I 

111TH CONGRESS 

2D SESSION H. R. 5289 

To amend the Safe Drinking Water Act to reduce lead in drinking water, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 12, 2010 

Ms. ESHOO (for herself and Mr. GEORGE MILLER of California) introduced 

the following bill; which was referred to the Committee on Energy and 

Commerce 

A BILL 

To amend the Safe Drinking Water Act to reduce lead in 

drinking water, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Get the Lead Out 

5 Act’’. 

6 SEC. 2. REDUCING LEAD IN DRINKING WATER. 

7 (a) IN GENERAL.—Section 1417 of the Safe Drink8 ing Water Act (42 U.S.C. 300g–6) is amended— 

9 (1) by adding at the end of subsection (a) the 

10 following: 


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1 ‘‘(4) EXEMPTIONS.—The prohibitions in para2 graphs (1) and (3) shall not apply to— 

3 ‘‘(A) pipes or pipe or plumbing fittings or 

4 fixtures, including backflow preventers, that are 

5 used exclusively for nonpotable services such as 

6 manufacturing, industrial processing, irrigation, 

7 outdoor watering, or any other uses where the 

8 water is not anticipated to be used for human 

9 consumption; or 

10 ‘‘(B) toilets, bidets, urinals, fill valves, 

11 flushometer valves, tub fillers, shower valves, 

12 service saddles, or water distribution main gate 

13 valves that are 2 inches in diameter or larger.’’; 

14 and 

15 (2) by amending subsection (d) to read as fol16 lows: 

17 ‘‘(d) DEFINITION OF LEAD FREE.— 

18 ‘‘(1) IN GENERAL.—For the purposes of this 

19 section, the term ‘lead free’ means— 

20 ‘‘(A) not containing more than 0.2 percent 

21 lead when used with respect to solder and flux; 

22 and 

23 ‘‘(B) not more than a weighted average of 

24 0.25 percent when used with respect to the 


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1 wetted surfaces of pipes and pipe and plumbing 

2 fittings and fixtures. 

3 ‘‘(2) CALCULATION.—The weighted average 

4 lead content of a pipe or pipe or plumbing fitting or 

5 fixture shall be calculated by using the following for6 mula: For each wetted component, the percentage of 

7 lead in the component shall be multiplied by the 

8 ratio of the wetted surface area of that component 

9 to the total wetted surface area of the entire product 

10 to arrive at the weighted percentage of lead of the 

11 component. The weighted percentage of lead of each 

12 wetted component shall be added together and the 

13 sum of these weighted percentages shall constitute 

14 the weighted average lead content of the product. 

15 The lead content of the material used to produce 

16 wetted components shall be used to determine com17 pliance with paragraph (1)(B). For lead content of 

18 materials that are provided as a range, the max19 imum content of the range shall be used.’’. 

20 (b) EFFECTIVE DATE.—The provisions of sub21 sections (a)(4) and (d) of section 1417 of the Safe Drink22 ing Water Act, as added by this section, apply beginning 

23 on January 1, 2012. 

Æ 


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