Amended  IN  Senate  August 03, 2020
Amended  IN  Senate  July 15, 2020
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 Sections Section 25214.4.3 and of, to amend, repeal, and add Section 116875 of of, and to add and repeal Section 116876 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 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 would, commencing January 1, 2024, additionally define “lead free,” for purposes of 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 certain endpoint devices, as defined. The bill would would, notwithstanding that commencement date, impose a progressively increasing minimum percentage for a manufacturer that sells or offers for sale in the state products subject to that definition of “lead free” to comply with that definition, commencing January 1, 2021, with 100% compliance on January 1, 2024, as compared to the total number of those product models sold or offered for sale in the state by that manufacturer on July 1, 2019. The bill would require such a manufacturer to inform the state board, in writing, of the percentage of those product models that complies with that definition. The bill would authorize the state board to make information about those endpoint device product models publicly available, as provided. The bill would require the consumer-facing product packaging or labeling of products that comply with that definition to indicate that compliance by including specified lettering.
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.

 It is the intent of the Legislature in enacting this act to protect the health of California’s children by enacting the most health-protective and viable lead leaching standard for drinking water faucets, fixtures, and fountains sold or offered for sale in the state.

SEC. 2.

 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 (3) 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 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. 3.

 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 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 (g).
(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, all of the following apply:
(1) (A) (i) “Endpoint device” means a single device typically installed within the last one liter of the water distribution system of a building.
(ii) Except for purposes of subdivision (f) and Section 116876, this subparagraph shall apply on and after January 1, 2024.
(B) For purposes of paragraph (3), “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.
(C) For purposes of paragraph (3), “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 otherwise subject to a different lead leaching standard or normalization requirement than specified in paragraph (3) pursuant to the 2020 NSF International/ANSI Standard 61, effective June 2020.
(2) “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.
(3) (A) “Lead free” means, when used with respect to endpoint devices, 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, and certified by an ANSI accredited third party.
(B) Except for purposes of subdivision (f) and Section 116876, this paragraph shall apply on and after January 1, 2024.

(f)(1)Notwithstanding subdivision (b), a manufacturer that sells or offers for sale in the state products subject to the definition of “lead free” in paragraph (3) of subdivision (e) shall have not less than the following percentage of those product models comply with that definition, as compared to the total number of those product models sold or offered for sale in the state by that manufacturer on July 1, 2019:

(A)Twenty percent on July 1, 2021.

(B)Forty percent on January 1, 2022.

(C)Seventy-five percent on January 1, 2023.

(D)One hundred percent on January 1, 2024.

(2)The product models excluded from compliance with paragraph (3) of subdivision (e) pursuant to paragraph (1) shall instead comply with the definition of “lead free” in paragraph (2) of subdivision (e).

(3)(A)A manufacturer that sells or offers for sale in the state products subject to the definition of “lead free” in paragraph (3) of subdivision (e) shall inform the state board, in writing, of the percentage of those product models sold or offered for sale in the state that comply with the definition of “lead free” in paragraph (3) of subdivision (e), as compared to the product models offered for sale in California. A manufacturer shall provide this information within 30 days of the dates set forth in paragraph (1).

(B)The

(f) (1) The state board may do both of the following:

(i)

(A) Post on its internet website the endpoint device product models that comply with the definition of “lead free” in paragraph (3) of subdivision (e).

(ii)

(B) Make information publicly available on endpoint device models that comply with the definition of “lead free” in paragraph (3) of subdivision (e).

(4)

(2) The consumer-facing product packaging or labeling of products that comply with the definition of “lead free” in paragraph (3) of subdivision (e) shall indicate that compliance by including the lettering “NSF/ANSI/CAN 61 61: Q ≤ 1” in an easily identifiable manner.
(g) 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.
(h) (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.
(i) The requirement described in subdivision (h) shall not be construed in any manner as to justify a delay in compliance with the lead free standard set forth in subdivision (e).
(j) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.

SEC. 4.

 Section 116875 is added to the Health and Safety Code, 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 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 (g).
(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, all of the following apply:
(1) (A) “Endpoint device” means a single device typically installed within the last one liter of the water distribution system of a building.
(B) For purposes of paragraph (3), “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.
(C) For purposes of paragraph (3), “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 otherwise subject to a different lead leaching standard or normalization requirement than specified in paragraph (3) pursuant to the 2020 NSF International/ANSI Standard 61, effective June 2020.
(2) “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.
(3) “Lead free” means, when used with respect to endpoint devices, 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, and certified by an ANSI accredited third party.
(f) (1) The state board may do both of the following:
(A) Post on its internet website the endpoint device product models that comply with the definition of “lead free” in paragraph (3) of subdivision (e).
(B) Make information publicly available on endpoint device models that comply with the definition of “lead free” in paragraph (3) of subdivision (e).
(2) The consumer-facing product packaging or labeling of products that comply with the definition of “lead free” in paragraph (3) of subdivision (e) shall indicate that compliance by including the lettering “NSF/ANSI/CAN 61: Q ≤ 1” in an easily identifiable manner.
(g) 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.
(h) (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.
(i) The requirement described in subdivision (h) shall not be construed in any manner as to justify a delay in compliance with the lead free standard set forth in subdivision (e).
(j) This section shall become operative on January 1, 2025.

SEC. 5.

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

116876.
 (a) Notwithstanding the January 1, 2024, date specified in subparagraph (B) of paragraph (3) of subdivision (e) of Section 116875, both of the following shall apply on and after January 1, 2021:
(1) A manufacturer that sells or offers for sale in the state products subject to the definition of “lead free” in subparagraph (A) of paragraph (3) of subdivision (e) of Section 116875 shall have not less than the following percentage of those product models comply with that definition, as compared to the total number of those product models sold or offered for sale in the state by that manufacturer on July 1, 2019:
(A) Twenty percent on July 1, 2021.
(B) Forty percent on January 1, 2022.
(C) Seventy-five percent on January 1, 2023.
(D) One hundred percent on January 1, 2024.
(2) A manufacturer that sells or offers for sale in the state products subject to the definition of “lead free” in subparagraph (A) of paragraph (3) of subdivision (e) of Section 116875 shall inform the state board, in writing, of the percentage of those product models sold or offered for sale in the state that comply with the definition of “lead free” in subparagraph (A) of paragraph (3) of subdivision (e) of Section 116875, as compared to the product models offered for sale in the state. A manufacturer shall provide this information within 30 days of the dates set forth in paragraph (1).
(3) The packaging and labeling requirement described in paragraph (2) of subdivision (f) of Section 116875 applies to those endpoint devices that, pursuant to paragraph (1), comply with the definition of “lead free” in subparagraph (A) of paragraph (3) of subdivision (e) of Section 116875 before January 1, 2024.
(b) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.