Legislature(2023 - 2024)SENATE FINANCE 532
04/24/2023 09:00 AM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| SB99 | |
| SB67 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 78 | TELECONFERENCED | |
| + | SB 99 | TELECONFERENCED | |
| += | SB 67 | TELECONFERENCED | |
| + | TELECONFERENCED |
SENATE BILL NO. 67
"An Act relating to firefighting substances; and
providing for an effective date."
9:18:56 AM
Co-Chair Olson relayed that the committee had first heard
SB 67 on April 12, at which time the committee had taken
public testimony.
9:19:22 AM
Senator Kiehl, Sponsor, relayed that SB 67 was
fundamentally a "no new spills" bill for per- and
polyfluoroalkyl substances (PFAS), which were primarily
used for firefighting in the state. The substances were
toxic in extremely low concentrations. The bill forbade the
use of the chemicals from the bills effective date. He
noted that there was a delayed implementation for the oil
and gas industry, and once there were fluorine-free foams
for use in firefighting the fire marshal would implement
the transition by regulation. The other important part of
the bill was a take-back of up to 40 gallons per person. He
believed that the major beneficiary of the take-back would
be small fire departments in rural areas of the state. The
state would take the material and dispose of it, along with
the roughly 30,000 to 35,000 gallons the state already
owned.
9:21:19 AM
CATHY SCHLINGHEYDE, STAFF, SENATOR JESSE KIEHL, introduced
herself and expressed appreciation for the committee
hearing the bill.
Co-Chair Olson asked how many rural airports would be
affected by the bill and had PFAS chemicals.
Senator Kiehl explained that the Federal Aviation
Administration (FAA) had long required jet-capable airports
to have PFAS foams. The requirement was in the process of
changing, because there were military specifications for
fluorine-free foams and there were many commercially
available fluorine-free foams. He continued that the
smallest rural airports had not been required to have PFAS
foams, however, the code-red cards contained PFAS foams. He
noted that the Department of Transportation and Public
Facilities (DOT) had prepared a remarkably thorough fiscal
note, which he thought listed approximately 130 locations
with code-red cards.
Co-Chair Olson asked if there had been any litigation over
the fire retardant in rural Alaska.
Senator Kiehl relayed that the State of Alaska was suing a
variety of manufacturers of PFAS foams. The states
position in the lawsuits was that the manufacturers knew
about the toxicity long before the information was shared.
He emphasized that PFAS was incredibly expensive and
difficult to clean up, and where it had been sprayed it
could pollute downstream drinking water.
Co-Chair Olson asked for a reminder of some of the toxic
outcomes from PFAS contamination.
Senator Kiehl mentioned significant fetal affects in
pregnant women (including low birthweight), reduced immune
function, tremendous kidney and liver difficulties, and
certain cancers.
Ms. Schlingheyde specified that PFAS contamination was
associated with kidney and liver cancers and was more
loosely associated with other cancers such as thyroid
cancer.
Co-Chair Olson thought PFAS did not have the same stigma as
asbestos, asked if PFAS was not associated with
mesothelioma.
Senator Kiehl was not aware of an association with
mesothelioma or other lung effects.
Co-Chair Olson clarified that there was awareness around
the negative effects of asbestos.
Ms. Schlingheyde relayed that scientists were still trying
to determine what mechanism was causing health effects from
PFAS. The toxicity was not associated with one thing, but
caused system-wide disruption throughout the body. There
was no finding of why there was an effect on the body after
lab and population studies.
9:25:43 AM
Co-Chair Olson asked if the Department of Transportation
and Public Facilities (DOT) was present online. He asked if
the department was in favor of the legislation.
ANDY MILLS, LEGISLATIVE LIAISON, DEPARTMENT OF
TRANSPORTATION AND PUBLIC FACILITIES (via teleconference),
shared that the department, in conducting research on
Project Code Red, had identified issues with PFAS
substances in rural areas. He mentioned that many of the
132 sites had equipment that was no longer certified as
usable. He shared that DOT had significant stores of
material containing PFAS at airports. He noted that the
bill did not necessarily take care of rural airports, which
had not been included in the analysis that was done. He
considered that the language was broad enough that anyone
with the substance could come to the department with up to
40 gallons annually on a first-come, first-serve basis.
Co-Chair Olson asked about airports, and asked if it was
fair to say that all Part 139-certified airports had a PFAS
problem.
Mr. Mills believed that Co-Chair Olson had fairly
characterized the situation. He thought the Department of
Environmental Conservation (DEC) had a map. He affirmed
that the airports had PFAS that had been put on the ground
and had either saturated soils or washed into water tables
and were contaminated sites.
9:28:33 AM
Co-Chair Olson asked how many 139-certified airports there
were in the state.
Mr. Mills thought there were 230 to 240 state airports that
were certified. He offered to provide a precise number at a
later time. He noted that the department was working on
gathering more information on the scope of the issue and
providing supplemental water when necessary so people were
not drinking contaminated water.
Co-Chair Olson thought PFAS was obviously an effective fire
extinguisher. He asked if there had been industry feedback
on the bill.
Mr. Mills had not heard feedback as Co-Chair Olson
suggested. In the course of the investigation into Project
Code Red being deployed to villages, he recalled there was
discussion of added effectiveness of PFAS substances in
putting out fires.
Co-Chair Olson asked if Mr. Mills was indicating that none
of the aircraft owners and operators had been resistant to
the legislation.
Mr. Mills explained that he had not heard of any resistance
nor had the department solicited any.
9:31:28 AM
Co-Chair Olson asked if Senator Kiehl had heard any
opposition from airlines or operators.
Senator Kiehl relayed that he had not heard any objections
from the aviation industry. He explained that the fluorine-
free alternative foams that had been in use in other areas
around the world for many years were highly effective. He
continued that the foams that met the United States Navy
new military specifications would save lives as effectively
as the toxic fluorinated foams.
Co-Chair Olson asked if the new foams were affordable.
Senator Kiehl relayed that there were several products
available that ranged from the same price to an increase of
about 15 percent. He thought that generally speaking the
alternative foams cost equivalently but required a greater
volume.
Co-Chair Olson assumed that the alternative foams were much
less toxic.
Senator Kiehl agreed that because the fluorine-free foams
were developed in Northern Europe, the substances were
subject to very different regulatory environments where
often times safety demonstration was required before a
product was released.
Co-Chair Olson relayed that no amendments had been
proposed.
Senator Kiehl MOVED to report CSSB 67(RES) out of Committee
with individual recommendations and the accompanying fiscal
notes. There being NO OBJECTION, it was so ordered.
CSSB 67 was REPORTED out of committee with three "do pass"
recommendations, with one no recommendation
recommendation, and with two previously published fiscal
notes: FN 1(DOT), FN 2(DPS).
Co-Chair Olson discussed the agenda for the following
afternoon.
9:34:18 AM
AT EASE
9:34:54 AM
RECONVENED
Co-Chair Olson clarified that there was nothing on the
schedule for the afternoon nor the following morning.
9:35:16 AM
AT EASE
9:35:27 AM
RECONVENED
Co-Chair Olson relayed that a new Committee Substitute for
the capital budget would be introduced the following day in
the afternoon meeting.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CSSB 99 (EDC) Explanation of Changes.pdf |
SFIN 4/24/2023 9:00:00 AM |
SB 99 |
| SB 99 Sponsor Statement.pdf |
SFIN 4/24/2023 9:00:00 AM |
SB 99 |
| SB099 Supporting Documents Ramsey Solutions 2022 Study.pdf |
SFIN 4/24/2023 9:00:00 AM |
SB 99 |
| SB099 Supporting Documents Junior Achievement.pdf |
SFIN 4/24/2023 9:00:00 AM |
SB 99 |
| SB099 Sectional Analysis Version B.pdf |
SFIN 4/24/2023 9:00:00 AM |
SB 99 |
| SB 99 Letters of Support 4.19.23.pdf |
SFIN 4/24/2023 9:00:00 AM |
SB 99 |