Association of Environmental Health Administrators
          California Environmental Justice Alliance 
          California League of Conservation Voters
          California Public Interest Group
          Center for Food Safety
          Community Water Center 
          Consumer Attorneys of California
          East Bay Municipal Water District
          Environment California
          Environmental Justice Coalition for Water
          Environmental Working Group 
          Food and Water Watch 
          Natural Resources Defense Council
          Pacific Water Quality Association
          Rural Community Assistance Corporation
          Sierra Club California
          Water Program Manager


          OPPOSITION:   (Verified8/29/16)


          None received









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           ASSEMBLY FLOOR:  72-7, 8/29/16
           AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos,  
            Chang, Chau, Chávez, Chiu, Chu, Cooley, Dababneh, Dahle, Daly,  
            Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo  
            Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Hadley, Roger  
            Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey,  
            Levine, Linder, Lopez, Low, Maienschein, Mathis, McCarty, Medina,  
            Melendez, Mullin, Nazarian, O'Donnell, Olsen, Patterson, Quirk,  
            Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone,  
            Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood,  
            Rendon
           NOES: Bigelow, Beth Gaines, Gray, Grove, Harper, Mayes, Obernolte
           NO VOTE RECORDED: Cooper
           


          Prepared by:Rachel Machi Wagoner / E.Q. / (916) 651-4108
          8/30/16 20:24:28


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