BILL ANALYSIS
SB 1395
Page 1
SENATE THIRD READING
SB 1395 (Corbett)
As Amended May 6, 2008
Majority vote
SENATE VOTE :26-10
ENVIRONMENTAL SAFETY 7-0
APPROPRIATIONS 16-0
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|Ayes:|Huffman, Smyth, Eng, |Ayes:|Leno, Walters, Caballero, |
| |Evans, Feuer, Jeffries, | |Davis, DeSaulnier, |
| |Nava | |Emmerson, Furutani, |
| | | |Huffman, Karnette, |
| | | |Krekorian, |
| | | |La Malfa, Ma, Nakanishi, |
| | | |Nava, Sharon Runner, |
| | | |Solorio |
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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 Web site and to transmit the results to the Department of
Public Health.
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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 FEDERAL LAW :
1)Prohibits, under the Safe Drinking Water Act 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 facility
providing drinking water. 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.
2)Defines "lead free" as as not more than 0.2% lead for solders
and flux; not more than 8% lead for pipes, pipe fittings, and
well pumps; and, not more than specified standards for
plumbing fitting and fixtures.
EXISTING STATE LAW :
1)Defines, after January 1, 2010, in items to convey or dispense
drinking water, "lead free" as not more than 0.2% lead in
solder and flux and not more than a weighted average of 0.25%
in the wetted surface of pipes and pipe fittings, plumbing
fittings, and fixtures.
2)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) Suppliers, except manufacturers, from selling solder or
flux that is not lead free; and,
c) The introduction into commerce of solder or flux that is
SB 1395
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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;
3)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.
FISCAL EFFECT : According to the Senate Appropriations
Committee, 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 :
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 United States Envionmental Protection Agency estimates that
10 to 20% of human exposure to lead may come from lead in
drinking water. Infants who consume mostly mixed formula can
receive 40 to 60% of their exposure to lead from drinking water.
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. DTSC contends that
children are particularly sensitive to lead exposure.
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Related legislation :
SB 1334 requires plumbing products to be certified by an
independent American National Standards Institute accredited
third-party for compliance with existing lead standards.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965
FN: 0005497