BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1395|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 1395
Author: Corbett (D)
Amended: 5/6/08
Vote: 21
SENATE HEALTH COMMITTEE : 9-1, 4/2/08
AYES: Kuehl, Aanestad, Alquist, Cedillo, Maldonado,
Negrete McLeod, Ridley-Thomas, Steinberg, Yee
NOES: Cox
NO VOTE RECORDED: Wyland
SENATE ENV. QUALITY COMMITTEE : 6-1, 04/14/08
AYES: Simitian, Aanestad, Florez, Kuehl, Lowenthal,
Steinberg
NOES: Runner
SENATE APPROPRIATIONS COMMITTEE : 9-2, 04/28/08
AYES: Torlakson, Aanestad, Cedillo, Corbett, Florez,
Kuehl, Oropeza, Wyland, Yee
NOES: Cox, Runner
NO VOTE RECORDED: Ashburn, Dutton, Ridley-Thomas, Simitian
SUBJECT : Lead plumbing: compliance program
SOURCE : East Bay Municipal Utility District
DIGEST : This bill requires the Department of Toxic
Substances Control to, based on its available resources and
staffing, annually select not more than 75 drinking water
faucets, plumbing fixtures and fixtures to determine
CONTINUED
SB 1395
Page
2
compliance with existing law requiring faucets, fittings,
and fixtures to be lead free.
ANALYSIS :
Existing Law
1.Prohibits, commencing January 1, 2010, 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.
2.Requires the Department of Public Health (DPH) to adopt
building standards to implement the above prohibitions.
Appropriate state and local building and health officials
are required to enforce these standards.
3.Defines "lead free," as of January 1, 2010, for the
purpose of manufacturing, industrial processing, and
conveying or dispensing water for human consumption, to
refer to a weighted average lead content of the wetted
surface area of the pipes, fittings, and fixtures of not
more than 0l25 percent, to be determined pursuant to a
prescribed formula.
This bill:
1.Requires the Department of Toxic Substances Control
(DTSC), as part of its ongoing program for reducing toxic
substances in the environment to, based on its available
resources and staffing, annually select not more than
75drinking water faucets, plumbing fittings, and fixtures
to test and evaluate in order to determine compliance
with existing law requiring faucets, fittings, and
fixtures to be lead free.
2.Requires DTSC to post the testing and evaluation results
on its web site and to transmit the results in an annual
report to DPH.
3.Requires DTSC 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.
SB 1395
Page
3
4.States that this bill is contingent upon the enactment of
SB 1334 (Calderon) of this session.
Background
Lead is a highly toxic substance, and exposure to it can
produce a wide range of adverse health effects. There are
many ways in which humans are exposed to lead, including
through deteriorating paint, household dust, bare soil,
air, drinking water, food, ceramics, home remedies, hair
dyes and other cosmetics. Young children under the age of
six are especially vulnerable to lead's harmful health
effects, because their brains and central nervous system
are still being formed. Even very low levels of exposure
can result in reduced IQ, learning disabilities, attention
deficit disorders, behavioral problems, stunted growth,
impaired hearing, and kidney damage in children. According
to the Centers for Disease Control and Prevention (CDC),
there is no level of lead in a child's blood that can be
specified as safe, and the CDC emphasizes the need to make
primary prevention of lead poisoning, through interventions
that control or eliminate lead hazards before children are
exposed, a high priority for health, housing, and
environmental agencies. It is estimated that 14 to 20
percent of total childhood lead exposure is from drinking
water. It takes a significantly greater level of exposure
to lead for adults, than it does for kids, to sustain
adverse health effects. However, in adults, lead can
increase blood pressure and cause fertility problems, nerve
disorders, muscle and joint pain, irritability, and memory
or concentration problems.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
Fiscal Impact (in thousands)
Major Provisions 2008-09 2009-10
2010-11 Fund
DTSC testing Unknown, potentially $75-$100
annually Special*
SB 1395
Page
4
*Toxic Substances Control Account
SUPPORT : (Verified 5/6/08)
East Bay Municipal Utility District (source)
American Federation of State, County and Municipal
Employees
California Association of Sanitation Agencies
California Municipal Utilities Association
California Special Districts Association
San Francisco Public Utilities Commission
ARGUMENTS IN SUPPORT : According to the sponsor, the East
Bay Municipal Utility District, and the California Special
Districts Association, by requiring the random testing of
faucets, this bill would provide consumers with confidence
that the faucets purchased for their homes are not a source
of dangerous lead levels in their blood and would give
faucet manufacturers a way to demonstrate that their
products comply with California's safer lead standard. The
supporters state that this bill is an important public
health measure that would provide necessary regulatory
safeguards to ensure compliance with California's safer AB
1953 (Chan), Chapter 853, Statutes of 2006, lead standard
for faucets.
CTW:cm 5/6/08 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****