BILL NUMBER: SB 1334 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Calderon
FEBRUARY 20, 2008
An act to amend Section 116875 of the Health and Safety Code,
relating to drinking water.
LEGISLATIVE COUNSEL'S DIGEST
SB 1334, as introduced, Calderon. Drinking water: pipes and
fittings: lead content.
Existing law, with certain exceptions, prohibits the use of any
pipe, pipe or plumbing fitting or fixture, solder, or flux that is
not lead free, as defined, in the installation or repair of any
public water system or any plumbing in a facility providing water for
human consumption. Existing law, commencing on January 1, 2010,
revises this prohibition to, with certain exceptions, apply to any
pipe or plumbing fitting, or fixture intended to convey or dispense
water for human consumption.
Existing law prohibits 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.
Existing law defines lead free as not more than 8% lead when used
with respect to pipes and fittings, and not more than 4% by dry
weight with respect to plumbing fittings and fixtures. Existing law,
commencing on January 1, 2010, revises the term "lead free," for
purposes of manufacturing, industrial processing, and conveying or
dispensing water for human consumption, to refer not to the lead
content of pipes and pipe fittings, plumbing fittings, and fixtures,
but instead, to refer to a weighted average lead content of the
wetted surface area of the pipes, fittings, and fixtures of not more
than 0.25%, to be determined pursuant to a prescribed formula.
This bill would also require that the plumbing material be
certified for compliance with these provisions by an independent 3rd
party, as provided.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 116875 of the Health and Safety Code, as
amended by Section 1 of Chapter 853 of the Statutes of 2006, is
amended to read:
116875. (a) No person shall use any pipe, pipe or plumbing
fitting or fixture, solder, or flux that is not lead free in the
installation or repair of any public water system or any plumbing in
a facility providing water for human consumption, except when
necessary for the repair of leaded joints of cast iron pipes.
(b) No person shall introduce into commerce 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.
(c) No person engaged in the business of selling plumbing
supplies, except manufacturers, shall sell solder or flux that is not
lead free.
(d) No person shall introduce into commerce any 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.
(e) For the purposes of this section, "lead free" means not more
than 0.2 percent lead when used with respect to solder and flux and
not more than 8 percent when used with respect to pipes and pipe
fittings. With respect to plumbing fittings and fixtures, "lead free"
means not more than 4 percent by dry weight after August 6, 2002,
unless the department has adopted a standard, based on health
effects, for the leaching of lead.
(f) All pipe, pipe or plumbing fittings or fixtures, solder, or
flux shall be certified by an independent American National Standards
Institute (ANSI) accredited third-party, including, but not limited
to, NSF International, as being in compliance with this section.
(f)
(g) This section shall remain in effect only until
January 1, 2010, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2010, deletes or
extends that date.
SEC. 2. Section 116875 of the Health and Safety Code, as added by
Section 2 of Chapter 853 of the Statutes of 2006, is amended to read:
116875. (a) No person shall use any pipe, pipe or plumbing
fitting or fixture, solder, or flux that is not lead free in the
installation or repair of any public water system or any plumbing in
a facility providing water for human consumption, except when
necessary for the repair of leaded joints of cast iron pipes.
(b) (1) No person shall introduce into commerceany
commerce any pipe, pipe or plumbing fitting, or
fixture intended to convey or dispense water for human consumption
through drinking or cooking that is not lead free, as defined in
subdivision (e). This includes kitchen faucets, bathroom faucets, and
any other end-use devices intended to convey or dispense water for
human consumption through drinking or cooking, but excludes service
saddles, backflow preventers for nonpotable services such as
irrigation and industrial, and water distribution main gate valves
that are two inches in diameter and above.
(2) Pipes, pipe or plumbing fittings, or fixtures that are used in
manufacturing, industrial processing, for irrigation purposes, and
any other uses where the water is not intended for human consumption
through drinking or cooking are not subject to the requirements of
paragraph (1).
(3) For all purposes other than manufacturing, industrial
processing, or to convey or dispense water for human consumption,
"lead free" is defined in subdivision (f).
(c) No person engaged in the business of selling plumbing
supplies, except manufacturers, shall sell solder or flux that is not
lead free.
(d) No person shall introduce into commerce any 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.
(e) For the purposes of this section, "lead free" means not more
than 0.2 percent lead when used with respect to solder and flux and
not more than a weighted average of 0.25 percent when used with
respect to the wetted surfaces of pipes and pipe fittings, plumbing
fittings, and fixtures. The weighted average lead content of a pipe
and pipe fitting, plumbing fitting, and fixture shall be calculated
by using the following formula: The percentage of lead content within
each component that comes into contact with water shall be
multiplied by the percent of the total wetted surface of the entire
pipe and pipe fitting, plumbing fitting, or fixture represented in
each component containing lead. These percentages shall be added and
the sum shall constitute the weighted average lead content of the
pipe and pipe fitting, plumbing fitting, or fixture.
(f) For the purposes of paragraph (3) of subdivision (b), "lead
free," consistent with the requirements of federal law, means not
more than 0.2 percent lead when used with respect to solder and flux
and not more than 8 percent when used with respect to pipes and pipe
fittings. With respect to plumbing fittings and fixtures, "lead free"
means not more than 4 percent by dry weight after August 6, 2002,
unless the department has adopted a standard, based on health
effects, for the leaching of lead.
(g) All pipe, pipe or plumbing fittings or fixtures, solder, or
flux shall be certified by an independent American National Standards
Institute (ANSI) accredited third-party, including, but not limited
to, NSF International, as being in compliance with this section.
(g)
(h) This section shall become operative on January 1,
2010.