Legislature(2011 - 2012)
03/16/2011 03:24 PM House L&C
| Audio | Topic |
|---|---|
| Start | |
| HB24 | |
| HB63 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 63-FLAME RETARDANTS AND TOXIC CHEMICALS
3:33:52 PM
CHAIR OLSON announced that the final order of business would be
HOUSE BILL NO. 63, "An Act relating to flame retardants and to
the manufacture, sale, and distribution of products containing
flame retardants; relating to bioaccumulative toxic chemicals;
and providing for an effective date."
3:34:03 PM
MIKE COUMBE, Staff, Representative Lindsey Holmes, Alaska State
Legislature, on behalf of Representative Holmes, explained that
HB 63 would ban the use of three chemicals which are
polybrominated diphenyl ethers (PBDEs), and would allow the
Department of Environmental Conservation (DEC) to monitor some
chemicals. In response to Chair Olson, he identified the
chemicals in question as pentaDBE, octaBDE, and decaBDE.
3:35:29 PM
BETHANY BUCHANAN, Nurse Practitioner; Member, Alaska Nurse
Practitioner Association (ANPA), stated that she is representing
the Alaska Nurse Practitioner Association (ANPA). She reported
that the ANPA supports banning these chemicals. She advised
that these chemicals are known as endocrine disrupters, which
can mimic estrogen and can adversely affect children. This may
cause issues for girls and boys including earlier breast
development and sperm development and can lead to infertility
issues for both sexes. She also reported that levels are 10 to
14 times higher than in Japan or Europe. The American Public
Health Association and International Fire Fighters Association
(IAFF) are both opposed to use of these chemicals. She referred
to a group of well over 100 scientists who published the "San
Antonio Statement on Brominated and Chlorinated Flame
Retardants." The publication addresses the growing concern in
the scientific community about the persistent, bioaccumulative,
and toxic properties of brominated and chlorinated organic flame
retardants (BFRs and CFRs) and the exposure to humans and
wildlife as a result of intensive use. Nearly 150 scientists
from 22 countries have signed the statement since it was
presented at the 30th International Symposium on Halogenated
Persistent Organic Pollutants (Dioxin 2010), held in September
2010 in San Antonio, Texas. She related her understanding that
the chemicals will be banned in 2014 but would be good to
protect children by starting the ban now.
3:37:44 PM
EMILY BREESE, Participant, Alaska Youth for the Environmental
Action (AYEA); Region II Representative, Alaska Association of
Student Government, stated that she is a junior at Tri-Valley
School in Healy, Alaska. She has been concerned along with her
peers, friends, family, and Alaskans after learning of the
prevalence of polybrominated diphenyl ethers (PBDEs) used in
flame retardants. These flame retardants are meant to keep
people safe but are harming them. She related the possible
health defects of PBDEs including cancer, developmental defects,
thyroid problems, and reproductive effects. She asked why the
chemicals are continuing to be used when safe, economic
alternatives exist. She thought it was scary that her family
could be in danger by sitting on the sofa or using a laptop
since chemicals leach into the ambient air. She urged members
to consider this bill and allow people to make informed
decisions on health and limit exposure to PBDEs.
3:39:46 PM
REPRESENTATIVE SADDLER asked how she became aware of the issue.
MS. BREESE answered that she learned about this bill from her
involvement with AYEA.
REPRESENTATIVE SADDLER asked whether she was concerned about
other similar environmental concerns.
MS. BREESE answered yes.
CHAIR OLSON pointed out that he has been on the AYEA mailing
list and suggested that new legislators should be added to the
mailing list since their newsletter is a good way to keep
current with issues of concern to youth.
3:41:23 PM
RYAN KIMBERLING stated that this bill is unnecessary and is an
ill-advised bill that could cause more harm than good. He
related his understanding that the federal government already
plans to ban the PBDEs in all 50 states so it would be
counterproductive to ban PBDEs state-by-state. The Center for
Disease Control Study from 1980-1998 showed that Alaska Native
children suffered the highest rates of fatalities from fires.
He expressed concern over the cost to implement this bill. He
urged members to hold the bill for further consideration.
REPRESENTATIVE HOLMES asked how he became aware of the bill.
MR. KIMBERLING answered that he read about the bill on the
Internet and in Anchorage Daily News articles.
CHAIR OLSON referred to the implementation cost and related that
the fiscal note is for $400,000 in the first year.
3:44:06 PM
PATTY SAUNDERS, Arc of Anchorage, stated that she has worked
over 11 years for the Arc of Anchorage, which represents
children and adults with disabilities and their families. She
related that the Arc of Anchorage employs 350 people who serve
more than 500 children and adults who experience intellectual or
developmental disabilities. People with disabilities and their
families rely heavily on government funding, especially
Medicaid, to access the services they need as a result of their
disabilities. She said that the employees love their jobs but
would love it even more if prevention of mental and physical
disabilities led to people no longer needing their care.
According to the Governor's Council on Special Education and
Disabilities preventing a single occurrence of intellectual or
physical disability could reduce health costs by $1 to $3
million over the life of a child. One in six families in Alaska
is affected by disabilities so the potential savings are
staggering. She recognized that not all mental and physical
disabilities are preventable due to illness and injuries. She
predicted that HB 63 would take the first step to protect the
developing brains of our children by eliminating the neurotoxins
known as PBDEs from our environment. She indicated that HB 63
would ask the state to evaluate the alternatives and create a
registry of safe fire retardants to protect children, their
families, and the firefighters who risk their lives to save them
and prohibit the use of PBDEs.
MS. SAUNDERS said it is sad that a doctor who works at a burn
clinic can sympathize with burned children but can't find
empathy for the children and parents who face a life-long
struggle as a result of intellectual and developmental
disabilities caused by a fire retardant chemical that could
easily be replaced by something safer for developing brains.
Critics of most environmental health legislation argue that such
legislation goes too far and adversely affects the economy. It
seems disingenuous that HB 63 is being criticized by those who
support the industry's interests by not going far enough.
Taking the first modest step described in HB 63 is not a
worthless exercise since it would identify alternatives that the
state believes are safer and would alert the public to the
dangers of those chemicals in order for them to have the
opportunity to make better choices about their children's
exposure to chemicals. She offered her belief that people have
a right to know about the dangers these chemicals pose.
3:47:15 PM
MS. SAUNDERS also expressed astonishment that earlier testimony
advocated doing nothing due to the persistence of PBDEs in our
environment. She suggested that type of logic would have
citizens still poisoning our children with lead paint and would
allow the use of dichlorodiphenyltrichloroethane (DDT) with its
harmful effects. She has issues with respect to letting the
federal government take care of regulating PBDEs. She asked
what happened to the Alaskan "can do" attitude and pioneer
spirit in taking care of our own. She asked which legislators
would look parents in the eye when a baby is diagnosed with a
mental or physical disability that is completely preventable and
tell them the health and well being of their child was not worth
the cost of $400,000 to implement HB 63. She acknowledged that
people's worth is not measured in terms of dollars and cents.
However, she reiterated the lifetime cost of caring for an
intellectual or developmentally disabled child ranges from $1 to
$4 million. She offered her belief that the monetary savings
would accrue over time as well as a reduction in the psychic and
physical toll on families. She wondered whose interests are
being protected since there are not any domestic manufacturers
of PBDEs. She reiterated that the manufacturers of alternatives
are domestic companies who can benefit when importation of PBDEs
ceases. Mattress and furniture makers could use the domestic
alternatives currently in existence. Firefighters support
elimination of PBDEs as they are the ones who are unnecessarily
exposed to toxic chemicals. She urged members to help. In
1975, 200 deaths per year from television fires galvanized
people to develop flame retardants. She concluded that if
television fires could be reduced, surely the legislature could
act to prevent intellectual and developmental disabilities from
PBDEs. She concluded by urging members to support HB 63.
3:51:12 PM
REPRESENTATIVE CHENAULT asked for clarification on whether 200
likely cases were likely to happen in Alaska.
MS. SAUNDERS clarified that she intended to contrast the 200
deaths from fires in 1975 attributable to televisions not
treated with flame retardants to the potential preventable
intellectual and developmental disabilities caused by PBDEs.
REPRESENTATIVE CHENAULT asked whether that was her opinion or if
it was based on evidence.
MS. SAUNDERS answered that one in six families in the U.S. is
affected by disabilities. That figure is higher in Alaska. She
said she is not suggesting every preventable intellectual or
developmental disability is caused by PBDEs since it is not
possible to determine the proportion related to PBDEs. However,
the number of intellectual and developmental disabilities is so
large is it almost impossible for it not to attribute at least
200 instances to PBDE use.
3:53:02 PM
PAM MILLER, Executive Director, Alaska Community Action on
Toxics (ACAT) stated that she is a biologist by training. She
offered her support for HB 63. She related that ACAT is a
statewide environmental health and justice organization
established in 1997 to conduct research and provides educational
programs, technical assistance and training. She noted that she
previously listened to the last hearing on HB 63. She stated
that it is not necessary to compromise fire safety by passing HB
63 since brominated flame retardants increase toxicity but have
not been proven to improve fire safety. She related newly
introduced legislation in New Jersey to phase out decaBDE found
that when plastics containing decaBDE are burned toxic gases
such as hydrogen bromide result and can be inhaled or absorbed.
Hydrogen bromide can penetrate the breathing apparatus of
firefighters and poses a significant public safety threat to
firemen and the public. She pointed out that a range of
alternative approaches to fire safety exists that does not
require the addition of persistent toxic chemicals.
Additionally, economic and viable chemicals exist, including
inherently flame resistant fabric barriers or boric acid treated
fibers used by some mattress manufacturers. One alternative
chemical, resorcinol bis, diphenyl phosphate, (RDP) was
supported as an alternate chemical to PBDEs by Maine and
Washington state. She referred to information from Citizens of
Fire Safety, funded by chemical manufacturers, in members'
packets claim the safety and need for PBDEs but ignore the
science and range of alternative approaches to achieve fire
safety. She offered her belief that this group not only ignores
the science but the health effects of PBDEs and the
alternatives.
3:55:58 PM
MS. MILLER stated that updating state laws governing toxic
chemicals can improve the health of Alaska's citizens and
contain health care costs. The federal system for regulating
chemicals is broken. The EPA agreement previously referred to
is limited to three manufacturers in the U.S. and is voluntary.
Thus, the agreement does not apply to all U.S. manufacturers or
to imported goods. She stressed the importance to take the
initiative to phase out chemicals and protect Alaskans.
3:56:51 PM
REPRESENTATIVE HOLMES emphasized that the federal government is
not banning PBDEs but has had voluntary participation by some
manufacturers. Thus, it is not an actual ban, she stated.
MS. MILLER agreed. The federal program is voluntary with three
manufacturers and is not legally binding. This bill would phase
out those items containing PBDEs from our homes similar to the
ban on certain toys being imported. The federal government has
not been able to achieve a ban even though it has identified
PBDEs as a priority toxic substance. The Environmental
Protection Agency (EPA) has recognized that it does not have the
tools or mechanism in place to enact phase outs so it is really
up to the states to take action. She offered her belief that is
the reason 12 other states have taken action. The European
Union has banned decaBDE and it is the world's largest economy
so this is driving the manufacturers combined with consumer
pressure to phase out PBDEs. She argued that not using PBDEs
would benefit businesses to use innovation and alternatives
since it being driven by consumer concerns.
CHAIR OLSON asked if the Department of Environmental
Conservation (DEC) has taken a position on the bill.
3:59:10 PM
KRISTIN RYAN, Director, Division of Environmental Health,
Department of Environmental Conservation (DEC), said the
administration is neutral on this bill.
3:59:56 PM
REPRESENTATIVE HOLMES asked for clarification on the federal EPA
actions in terms of mandatory and voluntary phase outs of PBDEs.
MS. RYAN offered to research to provide additional details to
the committee. She said she is aware of the inadequacy of
federal legislation that would grant the EPA authority to
regulate chemicals used in consumer products. The DEC supports
changes in federal law to provide the EPA the authority to
regulate products posing potential problems for our
environmental and public health. She related her understanding
that the EPA has secured voluntary agreements with U.S.
manufacturers and is attempting to achieve these agreements with
other companies in other countries. She affirmed the agreements
are voluntary agreements. The EPA does not fundamentally have
the ability to act on information relating to the chemicals.
REPRESENTATIVE HOLMES related some of the information before the
committee has been confusing.
4:01:53 PM
REPRESENTATIVE JOHNSON referred to an EPA Bulletin titled HQ-
OPPT-2010-0146. He read:
EPA intends to support and encourage the voluntary
phase-out of manufacturer and import of c-decaBDE.
EPA has received commitments from the principal
manufacturers and importers of c-decaBDE to initiate
reductions in manufacturer, import and sales of c-
decaBDE starting in 2010, with all sales to cease by
December 31, 2013.
REPRESENTATIVE JOHNSON said this language did not sound
voluntary or arbitrary. He interpreted this bulletin to mean
the EPA has a voluntary program in 2010, but in 2013 all sales
would cease.
MS. RYAN offered to provide a formal response. She indicated
that the EPA does not have the legal capacity to ban chemicals
in commerce.
REPRESENTATIVE JOHNSON inquired as to how the EPA was able to
ban [dichlorodiphenyltrichloroethane] DDT.
MS. RYAN responded that DDT is a pesticide which is regulated by
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
4:03:55 PM
REPRESENTATIVE SADDLER asked whether PBDEs represent a health
hazard in Alaska.
MS. RYAN answered that the DEC has some evidence of PBDEs in
Alaska's environment and in Alaskans. At this point the levels
are very low so the PBDEs probably do not represent a health
impact. She expressed concern that low levels of PBDEs have
surfaced in species such as walrus which are species that do not
come in contact with PBDEs products. These indications create
areas of concern. She reported the DEC discovered one sample of
arctic char from Big Lake with high levels of PBDEs and will
follow up with additional sampling in order to determine whether
this is an anomaly or if it is an indicator of a larger problem.
4:05:07 PM
REPRESENTATIVE SADDLER asked for clarification on the degree of
hazard that the PBDEs represent.
MS. RYAN said that would be difficult since the DEC and her
division has many responsibilities. She related her
understanding that sound evidence shows that PBDEs negatively
impact human health. She was unsure whether PBDEs were more
important than other department responsibilities.
4:06:09 PM
NIM HA, Acting Program Manager, Section of Epidemiology, Alaska
Division of Public Health, Department of Health and Social
Services (DHSS), introduced herself.
4:06:42 PM
REPRESENTATIVE SADDLER asked to what extent PBDEs represent a
health hazard in Alaska.
MS. HA said she did not believe the department had sufficient
data to suggest PBDE levels in humans in Alaska are less or more
than anywhere else in the U.S.
REPRESENTATIVE SADDLER recalled assertions of a correlation
between animal health and human health. He inquired as to
whether this is an issue.
MS. HA answered the scientific community has not held unanimous
consent about the human health effects of PBDEs since most of
the information comes from animal studies. She offered that a
few studies in humans have studied PBDEs levels in blood and
breast milk. One study reviewed PBDE levels and developmental
input in early life. That study found an association between
higher levels of PBDEs in cord blood and lower intelligence
scores (IQ) scores.
4:08:51 PM
REPRESENTATIVE SADDLER asked whether a summary of the study was
available.
MR. COUMBE offered to locate it for members.
4:09:35 PM
REPRESENTATIVE CHENAULT inquired as to whether the alternative
green chemicals are available and reasonably priced. He further
asked for specific comparisons to the chemicals currently being
used. He related his understanding that most manufacturers
would use the newer, green chemicals to address known concerns
so long as the new chemicals are comparable. He expressed
concern that the other chemicals may not be safer and asked
whether tests have been conducted and if the results are
available. He commented that apparently we did not know the
PBDEs were bad for us.
4:11:58 PM
REPRESENTATIVE JOHNSON referred to the fiscal note.
MS. RYAN responded that there has not been adequate testing done
on chemicals in personal care products and the federal
legislation is inadequate. The federal EPA must test thousands
of chemicals. The current law provides that proof must exist
that the chemicals are unsafe whereas pesticides must be proven
to be safe prior to use. She expressed hope that the EPA would
be given the tools it needs prior to the products being put into
commerce but currently that is not the situation. She related
that adequate options to flame retardants do not always contain
chemicals, including cigarettes that go out rather than continue
to burn, using products on the fabric surface rather than the
foam pad containing the chemical. One reason the fiscal note is
significant is the department does not have specific programs to
regulate chemicals although it does have broad authority over
environmental discharge. Currently the DEC does not have the
authority to review chemicals in consumer products. Under the
bill, the DEC would build a program with minimal levels similar
to how several other states have addressed PBDEs. She offered
her belief that it would take one staff person to formulate the
department's position and determine how to provide the
information to the public so people can make informed decisions.
4:16:05 PM
REPRESENTATIVE JOHNSON asked whether this would create a new
department.
MS. RYAN joked that it would be the Department of Agriculture.
4:16:18 PM
REPRESENTATIVE CHENAULT commented he does not have confidence in
the EPA since it seems the department can shut down businesses
but does not have the authority to deal with an issue like this.
REPRESENTATIVE HOLMES remarked that earlier the opinion was that
the EPA was already testing products but now the committee seems
fine with them not testing.
4:17:30 PM
MS. MILLER reiterated her belief that Alaska can improve overall
health care costs in Alaska and businesses could benefit from
using innovative products as a result of consumer pressure.
Thus, not using PBDEs could have immeasurable benefits for
future generations. She pointed out the devastating effects
lead use had on the intellectual capacity of children when it
was used as an additive to paint and gasoline. Therefore,
dramatic public health benefits were obtained by removing the
lead used in products. She stated that people did not stop
painting their homes or driving but the additives were removed.
There is growing scientific evidence which shows that chemicals
used in products contribute to chronic disease and disorders.
She referred to a compelling health study concerning the health
effects of PBDEs in children. She identified the study as one
prepared by the Columbia Center for Children's Environmental
Health that showed that children with higher prenatal exposure
to PBDEs scored lower on tests of mental and physical
development at ages 1, 4 and 6. Children exposed to PBDEs prior
to birth are affected throughout childhood and perhaps
permanently. She offered to provide the study to the committee.
She pointed out another study done by the Arctic Monitoring
Assessment program showed that women of the Yukon Kuskokwim
Delta have the highest levels of PBDEs in their blood of any
population in the circumpolar Arctic. She offered her belief
that companies are highly motivated to use safer alternatives
demanded by consumers.
4:20:58 PM
MS. MILLER reported that even in a depressed economy companies
producing healthy products experience unprecedented and
impressive growth and are not just surviving but are thriving.
These companies prevent liability and protect investors through
innovation. Today's business leaders and U.S. companies who are
concerned about the health and business impacts of their
products that contain toxic chemicals can innovate and be more
competitive. Society has an ethical responsibility to protect
health and reduce the cost of health care by preventing
unnecessary exposures to chemicals that are known to cause harm.
She urged members to pass HB 63 to protect health and
particularly the health of vulnerable persons, including
firefighters, pregnant women, children and other workers.
4:22:05 PM
CHAIR OLSON announced he would hold public testimony open on HB
63.
[HB 63 was held over.]
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