BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 127| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 127 Author: Skinner (D), et al. Amended: 9/3/13 in Senate Vote: 21 SENATE BUSINESS, PROF. & ECON. DEVELOP. COMM. : 6-1, 6/24/13 AYES: Lieu, Block, Corbett, Hernandez, Hill, Padilla NOES: Yee NO VOTE RECORDED: Emmerson, Galgiani, Wyland SENATE APPROPRIATIONS COMMITTEE : 5-2, 8/30/13 AYES: De León, Hill, Lara, Padilla, Steinberg NOES: Walters, Gaines ASSEMBLY FLOOR : 49-26, 5/30/13 - See last page for vote SUBJECT : Fire safety: fire retardants: building insulation SOURCE : United States Green Building Council California DIGEST : This bill requires the State Fire Marshal (SFM), in consultation with the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation (Bureau), to review flammability standards for building insulation materials; specifies that the SFM, by July 1, 2015, shall propose building standards that maintain overall building safety; and also makes legislative findings and declarations. ANALYSIS : CONTINUED AB 127 Page 2 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. 2. 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 the building, room, appliance, or structure. 3. Provides for the following under the Act: A. Authorizes the Bureau, with input from the California Energy Commission, the SFM, 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. B. Requires that any standards adopted relating to insulation material be submitted to the California Building Standards Commission (CBSC) for adoption into state building standards. 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. 4. Authorizes the SFM to develop building standards relating to fire and panic safety and submit those standards to the CBSC for approval. 5. 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 CBSC. These building codes serve as the basis for the design and construction of buildings in CONTINUED AB 127 Page 3 California. 6. Provides that if no state agency has the authority or expertise to propose green building standards applicable to a particular occupancy, the CBSC shall adopt, approve, codify, update, and publish green building standards for those occupancies. This bill requires the SFM, in consultation with the Bureau, to review flammability standards for building insulation materials, including whether the flammability standards for some insulation materials can only be met with the addition of chemical flame retardants. Requires the SFM, based on this review and if deemed appropriate, to propose, by July 1, 2015, updated insulation flammability standards for consideration by CBSC, to be adopted at the sole discretion of CBSC, that: 1. Maintain overall building fire safety; and 2. Ensure that there is adequate protection from fires that travel between walls and into confined areas, including crawl spaces and attics. This bill makes legislative findings and declarations relating to flammability standards. Background 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 polybrominated diphenyl ethers (PBDEs) measured in humans in the CONTINUED AB 127 Page 4 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," 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 CONTINUED AB 127 Page 5 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% higher than the general population in California, and 60% higher than the general population in the United States. Comments 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." FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No According to the Senate Appropriations Committee: Minor and absorbable cost from the Building Standards Administration Special Revolving Fund (special) to the SFM for the development of update insulation flammability standards. Minor and absorbable cost to the Bureau's Fund (special) consult with the SFM. SUPPORT : (Verified 8/30/13) United States Green Building Council California (source) Association of Regional Center Agencies Breast Cancer Action Breast Cancer Fund Breathe California California Professional Firefighters Californians for a Health and Green Economy Center for Environmental Health Cities of Albany and El Cerrito City of Oakland, Council President Pro Tempore Rebecca Kaplan Clean Water Action Coalition for Clean Air Commonweal CONTINUED AB 127 Page 6 Consumer Federation of California Development 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 Architecture Interiors Planning Lake/Flato Architects Natural Resources Defense Council Northern California Chapter of Architects/Designers/Planners for Social Responsibility Physicians for Social Responsibility, Los Angeles Physicians for Social Responsibility, San Francisco Bay Area Chapter San Francisco Firefighters Cancer Prevention Foundation San Francisco Water Power Sewer, Services of the San Francisco Public Utilities Commission Siegel & Strain Architects Sierra Club California Silicon Valley Toxics Coalition Trauma Foundation OPPOSITION : (Verified 8/30/13) 5-Star Performance Insulation All Seasons Insulation, Inc. American Chemistry Council Arnett Enterprises BASF Corporation Bayer Material Science, LLC Best Contracting Services Burtin Polymer Laboratories, Inc. California Chamber of Commerce California Conference of Carpenters California Manufacturers &Technology Association California Professional Association of Specialty Contractors Center for the Polyurethanes Industry Central Coating Company, Inc. Chemical Industry Council of California CIServices, Inc. Clayton Corporation Cool Roof Systems CONTINUED AB 127 Page 7 Demilex USA LLC Diamond Liners, Inc. Dow Chemical Company 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 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 West Development Group Western Pacific Roofing Corporation Western Wall & Ceiling Contractors Association ARGUMENTS IN SUPPORT : In sponsoring this 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 this bill 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. The Breast Cancer Action, Breast Cancer Fund, Center for CONTINUED AB 127 Page 8 Environmental Health, City of Albany City Council, City of El Cerrito, Consumer Federation of California, Development Center for Appropriate Technology, Environment California, Hawley Peterson Snyder, Episcopal diocese of California, the Commission for the Environment, Lake/Flato Architects, Natural Resources Defense Council, the Architects/Designers/ Planners for Social Responsibility, Northern California Chapter, Physicians for Social Responsibility - Los Angeles, Siegel & Strain Architects, and 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 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 bill makes building insulation safer 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." The San Francisco Bay Area Chapter of Physicians for Social Responsibility and the Silicon Valley Toxics Coalition write, "Here in California, the ubiquitous presence of flame retardants CONTINUED AB 127 Page 9 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." ARGUMENTS IN OPPOSITION : 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, in a joint letter argue that as drafted, this 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." 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 CONTINUED AB 127 Page 10 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. ASSEMBLY FLOOR : 49-26, 5/30/13 AYES: Alejo, Ammiano, Atkins, Bloom, Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chesbro, Cooley, Dickinson, Eggman, Fong, Garcia, Gatto, Gomez, Gonzalez, Gordon, Hall, Roger Hernández, Jones-Sawyer, Levine, Lowenthal, Medina, Mitchell, Mullin, Muratsuchi, Nazarian, Pan, Perea, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting, Weber, Wieckowski, Williams, Yamada, John A. Pérez NOES: Achadjian, Allen, Bigelow, Chávez, Conway, Dahle, Donnelly, Fox, Beth Gaines, Gorell, Grove, Hagman, Harkey, Jones, Linder, Logue, Maienschein, Mansoor, Melendez, Morrell, Nestande, Olsen, Patterson, Wagner, Waldron, Wilk NO VOTE RECORDED: Daly, Frazier, Gray, Holden, Vacancy MW:d 9/1/13 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED AB 127 Page 11 CONTINUED