Legislature(2023 - 2024)ADAMS 519
03/26/2024 01:30 PM House FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| HB259 | |
| SB67 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 259 | TELECONFERENCED | |
| + | SB 67 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE FINANCE COMMITTEE
March 26, 2024
1:34 p.m.
1:34:40 PM
CALL TO ORDER
Co-Chair Foster called the House Finance Committee meeting
to order at 1:34 p.m.
MEMBERS PRESENT
Representative Bryce Edgmon, Co-Chair
Representative Neal Foster, Co-Chair
Representative DeLena Johnson, Co-Chair
Representative Julie Coulombe
Representative Mike Cronk
Representative Alyse Galvin
Representative Sara Hannan
Representative Andy Josephson
Representative Dan Ortiz
Representative Will Stapp
Representative Frank Tomaszewski
MEMBERS ABSENT
None
ALSO PRESENT
Representative Sarah Vance, Sponsor; Robert Ballinger,
Staff, Representative Sarah Vance; Bryan Barlow, Deputy
Commissioner, Department of Public Safety; Senator Jesse
Kiehl, Sponsor; John Goeckerman, Staff, Senator Jesse
Kiehl.
PRESENT VIA TELECONFERENCE
David Pruhs, Mayor, City of Fairbanks, Fairbanks; Justin
Mack, Secretary Treasurer, Alaska Professional Fire
Fighters' Association, Anchorage.
SUMMARY
HB 259 COUNCIL ON HUMAN AND SEX TRAFFICKING
HB 259 was HEARD and HELD in committee for
further consideration.
SB 67 PFAS: USE FOR FIREFIGHTING, DISPOSAL
SB 67 was HEARD and HELD in committee for further
consideration.
Co-Chair Foster reviewed the meeting agenda.
HOUSE BILL NO. 259
"An Act establishing the Council on Human and Sex
Trafficking; and relating to the Council on Domestic
Violence and Sexual Assault."
1:36:43 PM
REPRESENTATIVE SARAH VANCE, SPONSOR, introduced herself.
ROBERT BALLINGER, STAFF, REPRESENTATIVE SARAH VANCE,
introduced himself.
Representative Vance stated that HB 259 was a critical
initiative proposing to establish the Council on Human and
Sex Trafficking (CHST) permanently in state statute. The
council was originally established in December of 2021 by
Administrative Order (AO) 328 and played a pivotal role in
combating the exploitation of Alaskans. By formalizing its
existence in statute, the commitment to addressing the
multifaceted challenges posed by human trafficking would be
strengthened. Human traffickers utilized fraud and coercion
to force victims into servitude and commercial sexual
exploitation. Traffickers lured victims with promises of
hard work opportunities, safe housing, and the opportunity
for a better life, then exploited the individuals in
numerous ways. Human trafficking had surpassed the small
arms trade in revenue and generated an estimated $150
billion in illegal revenue every year.
Representative Vance introduced the PowerPoint
Presentation, "HB 259 Council on Human & Sex Trafficking"
dated March 26, 2024 (copy on file). She began on slide 2
and offered some statistics about trafficking in Alaska.
Within 48 hours of young people running away from home, one
out of three would be solicited for sex. In Alaska, the
average age of recruitment was 14 years old to 16 years old
and the average lifespan once recruited was seven years.
One in four homeless women at the Anchorage Covenant House
had been trafficked for sex according to a study that was
conducted in 2017. Since 2007, the human trafficking
hotline had identified 124 cases of human trafficking in
Alaska. Nearly 45 percent of trafficked youth were Alaskan
native. She relayed that there was no typical victim and no
typical trafficker. Victims of human trafficking could be
of any race, national origin, religion, age, gender or
gender identity, sexual orientation, or socioeconomic
status. Likewise, human traffickers could be family
members, diplomats, business owners, labor brokers,
farmers, or fishermen. Studies showed that Alaska Native
youth were disproportionately affected by human
trafficking. She noted that trafficking was a preventable
crime.
Representative Vance continued that one of the main
purposes of establishing the council in statute was to
ensure that preventative work could continue. One of the
primary purposes was public awareness. Most people in
Alaska did not know that there was human trafficking
present in almost every community. Young people were most
commonly trafficked through online means and the prevalence
of online grooming had dramatically increased.
1:40:44 PM
Representative Vance recounted a story provided by Crisis
Alaska about a 14-year-old girl in Soldotna who was a
frequent online video game player. The girl developed a
friendship with another person with whom she played an
online game, who eventually suggested that the two play
games on other platforms. After some time, the 14-year-old
girl shared photos with the other individual. The other
individual was able to gather information about the girl
and eventually became engaged in sexual exploitation.
Representative Vance relayed that about a decade ago,
former Alaska Governor Sean Parnell created the Alaska Task
Force on Crimes and Human Trafficking, Promoting
Prostitution, and Sex Trafficking. The task force
coordinated with the Cook Inlet Tribal Council and put
together the ad hoc non-governmental organization (NGO)
working group on sex trafficking in Alaska. The research
from the working group was foundational to the work of the
current council. The first recommendation of the task force
in 2013 was to establish a permanent working group on human
and sex trafficking as a vehicle to continue the work of
the task force. Unfortunately, the work was long neglected
until Governor Dunleavy established the new council in
2021.
Representative Vance explained that CHST played a vital
role in the ongoing battle against trafficking that was
referred to as modern-day slavery. The council operated on
multiple fronts starting with the crucial task of raising
awareness about the pervasive issue of human trafficking.
By shedding light on the deceptive tactics employed by
traffickers, the council aimed to empower communities with
the knowledge to recognize and combat exploitation.
Additionally, the council engaged in extensive research to
provide comprehensive reports on the prevalence of
trafficking in Alaska, offering valuable insights into the
diverse forms of exploitation. The reports could help
provide a foundation for informed decision making and
strategic planning. The most recent report by the council
was provided to the committee as a supporting document
(copy on file). The council actively proposed solutions to
protect victims in addition to promoting awareness. By
identifying and advocating for measures that could disrupt
the operations of traffickers and provide support to
survivors, the council contributed significantly to the
fight against human trafficking.
Representative Vance advanced to slide 3 and noted that the
council's report from September 2022 had been provided to
the committee (copy on file). On page 5 of the report, the
recommended action was to enact state statutes that placed
the council within the Department of Public Safety (DPS),
established the council as a monitoring body, and
established the term for the council appointments and
duties. She stated that HB 259 was a fulfillment of the
recommendation.
1:45:40 PM
Representative Vance continued to slide 4 and relayed that
the council would provide planning and coordination of
programs specific to victim services, education, public
awareness, data collection and dissemination, and reducing
demand for human and sex trafficking. The council developed
standardized data and annual reports, awarded grants and
provided audits, and increased education and public
awareness.
Representative Vance continued to slide 5 and explained
that the goal was to facilitate a smooth and cost-effective
transition to the permanent council. The intention was for
the council to maintain most of its current membership and
align its structure with that of the Council on Domestic
Violence and Sexual Assault (CDVSA). She turned to slide 6
and noted that additionally, the council would share an
executive director with CDVSA and additional expenses
associated with hiring a new director would be eliminated.
The structure of the 17-member council mirrored AO 328. The
fiscal note was about $333,000 in the first year which
would pay for two new employees and the expenses of the
office, and the cost would decrease in subsequent years.
Over time, the council could return to the legislature with
any future requests as the responsibilities and duties of
the council grew. She was aware that the council would be
unable to fulfill the same mandates that CDVSA was
currently working under, but it could build upon current
work to increase public awareness. She concluded the
presentation.
Representative Vance read a portion of the sponsor
statement (copy on file):
House Bill 259 not only recognizes the pervasive issue
of human trafficking but also acknowledges the
critical role the Council plays in combating it.
Ensuring the Councils permanence in statute signifies
a long-term commitment to eradicating human
trafficking in Alaska. The Council's continuous
presence will enhance the coordination, resources, and
strategies necessary for an effective response to this
complex problem. By addressing the ever-present threat
of human trafficking, House Bill 259 reaffirms
Alaska's dedication to safeguarding the well-being and
rights of all its residents.
Representative Vance invited a testifier from DPS to make
comments.
BRYAN BARLOW, DEPUTY COMMISSIONER, DEPARTMENT OF PUBLIC
SAFETY, introduced himself and noted that he was also the
chair of CHST. He remarked that the bill was a worthy
effort and the council had conducted important work. The
council had many experienced, passionate, and serious
members who had come together and collaborated on the
proposal to work under the model of one director overseeing
both councils. He noted that he had seen success with the
model and thought that it would strike the balance between
being fiscally responsible and being effective. He
understood that there were some concerns about diminishing
the effectiveness of CDVSA by sharing one director, but he
did not think there would be negative consequences. He did
not want to dilute the effectiveness of either council and
wanted to continue to represent and care for the needs of
victims. He shared that he was available for questions.
1:51:14 PM
Co-Chair Edgmon thought the bill seemed highly
prescriptive. He asked if the mandate to select two members
by majority vote to serve on a joint hiring committee was
in statute for CDVSA.
Mr. Ballinger responded that the mandate was not in statute
because it was similar to one used by the boards that
oversaw alcohol and medical marijuana. He explained that
the new statute would be designed to allow the two entities
to collaborate to select a director, which would be new to
the law because of the fact that it would need both
councils to work together to select a director.
Co-Chair Edgmon explained that it was his first time
learning about the bill. He thought a 17-person membership
seemed too large. He asked if there was any consideration
of reducing the size to make the council more agile. He
shared that he was one of 11 members on the Task Force on
Broadband and it was difficult to organize meetings between
11 people.
Representative Vance explained that she worked with the
council and pondered how she could make it function in a
way that was familiar to the legislature. She relayed that
upon working with the council, it became clear that the
other departments needed to be included in the discussion
because it was a broad issue with a significant impact.
There were many individuals who had much to contribute to
the conversation. Each commissioner or appointee had unique
insight and the collaborations had produced helpful data
and research.
Mr. Barlow added that Co-Chair Edgmon's observation was
noted. He agreed that the council was large; however, the
issue had impacted many different areas of society and
numerous viewpoints and experiences were needed in order to
understand how broad the problem was in Alaska. He relayed
that the council had been able to meet about every other
month. The council had been successful for the last couple
of years with the help of its committed members.
1:56:46 PM
Representative Hannan asked how many members were currently
on CDVSA.
Mr. Barlow responded that he believed there were 11
members.
Representative Hannan relayed that one of her concerns was
that the executive director would go from reporting to a
board of 11 members to reporting to 28 members spread
across two different boards. She thought it seemed like a
setup for failure. She noted that Representative Vance's
presentation was focused on sex trafficking, but human
trafficking for labor purposes was a broader category. She
asked for more details on the levels of human trafficking
in the state and the scale of the problem.
Representative Vance explained that she referred to labor
trafficking in the bill as human trafficking, which was
distinctly different from sex trafficking. There was little
known about labor trafficking in Alaska until recently. She
had held a presentation in the House Judiciary Committee on
the topic and recalled that there were about 92 cases of
labor trafficking in Alaska over the last year, and the
cases occurred most often in the fishing industry and in
nail salons. She noted that it was a work in progress and
her focus was on sex trafficking because it was more
prevalent; however, she did not want to deny the presence
of labor trafficking.
2:00:38 PM
Mr. Barlow acknowledged that the executive director would
have an increased workload with the two boards. He offered
reassurance that significant thought had been put into the
decision and the goal was to balance effectiveness and
fiscal responsibility. The model had succeeded in other
areas of state government. He thought that Representative
Hannan had a valid point about the size of the boards, but
he felt strongly that the model would work well and not
diminish the effectiveness of the council.
Representative Hannan understood that the alcohol and
marijuana boards operated under the same model and had one
executive director; however, the two organizations had the
exact same mission and were focused on statutory regulatory
behavior of a business. She noted that the concern was that
CDVSA already had a full plate and the executive director
already had a substantial workload. She did not want to see
the council be put at risk and negatively impacted or
overworked when it was already struggling to keep up with
its current workload.
2:04:05 PM
Representative Coulombe stated that she was concerned that
the state already could not fund the council sufficiently.
She did not want to set up the council to fail. She asked
for more detailed information on why it would not be more
effective to implement an entirely separate council with a
different management structure. She noted that many of the
appointments in the mission seemed very similar to CDVSA.
She asked for clarification on what the new council would
add that was not already being addressed by CDVSA.
Representative Vance responded that in 2023, there was a
section of a bill focused on crime that included the
responsibilities of human sex trafficking within CDVSA.
There was much consternation that the council was already
overwhelmed by its original mandate. There were other
concerns because the issue of trafficking was distinctly
different because trafficking victims and survivors had
different needs than victims of domestic violence. For
example, a trafficking survivor was triggered upon rescue
by a bottle of travel shampoo and body wash in the shower
because travel products were the only products the
individual had access to while the individual was being
trafficked.
Representative Vance thought it was important to create a
distinction between the two councils and ensure the success
of both. She spoke with the sponsor of the crime-related
bill in 2023 and was told that the intent was to ensure
that the issue of trafficking was being addressed. She
began working with DPS to determine what could be done to
place the council in statute permanently because the work
needed to continue and the council needed to grow. The
solution that emerged from the discussions was to fund a
director and a couple of administrative support positions.
The work had been neglected for a period of time and was
not picked up again until 2021. The council would be able
to distribute grants once the council was solidified in
statute. She relayed that resources were limited to those
who were providing services to trafficking victims and she
wanted to provide the means for the council to get off the
ground.
2:09:47 PM
Representative Coulombe understood that one of the fiscal
notes stated that additional funding could be requested for
public awareness campaigns, stakeholder engagement, and
federal authority to receive federal grants. She thought it
might create competition between the two councils because
both councils needed the same resources. She asked if it
was a realistic anticipation that the two councils would be
fighting for funds instead of blending together.
Representative Vance responded that as far as she was
aware, federal grants were highly prescriptive. There were
grants that were specific to human and sex trafficking that
CDVSA would not be eligible to receive because CDVSA was
focused on domestic violence and sexual assault. There may
be overlap in some grants but CHST would be pursuing grants
specific to trafficking. She wanted to offer reassurance
that there should not be competition between councils. The
work was meant to help support victims and creating a
distinction between the two councils was important because
human trafficking was often misidentified as domestic
violence. She thought it would be a positive partnership
and in no way a competition.
Representative Coulombe asked if most people who were
trafficked were victims of domestic assault and sexual
abuse.
Representative Vance replied that at least a third of
traffickers were familial and trafficking was likely to be
first reported as domestic violence. With more education,
it was easier to identify trafficking. She added that the
two councils sharing a director should eliminate
competition between the two. The councils had many of the
same mandates and provided many of the same types of
services.
2:13:49 PM
Representative Ortiz asked Mr. Ballinger what the most
beneficial impact on the fight against human and sex
trafficking would be if the bill were to pass. He asked
what would be achieved if the new council was established.
Mr. Ballinger replied that he was likely the least
equipped person to answer the question but he could answer
legal questions. He thought it would be helpful to have
discussions between experts on creative ways to address the
problem.
Representative Vance responded that the first thing that
could happen would be that the work would continue. She
reiterated that the work had ceased for a long period of
time. One of the first recommendations of the original task
force created by Governor Parnell was to put signage out in
public places providing a hotline number to potential
victims. One of the most important places for the signs was
in airports. She wrote a letter to the Department of
Transportation and Public Facilities (DOT) to ask if the
department was planning on posting signs in the airports in
the state. The department responded that it would post the
signs but after some time had passed, she received a memo
that it had not happened. She relayed that three years
passed and nothing had changed, despite her efforts and
communication with DOT. She was pleased to report that due
to the help from CDVSA, signs were now posted in the
bathrooms in airports in the state. There were also plans
to put the signs up on ferries. The issue was growing and
the victims were becoming younger and younger. She was
passionate about the work continuing because the problem
was not going away.
2:19:06 PM
Representative Ortiz relayed that he had requested a
concise summary of what the bill would accomplish, but he
realized it was a difficult ask. He understood that the
bill would raise public awareness of the issue.
Representative Vance responded that the purpose of the
council was much more than simply spreading public
awareness. Solidifying the council in statute would allow
it to receive and distribute grants and provide necessary
resources to victims. There were minimal resources
currently available to individuals who had been trafficked.
The bill would allow for the acquisition of more federal
dollars and partnerships within the state and also provide
for more data gathering and research. The state currently
had limited services to provide help to victims, but
establishing the council in statute would allow the state
to receive more federal dollars and create the necessary
partnerships to provide services that were not presently
available.
Representative Ortiz asked whether there was any portion or
sector of the state that specifically worked to prevent
human and sex trafficking. He asked if there were
individuals dedicated specifically to the issue.
Mr. Barlow responded that members of the Alaska Bureau of
Investigation were trained investigators in a myriad of
different crimes and were responsible for investigating
cases of sex trafficking and prostitution with a focus on
demand. He did not think the work done by investigators was
enough to properly address the problem; however, the
resources could only go so far. The bill would allow the
state to apply for more grants and acquire more resources.
Representative Ortiz remarked that no one could question
the value of the ongoing cost to support the council, but
he wondered if it would be Representative Vance's
assessment that the wisest and most effective use of
additional resources would be to allocate additional funds
to the council. He asked if supporting the council itself
would be the most effective way to fight human and sex
trafficking.
Representative Vance responded in the affirmative. She
shared that currently, some victims had nowhere to go,
particularly those with mental health needs. The council
would be able to pursue and distribute grants and provide
resources to trafficking victims if the bill were to pass.
The council could also better pursue investigations and use
dollars from grants to fund investigators. She wanted to
make sure that when victims were rescued, there was a safe
place for the victims to go.
2:25:22 PM
Representative Stapp referred to page 5, lines 12 and 13 of
the bill which mentioned the appointment of two members who
were mayors or elected officials in local government to the
council. He was aware that mayors were local government
officials. He understood that the bill would allow the
Anchorage mayor and the presiding officer of the Anchorage
Assembly to be appointed to the same council for the state.
He was unsure if it was the intent of the sponsor. He asked
if geographic diversity in terms of appointees was desired.
Representative Vance replied that the mayor of Anchorage
was included on the council. She thought that Mr. Barlow
could speak to the geographic diversity. The larger cites
in Alaska were vulnerable to being targeted by traffickers
and many individuals who lived in rural areas came to
Anchorage. The presence of the elected officials would
highlight what was going on in the community.
Mr. Barlow responded that geographic diversity of the
council was valued. Initially, the mayor of Anchorage and
the mayor of Fairbanks were members on the council.
Currently, the Anchorage mayor and the Kotzebue mayor were
members.
Representative Stapp relayed that he understood that the
bill would allow two members from Kotzebue to serve as the
only members. He understood that the council would hold
public meetings with a minimum of one meeting per quarter.
He asked if Representative Vance foresaw the council
meeting more frequently than it currently did or less
frequently.
Representative Vance responded that there were
subcommittees that met outside of the regular meetings in
order to accomplish some of the tasks. She thought the
frequency of the meetings would depend upon the objectives.
2:28:27 PM
Mr. Barlow responded that the quantity or rate of meetings
would be higher while the focus of the council was still
being established, but it would reduce over time. There
could be more meetings based on need at the advice of the
chair.
Representative Stapp understood that the bill would enable
all 17 members to receive travel expenses and per diem. He
did not think the expenses were being accounted for in any
of the fiscal notes. He thought it should be assumed that
expenses would be incurred. He noted that DPS had many
vacancies and he wondered why existing positions could not
simply be reclassified instead of adding new positions that
would likely also be vacant.
Mr. Barlow agreed that DPS had a high number of vacancies
and it was a daily endeavor to fill the vacancies. He
thought Representative Stapp had a valid point about the
per diem costs. The council met in person once per year,
but it tried to meet remotely when possible in order to be
fiscally responsible.
Representative Stapp thought there was nothing in the bill
that dictated that any of the meetings should be conducted
remotely.
2:31:49 PM
Representative Galvin thanked Representative Vance for
bringing the issue forward. She had heard that 14 years old
to 16 years old was the average age of recruitment for
trafficking victims and there had been 124 trafficking
cases since 2007 in Alaska, which would be about 18 cases
per year. She asked for confirmation that her information
was correct.
Representative Vance thanked Representative Galvin for her
acknowledgement of the work. She thought that the numbers
did not average out, but when the federal government first
passed trafficking laws, Alaska was the first place for one
of the biggest busts which involved saving a high number of
victims at one. She stressed that there was not an average
number of cases per year.
Representative Galvin responded that it was helpful to
understand that the data was difficult. She understood that
the number of domestic violence and sexual assault victims
every year was substantial. She noted that there was
overlap with trafficking victims, but she did not think
that it should be referred to as a subset of domestic
violence and sexual assault. She asked if the working group
with which Representative Vance had been collaborating on
trafficking issues also had experience with domestic
violence and sexual assault.
Representative Vance responded in the affirmative. There
were many partnerships and there was incredible overlap.
She relayed that trafficking was more common in Alaska than
previously thought. Representative Vance had a friend who
only recently realized that she was being groomed upon
reading through the steps of exploitation, grooming, and
coercion. More victims would be helped as knowledge about
sexual exploitation increased. The council was working to
identify sexual exploitation and help partners understand
how to help victims. The services and resources needed for
a victim of domestic violence or sexual assault were
different than what was needed to help victims of sexual
exploitation.
2:36:56 PM
Representative Galvin commented that she was trying to
understand how domestic violence and sexual assault
overlapped with trafficking. She wondered if there would be
a jockeying for resources if the two were combined or if
the resource types were different. She noted that former
Governor Parnell tried to accomplish a similar task, but it
was a significant request for the commissioners to meet
four times a year. She thought it was reasonable to teach
awareness as part of early learning curriculum. She thought
trafficking seemed to be a subset of domestic violence and
sexual assault but noted that she did not know enough about
the topic to categorize it. She understood that public
awareness was the most important strategy and that funds
needed to be dedicated to the effort.
Representative Galvin noted that page 5 of the bill stated
that one member of the council would represent an Alaska
Native organization. The data stated that currently 45
percent of trafficked youth were identified as Alaska
Native. She assumed that the membership was specifically
designed to ensure that there would be input from an Alaska
Native organization. She asked whether Representative Vance
had considered mandating that more than one member of the
council represent Alaska Natives, particularly considering
the population was more vulnerable.
2:40:15 PM
Representative Vance responded that the language was broad
in order to be inclusive of many organizations, such as the
Alaska Native Women's Resource Center. She explained that
the structure of the membership was the work of CHST and
the council thought it would be the most effective
structure. She fully embraced and endorsed the structure of
the council. The model had been working well and she was
amazed at the dedication to the work. She had not heard any
complaints about certain members not being at the meeting,
but she was open to the recommendations of the committee.
She deferred to Mr. Barlow on the specific outlay of the
membership.
Mr. Barlow reiterated that the structure had been
effective. He thought that the council being solidified in
statute would allow it to pursue specific actions regarding
education and victim services. The council would also be
able to meet different needs within certain groups, such as
Alaska Natives. He would be open to reevaluating the
structure if necessary.
2:43:44 PM
Representative Galvin asked how "effective" was defined.
She had heard that the number of victims was increasing and
she was concerned. She understood that the members were
working together effectively, but wondered about the
overall outcomes of the work. She was also worried about
the costs associated with Representative Stapp's comments.
Mr. Barlow responded that the 17 members had come together
and worked on an important cause. The members were
collectively focused and despite the lack of additional
funding and staff, the council had completed the required
reports and determined its areas of focus. He thought that
the bill represented the next step for the council and
hoped that it could continue its work, seek funding, and
move forward.
Co-Chair Foster invited the sponsor to make any closing
comments.
Representative Vance thanked the committee for its time and
for asking great questions. She thought the questions
showed how important the issue was to everyone.
HB 259 was HEARD and HELD in committee for further
consideration.
2:47:08 PM
AT EASE
2:49:34 PM
RECONVENED
SENATE BILL NO. 67
"An Act relating to firefighting substances; and
providing for an effective date."
2:50:07 PM
SENATOR JESSE KIEHL, SPONSOR, introduced SB 67 and
explained that per and polyfluoroalkyl substances (PFAS)
were a group of chemicals harmful to human health. The
chemicals were linked to serious health conditions
including low birth weight, thyroid disease, and cancer,
even in extremely small concentrations. He relayed that
PFAS were an efficient firefighting tool because the
chemicals were waterproof and fire resistant; however, PFAS
were difficult to get rid of and toxic. When PFAS were used
in firefighting, it was common for the chemicals to
infiltrate drinking water. As more locations around Alaska
were tested for PFAS contamination due to the use of
firefighting foam, it was discovered that PFAS
contamination was more common than previously thought.
Senator Kiehl explained that SB 67 would take a "no new
spills" approach to the problem. The bill would require
anyone with firefighting foam that contained PFAS to make a
switch to fluorine-free alternatives that were already
approved for use in airports. The Federal Aviation
Association (FAA) had adopted the military specifications
and it was particularly interested in the fluorine-free
foam's ability to quickly extinguish jet fuel fires on top
of an aircraft carrier. The FAA had approved the fluorine-
free foams that had been in use in other places around the
world for many years and the alternatives were available.
The bill had a delayed implementation for the oil and gas
industry because fluorine-free foams that would
successfully extinguish oil and gas fires were not yet
available. The goal of the bill was to protect people's
health, not cost workers their lives. He shared that the
technology was improving and tools would soon be available
for the oil and gas industry. Several of Alaska's
firefighting professionals, including the current fire
marshal, were either involved in or were closely monitoring
research in other states, but Alaska was not yet ready for
the switch.
2:54:44 PM
Senator Kiehl explained that the next major provision in SB
67 was also focused on the no new spills goal. Some years
back, the state collaborated with the Rasmuson Foundation
and the Alaska Village Initiative to put together
firefighting carts called Code Red carts. The carts could
be pulled behind a four-wheeler and could be transported
easily to fight fires. The carts were provided to 136 rural
communities and the cargo included a canister of PFAS
firefighting foam concentrate. At present, 85 percent of
the carts were broken and could not be used to fight fires,
but the concentrate was still present in villages all
across Alaska. The bill required that the state would
ensure that the concentrate was properly disposed of and it
would not be left in rural villages where there was a risk
of spillage.
Senator Kiehl relayed that the bill needed two fixes: the
first was the effective date and the second was tweaking
some language in the bill to make it acceptable to the
administration. He had received proposed language from the
Department of Environmental Conservation (DEC) earlier in
the day and he would soon be drafting the language into an
amendment. He would share the language with the committee
once it was written into the amendment. The work had been
collaborative and productive and he hoped to bring the
committee the new language in the near future.
Senator Kiehl noted that there were invited testifiers
waiting to provide testimony. He introduced Mr. John
Goeckerman, who was serving as an intern in his office
through the University of Alaska and Ted Stevens
Foundation's legislative internship program. He shared that
his staff could provide a sectional analysis at the chair's
discretion.
Co-Chair Foster suggested that the committee hear the
sectional analysis.
2:57:16 PM
JOHN GOECKERMAN, STAFF, SENATOR JESSE KIEHL, reviewed the
sectional analysis (copy on file):
Sec. 1 of the bill creates a new section:
Sec. 46.03.340(a): Everyone outside the oil & gas
industry must stop using PFAS-containing foams,
unless federal law preempts Alaska law.
Sec. 46.03.340(b): People fighting fires in the
oil & gas industry may continue using PFAS-
containing foams until an alternative is approved
by regulation.
Sec. 46.03.340(c): The state fire marshal can
determine there is a safe and effective PFASfree
foam for fighting oil or gas fires if the
alternate foam is listed by an organization in
OSHA's Nationally Recognized Testing Laboratory
Program. The fire marshal must require the new
foam by regulation, with a stated effective date.
Sec. 46.03.340(d): DEC must take up to 40 gallons
per year of PFAS-containing firefighting foam
from Alaskans for disposal.
Sec. 2 of the bill sets an effective date of January
1, 2024.
Co-Chair Foster relayed that the committee would hear from
invited testifiers.
2:58:26 PM
DAVID PRUHS, MAYOR, CITY OF FAIRBANKS, FAIRBANKS (via
teleconference), testified that the City of Fairbanks had a
PFAS contamination environmental issue. He relayed that
Fairbanks had a firefighting training center with a
containment system and firefighters would light up oil in
the containment system and put the fire out. The
containment system did not fail, but the firefighters
sprayed outside of the containment system and chemicals
leached into the water table and migrated in a northwest
path for about four miles. The city had spent approximately
$5.4 million to connect houses to water systems to prevent
contamination, but the problem was still pervasive. He
often asked himself what he could do that might impact the
state in 20 years. He thought that banning PFAS would have
a positive impact in 20 years and it would have a positive
effect on the environment.
3:00:20 PM
JUSTIN MACK, SECRETARY TREASURER, ALASKA PROFESSIONAL FIRE
FIGHTERS' ASSOCIATION, ANCHORAGE (via teleconference),
testified in support of SB 67. He currently served with the
Alaska Professional Firefighters, the Anchorage
Firefighters Union, the Firefighter Cancer Support Network,
and was a captain at Fire Station 3 in Mountain View with
the Anchorage Fire Department. One of the things that he
had learned about the profession was how dangerous fires
could be. There were known threats such as a burning
building, a roof collapse, a commercial building collapse,
but the threat he did not one understand as a new
firefighter was exposure to dangerous chemicals that could
lead to cancer. He relayed that exposure to chemicals was
responsible for the highest number of firefighter deaths.
The connection between PFAS and cancer was incredibly
strong. In 2022, the International Agency for Research on
Cancer changed its view and made the occupation of
firefighting a Group 1 carcinogen, which meant the
profession itself was carcinogenic to humans. He explained
that Group 1 classification was used when there was the
strongest level of evidence that a substance could cause
cancer. Firefighters were exposed to toxic chemicals
through the firefighting foam and the protective equipment
that firefighters wore.
Mr. Mack added that PFAS was a broad category and only one
of the areas of exposure. The PFAS firefighting foam worked
by creating a blanket over a liquid seal that acted as a
barrier preventing flammable vapors from escaping the
liquid. The foam helped to both extinguish the fire and to
prevent additional ignition of vapors. The problem was that
although foams containing PFAS were more effective than
fluorine-free foams, PFAS had harmful effects on humans and
animals. The chemicals would not degrade naturally in the
environment. In January of 2023, the Department of Defense
issued a new performance specification for firefighting
foams used by the military. The specification outlined the
functional requirements for firefighting foams used on
military bases and were required to be able to effectively
extinguish Class B hydrocarbon liquid fuel fires without
containing PFAS. The next step that several groups were
working on was how to improve the foams to increase
effectiveness in fighting fires. He thought that the foam
products would become available on a larger scale as more
testing was done.
Mr. Mack continued that exposure to PFAS had been linked to
several issues including cancer, reproductive problems,
immune system disorders, and hormonal disruption, and
firefighters were at an increased risk of exposure.
Legislation was crucial to limit the use of PFAS in
firefighting foams and promote the adoption of safer
alternatives. By restricting the use of PFAS-containing
foams, the legislature could reduce firefighters' exposure
to the harmful chemicals and mitigate the environmental
impacts of PFAS contamination. Additionally, legislation
could promote support of PFAS-free firefighting foams that
were effective in extinguishing fires without posing health
and environmental risks. He concluded that addressing
firefighter safety concerns surrounding PFAS required
comprehensive legislation to limit the use of PFAS
firefighting foams and mitigate the environmental impact.
By prioritizing and adopting safer alternatives and
implementing measures to prevent PFAS contamination of
drinking water, the legislature could safeguard the health
and wellness of firefighters and communities.
3:05:41 PM
Co-Chair Foster asked how many gallons of PFAS foam were on
the firefighting carts that were distributed to the rural
villages. He was trying to determine how many of the carts
could be taken back per year.
Senator Kiehl responded that the cap of 40 gallons written
in the bill was targeted at the Code Red carts. The carts
had a five gallon concentrate and a 30 gallon premix tank.
The cap of 40 gallons was chosen to allow for a buffer.
Representative Josephson recalled that Senator Kiehl
mentioned an upcoming amendment related to the take back
provision. He asked whether the administration was working
with the senator on take back provision language only or
was it also working with the senator on finding an
alternative to PFAS itself.
Senator Kiehl responded that the amendment language was
related to the take back provision and PFAS foam in
villages and small remote areas. He thought that members of
the committee would recall that the governor's capital
budget included funding for DOT to replace PFAS foams at
DOT-operated airports, which he applauded. He understood
that DOT was the second largest owner of PFAS foam in the
state. He thought that DOT was on the right track, and it
was now buying fluorine-free foams.
Co-Chair Foster invited the senator to make any closing
comments.
Senator Kiehl appreciated that the committee had taken time
to focus on the issue and looked forward to working with
the committee again once the amendment language from the
administration was finalized.
HB 259 was HEARD and HELD in committee for further
consideration.
Co-Chair Foster reviewed the agenda for the following day's
meeting.
ADJOURNMENT
3:09:30 PM
The meeting was adjourned at 3:09 p.m.