BILL ANALYSIS
SENATE HOUSING AND LAND USE COMMITTEE VERSION: 05/30/95 A
Senator Tom Campbell, Chairman SET: First B
HEARING: 07/03/95
FISCAL: Approp. 1
Assembly Bill 151 - Baca CONSULTANT: Yee 5
1
CHLORINATED-POLYVINYL-CHLORIDE (CPVC) PIPE
Background and Existing Law:
The International Conference of Building Officials (ICBO)
publishes the Uniform Plumbing Code and other related codes
every three years. The California Building Standards Code
(also known as Title 24 of the California Code of Regulations)
contains ICBO's model codes and building construction
standards and regulations that are adopted by the California
Building Standards Commission (CBSC). Although ICBO's model
code permits the use of chlorinated polyvinyl chloride (CPVC)
pipes, the California Building Standards Code prohibits its
use in California.
The Department of Housing and Community Development (HCD)
promulgates residential building standards and forwards them
to the CBSC for adoption. Since 1979, HCD has been embroiled
in a controversial attempt to complete an environmental impact
report (EIR) to evaluate the use of CPVC pipes. In 1989, a
draft EIR was completed which found no significant harmful
effects of the plastic pipe. But, the EIR was never adopted
because of continuing challenges to its accuracy and
completeness by various groups.
Plagued by copper water system failures, the City of Colton
allowed homes to be retrofitted with CPVC pipes. Using the
plastic pipe has been successful but HCD challenged their use
for potable water systems within residential uses. The author
wants to allow the use of CPVC pipes.
Proposed Law:
Assembly Bill 151 establishes following interim requirements
that permit local governments to allow the use of chlorinated
polyvinyl chloride piping:
o Specifies that the California Plumbing Code's prohibition
to use CPVC pipe shall not apply to local governments that
permitted its usage for potable water systems before
January 1, 1996.
o Allows local governments to permit the use of CPVC pipe
if they make a finding that there have been failures of
copper piping within its jurisdiction due to corrosive
AB 151 - 05/30/95 Page 3
water quality or soil conditions. CPVC pipe must be listed as
an approved material in the UPC. Installation must be in
accordance with UPC requirements and comply with interim
flushing procedures and worker safety measures.
o Requires the plumbers state licensing examination to
include one or more questions about the safe installation
of all types of plumbing pipe.
o Specifies that nothing in this section shall affect the
applicability of any existing law imposing liability on a
manufacturer, distributor, retailer, installer, or any
other person or entity under the laws of this state for
liability.
o Requires HCD to complete and certify an environmental
impact report (EIR) relating to the use and installation of
CPVC piping systems within 15 months after receiving funds
from manufacturers and producers.
o Requires HCD to immediately develop proposed building
standards to allow statewide use of CPVC piping systems if
the EIR reveals no significant negative impact concerning
the use of CPVC piping systems for potable water system.
o Specifies a sunset date of January 1, 1998.
o Includes an urgency clause.
AB 151 also establishes legislative intent that:
o The deterioration of copper piping is a serious problem
in various communities in the state.
o Chlorinated polyvinyl chloride (CPVC) plastic piping has
been successfully used in other states and nations and is
also used in mobilehome construction.
o The City of Colton approved the use of CPVC plastic for
residential use in good faith belief that it was in
compliance with state regulations when the city was
confronted with widespread deterioration of copper piping
AB 151 - 05/30/95 Page 4
systems.
o CPVC pipe is not authorized to carry drinking water
inside California homes because an environmental impact
report delivered to HCD in December 1990 has not been
released and has therefore delayed its proposed adoption by
the State Building Standards Commission.
o The retrofitting of homes with CPVC piping has been
successful.
o CPVC piping be allowed as an alternate material in
building construction.
Arguments in Favor:
1. Let it be. Because of low pH (high acid) factors and high
oxygen content of some California water, copper water systems
have failed in many homes, causing devastating damage. Acting
pursuant to a good-faith belief that it was in compliance with
state regulations, the City of Colton authorized the use of
chlorinated polyvinyl chloride (CPVC) pipe as an alternative
to copper piping in 1993. Although the use of CPVC piping has
been successful, HCD challenged Colton's authority to allow
its use. AB 151 legalizes existing homes that have been
retrofitted with CPVC piping and establishes interim
requirements to allow CPVC piping in areas of the state that
experience copper pipe problems.
2. Model code. The Uniform Plumbing Code permits the use of
CPVC pipe for hot and cold water systems. Many other states
and countries permit the use of CPVC piping. HCD wants to
permit the use of CPVC piping. Shouldn't the California
Plumbing Code permit the use of CPVC piping in area of the
state that experiences problems with copper piping?
Arguments Against:
1. Cart before the horse. Before building materials are used
in construction, they are tested to insure minimum standards.
AB 151 - 05/30/95 Page 5
Testing procedures are established by ICBO's model code
adoption process and the California Building Code adoption
process. AB 151 short-cuts the process by allowing the use of
CPVC piping before the Building Standards Commission approves
of its use. The Committee may wish to consider whether AB 151
would encourage other local governments to use building
materials before they are approved by state officials.
2. Funding by interested parties. AB 151 allows the funding
for the EIR to come from the CPVC pipe producers themselves.
If the report is in the public interest, ought not the general
fund, rather than interested parties, pay for it? A dangerous
precedent could be created for private parties to pay for
state regulations or reports that they wish, taking precedence
over other priorities of state agencies that lack private
sources of financing.
AB 151 - 05/30/95 Page 6
Other Comments:
1. EIR streamlining. In an attempt to promote affordable
housing, HCD proposed changes to the Uniform Plumbing Code to
allow plastic piping. In 1989, HCD produced a draft
environmental impact report (EIR) which found no significant
negative effects of plastic piping. The EIR was widely
criticized by the pipe trades and other groups as "woefully
inadequate." The Attorney General also found that the
document did not adequately respond to comments and required
further work. Insufficient funds halted the work on the EIR.
AB 151 requires HCD to complete the EIR within 15 months after
the funds are provided by manufacturers and producers.
3. Sunset date. AB 151 establishes interim requirements for
the use and installation of CPVC piping until HCD completes
the EIR and changes the California Plumbing Code requirements
to permit CPVC piping. Anticipating that the process will not
take over two years, AB 151 sunsets on January 1, 1998.
4. A matter of urgency. AB 151 includes an urgency clause
because the deterioration of copper piping in water systems in
homes make it necessary that the use of CPVC piping be clearly
authorized by law under specified conditions.
Assembly Actions:
Housing & Community Development: 8-0
Appropriations Committee: 11-0
Floor: 59-7
Support and Opposition: (06/28/95)
Support: BF Goodrich Specialty Chemicals, California
Apartment Association, California Association of Realtors,
California Building Industry Association, California State
Council of Laborers, City of Colton Community Development
Department, City of Highland, Costain Homes, County of Glenn,
IPS Corporation, John Laing Homes.
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Opposition: California Legislative Conference of the
Plumbing, Heating and Piping Industry, Contractors State
License Board.