Legislature(2013 - 2014)BARNES 124
03/21/2013 08:00 AM House COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB163 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 163 | TELECONFERENCED | |
HB 163-REGULATION OF SOLID FUEL BURNING DEVICES
8:08:53 AM
CO-CHAIR LEDOUX announced that the only order of business would
be HOUSE BILL NO. 163, "An Act prohibiting a person from burning
certain materials in a solid fuel burning device; relating to
solid fuel burning device emission standards; and relating to
prohibitions on the burning of solid fuels."
8:09:11 AM
REPRESENTATIVE T. WILSON, Alaska State Legislature, paraphrased
from the following sponsor statement [original punctuation
provided]:
House Bill 163 will establish a new emission standard
for solid fuel burning devices within the State by
allowing only the cleanest burning devices to be sold
at local retail stores. Those who have a solid fuel
device currently installed are grandfathered under the
new emission standard and would not need to convert
their device.
Currently, a [Particulate Matter] PM 2.5 nonattainment
area has been designated by the U.S. Environmental
Protection Agency [EPA] within the Fairbanks North
Star Borough. During the winter months, air quality
status can reach unhealthy levels for many of the
people who reside within the nonattainment area.
HB 163 ensures the most efficient EPA certified
appliances are installed as homeowners naturally
upgrade their units, saving Alaskans money by reducing
the cost of space heat. Additionally, by installing
the best technology, air quality at a neighborhood and
regional level will also improve. This is important
for the overall health of the communities and for
achieving federal attainment with EPA. Finally, HB 163
guarantees an individual's right to use a solid fuel
burning device in accordance with their budget and
local and state law.
The consequences of not reaching EPA PM 2.5 attainment
status stretch beyond health concerns. If attainment
is not reached by 2014, the EPA could sanction the
state of Alaska by withholding Federal highway funds
amounting in the millions of dollars. This would
prevent many of Alaska's roads and transportation
infrastructure from being constructed or upgraded.
HB 163 is a proactive, statewide bill and will
hopefully prevent additional communities from becoming
a PM 2.5 non-attainment area.
House Bill 163 will be another tool to avoid EPA
sanctions, while also improving energy efficiency and
the health of Alaska's residents.
8:11:40 AM
BRANDON BREFCZYNSKI, Staff, Representative Tammie Wilson, Alaska
State Legislature, paraphrased from the following sectional
analysis [original punctuation provided]:
Section 1: Provides limitation of burn bans for
certain municipal air quality control programs.
Section 2: Adds new subsection under 46.14.400
prohibiting second or third class boroughs or a second
class city from implementing solid fuel burning bans
unless authorized by the governor in case of an
emergency.
Section 3: (a) Prohibits the burning of certain
materials. (b) A person may not sell a solid fuel
burning device that exceeds the emission standard
established by the Department of Environmental
Conservation (DEC). (c) Establishes statewide
particulate emission standards for solid fuel burning
devices of 2.5 grams per hour for each 200,000
[British Thermal Units] BTUs of heat output. Provides
DEC with a procedure for adopting a new emission
standard. (d) Establishes a procedure for approving
the sale of a new solid fuel burning device that
complies with the particulate emission standard. (e) A
state or local authority may not adopt a particulate
emission standard different than provided in (c). (f)
Clarifying that the device standard is not a
limitation for hazardous air pollution or an emission
standard for a stationary source.
8:13:26 AM
REPRESENTATIVE T. WILSON noted that HB 163 isn't establishing
new regulations. She then directed attention to the committee
packet that includes a list of EPA certified stoves, of which
224 would emit below the 2 grams/hour [of particulate matter].
Of the outdoor boiler type, 10 of the 36 would currently
qualify. The committee packet also includes a letter from the
EPA that states the use of cleaner devices results in cleaner
burn cycles. She explained that in the Fairbanks North Star
Borough area people are rising at about the same time every day
and start their wood stove to have heat and with very little air
movement, the air shed is filled. Even if there is air movement
during the day, most folks return home close to the same time
and restart their fire [which again fills the air shed].
Therefore, lowering the emissions of these stoves [is helpful]
for lowering the emissions at the beginning [when people start
fires]. Lastly, Representative T. Wilson related her belief
that the inspection and maintenance (I/M) program isn't what
helped Fairbanks reach attainment but rather it was technology,
specifically the catalytic converters placed in automobiles.
Representative T. Wilson explained that Fairbanks is trying to
be proactive with the use of cleaner devices. She informed the
committee that approximately 73 percent of [heating stoves]
already have emissions of 2 grams/hour [of particulate matter]
or lower while 25 percent have emissions that are higher than 2
grams/hour. The aforementioned is possible because the
certified wood stove list includes wood stoves with emissions of
7.5 grams/hour, which would likely be okay with wind but the
valley geography holds the smoke. This legislation provides an
easy way to achieve attainment without a burn ban or fines and
is a step in the right direction toward attainment.
8:16:39 AM
CO-CHAIR LEDOUX inquired as to why second and third class
boroughs or cities are precluded from regulating without the
permission of the governor in the event of an emergency
declaration.
REPRESENTATIVE T. WILSON explained that the issue is with regard
to burn bans and that second and third class boroughs and cities
don't have police powers, while first class boroughs and cities
do. Therefore, first class boroughs and cities have police
powers to put forward and follow through with the regulations
[for burn bans].
8:17:22 AM
REPRESENTATIVE REINBOLD opined that HB 163 is good legislation
overall, but inquired as to the view of DEC and municipalities
on HB 163. She then inquired as to why the legislation has an
indeterminate fiscal note.
REPRESENTATIVE T. WILSON noted that she met with DEC yesterday
and clarified that she doesn't intend to require a new
regulatory status, rather the goal is to use the EPA's certified
and qualified list as well as the borough's measures.
Currently, DEC can lower the emissions, although the process is
much more detailed and would take one to two years to do so.
The borough doesn't have that length of time. Representative T.
Wilson acknowledged that although ultimately gas will solve the
issue in Fairbanks quicker, there will still be a large portion
of the Fairbanks North Star Borough and the state that uses
solid burning fuel devices. Therefore, the legislation only
takes away [the authority to issue burn bans] from the second
and [third] class boroughs [or second class cities].
REPRESENTATIVE REINBOLD inquired as to whether there is a
penalty [for those using solid fuel burning devices]. She then
asked whether the [local stores] have [the inventory to meet the
demand]. She also asked whether it's expensive to change
devices.
REPRESENTATIVE T. WILSON pointed out that residents with a solid
fuel burning device are grandfathered in, and thus this
legislation would only address those who upgrade.
8:20:11 AM
CO-CHAIR LEDOUX acknowledged that second and third class cities
and boroughs enact ordinances and regulations, but don't have
police powers. Since they don't have police powers, she
understood that the state troopers do the follow up.
REPRESENTATIVE T. WILSON informed the committee that the state
troopers do not take care of the ordinances in the Fairbanks
North Star Borough. With regard to the zoning issues, letters
are written. The City of Fairbanks has police powers, and
therefore city police could issue a notice or fine. However, in
a second or third class borough, only code enforcement officers
would be available although they don't have the same powers as
police. In further response to Co-Chair LeDoux, Representative
T. Wilson explained that the City of Fairbanks is a first class
home rule city and the Fairbanks North Star Borough is a second
class borough with no police power. The legislation tries to
distinguish between who has and who doesn't [have police
powers]. Many of the state's boroughs decided to become a
second class borough versus a first class borough because they
didn't necessarily want the police powers, which is sometimes
due to the cost and sometimes to the size of the borough.
CO-CHAIR LEDOUX inquired as to what sort of ordinances the
Fairbanks North Star Borough promulgates. She further asked
whether anything they do is enforceable since they don't have
police powers.
REPRESENTATIVE T. WILSON related that the Fairbanks North Star
Borough does have an animal control ordinance through which
offenders are taken to court for dangerous animals. She
recalled that it has been 15 years since [the borough] sued
anyone over an ordinance. Currently, there is a citizens'
initiative that doesn't allow this activity to happen.
8:23:38 AM
REPRESENTATIVE DRUMMOND opined that the capable citizens of the
Fairbanks North Star Borough are capable of keeping their old
wood stoves running for some time. Therefore, she inquired as
to whether there has been analysis as to the result of not many
of the old [solid fuel burning] stoves being replaced.
REPRESENTATIVE T. WILSON informed the committee that Fairbanks
currently has a state grant for a wood stove change out program.
She opined that changing the program to address wood stoves with
emissions of over 2.5 grams/hour is more of an incentive. This
legislation would help the borough because everyone would go to
the 2.5 grams/hour. The EPA wants to see as many permanent
solutions in Fairbanks' state implementation plan as possible
and this would qualify as such. Although the borough doesn't
have modeling yet, there are things allowing the borough to get
closer to the goal of residents purchasing cleaner stoves. In
further response, Representative T. Wilson confirmed that [the
aforementioned would be achieved] by limiting the stoves for
sale to compliant stoves. She further confirmed that dealers
don't sell non-EPA certified stoves, but they do sell stoves
with emissions above 2.5 grams/hour that are EPA certified.
8:27:31 AM
CO-CHAIR LEDOUX, upon determining no one wished to testify,
closed public testimony.
8:28:10 AM
CO-CHAIR NAGEAK moved to report HB 163 out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, HB 163 was reported from the House
Community and Regional Affairs Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB163 Hearing Request CRA.PDF |
HCRA 3/21/2013 8:00:00 AM |
HB 163 |
| HB163 Sponsor Statement.pdf |
HCRA 3/21/2013 8:00:00 AM |
HB 163 |
| HB163 Sectional Analysis.pdf |
HCRA 3/21/2013 8:00:00 AM |
HB 163 |
| HB 163 ver P REGULATION OF SOLID FUEL BURNING DEVICES.pdf |
HCRA 3/21/2013 8:00:00 AM |
HB 163 |
| HB163 Fiscal Note-DEC-AQ-03-16-13.pdf |
HCRA 3/21/2013 8:00:00 AM |
HB 163 |
| HB163 Fiscal Note-DCCED-DCRA-03-15-13.pdf |
HCRA 3/21/2013 8:00:00 AM |
HB 163 |
| HB 163 Supporting Documentation 1 -PM 2.5 Health Effects.pdf |
HCRA 3/21/2013 8:00:00 AM |
HB 163 |
| HB163 Supporting Documentation 2-Autos and CO.PDF |
HCRA 3/21/2013 8:00:00 AM |
HB 163 |
| HB163 Supporting Documentation 3-certfied wood stoves.pdf |
HCRA 3/21/2013 8:00:00 AM |
HB 163 |
| HB163 Supporting Documentation 4-EPA Response.pdf |
HCRA 3/21/2013 8:00:00 AM |
HB 163 |
| HB163 Supporting Documents 5-State Implementation Plan.pdf |
HCRA 3/21/2013 8:00:00 AM |
HB 163 |
| HB163 Supporting Documents 6-FNSB Nonattainment Boundary.pdf |
HCRA 3/21/2013 8:00:00 AM |
HB 163 |