California 2019-2020 Regular Session

California Assembly Bill AB3015 Compare Versions

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11 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3015Introduced by Assembly Member ChiuFebruary 21, 2020 An act to add Section 3420 to the Public Contract Code, relating to public contracts. LEGISLATIVE COUNSEL'S DIGESTAB 3015, as introduced, Chiu. State public works project: noncombustible piping materials.Existing law authorizes contracting between state agencies and private contractors and sets forth requirements for the procurement of goods and services by state agencies and the various responsibilities of state agencies and the Department of General Services in implementing state contracting procedures and policies.This bill would require a construction contract for a state public works project, as defined, to specify and require the installation of noncombustible drain, waste, and vent piping, except as otherwise required for the discharge of acid or corrosive chemicals under the California Buildings Standards Code.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) The State of California mandates certain bidding provisions to further policies such as public health and safety, restrictions on contracting with hostile foreign governments, contractor compliance with civil rights laws, and mandatory organic waste recycling. The State of California also contains materials preferences above and beyond building standards, such as preferences for materials with lower greenhouse gas emissions.(b) The use of combustible drain, waste, and vent piping in buildings increases risks to firefighters, workers, and the public. Combustible pipes increase the risk of fire spreading and increases risks through spreading smoke or gas. When these pipes are heated, they release toxic gases and when they are burned, they release cancer-causing dioxins.(c) These pipes begin off-gassing long before combustion at low heat levels such as when a fire first begins to smolder. By the time actual combustion begins, plastic piping can lose over 60 percent of its weight in the generation of hydrogen chloride, hydrogen cyanide, and hazardous gases. These fumes may injure or kill residents or firefighters much quicker during a fire than inhalation of carbon monoxide from burning wood. These fumes can also have a synergistic effect that causes cardiac deaths at levels of exposure that individually would not be lethal.(d) Cardiac fatalities are the number one cause of death in the fire service and it is believed that some of these fatalities are the result of hydrogen cyanide exposures combined with carbon monoxide. In addition, studies have found that firefighters are at significant increased risk for certain types of cancer. Research has also found elevated levels of long-term respiratory and other health problems in firefighters from exposures to hazardous gases such as hydrochloric acid.(e) Studies show that the solvent cement used to install noncombustible pipe is a significant contributor to ozone pollution, a major source of respiratory illness in California, and contains hazardous chemicals that put workers at risk for long-term illness.(f) The International Association of Firefighters recently released a joint statement with the United Association of Plumbers and Pipefitters calling for limiting the use of combustible drain, waste, and vent piping in buildings.(g) Combustible piping materials have low recycling rates and disposal can result in the release of dioxins, vinyl chloride, and other highly dangerous substances.(h) The California Plumbing Code restricts the use of drain, waste, and vent plastic piping in multifamily homes, hotels, motels, nursing homes, hospitals, and healthcare clinics, but currently allows it in all other occupancies.(i) North Carolina, Kentucky, British Columbia, Massachusetts, Chicago, and New York City all prohibit combustible piping in certain specified occupancies.(j) In order to protect the public, workers, and emergency responders, California state agencies should specify the use of noncombustible drain, waste, and vent piping when contracting for construction of buildings.SEC. 2. Section 3420 is added to the Public Contract Code, to read:3420. (a) A construction contract for a state public works project shall specify and require the installation of noncombustible drain, waste, and vent piping, except as otherwise required for the discharge of acid or corrosive chemicals under the California Buildings Standards Code.(b) For the purposes of this section:(1) Noncombustible drain, waste, and vent piping means drain, waste, and vent plumbing pipe that meets the definition of noncombustible in accordance with American Society for Testing and Materials (ASTM) International Standard Specification E136.(2) State public works project means a project that meets all the following:(A) A public works project subject to the State Contract Act (Chapter 1 (commencing with Section 10100) of Part 2 of Division 2), Chapter 2.1 (commencing with Section 10500) of Part 2 of Division 2, or the California State University Contract Law (Chapter 2.5 (commencing with Section 10700) of Part 2 of Division 2).(B) Includes the installation of drain, waste, or vent pipe in a building.(C) Consists of any of the following:(i) New construction.(ii) Repair, replacement, alteration, modification, or addition to an existing noncombustible drain, waste, or vent pipe system.(iii) Replacement, alteration, modification, or addition of more than 50 percent of a buildings existing drain, waste, and vent pipe system.
22
33 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 3015Introduced by Assembly Member ChiuFebruary 21, 2020 An act to add Section 3420 to the Public Contract Code, relating to public contracts. LEGISLATIVE COUNSEL'S DIGESTAB 3015, as introduced, Chiu. State public works project: noncombustible piping materials.Existing law authorizes contracting between state agencies and private contractors and sets forth requirements for the procurement of goods and services by state agencies and the various responsibilities of state agencies and the Department of General Services in implementing state contracting procedures and policies.This bill would require a construction contract for a state public works project, as defined, to specify and require the installation of noncombustible drain, waste, and vent piping, except as otherwise required for the discharge of acid or corrosive chemicals under the California Buildings Standards Code.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
44
55
66
77
88
99 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
1010
1111 Assembly Bill
1212
1313 No. 3015
1414
1515 Introduced by Assembly Member ChiuFebruary 21, 2020
1616
1717 Introduced by Assembly Member Chiu
1818 February 21, 2020
1919
2020 An act to add Section 3420 to the Public Contract Code, relating to public contracts.
2121
2222 LEGISLATIVE COUNSEL'S DIGEST
2323
2424 ## LEGISLATIVE COUNSEL'S DIGEST
2525
2626 AB 3015, as introduced, Chiu. State public works project: noncombustible piping materials.
2727
2828 Existing law authorizes contracting between state agencies and private contractors and sets forth requirements for the procurement of goods and services by state agencies and the various responsibilities of state agencies and the Department of General Services in implementing state contracting procedures and policies.This bill would require a construction contract for a state public works project, as defined, to specify and require the installation of noncombustible drain, waste, and vent piping, except as otherwise required for the discharge of acid or corrosive chemicals under the California Buildings Standards Code.
2929
3030 Existing law authorizes contracting between state agencies and private contractors and sets forth requirements for the procurement of goods and services by state agencies and the various responsibilities of state agencies and the Department of General Services in implementing state contracting procedures and policies.
3131
3232 This bill would require a construction contract for a state public works project, as defined, to specify and require the installation of noncombustible drain, waste, and vent piping, except as otherwise required for the discharge of acid or corrosive chemicals under the California Buildings Standards Code.
3333
3434 ## Digest Key
3535
3636 ## Bill Text
3737
3838 The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) The State of California mandates certain bidding provisions to further policies such as public health and safety, restrictions on contracting with hostile foreign governments, contractor compliance with civil rights laws, and mandatory organic waste recycling. The State of California also contains materials preferences above and beyond building standards, such as preferences for materials with lower greenhouse gas emissions.(b) The use of combustible drain, waste, and vent piping in buildings increases risks to firefighters, workers, and the public. Combustible pipes increase the risk of fire spreading and increases risks through spreading smoke or gas. When these pipes are heated, they release toxic gases and when they are burned, they release cancer-causing dioxins.(c) These pipes begin off-gassing long before combustion at low heat levels such as when a fire first begins to smolder. By the time actual combustion begins, plastic piping can lose over 60 percent of its weight in the generation of hydrogen chloride, hydrogen cyanide, and hazardous gases. These fumes may injure or kill residents or firefighters much quicker during a fire than inhalation of carbon monoxide from burning wood. These fumes can also have a synergistic effect that causes cardiac deaths at levels of exposure that individually would not be lethal.(d) Cardiac fatalities are the number one cause of death in the fire service and it is believed that some of these fatalities are the result of hydrogen cyanide exposures combined with carbon monoxide. In addition, studies have found that firefighters are at significant increased risk for certain types of cancer. Research has also found elevated levels of long-term respiratory and other health problems in firefighters from exposures to hazardous gases such as hydrochloric acid.(e) Studies show that the solvent cement used to install noncombustible pipe is a significant contributor to ozone pollution, a major source of respiratory illness in California, and contains hazardous chemicals that put workers at risk for long-term illness.(f) The International Association of Firefighters recently released a joint statement with the United Association of Plumbers and Pipefitters calling for limiting the use of combustible drain, waste, and vent piping in buildings.(g) Combustible piping materials have low recycling rates and disposal can result in the release of dioxins, vinyl chloride, and other highly dangerous substances.(h) The California Plumbing Code restricts the use of drain, waste, and vent plastic piping in multifamily homes, hotels, motels, nursing homes, hospitals, and healthcare clinics, but currently allows it in all other occupancies.(i) North Carolina, Kentucky, British Columbia, Massachusetts, Chicago, and New York City all prohibit combustible piping in certain specified occupancies.(j) In order to protect the public, workers, and emergency responders, California state agencies should specify the use of noncombustible drain, waste, and vent piping when contracting for construction of buildings.SEC. 2. Section 3420 is added to the Public Contract Code, to read:3420. (a) A construction contract for a state public works project shall specify and require the installation of noncombustible drain, waste, and vent piping, except as otherwise required for the discharge of acid or corrosive chemicals under the California Buildings Standards Code.(b) For the purposes of this section:(1) Noncombustible drain, waste, and vent piping means drain, waste, and vent plumbing pipe that meets the definition of noncombustible in accordance with American Society for Testing and Materials (ASTM) International Standard Specification E136.(2) State public works project means a project that meets all the following:(A) A public works project subject to the State Contract Act (Chapter 1 (commencing with Section 10100) of Part 2 of Division 2), Chapter 2.1 (commencing with Section 10500) of Part 2 of Division 2, or the California State University Contract Law (Chapter 2.5 (commencing with Section 10700) of Part 2 of Division 2).(B) Includes the installation of drain, waste, or vent pipe in a building.(C) Consists of any of the following:(i) New construction.(ii) Repair, replacement, alteration, modification, or addition to an existing noncombustible drain, waste, or vent pipe system.(iii) Replacement, alteration, modification, or addition of more than 50 percent of a buildings existing drain, waste, and vent pipe system.
3939
4040 The people of the State of California do enact as follows:
4141
4242 ## The people of the State of California do enact as follows:
4343
4444 SECTION 1. The Legislature finds and declares all of the following:(a) The State of California mandates certain bidding provisions to further policies such as public health and safety, restrictions on contracting with hostile foreign governments, contractor compliance with civil rights laws, and mandatory organic waste recycling. The State of California also contains materials preferences above and beyond building standards, such as preferences for materials with lower greenhouse gas emissions.(b) The use of combustible drain, waste, and vent piping in buildings increases risks to firefighters, workers, and the public. Combustible pipes increase the risk of fire spreading and increases risks through spreading smoke or gas. When these pipes are heated, they release toxic gases and when they are burned, they release cancer-causing dioxins.(c) These pipes begin off-gassing long before combustion at low heat levels such as when a fire first begins to smolder. By the time actual combustion begins, plastic piping can lose over 60 percent of its weight in the generation of hydrogen chloride, hydrogen cyanide, and hazardous gases. These fumes may injure or kill residents or firefighters much quicker during a fire than inhalation of carbon monoxide from burning wood. These fumes can also have a synergistic effect that causes cardiac deaths at levels of exposure that individually would not be lethal.(d) Cardiac fatalities are the number one cause of death in the fire service and it is believed that some of these fatalities are the result of hydrogen cyanide exposures combined with carbon monoxide. In addition, studies have found that firefighters are at significant increased risk for certain types of cancer. Research has also found elevated levels of long-term respiratory and other health problems in firefighters from exposures to hazardous gases such as hydrochloric acid.(e) Studies show that the solvent cement used to install noncombustible pipe is a significant contributor to ozone pollution, a major source of respiratory illness in California, and contains hazardous chemicals that put workers at risk for long-term illness.(f) The International Association of Firefighters recently released a joint statement with the United Association of Plumbers and Pipefitters calling for limiting the use of combustible drain, waste, and vent piping in buildings.(g) Combustible piping materials have low recycling rates and disposal can result in the release of dioxins, vinyl chloride, and other highly dangerous substances.(h) The California Plumbing Code restricts the use of drain, waste, and vent plastic piping in multifamily homes, hotels, motels, nursing homes, hospitals, and healthcare clinics, but currently allows it in all other occupancies.(i) North Carolina, Kentucky, British Columbia, Massachusetts, Chicago, and New York City all prohibit combustible piping in certain specified occupancies.(j) In order to protect the public, workers, and emergency responders, California state agencies should specify the use of noncombustible drain, waste, and vent piping when contracting for construction of buildings.
4545
4646 SECTION 1. The Legislature finds and declares all of the following:(a) The State of California mandates certain bidding provisions to further policies such as public health and safety, restrictions on contracting with hostile foreign governments, contractor compliance with civil rights laws, and mandatory organic waste recycling. The State of California also contains materials preferences above and beyond building standards, such as preferences for materials with lower greenhouse gas emissions.(b) The use of combustible drain, waste, and vent piping in buildings increases risks to firefighters, workers, and the public. Combustible pipes increase the risk of fire spreading and increases risks through spreading smoke or gas. When these pipes are heated, they release toxic gases and when they are burned, they release cancer-causing dioxins.(c) These pipes begin off-gassing long before combustion at low heat levels such as when a fire first begins to smolder. By the time actual combustion begins, plastic piping can lose over 60 percent of its weight in the generation of hydrogen chloride, hydrogen cyanide, and hazardous gases. These fumes may injure or kill residents or firefighters much quicker during a fire than inhalation of carbon monoxide from burning wood. These fumes can also have a synergistic effect that causes cardiac deaths at levels of exposure that individually would not be lethal.(d) Cardiac fatalities are the number one cause of death in the fire service and it is believed that some of these fatalities are the result of hydrogen cyanide exposures combined with carbon monoxide. In addition, studies have found that firefighters are at significant increased risk for certain types of cancer. Research has also found elevated levels of long-term respiratory and other health problems in firefighters from exposures to hazardous gases such as hydrochloric acid.(e) Studies show that the solvent cement used to install noncombustible pipe is a significant contributor to ozone pollution, a major source of respiratory illness in California, and contains hazardous chemicals that put workers at risk for long-term illness.(f) The International Association of Firefighters recently released a joint statement with the United Association of Plumbers and Pipefitters calling for limiting the use of combustible drain, waste, and vent piping in buildings.(g) Combustible piping materials have low recycling rates and disposal can result in the release of dioxins, vinyl chloride, and other highly dangerous substances.(h) The California Plumbing Code restricts the use of drain, waste, and vent plastic piping in multifamily homes, hotels, motels, nursing homes, hospitals, and healthcare clinics, but currently allows it in all other occupancies.(i) North Carolina, Kentucky, British Columbia, Massachusetts, Chicago, and New York City all prohibit combustible piping in certain specified occupancies.(j) In order to protect the public, workers, and emergency responders, California state agencies should specify the use of noncombustible drain, waste, and vent piping when contracting for construction of buildings.
4747
4848 SECTION 1. The Legislature finds and declares all of the following:
4949
5050 ### SECTION 1.
5151
5252 (a) The State of California mandates certain bidding provisions to further policies such as public health and safety, restrictions on contracting with hostile foreign governments, contractor compliance with civil rights laws, and mandatory organic waste recycling. The State of California also contains materials preferences above and beyond building standards, such as preferences for materials with lower greenhouse gas emissions.
5353
5454 (b) The use of combustible drain, waste, and vent piping in buildings increases risks to firefighters, workers, and the public. Combustible pipes increase the risk of fire spreading and increases risks through spreading smoke or gas. When these pipes are heated, they release toxic gases and when they are burned, they release cancer-causing dioxins.
5555
5656 (c) These pipes begin off-gassing long before combustion at low heat levels such as when a fire first begins to smolder. By the time actual combustion begins, plastic piping can lose over 60 percent of its weight in the generation of hydrogen chloride, hydrogen cyanide, and hazardous gases. These fumes may injure or kill residents or firefighters much quicker during a fire than inhalation of carbon monoxide from burning wood. These fumes can also have a synergistic effect that causes cardiac deaths at levels of exposure that individually would not be lethal.
5757
5858 (d) Cardiac fatalities are the number one cause of death in the fire service and it is believed that some of these fatalities are the result of hydrogen cyanide exposures combined with carbon monoxide. In addition, studies have found that firefighters are at significant increased risk for certain types of cancer. Research has also found elevated levels of long-term respiratory and other health problems in firefighters from exposures to hazardous gases such as hydrochloric acid.
5959
6060 (e) Studies show that the solvent cement used to install noncombustible pipe is a significant contributor to ozone pollution, a major source of respiratory illness in California, and contains hazardous chemicals that put workers at risk for long-term illness.
6161
6262 (f) The International Association of Firefighters recently released a joint statement with the United Association of Plumbers and Pipefitters calling for limiting the use of combustible drain, waste, and vent piping in buildings.
6363
6464 (g) Combustible piping materials have low recycling rates and disposal can result in the release of dioxins, vinyl chloride, and other highly dangerous substances.
6565
6666 (h) The California Plumbing Code restricts the use of drain, waste, and vent plastic piping in multifamily homes, hotels, motels, nursing homes, hospitals, and healthcare clinics, but currently allows it in all other occupancies.
6767
6868 (i) North Carolina, Kentucky, British Columbia, Massachusetts, Chicago, and New York City all prohibit combustible piping in certain specified occupancies.
6969
7070 (j) In order to protect the public, workers, and emergency responders, California state agencies should specify the use of noncombustible drain, waste, and vent piping when contracting for construction of buildings.
7171
7272 SEC. 2. Section 3420 is added to the Public Contract Code, to read:3420. (a) A construction contract for a state public works project shall specify and require the installation of noncombustible drain, waste, and vent piping, except as otherwise required for the discharge of acid or corrosive chemicals under the California Buildings Standards Code.(b) For the purposes of this section:(1) Noncombustible drain, waste, and vent piping means drain, waste, and vent plumbing pipe that meets the definition of noncombustible in accordance with American Society for Testing and Materials (ASTM) International Standard Specification E136.(2) State public works project means a project that meets all the following:(A) A public works project subject to the State Contract Act (Chapter 1 (commencing with Section 10100) of Part 2 of Division 2), Chapter 2.1 (commencing with Section 10500) of Part 2 of Division 2, or the California State University Contract Law (Chapter 2.5 (commencing with Section 10700) of Part 2 of Division 2).(B) Includes the installation of drain, waste, or vent pipe in a building.(C) Consists of any of the following:(i) New construction.(ii) Repair, replacement, alteration, modification, or addition to an existing noncombustible drain, waste, or vent pipe system.(iii) Replacement, alteration, modification, or addition of more than 50 percent of a buildings existing drain, waste, and vent pipe system.
7373
7474 SEC. 2. Section 3420 is added to the Public Contract Code, to read:
7575
7676 ### SEC. 2.
7777
7878 3420. (a) A construction contract for a state public works project shall specify and require the installation of noncombustible drain, waste, and vent piping, except as otherwise required for the discharge of acid or corrosive chemicals under the California Buildings Standards Code.(b) For the purposes of this section:(1) Noncombustible drain, waste, and vent piping means drain, waste, and vent plumbing pipe that meets the definition of noncombustible in accordance with American Society for Testing and Materials (ASTM) International Standard Specification E136.(2) State public works project means a project that meets all the following:(A) A public works project subject to the State Contract Act (Chapter 1 (commencing with Section 10100) of Part 2 of Division 2), Chapter 2.1 (commencing with Section 10500) of Part 2 of Division 2, or the California State University Contract Law (Chapter 2.5 (commencing with Section 10700) of Part 2 of Division 2).(B) Includes the installation of drain, waste, or vent pipe in a building.(C) Consists of any of the following:(i) New construction.(ii) Repair, replacement, alteration, modification, or addition to an existing noncombustible drain, waste, or vent pipe system.(iii) Replacement, alteration, modification, or addition of more than 50 percent of a buildings existing drain, waste, and vent pipe system.
7979
8080 3420. (a) A construction contract for a state public works project shall specify and require the installation of noncombustible drain, waste, and vent piping, except as otherwise required for the discharge of acid or corrosive chemicals under the California Buildings Standards Code.(b) For the purposes of this section:(1) Noncombustible drain, waste, and vent piping means drain, waste, and vent plumbing pipe that meets the definition of noncombustible in accordance with American Society for Testing and Materials (ASTM) International Standard Specification E136.(2) State public works project means a project that meets all the following:(A) A public works project subject to the State Contract Act (Chapter 1 (commencing with Section 10100) of Part 2 of Division 2), Chapter 2.1 (commencing with Section 10500) of Part 2 of Division 2, or the California State University Contract Law (Chapter 2.5 (commencing with Section 10700) of Part 2 of Division 2).(B) Includes the installation of drain, waste, or vent pipe in a building.(C) Consists of any of the following:(i) New construction.(ii) Repair, replacement, alteration, modification, or addition to an existing noncombustible drain, waste, or vent pipe system.(iii) Replacement, alteration, modification, or addition of more than 50 percent of a buildings existing drain, waste, and vent pipe system.
8181
8282 3420. (a) A construction contract for a state public works project shall specify and require the installation of noncombustible drain, waste, and vent piping, except as otherwise required for the discharge of acid or corrosive chemicals under the California Buildings Standards Code.(b) For the purposes of this section:(1) Noncombustible drain, waste, and vent piping means drain, waste, and vent plumbing pipe that meets the definition of noncombustible in accordance with American Society for Testing and Materials (ASTM) International Standard Specification E136.(2) State public works project means a project that meets all the following:(A) A public works project subject to the State Contract Act (Chapter 1 (commencing with Section 10100) of Part 2 of Division 2), Chapter 2.1 (commencing with Section 10500) of Part 2 of Division 2, or the California State University Contract Law (Chapter 2.5 (commencing with Section 10700) of Part 2 of Division 2).(B) Includes the installation of drain, waste, or vent pipe in a building.(C) Consists of any of the following:(i) New construction.(ii) Repair, replacement, alteration, modification, or addition to an existing noncombustible drain, waste, or vent pipe system.(iii) Replacement, alteration, modification, or addition of more than 50 percent of a buildings existing drain, waste, and vent pipe system.
8383
8484
8585
8686 3420. (a) A construction contract for a state public works project shall specify and require the installation of noncombustible drain, waste, and vent piping, except as otherwise required for the discharge of acid or corrosive chemicals under the California Buildings Standards Code.
8787
8888 (b) For the purposes of this section:
8989
9090 (1) Noncombustible drain, waste, and vent piping means drain, waste, and vent plumbing pipe that meets the definition of noncombustible in accordance with American Society for Testing and Materials (ASTM) International Standard Specification E136.
9191
9292 (2) State public works project means a project that meets all the following:
9393
9494 (A) A public works project subject to the State Contract Act (Chapter 1 (commencing with Section 10100) of Part 2 of Division 2), Chapter 2.1 (commencing with Section 10500) of Part 2 of Division 2, or the California State University Contract Law (Chapter 2.5 (commencing with Section 10700) of Part 2 of Division 2).
9595
9696 (B) Includes the installation of drain, waste, or vent pipe in a building.
9797
9898 (C) Consists of any of the following:
9999
100100 (i) New construction.
101101
102102 (ii) Repair, replacement, alteration, modification, or addition to an existing noncombustible drain, waste, or vent pipe system.
103103
104104 (iii) Replacement, alteration, modification, or addition of more than 50 percent of a buildings existing drain, waste, and vent pipe system.