Legislature(2013 - 2014)BARNES 124

03/21/2013 08:00 AM COMMUNITY & REGIONAL AFFAIRS


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08:08:27 AM Start
08:08:53 AM HB163
08:28:30 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 163 REGULATION OF SOLID FUEL BURNING DEVICES TELECONFERENCED
Moved Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
    HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE                                                                   
                         March 21, 2013                                                                                         
                           8:08 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Gabrielle LeDoux, Co-Chair                                                                                       
Representative Benjamin Nageak, Co-Chair                                                                                        
Representative Neal Foster                                                                                                      
Representative Lora Reinbold                                                                                                    
Representative Harriet Drummond                                                                                                 
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Bob Herron                                                                                                       
Representative Kurt Olson                                                                                                       
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 163                                                                                                              
"An Act prohibiting a person  from burning certain materials in a                                                               
solid fuel burning device; relating  to solid fuel burning device                                                               
emission standards;  and relating to prohibitions  on the burning                                                               
of solid fuels."                                                                                                                
                                                                                                                                
     - MOVED HB 163 OUT OF COMMITTEE                                                                                            
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 163                                                                                                                  
SHORT TITLE: REGULATION OF SOLID FUEL BURNING DEVICES                                                                           
SPONSOR(s): REPRESENTATIVE(s) T.WILSON                                                                                          
                                                                                                                                
03/11/13       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/11/13       (H)       CRA, RES                                                                                               
03/21/13       (H)       CRA AT 8:00 AM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE T. WILSON                                                                                                        
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Spoke as the sponsor of HB 163.                                                                          
                                                                                                                                
BRANDON BREFCZYNSKI, Staff                                                                                                      
Representative Tammie Wilson                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   On behalf  of the  sponsor, presented  the                                                             
sectional analysis for HB 163.                                                                                                  
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
8:08:27 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  GABRIELLE   LEDOUX  called  the  House   Community  and                                                             
Regional  Affairs Standing  Committee  meeting to  order at  8:08                                                               
a.m.   Representatives  Reinbold,  Drummond,  Nageak, and  LeDoux                                                               
were  present  at  the  call to  order.    Representative  Foster                                                               
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
        HB 163-REGULATION OF SOLID FUEL BURNING DEVICES                                                                     
                                                                                                                                
8:08:53 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX announced  that the only order  of business would                                                               
be HOUSE BILL NO. 163, "An  Act prohibiting a person from burning                                                               
certain materials  in a  solid fuel  burning device;  relating to                                                               
solid  fuel burning  device emission  standards; and  relating to                                                               
prohibitions on the burning of solid fuels."                                                                                    
                                                                                                                                
8:09:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE T.  WILSON, Alaska State  Legislature, paraphrased                                                               
from  the  following   sponsor  statement  [original  punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     House Bill  163 will establish a  new emission standard                                                                    
     for  solid fuel  burning  devices within  the State  by                                                                    
     allowing only  the cleanest burning devices  to be sold                                                                    
     at local  retail stores.  Those who  have a  solid fuel                                                                    
     device currently installed  are grandfathered under the                                                                    
     new  emission standard  and would  not need  to convert                                                                    
     their device.                                                                                                              
                                                                                                                                
     Currently, a [Particulate  Matter] PM 2.5 nonattainment                                                                    
     area  has been  designated  by  the U.S.  Environmental                                                                    
     Protection  Agency  [EPA]  within the  Fairbanks  North                                                                    
     Star  Borough. During  the winter  months, air  quality                                                                    
     status  can  reach unhealthy  levels  for  many of  the                                                                    
     people who reside within the nonattainment area.                                                                           
                                                                                                                                
     HB  163  ensures  the   most  efficient  EPA  certified                                                                    
     appliances  are   installed  as   homeowners  naturally                                                                    
     upgrade their units, saving  Alaskans money by reducing                                                                    
     the  cost of  space heat.  Additionally, by  installing                                                                    
     the best technology, air quality  at a neighborhood and                                                                    
     regional  level will  also improve.  This is  important                                                                    
     for  the  overall health  of  the  communities and  for                                                                    
     achieving federal attainment with  EPA. Finally, HB 163                                                                    
     guarantees an  individual's right  to use a  solid fuel                                                                    
     burning  device in  accordance  with  their budget  and                                                                    
     local and state law.                                                                                                       
                                                                                                                                
     The consequences of not reaching  EPA PM 2.5 attainment                                                                    
     status  stretch beyond  health concerns.  If attainment                                                                    
     is  not reached  by 2014,  the EPA  could sanction  the                                                                    
     state of  Alaska by  withholding Federal  highway funds                                                                    
     amounting  in  the  millions  of  dollars.  This  would                                                                    
     prevent  many  of  Alaska's  roads  and  transportation                                                                    
     infrastructure  from  being  constructed  or  upgraded.                                                                    
     HB 163  is   a  proactive,  statewide  bill   and  will                                                                    
     hopefully prevent additional  communities from becoming                                                                    
     a PM 2.5 non-attainment area.                                                                                              
                                                                                                                                
     House  Bill  163 will  be  another  tool to  avoid  EPA                                                                    
     sanctions, while  also improving energy  efficiency and                                                                    
     the health of Alaska's residents.                                                                                          
                                                                                                                                
8:11:40 AM                                                                                                                    
                                                                                                                                
BRANDON BREFCZYNSKI, Staff, Representative Tammie Wilson, Alaska                                                                
State Legislature, paraphrased from the following sectional                                                                     
analysis [original punctuation provided]:                                                                                       
                                                                                                                                
     Section  1:  Provides  limitation   of  burn  bans  for                                                                  
     certain municipal air quality control programs.                                                                            
                                                                                                                                
     Section   2:  Adds   new  subsection   under  46.14.400                                                                  
     prohibiting second or third class  boroughs or a second                                                                    
     class city  from implementing  solid fuel  burning bans                                                                    
     unless  authorized  by  the  governor  in  case  of  an                                                                    
     emergency.                                                                                                                 
                                                                                                                                
     Section  3:  (a)  Prohibits   the  burning  of  certain                                                                  
     materials.  (b) A  person  may not  sell  a solid  fuel                                                                  
     burning  device  that  exceeds  the  emission  standard                                                                    
     established   by   the  Department   of   Environmental                                                                    
     Conservation    (DEC).   (c)    Establishes   statewide                                                                  
     particulate emission  standards for solid  fuel burning                                                                    
     devices  of  2.5  grams  per   hour  for  each  200,000                                                                    
     [British Thermal  Units] BTUs of heat  output. Provides                                                                    
     DEC  with  a  procedure  for adopting  a  new  emission                                                                    
     standard.  (d) Establishes  a  procedure for  approving                                                                  
     the  sale  of a  new  solid  fuel burning  device  that                                                                    
     complies with the particulate  emission standard. (e) A                                                                  
     state or  local authority  may not adopt  a particulate                                                                    
     emission standard  different than provided in  (c). (f)                                                                  
     Clarifying   that  the   device  standard   is  not   a                                                                    
     limitation for  hazardous air pollution or  an emission                                                                    
     standard for a stationary source.                                                                                          
                                                                                                                                
8:13:26 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  T. WILSON  noted that  HB 163  isn't establishing                                                               
new regulations.   She then  directed attention to  the committee                                                               
packet that  includes a  list of EPA  certified stoves,  of which                                                               
224 would  emit below the  2 grams/hour [of  particulate matter].                                                               
Of  the  outdoor  boiler  type,  10 of  the  36  would  currently                                                               
qualify.   The committee packet  also includes a letter  from the                                                               
EPA that  states the  use of cleaner  devices results  in cleaner                                                               
burn  cycles.   She explained  that in  the Fairbanks  North Star                                                               
Borough area people  are rising at about the same  time every day                                                               
and start their wood stove to  have heat and with very little air                                                               
movement, the air shed is filled.   Even if there is air movement                                                               
during the  day, most folks  return home  close to the  same time                                                               
and  restart  their  fire  [which  again  fills  the  air  shed].                                                               
Therefore, lowering  the emissions  of these stoves  [is helpful]                                                               
for lowering  the emissions at  the beginning [when  people start                                                               
fires].   Lastly,  Representative  T. Wilson  related her  belief                                                               
that  the inspection  and maintenance  (I/M)  program isn't  what                                                               
helped Fairbanks  reach attainment but rather  it was technology,                                                               
specifically  the  catalytic  converters placed  in  automobiles.                                                               
Representative T.  Wilson explained  that Fairbanks is  trying to                                                               
be proactive with  the use of cleaner devices.   She informed the                                                               
committee  that  approximately  73 percent  of  [heating  stoves]                                                               
already have  emissions of 2  grams/hour [of  particulate matter]                                                               
or lower while  25 percent have emissions that are  higher than 2                                                               
grams/hour.     The  aforementioned   is  possible   because  the                                                               
certified wood stove list includes  wood stoves with emissions of                                                               
7.5  grams/hour, which  would likely  be okay  with wind  but the                                                               
valley geography holds  the smoke.  This  legislation provides an                                                               
easy way  to achieve attainment without  a burn ban or  fines and                                                               
is a step in the right direction toward attainment.                                                                             
                                                                                                                                
8:16:39 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  LEDOUX  inquired  as  to why  second  and  third  class                                                               
boroughs  or cities  are precluded  from  regulating without  the                                                               
permission  of  the  governor  in   the  event  of  an  emergency                                                               
declaration.                                                                                                                    
                                                                                                                                
REPRESENTATIVE T. WILSON explained that  the issue is with regard                                                               
to burn bans and that second  and third class boroughs and cities                                                               
don't have police  powers, while first class  boroughs and cities                                                               
do.   Therefore,  first  class boroughs  and  cities have  police                                                               
powers to  put forward  and follow  through with  the regulations                                                               
[for burn bans].                                                                                                                
                                                                                                                                
8:17:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  opined that  HB 163 is  good legislation                                                               
overall, but  inquired as to  the view of DEC  and municipalities                                                               
on HB 163.   She then inquired  as to why the  legislation has an                                                               
indeterminate fiscal note.                                                                                                      
                                                                                                                                
REPRESENTATIVE T.  WILSON noted that  she met with  DEC yesterday                                                               
and  clarified  that   she  doesn't  intend  to   require  a  new                                                               
regulatory status, rather the goal  is to use the EPA's certified                                                               
and   qualified  list   as  well   as  the   borough's  measures.                                                               
Currently, DEC can  lower the emissions, although  the process is                                                               
much more  detailed and  would take  one to two  years to  do so.                                                               
The borough doesn't have that  length of time.  Representative T.                                                               
Wilson acknowledged  that although ultimately gas  will solve the                                                               
issue in Fairbanks  quicker, there will still be  a large portion                                                               
of  the Fairbanks  North Star  Borough  and the  state that  uses                                                               
solid  burning fuel  devices.   Therefore,  the legislation  only                                                               
takes away  [the authority  to issue burn  bans] from  the second                                                               
and [third] class boroughs [or second class cities].                                                                            
                                                                                                                                
REPRESENTATIVE  REINBOLD  inquired  as  to  whether  there  is  a                                                               
penalty [for those  using solid fuel burning devices].   She then                                                               
asked whether the [local stores]  have [the inventory to meet the                                                               
demand].    She  also  asked whether  it's  expensive  to  change                                                               
devices.                                                                                                                        
                                                                                                                                
REPRESENTATIVE T. WILSON pointed out  that residents with a solid                                                               
fuel  burning   device  are  grandfathered  in,   and  thus  this                                                               
legislation would only address those who upgrade.                                                                               
                                                                                                                                
8:20:11 AM                                                                                                                    
                                                                                                                                
CO-CHAIR LEDOUX  acknowledged that second and  third class cities                                                               
and  boroughs enact  ordinances and  regulations, but  don't have                                                               
police  powers.    Since  they  don't  have  police  powers,  she                                                               
understood that the state troopers do the follow up.                                                                            
                                                                                                                                
REPRESENTATIVE T.  WILSON informed  the committee that  the state                                                               
troopers  do not  take care  of the  ordinances in  the Fairbanks                                                               
North Star  Borough.  With  regard to the zoning  issues, letters                                                               
are  written.   The  City  of Fairbanks  has  police powers,  and                                                               
therefore city police could issue a  notice or fine.  However, in                                                               
a second or  third class borough, only  code enforcement officers                                                               
would be  available although they  don't have the same  powers as                                                               
police.   In further response to  Co-Chair LeDoux, Representative                                                               
T. Wilson explained  that the City of Fairbanks is  a first class                                                               
home rule city  and the Fairbanks North Star Borough  is a second                                                               
class borough  with no  police power.   The legislation  tries to                                                               
distinguish  between  who  has   and  who  doesn't  [have  police                                                               
powers].   Many  of  the  state's boroughs  decided  to become  a                                                               
second class  borough versus a  first class borough  because they                                                               
didn't  necessarily want  the police  powers, which  is sometimes                                                               
due to the cost and sometimes to the size of the borough.                                                                       
                                                                                                                                
CO-CHAIR  LEDOUX  inquired as  to  what  sort of  ordinances  the                                                               
Fairbanks  North Star  Borough  promulgates.   She further  asked                                                               
whether anything  they do  is enforceable  since they  don't have                                                               
police powers.                                                                                                                  
                                                                                                                                
REPRESENTATIVE T.  WILSON related  that the Fairbanks  North Star                                                               
Borough  does  have an  animal  control  ordinance through  which                                                               
offenders  are  taken  to  court  for  dangerous  animals.    She                                                               
recalled  that it  has been  15  years since  [the borough]  sued                                                               
anyone  over an  ordinance.     Currently, there  is a  citizens'                                                               
initiative that doesn't allow this activity to happen.                                                                          
                                                                                                                                
8:23:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  opined that the capable  citizens of the                                                               
Fairbanks North  Star Borough  are capable  of keeping  their old                                                               
wood stoves  running for some  time.  Therefore, she  inquired as                                                               
to whether there  has been analysis as to the  result of not many                                                               
of the old [solid fuel burning] stoves being replaced.                                                                          
                                                                                                                                
REPRESENTATIVE T.  WILSON informed  the committee  that Fairbanks                                                               
currently has a state grant for  a wood stove change out program.                                                               
She opined that changing the  program to address wood stoves with                                                               
emissions of over  2.5 grams/hour is more of an  incentive.  This                                                               
legislation would help  the borough because everyone  would go to                                                               
the  2.5 grams/hour.   The  EPA wants  to see  as many  permanent                                                               
solutions  in Fairbanks'  state implementation  plan as  possible                                                               
and this  would qualify  as such.   Although the  borough doesn't                                                               
have modeling yet,  there are things allowing the  borough to get                                                               
closer to  the goal of  residents purchasing cleaner stoves.   In                                                               
further response,  Representative T.  Wilson confirmed  that [the                                                               
aforementioned  would be  achieved]  by limiting  the stoves  for                                                               
sale to  compliant stoves.   She  further confirmed  that dealers                                                               
don't  sell non-EPA  certified stoves,  but they  do sell  stoves                                                               
with emissions above 2.5 grams/hour that are EPA certified.                                                                     
                                                                                                                                
8:27:31 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  LEDOUX,  upon determining  no  one  wished to  testify,                                                               
closed public testimony.                                                                                                        
                                                                                                                                
8:28:10 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  NAGEAK moved  to report  HB 163  out of  committee with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There  being no  objection, HB  163 was  reported from  the House                                                               
Community and Regional Affairs Standing Committee.                                                                              
                                                                                                                                
8:28:30 AM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Community  and Regional  Affairs Standing  Committee meeting  was                                                               
adjourned at 8:28 a.m.                                                                                                          

Document Name Date/Time Subjects
HB163 Hearing Request CRA.PDF HCRA 3/21/2013 8:00:00 AM
HB 163
HB163 Sponsor Statement.pdf HCRA 3/21/2013 8:00:00 AM
HB 163
HB163 Sectional Analysis.pdf HCRA 3/21/2013 8:00:00 AM
HB 163
HB 163 ver P REGULATION OF SOLID FUEL BURNING DEVICES.pdf HCRA 3/21/2013 8:00:00 AM
HB 163
HB163 Fiscal Note-DEC-AQ-03-16-13.pdf HCRA 3/21/2013 8:00:00 AM
HB 163
HB163 Fiscal Note-DCCED-DCRA-03-15-13.pdf HCRA 3/21/2013 8:00:00 AM
HB 163
HB 163 Supporting Documentation 1 -PM 2.5 Health Effects.pdf HCRA 3/21/2013 8:00:00 AM
HB 163
HB163 Supporting Documentation 2-Autos and CO.PDF HCRA 3/21/2013 8:00:00 AM
HB 163
HB163 Supporting Documentation 3-certfied wood stoves.pdf HCRA 3/21/2013 8:00:00 AM
HB 163
HB163 Supporting Documentation 4-EPA Response.pdf HCRA 3/21/2013 8:00:00 AM
HB 163
HB163 Supporting Documents 5-State Implementation Plan.pdf HCRA 3/21/2013 8:00:00 AM
HB 163
HB163 Supporting Documents 6-FNSB Nonattainment Boundary.pdf HCRA 3/21/2013 8:00:00 AM
HB 163