For Immediate Release: August 3rd, 2006

Coalition Calls on Governor to Protect Consumers

NEWS RELEASE

Environmental, Labor and Consumer Advocates Call on Gov. Schwarzenegger to Honor His Pledge to Protect Californians and Our Environment

**For Immediate Release for Thursday, August 3, 2006**

For more information: Jessica Nusbaum, 415-901-0111/jnusbaum@fenton.com

Concerns Raised as State Agency Releases Flawed Draft Environmental Report Proposing Expanded Use of Potentially Hazardous Plastics in Homes

Groups assert agency’s actions an example of the building industry’s undue influence over construction policy

SACRAMENTO — A group of environmental, labor, and consumer advocates expressed serious concerns today about a state agency’s plans to expand the use of potentially dangerous plastics in California’s homes, schools and office buildings and questioned the scientific validity of the agency’s draft environmental report on one of the products. They called on Governor Schwarzenegger to uphold his pledge to put Californians and the environment first and urge the agency to withdraw its proposals – which could expose millions of Californians to building materials known to leach toxics into drinking water, rupture prematurely and spread fires more quickly.

Earlier this week, Housing and Community Development, the state agency that adopts building code and land use policy, announced its intention to weaken health and safety requirements in the state’s Building Standards Code when it comes up for a tri-annual review this fall. Government documents obtained through a California Public Records Act request and a newly released environmental impact report (EIR) both indicate that the agency will try to remove restrictions on the use of several dangerous plastic pipe building materials.

Environmental, labor, fire safety and consumer advocates oppose these products because of evidence that they may leach toxics into drinking water, rupture prematurely, increase the risk of fire in homes, are not recyclable, and harm workers who manufacture and install these products. Nonetheless, the building industry has lobbied aggressively for the policy change for years, in part because these cheaper materials increase builder profits. The homeowner typically pays the price for the building industry’s corner cutting later.

"We urge Governor Schwarzenegger to put Californians first," said Tim Frank of the Sierra Club. "We’re optimistic that once the Governor understands what’s at stake for the people of California, he’ll do the right thing."

Spokespeople from Planning and Conservation League, Consumer Federation of California, Center for Environmental Health and the California State Pipe Trades Council were on hand for the announcement.

"In terms of fire safety, allowing the use of these plastics would create a significant new danger for Californians," the California Professional Firefighters acknowledged in a submitted statement. "These plastics make fires spread more quickly, giving us less time to save families from burning homes and buildings." The groups voiced particular concern about HCD’s environmental impact report (EIR) on CPVC plastic released earlier this week. Studies conducted by UC Berkeley laboratories for the State of California have found that when used in construction pipes, CPVC can leach toxic chemicals that may cause cancer in humans into drinking water. Studies also show that during installation CPVC solvent glues emit significant pollutants that contribute to California’s already terrible air quality. Despite these dangers, the Schwarzenegger administration tried to push through statewide approval of CPVC pipes last summer without conducting the legally-required environmental impact report. The groups successfully demanded that the administration fulfill its legal responsibility to conduct an EIR, and the long-awaited draft was released on Tuesday, August 1. According to advocates, however, several significant deficiencies and sources of bias in the EIR call its validity into question. While EIRs are normally paid for by the product manufacturer, HCD is funding the study entirely with taxpayer dollars. In developing the EIR, HCD conducted no original scientific research or analysis, but rather relied upon informal consultations with plastics manufacturers. Additionally, while credible EIRs rely on impartial scientists to evaluate a project’s potential impacts, a lawyer for the agency with no experience in plastics hazards wrote the entire EIR based on little more than industry input. "This environmental impact report has the scientific integrity of President Bush’s global warming policy," said Gary Patton, Executive Director of the Planning and Conservation League. The coalition also expressed concern that HCD plans to pursue statewide approval of two other types of hazardous plastics through the Building Standards Code revision. In direct violation of a court order, HCD is proposing the approval of PEX without an EIR, and is also proposing removing a restriction on the use of ABS plastics, which are currently allowed only in buildings two stories or less because they accelerate the spread of fire, making them unsafe for use in taller buildings. "The way this state agency is pushing potentially hazardous plastics when we all know the harm they can cause is among the clearest and most troubling indications of the building industry’s undue influence on HCD," said Zack Kaldveer, communications specialist at the Consumers Federation of California. Kaldveer noted that both Lynne Jacobs and Lucetta Dunn, the current and previous directors of HCD, were industry insiders and leaders of the Building Industry Association when Schwarzenegger appointed them to head the agency. As the Schwarzenegger administration pushes for expanded use of these toxic home products, recent reports in newspapers such as the San Francisco Chronicle have documented the failures and ruptures of these plastic pipes, including ABS. And USA Today reported recently that the nationwide trend is to reduce or eliminate toxic, unsustainable building materials and replace them with recyclable, 'greener' and healthier alternatives. Michael Green of the Center for Environmental Health summed up the coalition’s concerns: "from leaching toxic chemicals and rupturing prematurely to spreading fires more quickly, these plastics are dangerous for Californians and the environment. Plastic pipes only make sense for builders looking to maximize profits through cheap and fast construction, not for the millions of Californians that have to live with the consequences." "We hope that the Department of Housing and Community Development will reconsider these proposals," said Ted Reed, Executive Director of the California State Pipe Trades Council, which represents the plumbers who would be charged with installing the products. "angerous, unrecylable plastics should be reduced or eliminated from our homes, schools and workplaces, particularly where proven, safer alternatives exist."