SPFAdvocacy Alerts




 


FEDERAL


 
STATE

Missouri Introduces Bill to Limit  Insulation and Air Sealing Requirements



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.   

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. Any ordinance, resolution, regulation,
 
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.


 


NEW PFAS Regulations in Maine - Effective 1/1/23

URGENT ACTION NEEDED!


The current Maine PFAS regulations will likely require your firm to submit sales or content data to the State of Maine beginning January 1, 2023 for spray foam and its blowing agents due to its overly broad chemical definition.  

SPFA highly recommends that  ALL SPF companies doing business in Maine should file for the Maine PFAS reporting extension before November 30th by clicking on this Maine State Chamber of Commerce button below: 


ABOUT THE LAW

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. Details about enforcement of the new law were published over the past few weeks via stakeholder webinars.  More information about this new regulation can be found here:

  1. PFAS in Products, Maine Department of Environmental Protection
  2. Recording of the October 27, 2022 stakeholder webinar



WHAT IS PFAS?

PFAS (poly-fluoroalkyl substances) are chemical compounds that contain one fully fluorinated carbon atom.  Presently, the overly-broad PFAS definition under the Maine law includes HFC and HFO blowing agents used in closed-cell SPF. PFAS chemicals may also be present in o-rings/gaskets, coatings and packaging used in the SPF industry.


HOW TO STAY COMPLIANT

With less than 60-days before the start date, the PFAS reporting process in Maine is not well-defined. It is not clear who is defined as a manufacturer. Companies including systems houses, chemical suppliers, equipment suppliers, distributors, and contractors that ship, sell or install PFAS-containing products may be responsible for reporting. 

Until the reporting process and responsibilities are better defined, all members of the SPF industry doing business in Maine should immediately file for a six-month extension to the PFAS reporting requirement.  This will keep your business in compliance with the new PFAS regulations that go into effect January 1. This extension can be done online and takes only a few minutes through the Maine Chamber of Commerce button above. Once your extension has been approved, your company will be added to the Maine approved manufacturers list.

 
STAY TUNED


SPFA, working with the Spray Foam Coalition and the American Chemistry Council, will continue to work on this issue, and will keep its members informed of any new developments via emails and updates on this webpage. 

 



Significant Energy Code Rollbacks in ID Impact Insulation and Air-Barrier Requirements

Background:

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". 

The Building Code Board will meet August 16th at 9:00 AM MT.  Agenda and details can be found HERE.   


SPFA's Position:


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:

SPFA is asking SPFAdvocacy Network members in Idaho to send the email message (click link below) to Mr. Michael Hyde, Board Executive Officer by close-of-business August 12, 2022.


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!



Background:

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:

SPFA is asking SPFAdvocacy Network members in California to send the email message (shown on right - click SEND EMAIL) to your representatives in the California Assembly regarding AB 2247 by August 12, 2022.

UPDATE 9/12/22:   The PFAS bill has been approved by the CA legislature.   It its awaiting signature by Gov. Newsom.   SPFA is asking SPFAdvocacy Network members living in California to send the prepared email message to Gov. Newsom urging him to veto AB 2247 by ASAP.  The link to this email is below:
 

 


PFAS Legislation in ME Impacts Closed-Cell SPF


In July 2021, legislators in Maine approved a broad PFAS regulation that requires immediate reporting of PFAS chemicals and a BAN on all products containing added PFAS chemicals by 2030 unless PFAS used can be justified. 

On July 18, SPFA submitted solicited comments to the ME legislature specific to the impact this regulation will have on closed-cell SPF in the state of ME.

 
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.  This includes HFO and HFC blowing agents used in closed cell SPF.
  • Creates mandatory disclosure of PFAS in all products that contain a single fully fluorinated carbon atom .
 
SPFA is asking membership stand by at the present time.  The situation is being monitored by SPFA, SFC and the American Chemistry Council.  ME residents should be ready to submit comments to their individual legislators through the SPFAdvocacy Network when needed.
 

 


PFAS Legislation in MN Impacts Closed-Cell SPF

-- UPDATE --

May 22, 2022 12:01 AM CT: As of this time, the Minnesota legislature adjourned Sunday without passing MN SF 4062 out of either chamber. The Conference Committee did pass an agreed upon version at 11:59pm (viewable here), but the clock had run out for any floor action. The agreed upon version does not contain any of the PFAS items highlighted in the previous action alert. Focus is now on the Governor as to whether he will call the legislature back for a special session, which he has stated many times in the past weeks he does not want to do. It is likely that if a special session is called, only the agreed upon language that was on the floor would be on the table for passage. Additional updates will be provided. 
 
Thank you to all the SPFAdvocacy Network members who engaged on this bill over the course of the session. Your efforts were extremely helpful in getting this preferred outcome and our write-in campaign to the Conference Committee was duly noted by ACC!


Legislators in Minnesota are currently negotiating the state’s omnibus environmental budget in conference committee, and the House version (HF 4492) contains language that would ban multiple uses of PFAS. SPFA is organizing opposition to the PFAS provisions from the House found in the conference version of SF 4062.
 
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.
  • Creates mandatory disclosure of PFAS in all products that contain a single fully fluorinated carbon atom .
 
SPFA is asking membership to send letters to Senate Conferees opposing the PFAS provisions from the House conference version of SF 4062 by Tuesday, May 17.
 
  • Suggested language to include in your letters: Say NO to overly broad PFAS bans in consumer products, mandatory written disclosure to MN Pollution Control Agency for all products that contain PFAS, a ban on class B firefighting foam, and an unnecessary legislative mandate for administrative rules on PFAS HRLs and water quality standards (PCA and Dept. of Health already have that authority).

 


MD Bill Could Eliminate use of SPF in WAP Projects


*** UPDATE ***


February 9, 2022 3:00 PM ET - SPFA has been assured by MD Delegate Charkoudian, sponsor of MD HB-108, that the language prohibiting the use of insulation and air sealing products containing chemical sensitizers (SPF) from will be removed from the bill before it goes to the House Committee on Economic Matters on February 10th. 

This is great news! With this amendment, there is no further action needed at this time. SPFA thanks each of you that participated in this important campaign. Collectively you helped to save SPF in Maryland.

 


There are two identical bills in the Maryland legislature that impact the use of SPF.  These bills, if passed, would ban the use of thermal insulating materials for weatherization assistance programs that include formaldehyde or any substance that is a Category 1 respiratory sensitizer as defined in 29 CFR Part 1910 (Appendix A).   The latter restriction would preclude the use of all SPF insulation and sealants.  

The Maryland House of Delegates Bill HB 108will be heard on February 10 at 1 PM by the House Committee on Economic Matters.   An identical Senate Bill SB 524 has been scheduled for a hearing in the Senate Finance Committee on February 15 at 1 PM.  

This bill is likely to pass without significant opposition from SPF stakeholders residing in or doing business in Maryland.

The Spray Polyurethane Foam Alliance opposes this bill and we need your help to contact key legislators in the MD Legislature no later than February 10th

 

 

NY Bill Impacts Closed-Cell SPF

 


A new bill, NY A 8491, bill was introduced to the Assembly Environmental Conservation Committee and would require manufacturers of products with intentionally added PFAS to report to the department as of Jan. 1, 2024. The bill bans carpets, rugs, cosmetic products, fabric treatment and personal care products with PFAS as of Jan. 1, 2025 and bans all products containing intentionally added PFAS as of Jan. 1, 2030, unless the department determines that the use is currently unavoidable. Here is the definition of PFAS:

 "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means substances that include any member of the class of fluorinated organic chemicals containing at least one fully flourished carbon atom.

Under this bill, PFAS ban would include fluorine-based blowing agents used in nearly all closed-cell SPF products.   

The Spray Polyurethane Foam Alliance opposes this bill and we need your help to contact your member of the New York Sate Assembly.








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