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AB-2060 Drinking water: pipes and fittings: lead content.(2019-2020)

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Date Published: 06/04/2020 09:00 PM
AB2060:v98#DOCUMENT

Amended  IN  Assembly  June 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2060


Introduced by Assembly Member Holden
(Coauthor: Assembly Member Gonzalez)

February 04, 2020


An act to amend Section Sections 25214.4.3 and 116875 of the Health and Safety Code, relating to drinking water.


LEGISLATIVE COUNSEL'S DIGEST


AB 2060, as amended, Holden. Drinking water: pipes and fittings: lead content.
Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health. The act prohibits, with certain exceptions, the use of 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. The act defines “lead free” for purposes of manufacturing, industrial processing, or conveying or dispensing water for human consumption to mean not more than 0.2% lead when used with respect to solder and flux and not more than a weighted average of 0.25% lead when used with respect to the wetted surfaces of pipes and pipe fittings, plumbing fittings, and fixtures.
This bill would additionally define “lead free,” for purposes of manufacturing, industrial processing, or conveying or dispensing water for human consumption, to mean does not leach more than one microgram of lead under certain tests and meeting a specified certification when used with respect to end-use devices. endpoint devices, except as specified.
Existing law requires the Department of Toxic Substances Control, based on its available resources and staffing, to annually select no more than 75 drinking water faucets or other drinking water plumbing fittings and fixtures for testing and evaluation, including the locations from which to select the faucets, fittings, and fixtures, to determine compliance with the above-specified lead plumbing standards.
This bill would authorize the department, when evaluating an endpoint device’s compliance with the above-specified definition of “lead free” that the bill would establish, to base its evaluation upon specified documentation that demonstrates certification that the endpoint device does not leach more than one microgram of lead under certain tests.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 25214.4.3 of the Health and Safety Code is amended to read:

25214.4.3.
 (a) Lead plumbing monitoring and compliance testing shall be undertaken by the department, as a part of the department’s ongoing program for reducing toxic substances from the environment.
(b) For purposes of implementing this article, the department shall, based on its available resources and staffing, annually select not more than 75 drinking water faucets or other drinking water plumbing fittings and fixtures for testing and evaluation, including the locations from which to select the faucets, fittings, and fixtures, to determine compliance with Section 116875.
(c) In implementing this article, the department shall use test methods, protocols, and sample preparation procedures that are adequate to determine total lead concentration in a drinking water plumbing fitting or fixture to determine compliance with the standards for the maximum allowable total lead content set forth in Section 116875.
(d) (1) In selecting drinking water faucets and other drinking water plumbing fittings and fixtures to test and evaluate pursuant to this article, the department shall exercise its judgment regarding the specific drinking water plumbing fittings or fixtures to test.
(2) This article does not require the department’s selection to be either random or representative of all available plumbing fittings or fixtures.
(3) The department shall acquire its samples of fittings and fixtures from locations that are readily accessible to the public at either retail or wholesale sources.
(4) When evaluating an endpoint device’s compliance with paragraph (2) of subdivision (e) of Section 116875, the department may base its evaluation upon documentation developed by an American National Standards Institute (ANSI) accredited third party that demonstrates that the ANSI accredited third party has certified that the endpoint device does not leach more than one microgram of lead for test statistic Q or R, when normalized for the one liter first draw sample, as calculated in accordance with section N-1.8.9 of the March 2020 NSF International/ANSI Standard 61, until NSF International adopts an equal or more stringent standard.
(e) The department shall annually post the results of the testing and evaluation conducted pursuant to this article on its Internet Web site internet website and shall transmit these results in an annual report to the State Department of Public Health.

SECTION 1.SEC. 2.

 Section 116875 of the Health and Safety Code is amended to read:

116875.
 (a) A person shall not 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) A person shall not introduce into 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 endpoint 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) A person engaged in the business of selling plumbing supplies, except manufacturers, shall not sell solder or flux that is not lead free.
(d) A person shall not 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 purposes of this section, “lead free” means both of the following: following apply:
(1) Not “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 lead 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.
(2) When “Lead free” means, when used with respect to end-use devices, not endpoint devices other than supply stops, flexible plumbing connectors, and miscellaneous components, does not leach more than one microgram of lead for test statistic Q or R R, when normalized for the one liter first draw sample, as calculated in accordance with section B.8.9 N-1.8.9 of the March 2020 NSF International/American National Standards Institute (ANSI) Standard 61 and NSF International/ANSI Standard 61 certified, certified by an ANSI accredited third party, until NSF International adopts an equal or more stringent standard.
(f) For 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 lead when used with respect to pipes and pipe fittings. With respect to plumbing fittings and fixtures, “lead free” means not more than 4 percent lead by dry weight after August 6, 2002, unless the department has adopted a standard, based on health effects, for the leaching of lead.
(g) (1) All pipe, pipe or plumbing fittings or fixtures, solder, or flux shall be certified by an independent ANSI accredited third party, including, but not limited to, NSF International, as being in compliance with this section.
(2) (A) The certification described in paragraph (1) shall, at a minimum, include testing of materials in accordance with the protocols used by the Department of Toxic Substances Control in implementing Article 10.1.2 (commencing with Section 25214.4.3) of Chapter 6.5 of Division 20.
(B) The certification required pursuant to this subdivision shall not interfere with either the department’s exercise of its independent authority to protect public health pursuant to this section, or the Department of Toxic Substances Control’s exercise of its independent authority to implement Article 10.1.2 (commencing with Section 25214.4.3) of Chapter 6.5 of Division 20.
(3) It is the intent of the Legislature that this subdivision only provide guidance and assistance to the entities that use an independent ANSI accredited third party to demonstrate compliance with this section. Any tests developed by an independent ANSI accredited third party in accordance with this subdivision shall have no weight of authority under California statute.
(4) Notwithstanding paragraph (1), the department shall retain its independent authority in administering this article.
(h) This section shall become operative on January 1, 2010. The requirement described in subdivision (g) shall not be construed in any manner as to justify a delay in compliance with the lead-free standard set forth in subdivision (e).