BILL ANALYSIS Ó AB 127 Page 1 ASSEMBLY THIRD READING AB 127 (Skinner) As Amended May 29, 2013 Majority vote NATURAL RESOURCES 6-3 APPROPRIATIONS 12-5 ----------------------------------------------------------------- |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 | | | | | | ----------------------------------------------------------------- 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)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 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. AB 127 Page 2 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, 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, AB 127 Page 3 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% 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: 0001030