Legislature(2015 - 2016)BELTZ 105 (TSBldg)
01/28/2016 01:30 PM Senate LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| SB121 | |
| HB12 | |
| HB155 | |
| SB111 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 155 | TELECONFERENCED | |
| += | HB 12 | TELECONFERENCED | |
| *+ | SB 111 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 121 | TELECONFERENCED | |
SB 111-LIMIT FLAME RETARDANT ITEMS/FURNITURE
2:19:39 PM
CHAIR COSTELLO reconvened the meeting and announced the
consideration of SB 111. [This is the first hearing.]
2:19:48 PM
SENATOR BILL WIELECHOWSKI, Alaska State Legislature, Juneau,
Alaska, sponsor of SB 111, said he has been working on this
issue for eight years for these reasons:
Imagine that the cribs that your baby slept in are
full of toxic chemicals. They are.
Imagine if the high chairs your kids sat in are full
of toxic chemicals. They are.
Imagine if the furniture in your home was full of
toxic chemicals. It is.
The seats, toys, kids clothing is all full of toxic
chemicals. A toxic cocktail that is in our mattresses,
that is in our furniture, not measured by ounces but
by pounds in many cases. These chemicals cause
neurological deficits, prenatal damage,
hypothyroidism, [and] breast cancer. [They are]
chemicals that bio accumulate in animals and fish and
are poisoning Alaskans, especially those that live a
subsistence lifestyle. [They are] chemicals that are
poisoning firefighters who fight fires and breath in
these toxic substances.
Do you believe we should take some sort of action to
protect Alaskans from these chemicals?
Now imagine if we had safer alternatives that are
already being widely used.
Imagine that some states in the United States have
already banned or enacted restrictions against these
toxic chemicals. They have.
Imagine if the European Union has banned these
chemicals. They have.
Should we continue to sit back and do nothing? Do we
not have an obligation to our constituents and to the
people of Alaska to do something? I believe we do.
The Alaska Constitution tells us what our obligation
is. Article VII, Section 4 says very clearly, "The
legislature shall provide for the promotion and
protection of public welfare." That is exactly what we
are doing with this bill, protecting the public
health.
I've heard all the industry arguments against this
bill over the years. They come from the chemical
industry and the phony Astroturf organizations they've
set up over the years to defeat bills just like this,
and bills like this all over the country. They've
spent hundreds of thousands of dollars just in Alaska
and millions of dollars across the country defeating
bills like this. Those are some harsh statements but I
believe they're 100 percent warranted.
Let me tell you just how far these organizations in
the chemical industry has gone over the years to
defeat bills like this. To defeat this bill, in fact.
Many members will remember hearings on this bill back
in 2010 and 2012. We heard from a Dr. David Heimbach
who testified three times in front of the legislature.
He presented himself as an eminently qualified doctor.
In fact, he was the former head of the Harborview
Medical Center burn unit in Seattle.
He told the tragic story of a six-week old baby girl
whose life would have been saved had flame retardants
been used in her crib. He shared pictures of burn
victims. Legislators were concerned. The bill passed
the Senate but it was defeated in the House.
Several months later it turned out that nearly all of
Dr. Heimbach's testimony was a lie. In a six-day front
page spread, the Chicago Tribune dug into the stories
and claims of Dr. Heimbach and found the claims and
patients he had testified about across the country
were, in fact, non-existent. The Alaska Dispatch News,
which was then the Anchorage Daily News, did stories
on the fraud Dr. Heimbach and these organizations
committed against the legislature. This one dated
March 19, 2014, "Washington Physician Accused of
Deception Testified Three Times on Alaska Bills." This
one, "Seattle Burn Doctor Accused of Dishonesty in
Legislative Testimony Surrenders License."
The opponents of this bill will bring up the same old
tired complaints and arguments against this bill. That
the EPA should regulate it. Since when does Alaska
want to turn over authority to the EPA to regulate
this? The EPA has had 25 years to do something on
this. They've done nothing. That the presence of
chemicals in furniture in and of itself is not
dangerous. Hundreds of academic and scientific studies
say otherwise. We've provided you with copies of
numerous studies; we're happy to get you more.
The chemical industry will argue that Congress is
working on some legislation dealing with this. They've
had decades to do this. Nothing. Further, in the
legislation that is currently being proposed, states
retain the right under that proposed federal
legislation to continue to regulate harmful substances
in their own states. Please don't buy it this time.
They have a vested financial interest in killing this
bill. These are dangerous chemicals that have no place
in our homes. There are safer alternatives that are
just as inexpensive that are available.
CHAIR COSTELLO asked if this is the same bill that he introduced
previously.
MR. WIELECHOWSKI replied it is virtually the same.
2:25:24 PM
THOMAS "TJ" PRESLEY, Staff, Senator Bill Wielechowski, sponsor
of SB 111, informed the committee that he would provide a brief
overview of the bill, its history, and the growing amount of
literature on the danger of polybrominated diphenyl ethers
(PBDEs) to human and animal health. Finally, he would review the
substantive contents of the packet.
He stated that SB 111 does two things. First, the bill prohibits
the manufacture, sale, or distribution of upholstered furniture
and children's items that contain more than 100 parts per
million of certain harmful flame retardants. Second, it requires
manufacturers to alert consumers to the presence of these
chemical flame retardants by labeling the products. The bill
provides civil penalties for violating this law that start small
and are capped for each company in one calendar year. SB 111
also contains a definition section and exemptions for people who
may sell these products from one person to another, such as on
Craigslist.
MR. PRESLEY reported that the sponsor has requested a committee
substitute (CS), based on advice from the Department of Labor
and Workforce Development (DOLWD), to move the penalties
provision from Chapter 18 to the Consumer Protection Division
within the Department of Law. Chapter 18 only directs DOLWD to
inspect schools that have evidence of asbestos.
MR. PRESLEY reminded the members that in 2012, Dr. Heinbach's
tragic story and pictures he shared with members stopped the
bill in its tracks. A few months later evidence proved that his
stories were untrue and Washington State prosecuted him for
fraud. As a result, he willingly surrendered his medical
license. Subsequent investigative reporting established a
connection between Citizens for Fire Safety that spent $230,000
to defeat the bill in 2012, Dr. Heinbach and the American
Chemical Council that opposes this bill today. The former
executive director for the now defunct Citizens for Fire Safety
and a former employee for the American Chemical Council, Grant
David Gillam, made headlines for breaking ranks after learning
about payments to Dr. Heinbach. Mr. Gillam eventually testified
in support of a full flame retardant ban in California that
passed in 2014.
MR. PRESLEY stated that Dr. Vytenis Babrauskas was the first
person in the world to be awarded a Ph.D. in fire protection
engineering. When he learned that his work was being used to
defend the use of flame retardants, he wrote a paper titled
"Flame Retardants in Furniture Foam: Benefits and Risks." The
conclusion is summarized as follows:
Since 1975, hundreds of millions of kilograms of
pentaBDE and its replacements have been used to meet
California TB117. A fire safety benefit has not been
established. Research suggests that this standard
should be reevaluated in light of the fire science and
health information discussed above. Prior to
implementing new flammability standards, decision
makers should evaluate the potential fire safety
benefit as well as the health and environmental
impacts of the chemicals, materials, or technologies
likely to be used. Special scrutiny should be given to
small open-flame standards that are likely to be met
by adding organohalogen flame retardants to foam or
plastic in consumer products.
MR. PRESLEY directed attention to the packets that contain more
literature on the effects of PBDEs on human and animal health
and offered to provide more if any members desired. "But suffice
to say, the dangers to human health include risks of neuro
developmental processes in young children being slowed or
changed, passage of the dangerous chemical through the umbilical
cord from mother to child, cancer, infertility, attention
deficit disorders among others," he said.
He said SB 111 is the start of a process to purge PBDEs from the
food supply because studies have established that these
chemicals are in the blood of many fish stocks. High levels of
these chemicals are beginning to show in the autopsies of birds
and animals that feed on these stocks. The entrance of PBDEs
into the food supply is a great concern for Alaskans generally
and those living a subsistence lifestyle and in rural
communities in particular.
2:32:20 PM
CHAIR COSTELLO asked if he wanted to comment on the short title
being broader than what is in the bill.
MR. PRESLEY replied the sponsor's intent is for the bill to be
limited to upholstered furniture and children's items. He added
that he could speak to the drafter to ensure that is reflected
in the short title.
CHAIR COSTELLO said she had two questions about the labeling
statement on page 2, line 24. First, is the label itself an
admission that the manufacturer is breaking the law? Second, how
do you differentiate between a flame retardant that's listed in
the bill and one that is not harmful?
2:34:10 PM
MR. PRESLEY clarified that the bill does not ban PBDEs; it
limits their use in upholstered furniture and children's items
to less than 100 parts per million. Responding to the second
question, he said evidence shows that there are safer
alternatives for flame retardants that are not related to the
chemical compound addressed in the bill. He added that a number
of large Fortune 500 companies including Ashley Furniture,
Walmart, Macys, Pier I Imports, and Ikea have pledged not to buy
office furniture with these flame retardants and have begun to
produce flame retardant fabrics that do not have the harmful
chemicals listed in the bill. He provided information about the
chemicals they are using, which are widely available in other
states.
CHAIR COSTELLO asked if that is why the effective date is July
2017.
MR. PRESLEY explained that the delayed effective date is an
attempt to give industry time to understand the bill and take
action accordingly.
CHAIR COSTELLO asked how the bill will affect Alaska businesses
that may have affected inventory.
MR. PRESLEY said he did not have that information, but would
work to find out.
CHAIR COSTELLO asked where the list of chemicals in Section 1
came from.
MR. PRESLEY replied it was compiled in consultation with a
number of scientific groups like Alaska Community Actions on
Toxics.
SENATOR MEYER asked if limiting the use of these chemicals
through federal law had been pursued.
MR. PRESLEY replied the inaction by the EPA and the federal
government over the past 25 years is what prompted states to
take action. He added that the U.S. Senate currently is working
on the Toxic Substances Act, which allows states to apply for a
waiver to enact more restrictive standards than the federal
minimum. The proposed Act also allows a state to take action on
a chemical while it is under study by the EPA.
SENATOR MEYER asked if there have been lawsuits against the
manufacturers of PBDEs.
MR. PRESLEY offered to follow up with an answer.
SENATOR MEYER asked if Washington State has passed a similar
law.
MR. PRESLEY replied a bill was introduced this session but he
didn't know if it had passed.
2:39:15 PM
CHAIR COSTELLO opened public testimony on SB 111.
2:39:43 PM
MAUREEN SWANSON, Director, Healthy Children's Project, Learning
Disabilities Association of America (LDA), Pittsburg,
Pennsylvania, testified in support of SB 111 reading from
prepared testimony.
LDA is the oldest and largest national volunteer
organization advocating for children and adults with
learning disabilities. We have chapters and members
throughout the country, including in Alaska. We are
witnessing an alarming increase in neuro developmental
disorders that cannot be fully explained by changes in
awareness or diagnosis. One in six children in the
United States has a reported developmental disability
including autism, attention deficit hyperactivity
disorder and other learning and developmental delays.
The National Academy of Sciences has stated that
environmental factors, including exposure to toxic
chemicals, in combination with genetics contribute to
at least one-quarter of all neuro developmental
disabilities in the United States. During fetal
development and early childhood the brain is
especially at risk from toxic chemicals, even at
extremely low exposure levels. Scientific evidence
clearly demonstrates that babies and young children
are regularly exposed to halogenated flame retardant
chemicals including the flame retardants named in SB
111. These exposures pose an elevated risk of serious
and lasting problems with learning and behavior,
including ADHD and autism.
These flame retardants cross the placenta to the fetus
and are detected in umbilical cord blood and in breast
mild. Because of their size and weight, rapid rate of
growth and development, metabolism and behaviors,
babies and children are likely to experience higher
chronic exposures to flame retardants than adults.
These chemicals migrate from furniture and children's
products into dust and then are ingested by young
children. A 2011 study of baby products found that 80
percent of the items tested contained flame retardant
chemicals while a 2014 study of 40 daycares and
preschools found toxic flame retardants in 100 percent
of dust samples at the facilities. What do these
constant exposures to toxic flame retardant chemicals
mean to the fetus and young children? In the last five
years, three public studies of hundreds of pregnant
women and children have resulted in strikingly similar
findings. Children more highly exposed to PBDE flame
retardants prenatally, have lower IQ scores, cognitive
delays, and attention problems. The decrements in IQ
persist throughout the children's school years.
The flame retardant chemicals named in SB 111 are
structurally similar to thyroid hormones, which are
essential for healthy brain development. In 2015,
scientists with the Endocrine Society concluded that
PBDE exposures interfere with thyroid. Recent studies
of flame retardants that have replaced PBDEs show
these chemicals can also disrupt thyroid hormones and
pose serious risks to brain development.
In plain English, the chemicals named in SB 11 change
babies brains. I'd like to highlight briefly several
specific examples. The chlorinated tris flame
retardant chemicals are notorious. In the late 1970s,
TDCPP was one of several tris flame retardants banned
from use in children's pajamas because of grave risks
to children's health. Instead of halting production
and use of TDCPP, manufacturers instead added this
toxic chemical to other children's products and to
furniture. A recent study found that TDCPP was the
most commonly detected flame retardant in baby
products containing polyurethane foam. In 2011,
scientists found that TDCPP as well as other tris
flame retardants may affect brain development with
similar or even greater potency than chemicals already
known to be neurotoxic. Fire Master 550 is the second
most commonly detected flame retardant in polyurethane
foam. It's used in furniture and baby products
including nursing pillows and changing pads. Two of
Fire Master 550's main components, TBD and TBPH are
brominated compounds that migrate from products into
dust. In 2012, research implicated Fire Master 550 as
an endocrine disrupting chemical with adverse effects
at levels much lower than the no observable adverse
effect level reported by the manufacturer. The study
suggests that Fire Master 550 disrupts thyroid
hormones and harms the developing brain.
In conclusion, the toxic flame retardants that are
named in the Toxic Free Children Act migrate from
furniture and children's products into dust and are
ingested by young children. They cross the placenta,
build up in the body, and in breast milk. These flame
retardants are structurally similar to PCB and also to
thyroid hormones. These chemicals put Alaska's
children at greater risk of learning and development
disorders including ADHD and autism. The Learning
Disabilities Association of America urges that the
Senate pass the Toxic Free Children's Act to protect
children's minds and bodies from these toxic flame
retardants.
2:45:47 PM
JENNIFER GIBBONS, Senior Director of State Government Affairs,
Toy Industry Association Inc., stated that while TIA shares the
sponsor's desire to ensure the safety of children, they do have
concerns with the bill as drafted. TIA's preference is to have
regulation at the federal level because unique state regulations
are challenging for manufacturers that sell in multiple states.
She said the network of existing federal regulations could
address these issues. In fact, the Consumer Product Safety
Commission is evaluating the use of flame retardants in
children's products and whether new restrictions are warranted.
She stated that toy manufacturers typically do not add flame
retardants to toys, but their internal components and electronic
circuit boards may contain trace amounts of flame retardants.
While these components would be inaccessible to a child, she
said they are critical to the safety of the product.
2:48:32 PM
DAVID LEVINE, Co-founder and CEO, American Sustainable Business
Council (ASBC), Washington, D.C. testified in support of SB 111.
This is a growing network of business organizations and
companies that work to grow businesses, create new jobs, provide
benefits to communities, and protect their health. He also
represents companies that are committed to advancing safer
chemicals in products. He said we believe it is important to
pass the Toxic Free Children's Act because scientific research
continues to find connections between toxic chemicals and
childhood diseases. This is eroding consumer confidence and
motivating companies to identify safer alternatives to these
toxic chemicals. He continued:
We believe it is time to take action on these
products," he said. ASBC commissioned a study that
found that safer chemicals are proving to be more
important to growing the economy than traditional
chemicals. Polling shows that 73 percent of small
business owners overwhelmingly support reform and
strengthening chemical legislation. Now is the time to
have a predictable, consistent set of regulations that
will enable business to innovate and drive growth and
job creation. "As business leaders we're saying we can
work together with public and private sector, create
the economy of tomorrow today...in which all parents
can rest assured that the only choice is a healthy
one.
2:52:28 PM
CURTIS THAYER, President and CEO, Alaska State Chamber of
Commerce, Anchorage, Alaska, stated opposition to SB 111, but
support for protecting public health and the environment. Given
the interdependence of commerce in the U.S., regulatory
certainty across the states is necessary, he said. While the
bill is well-intended, it needlessly threatens the availability
of goods and the viability of business. He pointed out that the
EPA currently is assessing several flame retardants included in
the bill. "At a minimum, Alaska should be informed of those
scientific assessments before they pass [this] bill."
2:53:57 PM
TIM SHESTEK, American Chemistry Council (ACC), testified in
opposition to SB 111. He stated that ACC supports the attempt to
develop a uniform regulatory system. The EPA is conducting
assessments of all the flame retardants included in SB 111, as
well as others, and he would encourage the committee to be
informed by that information before moving to restrict any
chemical compound under this legislation. He pointed out that
this debate is not about whether there are organizations that do
or do not support safe chemicals. "Our companies have a
responsibility to produce safe products. We certainly understand
that and we're a part of the effort to ensure that the products
we make and their intended use are safe for consumers." He said
ACC is providing as much information as possible to the EPA to
help with their assessments. He noted that ACC submitted
detailed testimony that touches on some of the science issues
identified in the bill.
CHAIR COSTELLO held SB 111 in committee with public testimony
open.