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Schwarzenegger Administration Defies Court Order, Moves to Approve Controversial Building Products without Environmental and Safety Tests

**News Release for Wednesday, August 1, 2005**

(Sacramento, CA) - Defying a November 2004 court decision ordering the state to conduct environmental tests on controversial plastic plumbing pipes before approving their widespread use, the Schwarzenegger administration is moving forward to allow builders and developers to use two plastic pipes without conducting the court-ordered testing. A coalition including Communities for a Better Environment, California Professional Firefighters Association, Sierra Club, Consumer Federation of California, Center for Environmental Health, California State Pipe Trades Council and the Planning and Conservation League share widespread concerns that PEX (cross-linked polyethylene) and CPVC (Chlorinated Poly Vinyl Chloride) pipes allow toxins to leach into drinking water, including chemicals linked to cancer, expose workers to dangerous solvent chemicals and increase fire hazards. When burned, CPVC pipe releases dioxin, a carcinogen that is among the most toxic chemicals known to science.

"All we are asking the Governor to do is obey the law," said Tim Frank of the Sierra Club. "What we already know about these products is enough to raise alarm bells. That's why Gov. Schwarzenegger should protect Californians by following the law and conducting the required environmental, health and safety tests."

On August 1, the Department of Housing and Community Development, headed by former building industry executive Lucetta Dunn, will hold a hearing on the proposed PEX and CPVC approvals following two months of public comments. Public health and consumer advocates say the administration is likely to illegally give the plastic pipes a green light without the required testing, citing a letter Dunn delivered to the state legislature before the public comment period began expressing her intention to approve the products. The hearing will be held on Monday, August 1 at 10:00AM at 2525 Natomas Park Drive, Suite 130 in Sacramento.

In November 2004, the California Court of Appeal in Los Angeles ruled that building products, particularly PEX, must undergo environmental review under the California Environmental Quality Act ("CEQA"). Nevertheless, Dunn's department has moved forward without regard to the court's decision. It has also attempted to weaken the Environmental Quality Act itself.

"Everyone, except wealthy builders and PEX and CPVC manufacturers, loses if the Governor sides with these special interests over legitimate public health and environmental concerns," said Ted Reed of the California State Pipe Trades Council. "We're only asking that the state look before leaping into a situation where our homes are built with pipes that allow dangerous chemicals to leach into our drinking water and that may prematurely rupture."

The building industry cites the use of PEX and CPVC in other states as reason enough for California to follow suit. Coalition attorney Daniel Cardozo says California shouldn't take its lead from other states. "California has a proud record of avoiding disasters that have occurred in other parts of the country because by law, we study potentially dangerous products before we approve them. We've saved California homeowners millions of dollars by avoiding the polybutylene (PB) plastic pipe disaster while homeowners in other states faced catastrophic failures costing over a billion dollars in damages."

Scientific studies have shown that, in addition to other hazards, PEX plastic pipes allow MTBE and benzene compounds to leach into drinking water, prematurely decay and rupture, and may allow fires to spread more rapidly through homes. CPVC shares many of the same hazards as PEX, such as leaching potentially cancer-causing chemicals into drinking water and increasing the risk of fires. CPVC also significantly increases air pollution emissions of chemicals that create ozone smog, and exposes plumbers who install the pipes to dangerous toxins.

In addition to the coalition, the following groups have written letters to the Department of Housing and Community Development opposing the administration's plans to approve either PEX or CPVC: Los Angeles and San Francisco City Attorney's Offices; Alan Lowenthal, Chair of Senate Committee on Environmental Quality; Gene Mullin, Chair of Assembly Committee on Housing and Community Development; Fran Parley, Chair of Assembly Select Committee on Air and Water Quality; Ira Ruskin Chair of Assembly Committee on Environmental Safety and Toxic Materials; and Loni Hancock, Chair of Assembly Committee on Natural Resources. Dozens of environmental organizations have also submitted comments opposing the administration's plans, including the Natural Resources Defense Council, San Francisco and Santa Monica BayKeepers and DeltaKeeper.

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