Proposed PFAS Legislation in MN Impacts Closed-Cell SPF
ABOUT THE BILL:
In late January, 2023, two companion bills were introducted, House Bill HF1000 and Senate Bill SF834, that propose significant restrictions on the use of PFAS (perfluoroalkyl and polyfluoroalkyl substances) in a broad range of products. These products include closed-cell SPF containing HFO blowing agents.
Working closely with the ACC, SPFA initiated an email campaign in March targeting key legislators to oppose these bills through the SPFAdvocacy Network. Additionally, 15 SPF industry members from MN attended a fly-in meeting on March 16 to meet with their elected representatives to express their concerns about these proposed PFAS regulations.
On May, 4, 2023, HF1000 and SF834 were combined into a larger omnibus bill, Minnesota HF 2310. Included was the A68 amendment, which contains all of the House PFAS provisions The only exemptions that were included were for FDA regulated medical devices and pharmaceuticals and pesticides (still must report to PCA, just no ban or testing). You can view the full agreement list here. If approved, this bill would be forwarded to Governor Walz for signature. It is unlikely that this bill would be vetoed by the governor.
ISSUES FOR SPF:
- Defines PFAS as substances that include any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
- Creates mandatory disclosure of PFAS in all products that contain a single fully fluorinated carbon atom.
- Beginning 1/1/25, sale of several consumer products (not including SPF) containing intentionally-added PFAS will be prohibited.
- Beginning 1/1/26, all products containing intentionally-added PFAS will be subject to extensive reporting requirements by manufacturers.
- Beginning 1/1/32, sale of any products (including SPF) with intentionally-added PFAS will be prohibited.
- Specific product groups in the latter category may be exempt after review by the Commissioner of the Pollution Control Agency if the use of PFAS chemicals are proven to be unavoidable. The SPF industry would like to avoid this process if at all possible.
ACTION NEEDED:
None at the present time. The SPF industry will be monitoring a new bill proposed in ME to roll back existing PFAS regulations that are similar to those proposed in MN.
PFAS Regulations in Maine Impacts Closed-Cell SPF
ABOUT THE LAW:
The current Maine PFAS regulations require your firm to submit sales or content data to the State of Maine initially beginning January 1, 2023 for spray foam and its blowing agents due to its overly broad chemical definition. The reporting requirement for SPF has been postponed for 6 months.
In March 2023, LD 1214, was introduced, This PFAS reform bill that would provide clarification to Public Law 2021 chapter 477. It was discussed at an April 26 meeting of the ME Environment and Natural Resources Committee on .
LD 1214 makes the necessary changes to definitions in current law that would address concerns with certain PFAS chemistries while allowing critically important uses and benefits of these chemistries:
- Change the definitions of “intentionally added PFAS” and “PFAS”. The PFAS proposed definition would eliminate SPF blowing agents from the ME PFAS list.
- Change the written notification requirement to report to the department for products with intentionally added PFAS from Jan. 1, 2023 to Jan. 1, 2024 and designate CBI in accordance with State and Uniform Trade Secrets Act
- Remove the 2030 provision that would ban all products with intentionally added PFAS unless the department deems it an “unavoidable use.”
Working closely with the ACC, SPFA initiated an email campaign in April targeting key legislators to support LD1214. through the SPFAdvocacy Network.
ISSUES FOR SPF:
In July 2021, Public Law c. 477, “An Act To Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution” (LD 1503, 130th Legislature) was enacted by the Maine Legislature. This new law requires manufacturers of products with intentionally added PFAS to report the intentionally added presence of PFAS in those products to the Maine Department of Environmental Protection beginning January 1, 2023. In summary, PL 477 includes the following:
- Defines PFAS as substances that include any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
- Creates mandatory disclosure of PFAS in all products that contain a single fully fluorinated carbon atom.
- Beginning 1/1/23, sale of several consumer products (not including SPF) containing intentionally-added PFAS will be prohibited.
- Beginning 1/1/23*, all products containing intentionally-added PFAS will be subject to extensive reporting requirements by manufacturers.
- Beginning 1/1/30, sale of any products (including SPF) with intentionally-added PFAS will be prohibited.
- Specific product groups in the latter category may be exempt after review by the Commissioner of the Pollution Control Agency if the use of PFAS chemicals are proven to be unavoidable. The SPF industry would like to avoid this process if at all possible.
*A six-month extension for PFAS reporting was granted for most manufacturers of SPF. A complete list of products under this extension can be found here.
Details about enforcement of the new law were published in late 2022 via stakeholder webinars. Find more information about this new regulation at PFAS in Products, Maine Department of Environmental Protection
None at the present time. The SPF industry will be monitoring the progress of LD1214 and report any new developments via emails and updates on this webpage.
Missouri Introduces Bill to Limit Insulation and Air Sealing Requirements
ABOUT THE BILL:
On January 4, 2023, MO HB 580 was introduced, which "establishes a limit on the regulation of construction standards for insulation in new dwellings that political subdivisions may adopt and enforce".
This bill would essentially put a cap on how energy efficient homes can be. It represents a significant rollback of current model energy codes.
Working with ACC, SPFA sent a letter to Representative Jim Murphy on January 31 to oppose this bill.
May 15th: The current MO legislative session adjourned last Friday. HB 580 did not pass, nor was the language added onto any other bill. Thank you to all who worked their relationships in the state, offered technical feedback, and helped support our efforts.
IMPACT ON SPF:
Below are a couple points to note from the bill that directly impact the use of insulation and air sealing:
(1) Notwithstanding any other law to the contrary, no community shall adopt
any ordinance, resolution, regulation, code, or policy that:
(a) Prohibits, or has the effect of prohibiting, framed cavities in new dwellings from being used as ducts or plenums; or
(b) Requires, or has the effect of requiring:
a. New dwellings to have a wood frame wall cavity insulation R-value greater than thirteen;
b. New dwellings to utilize exterior continuous insulation;
c. New dwellings to have a ceiling insulation R-value greater than thirty-eight; or
d. New dwellings to have a maximum air leakage rate less than five air changes per hour.
(2) Nothing in this subsection shall be construed to prohibit the owner or purchaser of a dwelling from choosing to install, at such owner or purchaser's expense, any of the features described under subdivision of this subsection if feasible with the design of the dwelling.
ACTION:
SPFA will work with the Spray Foam Coalition and other insulation associations to monitor the progress of this new bill and ultimately oppose the current bill. Check back often for updates.
Significant Energy Code Rollbacks in ID Impact Insulation and Air-Barrier Requirements
ABOUT THE BILL:
The Idaho Legislature passed HB 660 earlier this year, which hands the governing authority over energy codes from the executive branch to the Idaho Legislature. Any formal recommendation approved by the Building Code Board would go on for final approval at the statehouse.
The State of Idaho’s Building Code Board met earlier this summer and heard a recommendation from the Idaho Division of Occupational and Professional Licenses to eliminate many provisions of the 2018 International Energy Conservation Code (IECC) that were previously adopted by the Board and subsequently ratified by the Legislature earlier this year. This proposal would reduce energy code regulations that include plumbing, HVAC, electrical systems as well as insulation and air leakage requirements - essentially removing all regulations in the energy code except those governing “life safety".
March 31: Despite efforts by the insulation and air sealing industry and other energy efficiency proponents, this bill was signed into law by Governor Little on March 28, 2023.
IMPACT ON SPF:
SPFA opposes the current proposal before the Board, and is requesting that the provisions of the 2018 IECC previously adopted by the Board remain intact. Specifically, SPFA believes:
- Support for the entirety of the code. Elements of buildings work together as a system to protect the life, health and well-being of occupants. The same goes for codes. Removing pieces can have an effect on the overall safety that buidling codes are intended to provide.
- Codes are cost effective as shown through Department of Energy analysis. Operational energy costs are crucial elements of affordable housing.
- Idaho utilities are already stressed by the extreme temperatures in the state. More energy use = the need for more energy generation and sources adding to the cost of energy for all constituents.
ACTION NEEDED:
PFAS Legislation in CA Impacts Closed-Cell SPF
-- UPDATE --
September 30, 2022: Governor Newsom vetoed CA AB2247, which would have established significant reporting requirements for products made with PFAS chemicals, which include fluorinated blowing agents used in almost all closed-cell SPF products. The bill faced opposition from many industries. The SPFAdvocacy Network contributed to this opposition, generating 43 emails to CA legislators and to Governor Newsom requesting a veto of the bill. Thank you to all of the advocates that participated on behalf of the SPF industry!
ABOUT THE BILL:
California legislators are currently finalizing California Assembly Bill AB2247, a bill that requires significant reporting requirements for products containing PFAS (perfluoroalkyl and polyfluoroalkyl substances).
The current language of the bill, contains an overly-broad definition of PFAS substances, which include HFO blowing agents used in closed-cell SPF insulation and roofing materials.
SPFA opposes the PFAS provisions as defined in AB2247.
Issues for spray foam blowing agents in this bill:
- Defines PFAS as substances that include any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
- Mandates disclosure and recordkeeping for manufacturers and installers of closed-cell SPF containing HFO blowing agents.
ACTION NEEDED:
None at present time.
