Legislature(2011 - 2012)BARNES 124
04/11/2012 03:15 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB119 | |
| HB259 | |
| HB266 | |
| SB27 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 119 | TELECONFERENCED | |
| += | HB 259 | TELECONFERENCED | |
| += | HB 266 | TELECONFERENCED | |
| + | SB 27 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 27-FLAME RETARDANTS /CHEMICALS CLEARINGHOUSE
4:08:12 PM
CHAIR OLSON announced that the final order of business would be
CS FOR SENATE BILL NO. 27(HSS), "An Act relating to flame
retardants and to the manufacture, sale, and distribution of
products containing flame retardants; relating to a multistate
chemicals clearinghouse; and providing for an effective date."
4:08:36 PM
SAM GOTTSTEIN, Staff, Senator Bill Wielechowski, Alaska State
Legislature, stated that SB 27 would help ensure Alaskans live
in safe toxic-free homes. This bill would ban polybrominated
diphenyl ethers or PBDEs, which are toxic flame retardants from
being manufactured, distributed or sold in the state. These
toxic chemicals can be found in many household items, including
mattresses, upholstered furniture, and plastic covers on
electronics. He said that the negative health effects of using
these chemical is well-documented. He related that a number of
studies on prenatal exposure to PBDEs show decreased mental and
physical development, increased thyroid problems, reproductive
health problems, and an increased risk of testicular cancer. He
pointed out that children are most at risk from exposure to
toxic chemicals since exposure to small concentrations of these
toxins at a critical stage of development can lead to permanent
negative health effects.
MR. GOTTSTEIN said Alaskans are particularly vulnerable to toxic
flame retardants for three reasons. First, Alaskans tend to
spend more time indoors. Second, Alaskans eat a greater
quantity of subsistence foods that have high concentrations of
the biocumulating chemicals. Third, toxins like PBDEs are
carried in the atmosphere through a process known as global
distillation. He referred to a news article that came out three
days ago that indicates an uncommonly high level of flame
retardant chemicals are found in a very remote Arctic location,
which made national news. Thus Alaskans are at an increased
risk. He related that the sponsor has received numerous letters
of support from pediatricians, firefighter associations, the
Alaska Mental Health Trust, and Alaska Federation of Natives.
MR. GOTTSTEIN asked to make a few points, including that
Representative Holmes had introduced a similar bill. He raised
issues that have been raised during hearings on the bill.
First, SB 27 does not compromise fire safety. The bill does not
exempt products from meeting existing fire safety standards so
there should be no trade off resulting in legislature being
forced to decide between the lesser of two evils. This bill
would keep children safe from fires and from harmful health
effects from exposure to harmful chemicals. Second, this bill
will not increase costs to consumers. Other states have
researched this extensively. He held up an extensive study by
the State of Illinois - too large for members' packets - that
looked for cost effective alternatives. Illinois found that
transportation issues resulted in cost issues. He referred to
page 2, lines 24-25, which exempts transportation. He pointed
out that cheap alternatives are available in the marketplace,
especially in large markets such as European Union, Wal-Mart.
He noted that 12 other states have banned these chemicals except
for a couple of industries, which this bill exempts. Finally, a
number of legislators have raised concerns since the
Environmental Protection Agency (EPA) is working to address this
issue. He offered his belief that over 90,000 chemicals are
registered under the Toxic Substance Control Act, and of those
only five have ever been banned by the EPA. He pointed out that
lead, mercury, and asbestos are substances with negative health
effects yet none have been banned.
MR. GOTTSTEIN reported that three independent chemical
manufacturers have performed a voluntary phase out. He
emphasized that the phase out is voluntary and puts American
companies at a disadvantage since foreign chemical companies
continue to use the chemicals.
4:13:58 PM
REPRESENTATIVE JOHNSON related his understanding the federal
government will take care of in 2014. He recalled the issue
coming up several years.
SENATOR BILL WIELECHOWSKI, Alaska State Legislature, answered
that the EPA is not banning PBDEs, but is asking companies for
voluntary compliance by 2014.
4:15:09 PM
MR. GOTTSTEIN related his understanding that in 2013 or 2014,
the voluntary ban goes into effect on three manufacturers. He
stated that SB 27 would apply to the chemical compounds for
penta, octa, and deca BDEs. He offered his belief that the
voluntary compliance for penta and octa, but not deca BDEs,
which are also very dangerous toxic chemicals. More
importantly, the EPA ban does not apply to the importation of
these chemicals from outside manufacturers. Essentially, the
problem exists in which the U.S. companies are doing right thing
yet foreign companies are continuing to import these toxic
chemicals.
4:16:46 PM
REPRESENTATIVE JOHNSON moved to adopt the proposed committee
substitute (CS) for SB 27, labeled 27-LS0300\E, Bannister,
4/9/12, as the working document. [Version E was before the
committee.]
CHAIR OLSON objected for purpose of discussion.
4:17:39 PM
REPRESENTATIVE HOLMES suggested the bill is similar to her prior
bill on the same subject.
4:17:47 PM
KONRAD JACKSON, Staff, Representative Kurt Olson, Alaska State
Legislature, stated that SB 27 is similar to a version the
committee reviewed last session. He referred to page 1, line 7
of the original bill, which read, "A person may not
manufacturer, sell, or distribute..." He stated that the
language in the proposed substitute, (CS), for SB 27, Version E
reads, "a person who is a manufacturer or a distributor may not
manufacturer, sell, or distribute a product. The intention was
to not harm businesses or retailers who may have the products on
the shelf. The companies have invested money in the products
which will be sold and not replaced as time goes on and could be
a pretty unfair burden to businesses.
CHAIR OLSON related his understanding this bill would protect
Alaska businesses.
MR. JACKSON commented that Representative Holmes mentioned this
bill looks a lot like a bill she had on the same topic.
4:19:25 PM
REPRESENTATIVE MILLER related his understanding that the EPA has
moved to phase out the products and the businesses may have
several inventory pieces on their shelves. He inquired as to
whether the businesses will have any duty to disclose to
consumers the PBDEs in the products.
REPRESENTATIVE HOLMES said she did not believe so. She stated
that the businesses may not know their merchandise contains
PBDEs, which is part of why the committee made the change to the
original bill. The committee wanted to make sure SB 27 did not
apply to the company, but to the manufacturer of the product.
4:20:36 PM
REPRESENTATIVE MILLER asked how the three chemicals release
toxins. He further asked whether the toxins are airborne, if
they leach out, or become worse if exposed to fire, heat, or
water.
REPRESENTATIVE HOLMES answered yes to all three. She explained
that the products are in chairs and mattresses and breakdown.
She agreed they are more dangerous in smoke and can
bioaccumulate and get into the fish cycle, which is why higher
concentrations are found in the Yukon-Kuskokwim (Y-K) Delta.
She said, "The answer is all of the above."
4:21:42 PM
REPRESENTATIVE MILLER recalled the chemicals are in furniture
and mattresses to reduce the coating from burning. He asked if
the chemicals are found in clothing or wall coverings.
CHAIR OLSON also asked if the chemicals are found in children's
clothing.
REPRESENTATIVE HOLMES answered that the PBDEs have been found in
computers, mattresses, couches, and televisions. She was not
sure if the PBDEs are in clothing.
4:22:29 PM
REPRESENTATIVE JOHNSON noted changes to bill make it only apply
to manufacturer and distribution. He inquired as to whether any
manufacturer or distributor distributes these products in
Alaska. He further asked whether Costco would be considered a
distributor.
REPRESENTATIVE HOLMES referred to page 4, to the definitions of
manufacturer and distributors. She stated that the changes were
put in at the request of the committee and she concurs with the
changes.
4:24:09 PM
REPRESENTATIVE JOHNSON read that someone may buy cribs at Wal-
Mart and resell them to the hotel. He questioned whether the
person would be considered a distributor. He said he did not
think anyone was manufacturing in the state.
REPRESENTATIVE THOMPSON responded that the Mattress Ranch
advertises that it makes its own mattresses. He pointed out
that if the business affixes its brand name on a mattress, the
company is considered the manufacturer.
REPRESENTATIVE JOHNSON said he understood the mattresses are
manufactured in the Lower 48. He asked whether a company in
Alaska is now being singled out.
4:25:08 PM
REPRESENTATIVE THOMPSON referred to page 4, line 26, which read
"(A) manufacturers a product or whose brand is affixed to the
product; or...."
4:25:24 PM
REPRESENTATIVE JOHNSON inquired as to whether a person buying
mattresses at Mattress Ranch who then sells them to hotels would
be considered a distributor. He asked whether the bill will
have accomplished anything since there seems to be all sorts of
loopholes. He related a scenario in which a person buys hotdogs
at Costco and sells them and the hotdogs contain PDBEs if the
person would be considered a distributor. He suggested the bill
may be too broad.
4:26:15 PM
EMILY BREESE, speaking on behalf of herself, stated that she has
worked as a volunteer fire fighter. She has become increasingly
concerned about breathing PBDEs, which were thought to keep
people safe, but are actually harming us. She pointed out that
PBDEs are used as flame retardants, but may promote cancer,
developmental problems, and thyroid or reproductive problems.
She asked the reason to continue to use these chemicals when
there are safe, economical alternatives in the marketplace. She
expressed concern that her family could be exposed to harmful
toxins from sitting on the sofa or using the computer. She said
she is especially concerned due to bioaccumulation issues since
she is also an Alaskan and a firefighter. She related her
understanding that some of the highest concentrations of PBDS
are found in fresh water lakes of Denali National Park and
Preserve (Denali Park), close to her home. She highlighted that
a large amount of PBDEs are found in Alaska. She also stated
she is exposed to toxins in a higher amount when she is engaged
in firefighting. Furthermore, currently consumers don't have
the right to know that PBDEs are found in these products so they
can't easily limit their exposure. She concluded that PBDEs
need to be banned now so people can better make decisions on
what is best for Alaskans well-being and health. She offered
her support for SB 27.
[SB 27 was held over.]