Background: In 2006 the State of California passed legislation (AB1953) to restrict the content of lead to 0.25% in pipes and pipe fittings used in drinking water service lines. In 2008, similar legislation was approved in Vermont. Maryland and several other states may also pass lead legislation in 2009. Delegate Eleanor Holmes Norton (D-DC) and Rep. Henry Waxman (D-CA) introduced national “lead free” legislation during the previous Congress.

Impact: Metalcasters that manufacture pipe, pipe fittings and faucets and supply to California have already been working to develop “lead-free” products that will comply with the standards set forth in AB1953. As other states begin to develop their own “lead-free” standards for copper pipes, a regulatory patchwork could develop that would make it extremely difficult for pipe manufacturers to supply to a national market.

Outlook: Both the House and Senate environmental committees are chaired by powerful pro-environment members from California. Rep. Henry Waxman (D-CA) has been selected to take over the chairmanship of the House Energy & Commerce Committee which has jurisdiction over this issue. Senator Barbara Boxer (D-CA) chairs the Senate Environment and Public Works Committee. Waxman and Boxer have expressed interest in drafting federal legislation based on the California model in AB1953. A bill may be introduced by the end of 2009.

For more information, contact Stephanie Salmon, Metalcasters Alliance for Government Affairs Office, at ss@wafed.com or 202/842-4864.