Legislature(2007 - 2008)BARNES 124
03/06/2008 09:00 AM House COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB387 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 387 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
March 6, 2008
9:08 a.m.
MEMBERS PRESENT
Representative Gabrielle LeDoux, Co-Chair
Representative Nancy Dahlstrom
Representative Mark Neuman
Representative Sharon Cissna
MEMBERS ABSENT
Representative Anna Fairclough, Co-Chair
Representative Kurt Olson
Representative Woodie Salmon
COMMITTEE CALENDAR
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 387
"An Act limiting the number of published telephone directories
that may be distributed to a household."
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: SSHB 387
SHORT TITLE: DISTRIBUTION OF TELEPHONE BOOKS
SPONSOR(s): REPRESENTATIVE(s) GARDNER
02/19/08 (H) READ THE FIRST TIME - REFERRALS
02/19/08 (H) CRA, L&C
02/27/08 (H) SPONSOR SUBSTITUTE INTRODUCED
02/27/08 (H) READ THE FIRST TIME - REFERRALS
02/27/08 (H) CRA, L&C
03/06/08 (H) CRA AT 9:00 AM BARNES 124
WITNESS REGISTER
JIM ISTURIS, Intern
Representative Berta Gardner
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SSHB 387 on behalf of the
sponsor, Representative Gardner.
BARBARA WINKLEY
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SSHB 387.
MIKAYLA SAITO
Alaska Center for the Environment
Anchorage, Alaska
POSITION STATEMENT: Encouraged passage of SSHB 387.
RICHARD GAZAWAY, Administrative Law Judge
Regulatory Commission of Alaska (RCA)
Anchorage, Alaska
POSITION STATEMENT: Discussed the RCA's perspective regarding
SSHB 387.
ACTION NARRATIVE
CO-CHAIR GABRIELLE LEDOUX called the House Community and
Regional Affairs Standing Committee meeting to order at 9:08:06
AM. Representatives LeDoux, Dahlstrom, Neuman, and Cissna were
present at the call to order.
HB 387-DISTRIBUTION OF TELEPHONE BOOKS
9:08:31 AM
CO-CHAIR LEDOUX announced that the only order of business would
be SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 387, "An Act limiting
the number of published telephone directories that may be
distributed to a household."
9:08:59 AM
JIM ISTURIS, Intern, Representative Berta Gardner, Alaska State
Legislature, explained that SSHB 387 would limit distributors,
publishers, and utilities to leave only one telephone book on a
door step, unless a member of the household requests otherwise.
The goals of SSHB 387 are to reduce consumers' need to deal with
these excess telephone books and waste and to also reduce the
stress that is being placed on recycling centers and landfills.
Currently, telephone utilities and directory distributors
distribute one telephone book per telephone line, and therefore
homes with multiple telephone lines will receive more than one
copy of the exact same book. There is no intent to hinder
utilities and distributors from advertising and utilities and
distributors will still be able to deliver their directory to
each home, he pointed out. Mr. Isturis related that prior to
introduction of SSHB 387, Representative Gardner received an e-
mail from an Alaskan describing how she received 17 books, in
some cases 3 of the exact same book. He opined that SSHB 387
will reduce the burden on consumers, recycling centers, and
landfills. He related that the Anchorage recycling center
received about 252 tons of telephone books in one year. Since
telephone books are more difficult to recycle compared to other
paper products, passage of this bill would help to reduce the
amount of books that need to be processed [at recycle centers]
every year. Furthermore, because telephone books are of a more
compact type of paper, they don't degrade as easily because all
paper needs to be mulched if it's even going to biodegrade. In
fact, in landfills telephone books are often stacked on top of
each other, and generally don't decompose at all.
MR. ISTURIS opined that while the hope is that SSHB 387 will
change the behavior of telephone utilities and directory
distributors, it doesn't attach any penalty in order to avoid a
situation in which people gather up multiple books and claim
that a company left all of them on their door step. He related
that the sponsor has been in touch with Assistant Attorney
General Ed Sniffen to develop a penalty that would work well
with SSHB 387. However, due to time constraints, the
legislation lacks this aspect. Still, Representative Gardner is
open to suggestions from the committee regarding a penalty of
some sort, he noted. If SSHB 387 passes without a penalty or a
fine, the sponsor hopes that the utilities will consider taking
on what SSHB 387 asks. He then related that Representative
Gardner has received many e-mails in support of SSHB 387. In
conclusion, Mr. Isturis encouraged the committee to support SSHB
387, as many Alaskans have.
9:13:45 AM
CO-CHAIR LEDOUX inquired as to the constitutionality of SSHB 387
as a limit of free speech.
MR. ISTURIS said that he hasn't spoken specifically with Mr.
Sniffen on that matter as he has been mostly in contact with the
drafter of the legislation. The drafter has determined that
there is no conflict [with free speech] because the telephone
books are still being distributed to each home. Furthermore, in
other states, the problem has been with opt-in and opt-out
directory services and serious constitutionality questions have
arisen. The sponsor believes that SSHB 387 is a simplified
version that doesn't hinder free speech or the free market. In
further response to Co-Chair LeDoux, Mr. Isturis said that no
one is present to testify with regard to the constitutionality
of the legislation, but he offered to have the drafter come
before the committee if it has serious doubts about the
constitutionality.
9:15:36 AM
CO-CHAIR LEDOUX asked if the utilities have refused to only give
individuals one telephone book when they have called and
requested only receiving one.
MR. ISTURIS said he hasn't asked the utilities about such a
practice. However, he related his understanding that GCI
already attempts to provide one telephone book per household.
With regard to telephone directories, the sponsor hasn't
received many complaints. Furthermore, he said he wasn't sure
whether the advertising books not affiliated with any telephone
utility have an opt-in or opt-out program.
9:16:46 AM
REPRESENTATIVE DAHLSTROM related her understanding that there is
an added expense to the landfills due to the different recycling
process for telephone books.
MR. ISTURIS explained that because the paper used in telephone
books and directories is of a lower grade and because of the
bulk in which many are delivered, prewrapped pallets of
telephone books and directories, it's more difficult to recycle.
However, he said he wasn't aware of the cost.
REPRESENTATIVE DAHLSTROM asked if the sponsor has considered
having conversations with the landfills regarding the
possibility of the companies having a repository for unwanted
books, and thus the companies would face the expense.
MR. ISTURIS related his understanding that the landfills have
some recycling bins. Furthermore, many of the companies already
gather [unwanted] books and send them to recycling centers.
REPRESENTATIVE DAHLSTROM expressed concern with regard to the
[fiscal note] analysis that pertains to the Regulatory
Commission of Alaska (RCA). She recalled her recent
participation in a RCA meeting at which it was brought forward
that the RCA is having difficulty retaining and recruiting
folks. Furthermore, it's been stated on record that the
existing resources of the RCA don't allow them to perform what's
mandated by law. Although the sponsor's intent is good,
Representative Dahlstrom questioned whether this is something
state government should regulate.
9:21:42 AM
REPRESENTATIVE CISSNA related that she has heard frustration
from her constituents regarding what's left on their doorstep,
particularly when a homeowner is gone for the weekend or an
extended period. Therefore, Representative Cissna said she saw
enormous value in trying to cut down on what homeowners don't
request. Although Anchorage's landfill is state of the art, she
related that she has heard that it's filling faster than
anticipated. She then expressed interest in hearing from more
people. In terms of free speech, she opined that since [the
companies] have the opportunity to provide one telephone
directory, it doesn't limit speech.
9:26:24 AM
REPRESENTATIVE NEUMAN, referring to the likelihood that
companies preorder and thus have an expenditure, asked if SSHB
387 has an effective date.
MR. ISTURIS said that the sponsor would be willing to consider
an effective date. He related his understanding that generally
each region has a certain time during which the telephone books
are distributed and the sponsor is willing to take that into
consideration and perhaps work toward whenever the cycle begins.
9:27:42 AM
REPRESENTATIVE NEUMAN inquired as to the discussions the sponsor
and her staff have had with the utility companies. He informed
the committee that his staff called the Matanuska Telephone
Association (MTA) and other companies [in the Mat-Su Valley],
which say they only send one telephone book per household
because it costs a considerable amount of money to publish a
telephone book.
MR. ISTURIS answered that he is aware that there are companies
that have been trying to provide only one telephone book per
household. This legislation isn't aimed at those companies. In
further response to Representative Neuman, Mr. Isturis related
that the sponsor has been in contact with ACS and GCI. He
related his further understanding that GCI has taken steps to
only provide one telephone book per household.
REPRESENTATIVE NEUMAN surmised then that some of the companies
are trying to mitigate the issue.
MR. ISTURIS replied yes. However, he said he wasn't sure which
companies are still in the process or haven't taken the matter
up completely.
REPRESENTATIVE NEUMAN commented that he has found that once
people or organizations are contacted, they are often fairly
receptive to helping as much as possible.
MR. ISTURIS said that he isn't sure which companies have
undertaken [placing only one telephone book per household]. He
then reiterated that the sponsor has contacted ACS and GCI.
REPRESENTATIVE NEUMAN posed the suggestion of requiring that the
telephone books be shredded prior to the depository. He further
suggested that the shredded telephone books could be utilized as
packing materials. The aforementioned would seem to be an
economic development opportunity. He, too, expressed concern
with regard to free speech and questioned at what point should
the state inject itself into the discussion.
MR. ISTURIS noted that the sponsor has reviewed some of the
alternatives to using telephone books. He related his
understanding that of the telephone books produced are actually
90 percent telephone books. With regard to state involvement,
Mr. Isturis noted that Mr. Sniffen, assistant attorney general,
suggested discussing with the Department of Environmental
Conservation (DEC) or U.S. Environmental Protection Agency (EPA)
whether it would be able to enforce an attached penalty. States
with opt-in or opt-out approaches passed legislation that
require companies to maintain lists of those who do or don't
want to receive a telephone book. The opt-out approach has been
viewed as a little less restrictive than the opt-in approach,
which requires individuals to call in and specify which
telephone books they want. He related his understanding that
SSHB 387 is a unique piece of legislation.
9:37:04 AM
REPRESENTATIVE NEUMAN said that he supports the concept of SSHB
387. However, he questioned the most practical way to achieve
the goal and thus he requested hearing from the telephone
companies regarding the options that they offer.
MR. ISTURIS clarified that earlier he was referring to the
legislation in other states that doesn't seem to work well. If
companies can institute [the opt-in or opt-out approaches] well,
he said he assumes the process would go well. In further
response to Representative Neuman, Mr. Isturis confirmed that [a
penalty] would likely fit better within DEC than RCA. He said
it would be partly regulation and partly statute.
REPRESENTATIVE NEUMAN remarked that perhaps [telephone books]
could be compressed into pellets for heating.
9:39:04 AM
CO-CHAIR LEDOUX related that she has five telephones in her
house and would like to have a telephone book next to each
telephone. She further related that in Kodiak she's experienced
not receiving enough telephone books and having to obtain more,
which isn't a big deal in Kodiak. However, it seems to be more
difficult to obtain extra telephone books in Anchorage. Co-
Chair LeDoux expressed concerned that with the passage of SSHB
387, the onus would be on the consumer to obtain more telephone
books.
MR. ISTURIS indicated that the language [in Section 4(h)] that
reads "Unless otherwise requested by a member of the household"
should address Co-Chair LeDoux's concern regarding consumers who
want more than one telephone book. The individual companies
could determine the best manner in which to implement
[distributing the extra telephone books]. He indicated the
possibility of a mail out that requested the consumer check
whether he/she wanted more telephone books or a telephone call
requesting the delivery of more telephone books.
CO-CHAIR LEDOUX remarked that under either scenario, the onus is
placed on someone, whether that be the telephone company or the
consumer. She then expressed concern with regard to how
consumers would know how many telephone books to expect.
MR. ISTURIS suggested that perhaps informing the public of the
legislation could be tied into the effective date of SSHB 387.
9:42:18 AM
REPRESENTATIVE CISSNA offered that the telephone bill could have
a spot that allows the consumer to specify how many telephone
books are desired beyond what will automatically be provided.
She noted that her constituents have complained about the amount
of telephone books they received. Representative Cissna pointed
out that there hasn't been any decent legislation that provided
an incentive to small businesses to utilize materials, such as
telephone books, that are being discarded. She inquired as to
the legal issues regarding the opt-in and opt-out directories.
MR. ISTURIS said that the opt-in opt-out directories become more
of a question of businesses advertising. Generally, people are
against the opt-in opt-out directory because of the belief that
it's a disservice to small businesses that advertise in
telephone books. The message with SSHB 387 is that the message
and advertising is available, the question is in regard to how
many are required to get the message out.
9:47:14 AM
REPRESENTATIVE DAHLSTROM, regarding leaving the telephone books
on a doorstep, questioned whether this legislation could also
regulate whether UPS can leave a package on a doorstep. She
related that it would likely create a huge problem to regulate
such. She then referred to an e-mail in the committee packet
that refers to an individual who received five telephone books.
She pointed out that there's no law with regard to the amount of
companies that can be created to provide telephone books and
that would continue even with passage of this legislation. She
questioned the cost savings to the landfills versus the cost to
the state to regulate and determine a telephone utility that
doesn't gross $50,000 annually or $500,000 annually.
Representative Neuman's suggestions were good and timely, she
opined. In fact, she encouraged the sponsor to rewrite the
legislation and address ways in which to create an economic
opportunity with discarded telephone books. Although the intent
of SSHB 387 is good, it's unconstitutional and not the state's
business to regulate it, she opined.
9:50:46 AM
BARBARA WINKLEY testified in support of SSHB 387. She related
that most of the [discarded] telephone books aren't recycled but
rather end up in the Anchorage landfill. In the interest in
saving energy and conserving paper, Ms. Winkley urged passage of
SSHB 387.
9:53:02 AM
MIKAYLA SAITO, Alaska Center for the Environment, began by
relating that she is testifying on behalf of over 6,000 members
of the Alaska Center for the Environment (ACE). The ACE
supports SSHB 387, which would limit the number of telephone
directories the utility is allowed to distribute while providing
households the discretion to request additional copies. This
legislation isn't an opportunity to opt-out of receiving a
telephone book from a utility, but rather helps to manage the
hassle and waste created by duplicate directories.
Additionally, the legislation evens out the playing field across
utility companies. In 2007 alone, 252 tons of telephone books
were recycled. However, that's only the telephone books that
were recycled, many directories are thrown away adding
unnecessary waste to the limited local landfills. This
legislation, she opined, is a reasonable common sense solution
to unnecessary waste produced by printing, delivering, and
duplicating telephone books. Furthermore, Alaskans will save
energy and resources used in the production of these materials.
In conclusion, Ms. Saito encouraged passage of SSHB 387.
9:55:02 AM
REPRESENTATIVE DAHLSTROM reiterated concern with the RCA being
responsible for overseeing this due to the RCA's lack of staff
and already heavy workload, and inquired as to the RCA's
comments.
9:55:42 AM
RICHARD GAZAWAY, Administrative Law Judge, Regulatory Commission
of Alaska (RCA), confirmed that the RCA is taxed with projects.
He then informed the committee that there is an individual who
is dedicated to regulations projects. He related his
presumption that if a statute is passed, the conforming
regulations wouldn't be as controversial as other regulations.
However, it would entail expense and time.
9:56:10 AM
REPRESENTATIVE DAHLSTROM commented that although this issue may
not be controversial, it seems to be one more thing the RCA has
to do.
MR. GAZAWAY noted his agreement that this would be additional
work. He related that he has discussed this proposal with only
the chair of the RCA. That discussion was only regarding the
fiscal note and whether the RCA would be able to utilize
existing resources to fulfill the obligations specified in SSHB
387. The conversation was that the RCA could do what's proposed
in SSHB 387 under its existing workload levels.
9:57:30 AM
REPRESENTATIVE DAHLSTROM remarked that it's interesting that the
[committee packet] doesn't include any comments from any
telephone company.
9:58:15 AM
REPRESENTATIVE CISSNA inquired as to the RCA's responsibilities
under SSHB 387.
MR. GAZAWAY specified that RCA, per statute, is charged with
regulating public utilities, including telecommunications
companies that would be subject to SSHB 387. He pointed out
that the statute guides the RCA as it specifies that each home
is to receive a telephone book for each telephone number in the
home. [Under SSHB 387], the RCA's duty would be to comply with
the statute and set the guidelines for the utilities as clearly
as possible to effectuate the meaning of the statute.
REPRESENTATIVE CISSNA inquired as to how onerous SSHB 387 would
be on companies. She then inquired as to whether the RCA has
received any complaints about the receipt of excess telephone
books.
MR. GAZAWAY answered that he is unaware of any complaints
regarding the provision of telephone directories. The existing
regulation requires that a certain number of telephone
directories be provided free of charge and a reasonable fee can
be imposed for additional directories. Regarding SSHB 387, he
questioned whether there would be any limits. He related his
understanding that companies would have to provide one telephone
directory per household, and asked how many would the company
provide for free and when would the customer be charged for a
telephone directory.
10:02:38 AM
REPRESENTATIVE NEUMAN commented that the statutes, which are
replaced every two years, in the capitol building create the
same issue as with the telephone directories.
10:03:06 AM
CO-CHAIR LEDOUX announced that SSHB 387 would be held over and
requested a legal opinion regarding the constitutionality of the
legislation. She also requested hearing from the utilities on
this legislation.
10:03:21 AM
ADJOURNMENT
There being no further business before the committee, the House
Community and Regional Affairs Standing Committee meeting was
adjourned at 10:03:25 AM.
| Document Name | Date/Time | Subjects |
|---|