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AB-100 Drinking water: endpoint devices: lead content.(2021-2022)

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Date Published: 06/24/2021 09:00 PM
AB100:v97#DOCUMENT

Amended  IN  Senate  June 24, 2021
Amended  IN  Assembly  April 05, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 100


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

December 11, 2020


An act to amend Sections 25214.4.3 and 116875 of add Section 116876 to the Health and Safety Code, relating to drinking water.


LEGISLATIVE COUNSEL'S DIGEST


AB 100, as amended, Holden. Drinking water: pipes and fittings: endpoint devices: 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 Existing law 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 Existing law defines “lead free” for purposes of 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,” with respect to endpoint devices, as defined, to mean that the devices do not leach more than one microgram of lead under certain tests and meeting a specified certification.

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 require 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.

The bill would also make nonsubstantive changes.

This bill would, commencing January 1, 2023, prohibit a person from manufacturing, and offering for sale in the state, an endpoint device, as defined, that does not meet a certain lead leaching standard. The bill would, commencing July 1, 2023, prohibit a person from introducing into commerce or offering for sale in the state an endpoint device that does not meet that lead leaching standard. The bill would require the consumer-facing product packaging or product labeling of an endpoint device to bear specified lettering if the endpoint device meets that lead leaching standard and the above-described definition of “lead free.”
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 116876 is added to the Health and Safety Code, to read:

116876.
 (a) Commencing January 1, 2023, a person shall not manufacture, and offer for sale in the state, an endpoint device intended to convey or dispense water for human consumption that leaches more than one microgram of lead for test statistic Q or R, when normalized for a first draw sample up to or equal to one liter in volume, as calculated in accordance with the 2020 NSF International Standard 61, which became effective in the year 2020, and certified by an American National Standards Institute-accredited third party.
(b) Commencing July 1, 2023, a person shall not introduce into commerce or offer for sale in the state an endpoint device intended to convey or dispense water for human consumption that leaches more than one microgram of lead for test statistic Q or R, when normalized for a first draw sample up to or equal to one liter in volume, as calculated in accordance with the 2020 NSF International Standard 61, which became effective in the year 2020, and certified by an American National Standards Institute-accredited third party.
(c) The consumer-facing product packaging or product labeling of an endpoint device intended to convey or dispense water for human consumption that meets the “lead free” standard specified in subdivision (e) of Section 116875 and does not leach more than one microgram of lead for test statistic Q or R, when normalized for a first draw sample up to or equal to one liter in volume, as calculated in accordance with the 2020 NSF International Standard 61, which became effective in the year 2020, and certified by an American National Standards Institute-accredited third party, shall indicate that compliance by including the lettering “NSF/ANSI/CAN 61: Q ≤ 1” in an easily identifiable manner.
(d) (1) For purposes of this section, “endpoint device” means a single device, such as a plumbing fitting, fixture, or faucet, that is typically installed within the last one liter of the water distribution system of a building. An endpoint device includes all of the following:
(A) Remote chillers.
(B) Lavatory faucets.
(C) Bar faucets.
(D) Kitchen faucets.
(E) Hot and cold water dispensers.
(F) Drinking fountains.
(G) Drinking fountain bubblers.
(H) Water coolers.
(I) Glass fillers.
(J) Residential refrigerator ice makers.
(2) An endpoint device does not include either of the following:
(A) Devices specifically exempted from section nine, “Mechanical Plumbing Devices,” of the 2020 NSF International Standard 61, which became effective in the year 2020.
(B) Devices the 2020 NSF International Standard 61, which became effective in the year 2020, subjects to a different lead leaching standard or normalization requirement than that specified in subdivision (a).

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 clause (ii) of subparagraph (B) of paragraph (2) of subdivision (e) of Section 116875, the department shall 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 a first draw sample up to or equal to one liter in volume, as calculated in accordance with the 2020 NSF International/ANSI Standard 61, effective June 2020.

(e)The department shall annually post the results of the testing and evaluation conducted pursuant to this article on its internet website and shall transmit these results in an annual report to the State Department of Public Health.

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 paragraph (2) of subdivision (e). This includes kitchen faucets, bathroom faucets, endpoint devices, 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)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, the following definitions apply:

(1)(A)“Endpoint device” means a single device typically installed within the last one liter of the water distribution system of a building. An endpoint device includes all of the following:

(i)Remote chillers.

(ii)Lavatory faucets.

(iii)Bar faucets.

(iv)Kitchen faucets.

(v)Hot and cold water dispensers.

(vi)Drinking fountains.

(vii)Drinking fountain bubblers.

(viii)Water coolers.

(ix)Glass fillers.

(x)Residential refrigerator ice makers.

(B)An endpoint device does not include either of the following:

(i)Devices specifically exempted from section nine, “Mechanical Plumbing Devices,” of the 2020 NSF International/American National Standards Institute (ANSI) Standard 61, effective June 2020.

(ii)Devices the 2020 NSF International/ANSI Standard 61, effective June 2020, subjects to a different lead leaching standard or normalization requirement than that specified in clause (ii) of subparagraph (B) of paragraph (2).

(2)(A)“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.

(B)When used with respect to endpoint devices, “lead free” means that the device satisfies both of the following:

(i)The requirements of subparagraph (A).

(ii)The device does not leach more than one microgram of lead for test statistic Q or R, when normalized for a first draw sample up to or equal to one liter in volume, as calculated in accordance with the 2020 NSF International Standard 61, effective June 2020, and certified by an ANSI accredited third party.

(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 state board 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 state board’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 state board shall retain its independent authority in administering this article.

(h)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 subparagraph (A) of paragraph (2) of subdivision (e).