02/06/1996 09:05 AM Senate FIN

                                                                               
       SENATE BILL NO. 69                                                      
       "An  Act  relating  to  hazardous chemicals,  hazardous                 
  materials,     and hazardous waste."                                         
                                                                               
  Senator Leman was  invited to join the committee and briefly                 
  stated that  he believed  the fiscal  notes should  be zero.                 
  The DEC put in a fiscal note for $5,000 for mailing expenses                 
  but since this bill creates a single form to replace what in                 
  the  Anchorage  municipality  is four  forms  and  since the                 
  mailing  goes  out  anyway  there  should be  no  additional                 
  expense.  It should be a zero fiscal note.                                   
                                                                               
  In  summary  the  bill  in   Anchorage  has  four  different                 
  requirements:    the municipal  placarding  requirement, the                 
  State fire  marshall placarding  requirement, the  community                 
  right-to-know  requirement and  the  OSHA requirement  (MSDS                 
  sheets).      In   Anchorage,   the   municipal   placarding                 
  requirements will  still but  we will  remove the  statewide                 
  placarding requirements under the State fire marshall.  This                 
  is something the  State fire marshall  supports.  There  are                 
  some threshold limits  that are more stringent  than Federal                 
  law  and this  is a  technical  update making  all reporting                 
  requirements consistent with Federal law.                                    
                                                                               
  Senator Donley asked that the  current placarding program be                 
  explained  in regard  to the State  fire marshall.   Senator                 
  Leman noted that the State  fire marshall placarding program                 
  had been largely ineffective.   It is a function of the  law                 
  that just has  not been  used.  The  fire marshall  supports                 
  this change and  does not oppose  the bill.  Discussion  has                 
  also been held  with the fire  departments.  This bill  will                 
                                                                               
                                                                               
  allow for municipalities  to keep the placarding  program if                 
  they wish.   It is  hoped that the single  form now proposed                 
  will become an electronic placarding system.  Senator Donley                 
  felt that it was important for firemen going into a building                 
  to know what sort of hazardous materials are stored there so                 
  that they  can wear proper  protective gear.   Senator Leman                 
  concurred.                                                                   
                                                                               
  Senator  Rieger asked about the existing law with regards to                 
  municipalities establishing and imposing penalties and fees,                 
  what a  first class  and second  class city  can do,  what a                 
  municipality  can  do  and  would  this  give power  to  any                 
  municipality that they  would not  have otherwise had  under                 
  their home rule charter  or adopted when the city  was first                 
  incorporated?  Senator  Leman stated that when  he served on                 
  the local  emergency  planning committee  in Anchorage  that                 
  Anchorage had to go through the process of establishing fees                 
  so  the LEPC came  up with recommendations,  worked with the                 
  fire department and then it went through a public process as                 
  allowed by Title 29.                                                         
                                                                               
  Annette Kreitzer  explained that Title 29 placarding program                 
  is the current law.  The only  change in the section deletes                 
  the placarding  requirements under  the State  fire marshall                 
  placarding program.   No new authorization is  being granted                 
  to municipalities.                                                           
                                                                               
  Senator  Zharoff  referred  to  the Alaska  State  Emergency                 
  Response Commission and if it exists.  Senator Leman replied                 
  that  Senate  Bill   33  of   last  year  restructured   the                 
  commission.     It  consists  of  commissioners   from  nine                 
  departments and  seven public  members and  it functions  to                 
  implement  the  Federal  law   regarding  the  reporting  of                 
  hazardous substances.   Senator Zharoff also asked  if under                 
  section 4 of CSSB 69(RES) the specific terminology brings up                 
  to  date  all  of  the  various  poisons,  explosives,  etc.                 
  Senator  Leman explained that in  1993 Congress passed a law                 
  recognizing the United Nations Identification System to make                 
  sure all the listings of hazardous substances are consistent                 
  using international symbols to make sure everyone knows what                 
  substances are being  stored.   Senator Zharoff referred  to                 
  the deletion of 500 lbs. hazardous material being handled in                 
  one day to  10,000 lbs. and would  like to know  what effect                 
  this will  have.   Senator Leman  explained that  previously                 
  State law had been more stringent  than the Federal law; now                 
  the law was consistent.                                                      
                                                                               
  Senator  Zharoff  also  inquired  about  the  provision  for                 
  compressed gases.   Senator  Leman advised  that the  stated                 
  requirement goes  beyond Federal  law which doesn't  require                 
  compressed gases be reported.  Municipalities  can establish                 
  their  own  standards  that are  more  stringent  than those                 
  required  under  Federal  law.    Senator  Zharoff expressed                 
  concern over a fireman going into a building with compressed                 
                                                                               
                                                                               
  gas stored without  his knowing.  Senator Leman advised that                 
  the  effect  of  the  bill   is  to  delete  the  placarding                 
  requirement but  the information  on stored  chemicals would                 
  exist  in  a  data  bank  that  would be  available  to  all                 
  municipal fire  departments when  they are  responding to  a                 
  fire.                                                                        
                                                                               
  Senator  Sharp  MOVED  for  passage  of  CSSB  69(RES)  from                 
  committee  with individual  recommendations and  zero fiscal                 
  notes.  No objections being heard CSSB 69 (RES) was REPORTED                 
  OUT with zero fiscal notes from Department of Public Safety,                 
  Department of Military and  Veterans Affairs, Senate Finance                 
  Committee  fiscal  note  for   Department  of  Environmental                 
  Conservation.                                                                
                                                                               
  Co-chairman Halford introduced HB 38.