“The department had previously forwarded the recommendation for statewide use of CPVC in the plumbing code with a negative declaration,” Janet M. Huston, the department's director of communications and government affairs, told PM. “That declaration has been withdrawn and the department will be conducting an [environmental impact report] on CPVC.”
Current California regulations authorize the use of CPVC where local building officials determine that there is, or will be, a “premature failure of metallic pipe.” The negative declaration ensures “the health and safety of the installers and consumers from all identified and known potential hazards” of CPVC. It was made after a 1997 court case (Richard Cuffe v. California Building Standards Commission), when HCD conducted an environmental impact report (EIR) and concluded that “no significant adverse effects would result from the approval of CPVC.” The EIR was challenged, and the case was settled after HCD issued the mitigative negative declaration.