Legislature(2011 - 2012)

03/16/2011 03:24 PM House L&C


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           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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