THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 116875 of the Health and Safety Code 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) 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and as of that date is repealed, unless a later enacted statute,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 is added to the Health and Safety Code, 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 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) This section shall become operative on January 1, 2010.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
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