BILL ANALYSIS Ó
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|Hearing Date:June 24, 2013 |Bill No:AB |
| |127 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Ted W. Lieu, Chair
Bill No: AB 127Author:Skinner
As Amended:May 29, 2013 Fiscal:Yes
SUBJECT: Fire safety: fire retardants: building insulation.
SUMMARY: Requires the State Fire Marshal, in consultation with the
Bureau of Electronic and Appliance Repair, Home Furnishings, and
Thermal Insulation, by January 1, 2015, to propose for adoption by the
Building Standards Commission 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.
Existing law:
1)Licenses and regulates insulation manufacturers who sell insulation
material in California under the Home Furnishings and Thermal
Insulation Act (Act) by the Bureau of Electronic and Appliance
Repair, Home Furnishings, and Thermal Insulation (Bureau) within the
Department of Consumer Affairs (DCA). (Business and Professions
Code (BPC) §§ 19000; 19059.7)
2)Mandates that protection of the public shall be the highest priority
for the Bureau, and that whenever the protection of the public is
inconsistent with other interests sought to be promoted, the
protection of the public shall be paramount. (BPC § 19004.1)
3)Defines "insulation material" to mean any material or combination of
materials applied or installed within or contiguous to a roof, wall,
ceiling, or floor of a building or structure, or contiguous to the
surface of any appliance or its intake or outtake mechanism, for the
purpose of reducing heat transfer and thus energy requirements for
heating and cooling or reducing adverse temperature fluctuations of
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the building, room, appliance, or structure.
(BPC § 19019)
4)Provides for the following under the Act:
a) Authorizes the Bureau, with input from the California Energy
Commission (CEC), the State Fire Marshal, manufacturers,
distributors, and licensed installers, to establish insulation
material standards governing the quality of all insulation
material sold or installed in the state, including safety and
thermal performance. (BPC § 19164)
b) Requires that any standards adopted relating to insulation
material be submitted to the California Building Standards
Commission (BSC) for adoption into state building standards.
(BPC § 19164)
c) Provides that insulation material may only be sold or
installed in the state which has been certified by the
manufacturer to have been tested in accordance with standards
adopted by the Bureau. (BPC § 19165)
5)Authorizes the State Fire Marshal (SFM) to develop building standards
relating to fire and panic safety and submit those standards to the
BSC for approval. (Health and Safety Code (HSC) § 13100 et seq.)
6)Establishes the processes related to the adoption, approval,
publication, and implementation of California's building codes under
the California Building Standards Law, and administered by the BSC.
These building codes serve as the basis for the design and
construction of buildings in California. (HSC §§ 18901 through
18949.31)
7)Provides that if no state agency has the authority or expertise to
propose green building standards applicable to a particular
occupancy, the BSC shall adopt, approve, codify, update, and publish
green building standards for those occupancies. (HSC § 18930.5)
8)Requires BSC to consult with specified entities when developing green
building standards, including the Department of Resource Recycling
and Recovery, the California Energy Resources Conservation and
Development Commission, the California Air Resources Board, the
California Department of Water Resources, the California Department
of Transportation, the California Department of General Services,
the California Department of Public Health, and the Office of the
State Fire Marshal. (California Administrative Code, Title 24, §
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1-1004)
9) Under the Green Chemistry Imitative, requires the Department of
Toxic Substances Control (DTSC) to adopt regulations to establish a
process by which chemicals or chemical ingredients in consumer
products may be identified and prioritized for consideration as
being Chemicals of Concern, as specified. (HSC § 25252)
10)Directs DTSC, in adopting these regulations, to develop specified
criteria by which chemicals and their alternatives may be
evaluated. (HSC § 25252)
11)Specifies that the Green Chemistry Initiative that those provisions
do not limit and shall not be construed to limit the DCSC's or any
other department's or agency's existing authority over hazardous
materials, and further specifies: (HSC § 25257.1)
a) Those provisions do not authorize the DTSC to supersede the
regulatory authority of any other department or agency.
b) Prohibits DTSC from duplicating or adopting conflicting
regulations for product categories already regulated or subject
to pending regulation for those purposes.
This bill:
1)Requires the SFM in consultation with the Bureau, by January 1, 2015,
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: This measure has been keyed "fiscal" by Legislative
Counsel. The May 15, 2013 Assembly Appropriations Committee analysis
cites increased special fund costs to the SFM to propose building
standards in the range of $100,000 to $200,000. The analysis cites
likely minor costs to the Bureau for consultation; and minor,
absorbable costs for the BSC.
COMMENTS:
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1.Purpose. This bill is sponsored by United States Green Building
Council California (Sponsor). According to the Author, AB 127 calls
for a building code revision to update standards that result in the
use of flame retardant chemicals in building insulation while
maintaining building fire safety and encouraging healthy building
practices.
The Author states: "Given the toxicity concerns surrounding flame
retardants, the code should be updated. California is currently
acting to limit flame retardant use in furniture while maintaining
fire safety; now the same should be considered for building
insulation. Should this bill pass, the code may be updated to
remove the flammability test requirement. This will allow
flexibility for producers to provide insulation material with or
without flame retardants."
2.Background. The current state building code requires: 1) that a
thermal barrier be installed to provide structural elements with at
least 15 minutes of protection from fire, and 2) that insulation
pass a test for flammability without the thermal barrier. The code
does not specifically call for the use of flame retardants on
plastic foam insulation. However, it is common practice to use
flame retardants to meet the second code requirement.
The code requirement that insulation pass a test for flammability
without the thermal barrier was instituted first, and this is when
flame retardants began to be used to pass the flammability test, but
the flame retardants were not providing enough fire protection. In
response, the thermal barrier requirement was put in place, but the
flammability test was not removed. The thermal barrier must provide
at least 15 minutes of fire protection. When a fire is strong
enough to burn through that, the amount of flame retardant in the
insulation is insufficient for providing any fire safety benefit in
many cases. The Author states that the bill asks that this issue be
reviewed and the code updated appropriately.
3.Chemical Flame Retardants. There are several human health effects
associated with flame retardants, including endocrine disruption,
decreased fertility, and decreased neurologic function. Flame
retardants and the associated health concerns are found at greater
levels in low-income and minority communities. There are also reuse
and disposal concerns surrounding insulation with flame retardants.
A 2013 study titled: "Persistent Organic Pollutants including
Polychlorinated and Polybrominated Dibenzo-p-dioxins and
Dibenzofurans in Northern California" revealed that, compared to the
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general public, firefighters face more toxic exposure to these
chemicals due to the inherent toxicity of burned flame retardants,
which could be linked to firefighters' greater cancer risks.
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 (DTSC), 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.
4. Bureau Regulation of Thermal Insulation. Thermal insulation is an
important element of energy conservation. It helps keep homes and
commercial buildings warm in the winter and cool in the summer.
Properly installed, thermal insulation lowers utility costs and
cuts energy consumption. Thermal insulation improves energy
efficiency, which reduces greenhouse gases that contribute to
global climate change.
The Bureau licenses, registers, and regulates nearly 39,000
businesses serving California consumers in industries involving
appliance, electronic and computer repair, service contracts;
manufacturers, importers, retailers, upholsterers, sanitizers, and
supply dealers providing home furnishings products; and, thermal
insulation manufacturers providing thermal insulation products.
The Bureau's licensure program establishes minimum standards for
entry into the various professions and establishes requirements
designed to maintain or enhance licensee knowledge and ensure
consumer protection. The Bureau also maintains an enforcement
program designed to protect consumers, minimize substandard
practice, and discipline licensees as warranted. Routine industry
inspections and advisory events are conducted to promote consumer
protection, maintain a fair and competitive marketplace, and
provide educational opportunities to industry stakeholders and
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licensees.
The Bureau is responsible for ensuring thermal insulation products
offered for sale in California perform at the level stated by the
manufacturer. The Bureau licenses thermal insulation
manufacturers, certify thermal insulation products, and conduct
periodic compliance testing of samples. If the Bureau finds
thermal insulation products that do not perform as certified and
are found to be in violation, it has the authority to order that
the product be withheld from sale and take action against the
manufacturer.
5.Revision of Furniture Flammability Standards. On June 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 and eliminating, wherever possible,
dangerous chemicals." The Bureau has noticed the proposed
regulatory change and held a public hearing on the proposed
regulations in March 2013.
While the updated requirements for furniture will reduce exposure to
chemical flame retardants, they are still widely used in building
insulation. These chemicals are common in the various types of
"foam" insulation (i.e., polystyrene, polyisocyanurate, and
polyurethane) that are commonly used in green building projects.
6.Green Chemistry Initiative. The California Green Chemistry
Initiative was launched in 2007, as an effort by the California
Environmental Protection Agency (Cal/EPA) and DTSC. Goals of the
Green Chemistry Initiative include developing a consistent means for
evaluating risk, reducing exposure, encouraging less-toxic
industrial processes, and identifying safer, non-chemical
alternatives. In December of 2008, DTSC released its California
Green Chemistry Initiative "Final Report," which included six policy
recommendations for establishing a comprehensive green chemistry
program in California. Since that time, a Green Ribbon Science
Panel was created (AB 1879, Feuer, Chapter 559, Statutes of 2008) to
advise DTSC, regarding science and technical matters for reducing
adverse health and environmental impacts of chemicals used in
commerce, encouraging the redesign of products, manufacturing
processes, and to assist in developing green chemistry and chemicals
policy recommendations and implementation strategies; and, advise
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DTSC on the adoption of regulations and priorities regarding
hazardous chemicals.
Ultimately, the work of DTSC, in conjunction with the Green Chemistry
Initiative and the Green Ribbon Science Panel, appears to have the
potential to make the changes envisioned by the current bill
irrelevant, or even misplaced.
However, some are quick to argue that the results from the Green
Chemistry efforts regarding fire retardants and environmental safety
are still years away from showing fruitful results, and the
recommendations could replace one fire retardant with another that
may have as bad or worse of an impact on health concerns.
An LA Weekly News article (December 9, 2010) captured the skeptical
view of critics of the Green Chemistry Initiative, indicating that
environmental activists "say the [green chemistry initiative] won't
remove toxic products from the shelves and will create 'paralysis by
analysis,' as industries can litigate against DTSC over unfavorable
department decisions. Activists say California was poised to lead
the way on toxics regulation, but is now faced with potentially one
of the weakest chemical-regulatory mechanisms in the nation."
The Author's staff counters that what AB 127 seeks to accomplish
would not fall under the DTSC's Green Chemistry Initiative for
several reasons: First, Green Chemistry can only regulate products
that don't fall under the authority of another regulatory agency (SB
509, Simitian, 2008), and AB 127 addresses flammability standards
which falls under the authority of the SFM, and thermal insulation
regulation falls under the authority of the Bureau. Second, the
bill addresses flammability standards, which is not what Green
Chemistry is about. Green Chemistry regulation is chemical-product
driven, while AB 127 is designed to apply to the whole building
industry as it relates to fire safety. These are conflicting
objectives. Finally, DTSC's Green Chemistry has its own protocol
for identifying priority chemicals, and if AB 127 were instead
amended to specify that flame retardant chemicals should be
considered first, there are so many of them that it would still take
several years to address our human and environmental health
concerns, according to the Author's staff.
7. Higher Levels of Flame Retardants. The Author's office contends
that there are higher levels of flame retardants in Californians,
citing two articles in Scientific journals: The Environmental
Science and Technology, states in a 2010 editorial "Are PBDEs an
environmental equity concern? Exposure disparities by
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socioeconomic status"
"There has been a surge of new research highlighting the
potential health consequences of polybrominated diphenyl ethers
(PBDEs), brominated flame retardants which have been added to
consumer products since the 1970s to reduce flammability of
electronics and furniture. Due to their persistent nature and
tendency to bioaccumulate, these compounds are ubiquitous and
have been detected inhuman tissues, marine mammals, house dust,
and virtually any biological or environmental media taken from
anywhere on the planet.
"Exposure assessment studies have documented body burden levels
in various populations and investigated contributors of human
exposure. These studies suggest that PBDE exposures are not
homogeneous across diverse groups. For example, recent studies
have shown higher exposures among young children compared to
adults (1). This finding is consistent with exposure profiles of
other environmental contaminants, such as lead, where dust is an
important exposure media; indeed, children spend more time close
to the ground and engage in hand-to-mouth behavior which may
increase their dust intake. There are also significant
geographic differences in PBDE exposures with much higher serum,
breast milk, and house dust levels reported in the U.S. compared
to Europe. Within the U.S., PBDE congeners characteristic of
penta-BDE (e.g., BDE-47, -99, and -100) occur at higher
concentrations in house dust and blood samples collected from
Californians compared to other U.S. residents."
A 2008 study reported in Environmental Science and Technology,
indicates that dust from California homes had 4-10 times higher
levels of PBDEs than other places in North America, and Californians
had on average twice the amount of PBDEs in their blood than other
Americans.
Environmental Health Perspectives, reports a 2013 study titled "In
Utero and Childhood Polybrominated Diphenyl Ether (PBDE) Exposures
and Neurodevelopment in the CHAMACOS Study" stating that "California
children's exposures to polybrominated diphenyl ether flame
retardants (PBDEs) are among the highest worldwide." The study
further asserts that PBDEs are known endocrine disruptors and
neurotoxicants in animals.
8.Health Effects Upon Firefighters. The San Francisco Firefighters
Cancer Prevention Foundation (Foundation) was established in 2006
after the occurrence of Transitional Cell Carcinoma in three
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firefighters from a single San Francisco fire station. The
Foundation is dedicated to the early detection and prevention of
cancer in both active and retired firefighters. The Foundation has
also been involved in several studies. The first study (published
in 2007) was conducted by the Department of Urology at the
University of California San Francisco and identified bladder cancer
rates in the San Francisco Fire Department greater than the
population in general, and of major concern for the entire
firefighting profession. A second study is currently being
conducted by the Centers for Disease Control and Prevention looking
at causes of death in firefighters from San Francisco, Chicago, and
Philadelphia.
A third peer reviewed study was published in Chemophere in 2012. The
study looked at the levels of persistent organic pollutants
including polychlorinated and polybrominated dibenzo-p-dioxins and
dibenzofurans in the blood of 12 firefighters. The firefighters
study showed levels of PBDEs over 30% higher than the general
population of California and over 60% higher than the general
population of the United States.
Dr. Susan Shaw, the study's lead scientist, stated, "Our study provides
clear evidence that firefighters are exposed to high levels of
cancer-causing chemicals including brominated flame retardants and
their combustion by-products - dioxins and furans - that are formed
during fires by the burning of flame-retarded foam furniture,
televisions, computers and building materials. Firefighters have
much higher levels and different patterns of these chemicals in
their blood than the general population. There is no doubt that
firefighting is a dangerous occupation. What we have shown here
points to the possible link between firefighting and cancer."
According to Dr. Shaw, the findings underscore the need for stronger
regulations to protect not only firefighters but all Americans from
exposure to toxic, carcinogenic chemicals in everyday consumer
products.
This bill specifies that the flammability standards shall "ensure that
there is adequate protection ... for occupants of the building and
any firefighters who may be in the building during a fire."
9.Effects Upon Trade Groups. Although there are no known studies
evaluating the effects of installing insulation upon those involved
in the construction, or home improvement trade, a study reported in
Environmental Science and Technology in 2008, of workers in the foam
recycling industry and carpet installers in the United States, found
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that an increased exposure to PBDEs may be expected to occur during
the recycling of polyurethane foam containing these chemicals. The
study also found that total PBDE levels were significantly higher in
the individuals recycling foam and installing carpet relative to the
control group. The data suggests that individuals recycling
foam-containing products, and/or using products manufactured from
recycled foam (i.e., carpet padding), have higher body burdens of
PBDEs and thus may be at higher risk from adverse health effects
associated with brominated flame retardant exposure.
A second study reported by Environmental Science and Technology in
2007, which focused on electronics dismantling workers in South
China, found higher levels of chemical consecrations that for other
populations.
While not focused upon the installation of insulation products, these
studies serve to illustrate concern with working with products which
may contain harmful chemicals.
10.Validity of Health Risks. The American Chemistry Council (ACC), as
opponents of this measure counter the concerns about health effects
of flame retardants raised by proponents by arguing that the
presence of a chemical in the body does not necessarily imply that
it has a harmful effect. The cite the US Centers for Disease
Control and Prevention as stating "Just because we can detect levels
of an environmental chemical in a person's blood or urine does not
necessarily mean that the chemical will cause effects or disease.
Advances in analytical chemistry enable us to measure low levels of
environmental chemicals in people, but separate studies of varying
levels of exposure determine whether specific levels cause health
effects."
ACC further contends that many of the cited studies which proponents
link to harmful effects of chemicals upon humans focus upon
chemicals that are no longer used in California.
ACC further cites a May 2008 European "Summary Risk Assessment
Report" of "TRIS(2-Chloro-1-Methylethyl) Phosphate (TCPP), which
draw in its overall conclusions that "there is at present no need
for further information and/or testing and no need for risk
reduction measures beyond those which are being applied already."
11.Prior Legislation. AB 2182 (Lee, 1994) would have required the
Bureau to establish standards for loosefill (cellulose) insulation.
The bill sought to address flame retardant shortfalls in loosefill
cellulose insulation. ( Status : This bill was vetoed by the
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Governor.)
SB 147 (Leno, 2011) would have required the Bureau, on or before March
1, 2013, to modify Technical Bulletin 117 regarding product
standards for fire retardant furniture to include a smolder
flammability test to provide an alternative method of compliance
that can be met without the use of chemical fire retardants and that
does not compromise fire safety. The bill would have further
authorized the Bureau Chief to additionally exempt polyurethane foam
from the fire retardant requirements. ( Status : This bill failed
passage in this Committee.)
SB 1291 (Leno, 2010) would have required the Department of Toxic
Substances Control to include, as a chemical under consideration,
any chemical that is used, or is proposed to be used, as a flame
retardant, in accordance with the review process (Green Chemistry
Process)
under the current chemical of concern regulations. ( Status : That bill
was placed on the inactive file on the Senate Floor and died on
file.)
SB 772 (Leno, 2009) would have exempted "juvenile products," as
defined, from the fire retardant requirements pursuant to federal
law and the regulations of the Bureau of Home Furnishings and
Thermal Insulation (Bureau), except that the Bureau could have, by
regulation modified this exemption if the Bureau determined that any
juvenile products posed a serious fire hazard. ( Note : the
provisions of this bill have been largely implemented through
regulation by the Bureau effective December 29, 2010.) ( Status :
This bill died in the Assembly Appropriations Committee.)
AB 706 (Leno, 2008) commencing July 1, 2010, would have required
bedding products to comply with certain requirements, including that
they not contain a chemical or component not in compliance with
alternatives assessment requirements as specified, and required the
DTSC to develop and adopt methodology for the coordination and
conduct of an alternative assessment to review the classes of
chemicals used to meet the fire retardancy standards set by the
Bureau, and to meet other requirements as specified. ( Status : This
bill failed passage on the Senate Floor.)
AB 2197 (Mitchell, 2012) would have revised the flammability standards
for seating furniture and instead require all seating furniture sold
or offered for sale to meet a smolder flammability test rather than
an open flame-test. ( Status : This bill died without being heard in
the Assembly Environmental Safety and Toxic Materials Committee.)
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12.Arguments in Support. In sponsoring the bill, the United States
Green Building Council California (USGBC) states that the Bureau has
done a commendable job recently executing the updating of Technical
Bulletin 117 on furniture foam and arriving at a healthier standard
for upholstered furniture and indoor air quality. USGBC believes AB
127 will help California also lead the way to efficient, green
building materials that are BOTH healthy for inhabitants, installers
and emergency responders AND part of a fire safe built environment.
A number of proponents of this measure Breast Cancer Action , Breast
Cancer Fund , Center for Environmental Health , City of Albany City
Council , City of El Cerrito , Consumer Federation of California ,
Development Center for Appropriate Technology (DCAT) , Environment
California , Hawley Peterson Snyder , Episcopal diocese of California ,
the Commission for the Environment , Lake/Flato Architects , Natural
Resources Defense Council (NRDC) , the Northern California Chapter of
Architects/ Designers/ Planners for Social Responsibility ,
Physicians for Social Responsibility - Los Angeles , Siegel & Strain
Architects , Sierra Club California , contend: "Plastic foam
insulation is used in buildings to achieve energy efficiency goals.
Flame retardant chemicals are added to these materials in an attempt
to reduce fire risk. Unfortunately, these same flame retardants can
escape from the insulation throughout its life cycle and end up in
our indoor and outdoor environments . . .Finally, there are no good
ways to dispose of insulation with these flame retardants without
further polluting our environment. Together these concerns are cause
for action."
The Association of Regional Center Agencies (ARCA) believes this bill
will help reduce the presence of various flame retardant chemicals
in home insulation, stating, "While in most circumstances extant
thermal barrier requirements provide enough fire safety, these
chemicals are still required in foam-plastic insulation materials.
Those materials can and still do catch fire, and when they do, they
produce a variety of hazardous combustion products."
The Green Science Policy Institute states, "AB 127 recognizes the
potential adverse health effects of chemical flame retardants used
in most foam plastic building insulations and calls for a code
revision to reduce their use. Once implemented, AB 127 can ensure
the fire-safety of buildings and support energy efficiency while
reducing the harm from flame retardants."
Rebecca D. Kaplan, Council President Pro Tempore, City of Oakland ,
states that this legislation would make building insulation safer
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and less toxic without reducing fire safety. Reducing the use of
these toxic chemicals will enable us to avoid negative impacts to
public health and the environment.
San Francisco Bay Area chapter of Physicians for Social Responsibility
(SFPSR) and the Silicon Valley Toxics Coalition write, "Here in
California, the ubiquitous presence of flame retardants in our
environments and in our bodies is well documented. We have higher
levels of flame retardants in our bodies than anywhere else in the
United States, and much higher levels than in Europe. The potential
for these chemicals to adversely affect our health, and especially
the health of our children, is cause for concern. Additionally,
once the flame retardants do catch fire, they are toxic to breathe
in, which can cause harm to emergency responders."
The Trauma Foundation writes, "Given the toxicity concerns surrounding
flame retardants, it is time for the code to be updated so that
flame retardant chemicals are not required when they add no fire
safety benefit."
13.Arguments in Opposition. A number of opponents including the
American Chemistry Council , the California Chamber of Commerce , the
California Manufacturers and Technology Association , the Center for
the Polyurethanes Industry , the Expanded Polyurethanes Industry , the
Extruded Polystyrene Foam Association , the Chemical Industry Council
of California , the Spray Polyurethane Foam Alliance , and the Dow
Chemical Company , among others have written a joint letter in
opposition to the bill.
The letter argues that as drafted, the bill:
Fails to recognize existing state law governing chemicals used
in consumer products. In 2008, the Legislature adopted
comprehensive laws to assess chemicals used in consumer products,
granting authority to DTSC to restrict or prohibit the use of
certain chemicals if deemed necessary. DTSC is expected to
finalize the implementing regulations later this year.
Does not take into consideration new chemical flame retardant
safety assessments being conducted by the federal Environmental
Protection Agency (EPA). Earlier this year, the EPA announced
that it will conduct chemical risk assessments on "23 commonly
used chemicals, with specific focus on flame retardant chemicals,
in order to more fully understand potential risks to people's
health and the environment."
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Lacks scientific rigor as it relates to the SFM analysis of
chemical retardants. The bill requires the SFM to give "full
consideration" to human and ecological health impacts associated
with chemical flame retardants, however it does not define "full
consideration" nor does it provide any clarity or guidance
regarding any scientific assessments the SFM must conduct.
Could unintentionally impact the cost and availability of
energy efficient building insulation. The use of insulation in
homes, offices and public buildings is an important component of
energy efficient construction. Among the insulating materials
available, polystyrene foam boards, rigid polyurethane foam
panels, and spray polyurethane foam are accepted and standard in
the building and construction industry because these products
perform well and are cost-effective. While spray foam insulation
and rigid foam panels allow builders to meet national and state
energy efficiency requirements, they must also conform to fire
safety standards. Discouraging the use of certain high
performance energy saving material can dramatically affect the
state's profile as a leader in energy efficiency and seriously
impact overall construction costs and reliability in California
buildings.
1.Proposed Author's Amendments. The Author is proposing the following
amendments to be adopted in Committee:
a) Currently the bill requires the SFM and the Bureau to propose
the revised standards by January 1, 2013. The Author will offer
amendments to delay that date six months.
On page 4, line 17, strike out, "January" and insert: July
b) The Author's office indicates that the May 29, 2013 amendments
which removed the Legislative intent language, struck out the
references to insulation materials. The following Author's
amendment clarifies that the updated flammability standards are
"insulation flammability standards."
On page 4, line 19, after "updated" insert: insulation.
1.Suggested Author's Amendments. The Committee may wish to consider
the following amendments to clarify the focus and effect of the
bill:
a) Specify that the State Fire Marshall shall also consult with
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the Department of Toxics and Substance Control in addition to
consulting with the Bureau.
On page 4, line 17, after "and Thermal Insulation," insert: "and
the Department of Toxic Substances Control"
b) Clarify that the California Building and Standards Commission
is not required to take any specific action on the flammability
standards proposed by the SFM.
On page 4, amend lines 18 through 20 as follows: adoption
consideration by the California Building Standards Commission , at
the sole discretion of the Commission, updated flammability
standards that accomplish both of the following:
NOTE : Double-referral to Rules Committee second.
SUPPORT AND OPPOSITION:
Support:
United States Green Building Council California (Sponsor)
Association of Regional Center Agencies
Breast Cancer Action
Breast Cancer Fund
California Professional Firefighters
Center for Environmental Health
City of Albany City Council
City of El Cerrito
City of Oakland, Council President Pro Tempore
Clean Water Action
Coalition for Clean Air
Consumer Federation of California
Developmental Center for Appropriate Technology
Environment California
Episcopal Diocese of California, Commission on the Environment
Fire Science and Technology, Inc.
Green Science Policy Institute
Hawley Peterson Snyder
Lake/Flato Architects
Natural Resources Defense Council
Northern California Chapter of Architects/Designers/Planners for
Social Responsibility
Physicians for Social Responsibility - Los Angeles
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Physicians for Social Responsibility, San Francisco Bay Area Chapter
San Francisco Firefighters Cancer Prevention Foundation
Siegel & Strain Architects
Sierra Club California
Silicon Valley Toxics Coalition
Trauma Foundation
2 Individuals
Opposition:
California Professional Association of Specialty Contractors
5-Star Performance Insulation
All Seasons Insulation, Inc.
American Chemistry Council
American Chemistry Council
Arnett Enterprises
BASF Corporation
Bayer Material Science, LLC
Best Contracting Services
Burtin Polymer Laboratoires, Inc.
California Chamber of Commerce
California Conference of Carpenters
California Manufacturers and Technology Association
Center for the Polyurethanes Industry
Central Coating Company, Inc.
Chemical Industry Council of California
CIServices, Inc.
Clayton Corporation
Cool Roof Systems
Demilex USA LLC
Diamond Liners, Inc.
EIFS Industry Member Association
Expanded Polystyrene Industry Alliance
Extruded Polystyrene Foam Association
Graco Incorporated
Graco Western
Henry Company
Huntsman Corporation
ICL Industrial Products America, Inc.
Icynene
Industrial Environmental Association
Insulate SB, Inc.
Insulfoam
Lapolla Industries, Inc.
National Coatings Corporation
NCFI Polyurethanes
AB 127
Page 17
Owens Corning
Pactiv Corporation
Polyisocyanurate Insulation Manufacturers Association
Premium Spray Products
Quadrant Spray Foam Technologies
Roofing Contractors Association of California
SDI Insulation
Spray Foam Coalition
Spray Polyurethane Foam Alliance
Steve Easley & Associates
SWD Urethane
The Dow Chemical Company
West Development Group
Western Pacific Roofing Corp
Western Pacific Roofing, Inc.
Western Wall & Ceiling Contractors Association
Consultant:G. V. Ayers