BILL ANALYSIS
SB 1395
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Date of Hearing: June 10, 2008
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Jared Huffman, Chair
SB 1395 (Corbett) - As Amended: May 6, 2008
SENATE VOTE : 26-10
SUBJECT : Lead plumbing: monitoring and compliance testing.
SUMMARY : Requires the Department of Toxic Substances (DTSC) to
monitor and test lead plumbing for compliance with existing lead
standards. Specifically, this bill :
1)Requires the DTSC to monitor and test lead plumbing for
compliance with existing lead standards.
2)Requires DTSC to use test methods, protocols and sample
preparation procedures to monitor and test lead drinking water
plumbing fittings and fixtures to determine total lead
concentration and therefore compliance with existing lead
standards.
3)Requires DTSC to annually select, using existing resources and
staffing, up to 75 drinking water faucets or other drinking
water plumbing fittings or fixtures from publicly accessible
resale or wholesale locations for testing and evaluation.
Requires DTSC to exercise its judgment when selecting the
items for testing.
4)Requires DTSC to annually post test and evaluation results on
its website and to transmit the results to the Department of
Public Health.
5)Makes legislative findings and declarations.
6)Prohibits this bill from becoming operative unless SB 1334
(Calderon) of this session is enacted and takes effect on or
before January 1, 2009.
EXISTING FEDRAL LAW:
1)Prohibits, under the Safe Drinking Water Act (SDWA), the use
of pipe, any pipe or plumbing fitting or fixture, solder, or
flux that is not lead free in any public water system or
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facility providing drinking water.
2)Prohibits the introduction into commerce of pipe, or pipe or
plumbing fitting or fixture that is not lead free, except for
a pipe that is used in manufacturing or industrial processing.
3)Defines "lead free" as as not more than 0.2 percent lead for
solders and flux; not more than 8 percent lead for pipes, pipe
fittings, and well pumps; and not more than specified
standards for plumbing fitting and fixtures.
4)Prohibits lead in many products including drinking water,
paint, candy, gasoline and tableware.
EXISTING STATE LAW:
1)Defines, until January 1, 2010, "lead free" as not more than
0.2 percent lead in solder and flux; not more than 8 percent
in pipes and pipe fittings; and not more than 4 percent by dry
weight in plumbing fittings and fixtures, unless DTSC adopts a
standard for the leaching of lead.
2)Defines, after January 1, 2010, in items intended to convey or
dispense drinking water, "lead free" as not more than 0.2
percent lead in solder and flux and not more than a weighted
average of 0.25 percent in the wetted surface of pipes and
pipe fittings, plumbing fittings, and fixtures.
3)Defines, after January 1, 2010, in items not intended to be
used for manufacturing, industrial processes, irrigation or
for conveying or dispensing drinking water, "lead free" as not
more than 0.2 percent lead in solder and flux; not more than 8
percent in pipes and pipe fittings; and not more than 4
percent by dry weight in plumbing fittings and fixtures,
unless DTSC adopts a standard for the leaching of lead.
4)Prohibits:
a) The use of any pipe, pipe or plumbing fitting or
fixture, solder, or flux that is not lead free in public
water systems or in a facility providing drinking water,
except for repairing the leaded joints of cast iron pipes;
b) Plumbing suppliers, except manufacturers, from selling
solder or flux that is not lead free;
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c) The introduction into commerce of 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;
5)Prohibits, until 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.
6)Prohibits, after January 1, 2010, the introduction into
commerce of any pipe, pipe or plumbing fitting, or fixture,
including faucets, intended to convey or dispense water for
human consumption through drinking or cooking that is not lead
free.
7)Prohibits lead in many products including candy, toys with
lead paint, jewelry, tableware, and water coolers free.
FISCAL EFFECT : According to the Senate Appropriations Committee
analysis, DTSC estimates the cost to analyze each faucet to be
about $1,500, but this could vary. If DTSC tested 50 to 75
fittings or fixtures, total costs would be about $75,000 to
$112,500.
COMMENTS :
Purpose of the bill : AB 1953 (Chan), Chapter 853, Statutes of
2006, established allowable levels of lead for plumbing products
such as pipes, pipe or plumbing fittings or fixtures, solder, or
flux used for drinking water conveyance or dispensing, but did
not explicitly define enforcement provisions for the standards.
Therefore, the author of SB 1395 argues that there is no
assurance that standards for lead in plumbing products are
actually being adhered to. SB 1395 establishes an ongoing
testing and monitoring program to better ensure compliance.
The author points out that because of the increasing number of
recalls of contaminated and defective products from overseas,
the US EPA has started to focus on lead in faucets. She states
that until the early 1990s, most faucets sold in the United
States were manufactured domestically. After the North American
Free Trade Agreement (NAFTA) was enacted in 1994, American
manufacturers, including plumbing fixture manufacturers, began
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moving their manufacturing processes out of the country. The
author notes that in 2005, Black & Decker (owner of Price
Pfister faucets) stated that almost all of its faucets came from
low-cost areas of the world. In 2005, China exported more than
$220 million worth of faucets to the United States.
Lead in drinking water : According to the US EPA, lead in
drinking water results primarily from the corrosion of
lead-containing plumbing materials such as lead solder, brass,
bronze and other alloys. The amount of lead in water
attributable to corrosion is contingent upon several factors,
including the amount and age of lead-bearing materials
susceptible to corrosion, the method of manufacture of the
materials, the length of time that water has been in contact
with the lead-containing surface, and the corrosivity of the
water. Water corrosivity is influenced by acidity, alkalinity,
dissolved solids and hardness of the water. In general, soft
acidic waters are more corrosive to lead than hard waters.
Although the main sources of exposure to lead are ingesting
paint chips and inhaling dust, the US EPA estimates that 10 to
20 percent of human exposure to lead may come from lead in
drinking water. Infants who consume mostly mixed formula can
receive 40 to 60 percent of their exposure to lead from drinking
water.
Lead: A Recognized Hazard : Lead has been listed under
California's Proposition 65 since 1987 as a substance that can
cause reproductive damage and birth defects and has been on the
list of chemicals known to cause cancer since 1992. According
to DTSC, an extensive body of medical observation and scientific
research has revealed additional toxic effects associated with
lead exposure such as adverse effects on the neurological,
hematopoietic, renal, cardiovascular and gastrointestinal
systems. While more advanced stages of lead poisoning may
result in severe outcomes such as damage to the brain and
kidney, severe anemia, and spontaneous abortions, low level or
early exposure to lead may produce nondescript symptoms such as
fatigue, loss of appetite, reduced attention span, insomnia, and
constipation. It is not known whether all of the effects of
lead exposure are reversible.
DTSC contends that children are particularly sensitive to lead
exposure. Childhood exposure to lead is associated with
decreased intelligence; reduced short-term memory; reading
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disabilities; and deficits in vocabulary, fine motor skills,
reaction time, and hand-eye coordination; as well as effects on
children's hematopoietic, renal, and gastrointestinal systems.
Arguments in support : The East Bay Municipal Utility District
(EBMUD) argues, "In 2006, EBMUD sponsored a measure that
established a safer lead standard for drinking water plumbing,
AB 1953 (Chan), Chapter 853. However, there is currently no
regulatory control program to ensure compliance with this
important public health standard. Officials at US EPA's Office
of Civil Enforcement have recently stated they have reason to
believe some imported faucets may contain lead in levels that
violate the existing federal standards under the Safe Drinking
Water Act. This, combined with the numerous discoveries of lead
in children's toys last year, illustrates the fact that
standards alone do not guarantee that they will be met."
The Plumbing Manufacturers Institute argues, "SB 1395 would add
an important measure of consumer protection by providing for
state monitoring of compliance with the new .25% standard.
Recent experiences with high levels of lead being found in
consumer products including toys and other items illustrate the
necessity for a state lead plumbing monitoring and compliance
effort. This can help prevent the situations that have
increasingly occurred with these other products. It is
important that this program be established in advance of the
upcoming January 1, 2010 effective date of the .25% maximum lead
level requirement."
Related legislation:
SB 1334 (Calderon): Requires plumbing products to be certified
by an independent American National Standards Institute (ANSI)
accredited third-party for compliance with existing lead
standards. SB 1334 is double-jointed to SB 1395.
REGISTERED SUPPORT / OPPOSITION :
Support:
East Bay Municipal Utilities District (EBMUD) - sponsor
American Federation of State, County and Municipal Employees
(AFSCME)
Alameda County Board of Supervisors
Association of California Water Agencies (ACWA)
California Association of Sanitation Agencies
California Metals Coalition
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California Special Districts Association (CSDA)
Clean Water Action
Planning and Conservation League
Plumbing Manufacturers Institute
Santa Clara Valley Water District
Environmental Justice Coalition for Water
Opposition:
None received.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965