Lead Free Legislation: The Affect on the Plumbing Industry

• Effective December 16, 1974• SDWA is the principal federal law in the U.S. intended to

ensure safe drinking water for the public• Under the Act, the EPA is required to set standards for

drinking water quality• 1986 amendments required the EPA to set standards

limiting the concentration of lead in public water systems, and defined “lead free” pipes as:

– Solders and flux containing not more than .2% lead– Pipes and pipe fittings containing not more than 8%– Plumbing fittings and fixturers as defined in industry-

developed voluntary standards (issued no later than 8/6/97) or standards developed by EPA in lieu of voluntary standards

• EPA contracted with NSF to develop a performance standard for the SDWA – NSF 61/9

Safe Drinking Water Act (SDWA)

How It All Began

Some time prior to 2006, California Assemblywoman, Wilma Chan introduced a bill (AB1953) to revise Section 116875 of the California Health and Safety Code, relating to plumbing products which may contain lead components.

How It All Began

On September 30, 2006, the California Assembly signed AB1953 into law and it revised the meaning of the term “Lead Free”.

Since AB1953 is a document number that can be reassigned each year, the law may be referred to as the “California Lead Plumbing Law” or as “Section 116875 of the California Health and Safety Code.

Defining “Lead Free”

“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 pipes, fixtures and fittings shall be calculated by using the following formula:

The percentage of lead content within each component 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 percentage shall be added and the sum shall constitute the weighted average lead content of the pipe and pipe fitting, plumbing fitting, or fixture.

Weighted Average

Effective Date

When did AB1953 actually take effect in California?

• The effective date was January 1, 2010

The law states:

• No person shall use any pipes, fixtures or fittings, solder or flux that is not lead free in the installation or repair or any public water system or any plumbing in a facility providing water for human consumption.

•No person shall introduce into commerce any pipes, fixtures or fittings that are not lead free.

Certifications

Products must receive certification from an independent ANSI-approved, third-party testing organization. The manufacturer and the third-party organization that tested the products to the new standard will be able to provide proper documentation.

Residential or Commercial

The California law does not distinguish between residential and commercial uses.

The California law is specific to any application in which the water that is conveyed or dispensed is intended for human consumption, specifically for drinking or cooking.

Vermont passed legislation similar to California’s effective January 1, 2010.Maryland house bill 372-2010 effective January 1, 2012.Louisiana also passed identical legislation which became effective January 1, 2013. To date, all state legislation is identical to California’s AB1953.

Vermont

Maryland

California

Massachusetts

Growing Trend

A new federal lead-free plumbing bill will provide a single remedy to the patchwork of state legislation that encumbers manufacturers with differing state-by state requirements.Federal bill S.3874 (Reduction of Lead in Drinking Water Act) goes into effect January 4, 2014.

Federal Legislation

All faucets and fixtures at the point-of-use that are intended to dispense water for human consumption.Examples of the products this new legislation affects include:

Kitchen faucetsBar faucetsManual lavatory faucetsSupply stopsBubblersGlass fillersPot fillersEtc.

What Products ARE Affected by this New Legislation?

Any faucets and fixtures designed for purposes other than dispensing water for human consumption.Examples of fixtures NOT impacted by AB1953include:

ElectronicShowerLaundryService sinkLaboratory fittings

What Products are NOT Affected by this New Legislation?

Why is Meeting this New Standard Important?

Products that do not meet the criteria as outlined by these new laws cannot be soldin the United States.

Product Specification

Fixture fittings that are designed &/or intended to deliver potable water for human consumption shall be third-party tested & certified for not exceeding the maximum allowable lead content, per the NSF/ANSI 372 standard.

NSF 61, Section 9 and the New Laws

The new low lead legislation does not replace NSF 61. The new laws specifically address the lead content used in manufacturing the products, while NSF 61 is a performance standard that measures the amount of lead and other metals that may leach into the water at the point-of-use.

For More Information

California State Assemblywww.assembly.ca.gov

Int’l Association of Plumbing and Mechanical Officials

www.iapmo.orgPlumbing Manufacturers Institute

www.pmihome.orgContractors Association

www.phccweb.org

• Buy American Act enacted in 1933 • Attempts to protect domestic labor by

providing a preference for American goods in government procurement and infrastructure projects

• There are a number of definitions, exceptions and loopholes which complicate understanding of the regulation

Buy American Act (BAA)

• Definition of “manufactured in the U.S.” must be determined

• U.S. manufactured if the product is substantially transformed domestically

• Product must end up looking far different, with substantial time, cost or skill involved in producing the product

• Foreign components may be utilized in the “U.S. –manufactured product”, but the cost of the domestic components (materials and/or labor) must exceed 50% of the total cost of all components

Buy American Act (BAA)

• BAA exceptions allow for situations when the cost of purchasing a domestically manufactured product would be “unreasonable”.

• When purchasing a domestically produced good increases the cost by more than 12% over a foreign-made good – the BAA does not apply

• If you can’t source a U.S.-made product in reasonable quantities and quality for your application, then the BAA does not apply

Buy American Act (BAA)

Bottom Line: The BAA requires you to buy products that are substantially transformed in the U.S., using at least 50%

domestic components and labor, whenever reasonably possible.

Q&A

• Which states have enacted low-lead legislation for plumbing products?

• When does the federal legislation go into effect?

• What plumbing products fall under the federal legislation?

• What products are exempt?• How will the low-lead legislation be

enforced?

Thank You!