Legislature(2003 - 2004)

04/06/2004 02:04 PM Senate L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                              
                SB  27-TRACKING OF PESTICIDE USE                                                                            
                                                                                                                                
CHAIR CON  BUNDE called  the Senate  Labor and  Commerce Standing                                                             
Committee meeting  to order  at 2:04  p.m. Present  were Senators                                                               
Gary Stevens, Ralph Seekins, Hollis  French, and Chair Con Bunde.                                                               
Senator  Bettye Davis  arrived at  2:10 p.m.  The first  order of                                                               
business to come before the committee was SB 27.                                                                                
                                                                                                                                
SENATOR RALPH  SEEKINS moved to  adopt CSSB 27(L&C),  version /H,                                                               
for the working document. There were  no objections and it was so                                                               
ordered.                                                                                                                        
                                                                                                                                
CHAIR BUNDE  explained that  the new  version removes  the public                                                               
notice  warning requirement  for about  1,200 retailers;  it also                                                               
amends section 5 regarding farmers.                                                                                             
                                                                                                                                
MS.  KRISTIN RYAN,  Director, Division  of Environmental  Health,                                                               
Department of  Environmental Conservation (DEC), agreed  with the                                                               
chair's short summary of the changes  in SB 27. She clarified the                                                               
second change saying that the  department considers all certified                                                               
applicators commercial; language was  changed to explicitly refer                                                               
only to commercial applicators. About 200 farmers are certified.                                                                
                                                                                                                                
SENATOR  SEEKINS asked  her to  define  "private applicators"  on                                                               
page 1, line 4.                                                                                                                 
                                                                                                                                
MS. RYAN  replied that  the term  is used to  reflect the  use of                                                               
restricted  use pesticides,  which one  must become  certified to                                                               
use. She noted that the fiscal note would remain the same.                                                                      
                                                                                                                                
SENATOR BETTYE DAVIS arrived at 2:10 p.m.                                                                                       
                                                                                                                                
MR.  EVERETT WALTON,  American Pest  Management,  said there  are                                                               
less  than  50 commercial  applicators  in  the whole  state.  In                                                               
Anchorage,  only  about 15  people  work  in  the business  on  a                                                               
regular basis.                                                                                                                  
                                                                                                                                
     There isn't a  legitimate reason to pass  this bill out                                                                    
     of  committee.  This  bill  will  add  several  hundred                                                                    
     thousand dollars to the state  budget with no guarantee                                                                    
     that  the  money  can   be  recovered  by  implementing                                                                    
     registration fees.  It would  not surprise me  if fully                                                                    
     half  of the  chemicals  were  not reregistered.  After                                                                    
     all,  we  only have  600,000  people  in the  State  of                                                                    
     Alaska.... This  bill is  all about  growing government                                                                    
     for  the sake  of growth...  so  that it  can demand  a                                                                    
     larger  budget.... All  the  commercial applicators  in                                                                    
     this state  use only about  5 percent of  the chemicals                                                                    
     on  this list.  The  rest are  privately applied,  thus                                                                    
     untrackable.                                                                                                               
                                                                                                                                
He accused that  the bill would be unenforceable  and wouldn't be                                                               
able to accomplish its stated purposes.                                                                                         
                                                                                                                                
CHAIR BUNDE  observed that he  had a substantial amount  of input                                                               
from citizens requesting  that this bill be heard.  It's not just                                                               
a matter of government wanting to expand.                                                                                       
                                                                                                                                
MR.  KEN PERRY,  Owner and  General Manager,  Paratex Pied  Piper                                                               
Pest  Control  of Alaska,  said  he  represented the  significant                                                               
number  of commercial  applicators doing  business in  Alaska and                                                               
the  National Pest  Management  Association,  the industry  trade                                                               
group.  He is  also in  contact with  the chemical  manufacturers                                                               
trade group called RISE.                                                                                                        
                                                                                                                                
He accused  that supporters of  this bill had not  consulted with                                                               
industry or  trade groups  and he  sought to  provide information                                                               
that is being  withheld. He stated that the  $80 registration fee                                                               
is  a smoke  screen for  saying this  bill has  no cost.  He also                                                               
warned:                                                                                                                         
                                                                                                                                
     I have  been informed  that all the  manufacturers with                                                                    
     current  registrations  in  Alaska  decided  to  review                                                                    
     their  lists and  determine which  chemicals they  will                                                                    
     continue to  register. The decision  is to be  based on                                                                    
     cost of  registration versus  potential income  and the                                                                    
     desirability  of   paying  the   State  of   Alaska  to                                                                    
     implement anti-pesticide legislation  against their own                                                                    
     interests....                                                                                                              
                                                                                                                                
He closed requesting a no pass on this bill.                                                                                    
                                                                                                                                
CHAIR  BUNDE reiterated  that his  office had  a great  number of                                                               
voters asking him to hear the bill. "It's called democracy."                                                                    
                                                                                                                                
SENATOR SEEKINS  asked Ms. Ryan  why a household survey  is being                                                               
created  and it  appeared to  him that  there is  some intent  to                                                               
regulate household pesticides down the road.                                                                                    
                                                                                                                                
MS. RYAN  replied that  her department has  said the  most common                                                               
misuse of pesticides  is by private homeowners and  the intent of                                                               
the  survey is  to understand  how homeowners  use pesticides  so                                                               
that future outreach can be  appropriately targeted. For example,                                                               
if  it finds  that  Alaskans are  frequently  using Diazanon  for                                                               
treating aphids,  it could create  outreach materials  to promote                                                               
less harmful alternatives.                                                                                                      
                                                                                                                                
CHAIR BUNDE said some people want  to see all pesticides go away,                                                               
but those  who have been  exposed to malaria would  disagree with                                                               
that. He asked for her reasoning in that section.                                                                               
                                                                                                                                
MS. RYAN explained  that her division is  interested in pesticide                                                               
use statewide  and, if it  were practical, wanted to  include the                                                               
household  reporting  component.  However,  at  this  point  that                                                               
oversteps her intention.  This bill is a good first  step to look                                                               
into  commercial  applications, a  lot  of  which take  place  in                                                               
public  buildings.  Some  of  that  information  could  be  found                                                               
already by looking through public  records. A statewide household                                                               
survey  would  be  statistically  valid  and  provide  beneficial                                                               
information to the  department, which could then  determine if it                                                               
needed to do more outreach.                                                                                                     
                                                                                                                                
SENATOR SEEKINS said  her comment that registration  is the first                                                               
step  concerns him,  because he  doesn't  see the  next step  and                                                               
someone else does. He asked  if she thought anything accomplished                                                               
in this bill would reduce pesticide use in the State of Alaska.                                                                 
                                                                                                                                
MS. GAREN TARR,  staff to Senator Ellis, sponsor,  stepped in and                                                               
said this is not an attempt  to reduce pesticide use, but more of                                                               
an attempt to know where they  are being used so that appropriate                                                               
decisions  can be  made about  public  and environmental  health.                                                               
That  would  include  helping  people   who  are  susceptible  to                                                               
exposure,  such as  people with  asthma or  a compromised  immune                                                               
system.                                                                                                                         
                                                                                                                                
SENATOR  SEEKINS  summarized that  it  won't  reduce the  use  of                                                               
pesticides,  but may  change the  way they  are applied  or which                                                               
ones  are  applied.  He  reflected  that  he  had  never  seen  a                                                               
definition of  a pesticide  and asked,  "Are we  regulating DEET?                                                               
Are   we  regulating   anti-snail  applications?   What  are   we                                                               
regulating?"                                                                                                                    
                                                                                                                                
MS.  RYAN replied  that the  federal government  already requires                                                               
registration of  pesticides; an  $80 fee is  being added  to help                                                               
pay   for   the   program.  The   Department   of   Environmental                                                               
Conservation (DEC)'s  website has  a definition of  what products                                                               
are  regulated.  Currently,  there   are  about  5,700  regulated                                                               
products.                                                                                                                       
                                                                                                                                
SENATOR SEEKINS asked since the  state has primacy, does our list                                                               
include pesticides that are not included on the federal list.                                                                   
                                                                                                                                
MS.  RYAN  replied that  the  department  would  not be  able  to                                                               
register any  pesticide products  for sale that  weren't approved                                                               
by the federal government.                                                                                                      
                                                                                                                                
SENATOR SEEKINS  asked if our state  regulations exceeded federal                                                               
regulations for what is registered as a pesticide.                                                                              
                                                                                                                                
MS.  RYAN  replied  that about  five  pesticides  are  registered                                                               
federally that are not registered for use in the state per year.                                                                
                                                                                                                                
SENATOR FRENCH  moved to  pass CSSB  27(L&C) from  committee with                                                               
attached  fiscal note  and  individual recommendations.  Senators                                                               
Gary Stevens,  Bettye Davis,  Hollis French  and Chair  Con Bunde                                                               
voted  yea; Senator  Ralph Seekins  voted nay;  and CSSB  27(L&C)                                                               
moved from committee.                                                                                                           

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