BILL ANALYSIS �
-----------------------------------------------------------------
|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 Le�n, 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 9/4/13)
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
International Longshoreman and Warehouse Workers Union, Local 6
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 9/11/13)
All Seasons Insulation, Inc.
Arnett Enterprises
Bayer Material Science, LLC
California Professional Association of Specialty Contractors
Clayton Corporation
Premium Spray Products
Roofing Contractors Association of California
SDI Insulation
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
CONTINUED
AB 127
Page
7
emergency responders AND part of a fire safe built environment.
The 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, 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."
CONTINUED
AB 127
Page
8
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
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 : No letters on file.
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 Hern�ndez,
Jones-Sawyer, Levine, Lowenthal, Medina, Mitchell, Mullin,
Muratsuchi, Nazarian, Pan, Perea, V. Manuel P�rez, Quirk,
Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting, Weber,
Wieckowski, Williams, Yamada, John A. P�rez
NOES: Achadjian, Allen, Bigelow, Ch�vez, 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 9/11/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED
AB 127
Page
9
CONTINUED