BILL ANALYSIS Ó
AB 127
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ASSEMBLY THIRD READING
AB 127 (Skinner)
As Amended April 22, 2013
Majority vote
NATURAL RESOURCES 6-3 APPROPRIATIONS 12-5
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|Ayes:|Chesbro, Garcia, |Ayes:|Gatto, Bocanegra, |
| |Muratsuchi, Skinner, | |Bradford, |
| |Stone, Williams | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Hall, |
| | | |Ammiano, Pan, Quirk, |
| | | |Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Grove, Bigelow, Patterson |Nays:|Harkey, Bigelow, |
| | | |Donnelly, Linder, Wagner |
| | | | |
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SUMMARY : Requires the State Fire Marshal (SFM), in consultation
with the Bureau of Electronic and Appliance Repair, Home
Furnishings, and Thermal Insulation (Bureau), to propose for
adoption by the Building Standards Commission (BSC) building
standards that maintain overall fire safety while giving full
consideration to the long-term human and ecological health
impacts associated with chemical flame retardants.
Specifically, this bill:
1)States that it is in the best interest of the state to reduce
the use of chemical flame retardants in building insulation,
while preserving building fire safety and encouraging healthy
building practices.
2)By January 1, 2015, requires the SFM, in consultation with the
Bureau, to propose updated flammability standards for adoption
by BSC that:
a) Maintain overall building fire safety while "giving full
consideration" to the long-term health and environmental
effects of chemical flame retardants; and,
b) Ensure that there is adequate protection from fires that
travel between walls and into confined areas, including
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crawl spaces and attics.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill has increased special fund costs to the SFM
to propose building standards in the range of $100,000 to
$200,000.
COMMENTS :
Background on chemical flame retardants . A significant number
of peer-reviewed studies have linked chemical flame retardants
(generally halogenated organic compounds with chlorine or
bromine bonded to carbon) to numerous public health problems,
including cancer, neurological and reproductive impairments,
infertility, reduced IQ, hormone and thyroid disruption, hearing
deficits, and learning disorders. Scientific evidence has
documented that many halogenated fire retardants are persistent,
accumulate up the food chain, and are now found at increasing
levels in people, wildlife, and our food supply. Developing
fetuses and young children are the most vulnerable. Studies
show that significant exposure occurs as halogenated fire
retardants escape from polyurethane foam used in furniture and
other products and are present in household dust. According to
the Department of Toxic Substances Control, the level of
polybromanated diphenyl ethers (PBDEs) measured in humans in the
U.S. and Canada are typically 10 times higher than in Europe,
and appear to be doubling every few years. These chemicals are
known to accumulate in blood, fat, and breast milk.
On July 18, 2012, Governor Brown directed the Bureau to review
and revise the state's furniture flammability standards to
reduce the use of toxic flame retardants in home furnishings.
Governor Brown stated, "Toxic flame retardants are found in
everything from high chairs to couches and a growing body of
evidence suggests that these chemicals harm human health and the
environment. We must find better ways to meet fire safety
standards by reducing or eliminating - wherever possible -
dangerous chemicals." The Bureau is currently accepting
comments on the revised regulations.
While the updated requirements for furniture will reduce
exposure to chemical flame retardants, they are still widely
used in building insulation. These chemicals are most common in
the various types of "foam" insulation (i.e., polystyrene,
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polyisocyanurate, and polyurethane) that are commonly used in
green building projects.
Fire safety . As with upholstered furniture, the use of barriers
has the potential to be as effective at reducing fire risk as
chemical flame retardants. A recent paper, Flame Retardants in
Building Insulation: A Case for Re-Evaluating Building Codes,
written by a number of fire safety experts and scientists, calls
for revisions to the building code and building insulation
standards. According to the paper, updated standards could
improve fire safety through barriers such as wallboard and
decrease or eliminate the need for the large amounts of chemical
flame retardants currently used.
While chemical flame retardants may reduce fire risks, they pose
significant health risks to firefighters. According to the San
Francisco Firefighters Cancer Prevention Foundation,
firefighters are exposed to a "chemical cocktail" every time
they enter a building fire. After the fire is extinguished, the
emission of toxic gasses continues. Firefighters rely on
"combustion gases indicators" (CGIs) to indicate when they are
"clear" to remove their breathing apparatuses. However, CGIs
are only able to detect a small number of the types of toxic
gases that may be present after a fire. Chemical flame
retardants create toxic emissions when they burn, including
known carcinogens. In 2009, the San Francisco Fire Department
participated in a peer-reviewed study, which found that the
blood levels of PBDEs in the 12 firefighters tested were over 30
percent higher than the general population in California, and 60
percent higher than the general population in the U.S.
This bill requires the SFM, in consultation with the Bureau, to
update the state's building standards relating to fire safety to
reduce the need for chemical flame retardants in building
insulation.
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092
FN: 0000855
AB 127
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