BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1395
                                                                  Page  1

          Date of Hearing:   June 18, 2008 

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mark Leno, Chair

                    SB 1395 (Corbett) - As Amended:  May 6, 2008 

          Policy Committee:                             Environmental  
          Safety & Toxic Materials                      Vote: 7-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill requires the Department of Toxic Substances Control  
          (DTSC) to annually monitor and test a sampling of wholesale and  
          retail drinking water plumbing fittings and fixtures to  
          determine whether or not they comply with the state's phase-out  
          of lead in drinking water faucets, pipes and pipe fittings, and  
          plumbing fittings.

           FISCAL EFFECT  

          Minor costs, in the range of $50,000 annually starting in  
          2009-10, to DTSC to select and test drinking water plumbing  
          fittings and fixtures for lead content.  (Toxic Substances  
          Control Account)

           COMMENTS  

           1)Rationale  .  The author believes a monitoring and testing  
            process needs to be established at DTSC to verify that  
            manufacturers of drinking water faucets and other fixtures are  
            complying with the state's phase out, beginning January 1,  
            2010, of lead content.  Both the DTSC and the affected  
            industry want to ensure compliance by all manufacturers of  
            faucets and fixtures, both domestic and imported.  

           2)Background  .  AB 1953 (Chan) - Chapter 853, Statutes of 2006,  
            among other things, substantially reduced the maximum lead  
            content of drinking water faucets and other fixtures and  
            fittings.  Starting January 1, 2010, the standard for lead  
            free currently at 0.2% for solder and flux, 8% for pipes and  
            pipe fittings, and 4% for plumbing fittings and fixtures, will  








                                                                  SB 1395
                                                                  Page  2

            change to 0.25% for pipes, pipe fittings, plumbing fittings  
            and fixtures, and stay at 0.2% for solder and flux.

            Since the passage of AB 1953, many manufacturers have been  
            working to redesign their products to comply with the stricter  
            lead free standard.  Establishing a monitoring and testing  
            program at DTSC will better ensure these products comply with  
            the new standard, better protect public health, and better  
            ensure individual manufacturers that all manufacturers are  
            complying with the stricter standard.

           3)Monitoring and Testing Process  .  This bill requires DTSC to  
            annually select up to 75 drinking water faucets or other  
            drinking water plumbing fittings and fixtures for testing and  
            evaluation to determine if these items comply with the  
            stricter lead free standard that takes effect in 2010.  The  
            DTSC would acquire its product samples from retailers or  
            wholesalers readily accessible to the public.  Test results  
            must be annually posted on the department's Internet website  
            and sent to the Department of Public Health.

           4)Contingency Language  .  This bill includes a provision  
            specifying it becomes operative only if SB 1334 (Calderon),  
            which requires plumbing fixtures to be certified by an  
            independent entity for compliance with lead standards, is  
            enacted.  SB 1334 is pending action on the Assembly Floor.

           Analysis Prepared by  :    Steve Archibald / APPR. / (916)  
          319-2081