02/15/2008 03:00 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| HB295 | |
| HB271 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 295 | TELECONFERENCED | |
| *+ | HB 271 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
February 15, 2008
3:02 p.m.
MEMBERS PRESENT
Representative Kurt Olson, Chair
Representative Mark Neuman, Vice Chair
Representative Jay Ramras
Representative Robert L. "Bob" Buch
Representative Berta Gardner
MEMBERS ABSENT
Representative Carl Gatto
Representative Gabrielle LeDoux
OTHER LEGISLATORS
Representative Max Gruenberg
COMMITTEE CALENDAR
HOUSE BILL NO. 295
"An Act relating to the filing or recording of documents and
records with the Department of Natural Resources, to the
inspection and copying of filed and recorded documents, and to
the filing of secured transaction records under the Uniform
Commercial Code; and providing for an effective date."
- MOVED HB 295 OUT OF COMMITTEE
HOUSE BILL NO. 271
"An Act relating to flame retardants and to the manufacture,
sale, and distribution of products containing flame retardants;
relating to bio accumulative toxic chemicals; and providing for
an effective date."
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 295
SHORT TITLE: RECORDED OR FILED DOCUMENTS
SPONSOR(s): REPRESENTATIVE(s) LYNN
01/04/08 (H) PREFILE RELEASED 1/4/08
01/15/08 (H) READ THE FIRST TIME - REFERRALS
01/15/08 (H) L&C, RES
02/15/08 (H) L&C AT 3:00 PM CAPITOL 17
BILL: HB 271
SHORT TITLE: FLAME RETARDANTS AND TOXIC CHEMICALS
SPONSOR(s): REPRESENTATIVE(s) DOLL, GRUENBERG
01/04/08 (H) PREFILE RELEASED 1/4/08
01/15/08 (H) READ THE FIRST TIME - REFERRALS
01/15/08 (H) L&C, HES
02/15/08 (H) L&C AT 3:00 PM CAPITOL 17
WITNESS REGISTER
NANCY MANLY, Staff
to Representative Bob Lynn
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 295 on behalf of the prime
sponsor, Representative Bob Lynn.
VICKY BACKUS, State Recorder
State Recorder's Office
Division of Support Services
Department of Natural Resources (DNR)
Anchorage, Alaska
POSITION STATEMENT: Testified and answered questions on HB 295.
REPRESENTATIVE ANDREA DOLL
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified as one of the joint prime
sponsors of HB 271.
KELLY NICOLELLO, Assistant Fire Marshal
Division of Fire and Life Safety
Department of Public Safety (DPS)
Anchorage, Alaska
POSITION STATEMENT: Testified and answered questions on HB 271.
CHRIS HALL
Anchorage, Alaska
POSITION STATEMENT: Testified on HB 271.
PAM MILLER, Executive Director
Alaska Community Action on Toxics (ACAT)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 271.
GWEN NORTON
Anchorage, Alaska
POSITION STATEMENT: Testified on HB 271.
LAWRENCE WEISS,Ph.D. Retired Professor of Public Health
University of Alaska Anchorage;
Executive Director
Alaska Center for Public Policy
Anchorage, Alaska
POSITION STATEMENT: Testified and answered questions on HB 271.
JAY BUTLER, M.D.
Chief Medical Officer
Office of the Commissioner
Department of Health and Social Services (DHSS)
Anchorage, Alaska
POSITION STATEMENT: Testified and answered questions on HB 271.
SUSAN WALSH, Registered Nurse
Ketchikan, Alaska
POSITION STATEMENT: Testified in support of HB 271.
LAUREN HEINE, Ph.D.,Consultant
Clean Production Action
Bellingham, Washington
POSITION STATEMENT: Testified on HB 271.
TIM JUNE
Haines, Alaska
POSITION STATEMENT: Testified on HB 271.
CHRIS CLEET, Director
Environmental Affairs
Information Technology Industry Council
Washington, D.C.
POSITION STATEMENT: Testified on HB 271.
ETHAN BERKOWITZ
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 271.
KRISTIN RYAN, Director
Division of Environmental Health
Department of Environmental Conservation (DEC)
Juneau, Alaska
POSITION STATEMENT: Testified during the discussion on HB 271.
ERIC MOHRMANN, Fire Chief
Alaska Fire Chiefs Association (AFCA)
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 271.
VALERIE DELAWN
Juneau, Alaska
POSITION STATEMENT: Testified during the discussion on HB 271.
ACTION NARRATIVE
CHAIR KURT OLSON called the House Labor and Commerce Standing
Committee meeting to order at 3:02:29 PM. Representatives Buch,
Gardner, Neuman, and Olson were present at the call to order.
Representative Ramras arrived as the meeting was in progress.
HB 295-RECORDED OR FILED DOCUMENTS
3:02:36 PM
CHAIR OLSON announced that the first order of business would be
HOUSE BILL NO. 295, "An Act relating to the filing or recording
of documents and records with the Department of Natural
Resources, to the inspection and copying of filed and recorded
documents, and to the filing of secured transaction records
under the Uniform Commercial Code; and providing for an
effective date."
NANCY MANLY, Staff to Representative Bob Lynn, Alaska State
Legislature, explained that the advancing technology in the
State Recorder's Office has reached a point of "instant
recording." She characterized HB 295 as primarily a cleanup
bill to allow this to happen. This bill would amend three areas
in statute to enable the return of original documents to the
presenter at the time of recording, to ensure all required
recording information is located on the document, to delete
references to filming or scanning daily recordings, to remove
all references to court authority over the recorder's office,
and would update Uniform Commercial Code (UCC) forms, references
and statutes, and to conform with national standards. This bill
would also require that documents presented for recording
contain the name of the recording district in which the document
is to be recorded. The State Recorder's Office requested HB 295
and any questions be directed to the State Recorder's Office.
In response to Representative Gardner, Ms. Manly answered that
no one has contacted the bill's sponsor in opposition to HB 295.
3:04:44 PM
VICKY BACKUS, State Recorder, State Recorder's Office, Division
of Support Services, Department of Natural Resources (DNR), also
characterized HB 295 as primarily cleanup legislation, but noted
that the bill will pave the way to allow for electronic
recording. The proposed changes to AS 40.17 will change the way
a document is returned to the person after it is recorded.
Currently, the recorder's office must return the original
document to the person designated on the document after it has
been recorded internally. The division requests that the
document be returned to either the person named on the
instrument, or to the presenter at the time of recording.
Another division request is to amend statute to require that
recording district information be on the document. Current
statute allows this information to be submitted verbally or in a
cover letter. However, if the information is not on the
document, the recorder's office must create a verbal form or
retain the cover letter which identifies the desired recording
district. Subsequently, the form and cover letter must be
filmed, scanned, and retained for future reference.
Additionally, proposed AS 40.25 would remove a requirement that
the recorder's office provide facilities for copying the public
record. Previously, the division's backlog for filming
necessitated an outside vendor film the records. Since the
recorder's office has been current for quite some time, the
statutory requirement is no longer necessary. This proposed
section will also remove a reference for the recorder's office
to be under the court's jurisdiction. However, the recorder's
office has not been under its jurisdiction since 1977. She
offered that proposed changes to AS 45.29 would allow the DNR to
adopt regulations specifying acceptable Uniform Commercial Code
(UCC) forms, along with the authority to reject documents
submitted on old forms. This change is to prevent filers from
including their social security number (SSN), she explained. In
fact, the old forms currently in use and authorized by statute
include a space for the SSN. Thus, people continue to provide
this private information. The use of the new national form will
eliminate that field, she noted.
3:07:42 PM
MS. BACKUS, in response to Representative Neuman, answered that
there are no other departments that officially record the public
record.
REPRESENTATIVE NEUMAN related his understanding that the
Department of Natural Resources maintains all public records and
further inquired about birth and death certificates.
MS. BACKUS, in further response to Representative Neuman,
explained that the permanent public record of Alaska primarily
consists of real estate documents. She offered that birth
certificates and death certificates are not considered public
records.
3:09:57 PM
CHAIR OLSON, after first determining no one else wished to
testify, closed public testimony on HB 295.
3:10:15 PM
REPRESENTATIVE NEUMAN moved to report HB 295 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 295 was reported from the
House Labor and Commerce Standing Committee.
The committee took an at-ease from 3:10 p.m. to 3:13 p.m.
HB 271-FLAME RETARDANTS AND TOXIC CHEMICALS
3:13:05 PM
CHAIR OLSON announced that the final order of business would be
HOUSE BILL NO. 271, "An Act relating to flame retardants and to
the manufacture, sale, and distribution of products containing
flame retardants; relating to bioaccumulative toxic chemicals;
and providing for an effective date."
3:13:07 PM
REPRESENTATIVE ANDREA DOLL, Alaska State Legislature, speaking
as one of the joint prime sponsors, explained that HB 271 would
ban the manufacture and sale of certain products that contain
chemicals, called polybrominated diphenyl ethers (PBDEs). The
PBDEs are flame retardant chemicals used in the manufacture of
industrial fabrics found in items such as mattresses, carpet
pads, and upholstery, as well as in the plastic casings of
computers and other electronic devices. She offered that PDBE
flame retardants have received national attention in such
publications as the New York Times, the National Geographic, and
Newsweek. She pointed out that PBDE chemicals are categorized
into three different classes, which are "decaBDE", "octaBDE",
and "pentaBDE." The most hazardous forms of PBDE, octaBDE and
pentaBDE, have been banned in ten states. Many industries have
voluntarily used alternatives to PBDEs. The European community
has also banned PBDEs, she advised.
3:16:13 PM
REPRESENTATIVE DOLL offered that while decaBDE has not been
considered as dangerous, it degrades into the other two forms.
The PBDEs are considered "persistent organic pollutants" which
means that the chemicals accumulate in the environment. The
PDBEs are found in all kinds of products and most frequently are
ingested by breathing in the dust. The chemicals contaminates
food and accumulates in fat and breast milk. In fact, the
United States has the highest level of this contaminant in
breast milk in the world, she opined. She noted the presence of
PDBEs in milk, fish, dairy products as well as sewage and
sludge, which is often recycled in fertilizer. Globally PDBES
are more significant in northern climates, with significant
levels in marine mammals such as killer whales. The coastal
Alaskan Natives have historically depended on marine mammals as
a food source so consequently it represents a health threat.
Representative Doll explained that this matter initially came to
her attention because it affects children's health in that it
negatively affects the brain tissues in young children and the
unborn. It also affects memory and learning functions, creates
thyroid problems, and significantly reduces sperm counts in
adults, she opined. According to current research, when PDBEs
are burned they create toxic fumes which represent a significant
hazard for firefighters. Thus, firefighters have assisted
passage in other states of similar legislation to ban or
restrict use of PDBEs.
3:19:28 PM
REPRESENTATIVE DOLL related that the International Association
of Firefighters (IAFF) supports HB 271. She pointed out that
there are safe alternatives for PDBEs. This bill would ban all
products that contain pentaBDE and octaBDE, although these
products are being voluntarily phased out, she noted. This bill
would ban decaBDE in mattresses and upholstery beginning in
2009, and would authorize the Department of Environmental
Conservation (DEC) to add other chemical flame retardants it
deems harmful to public health if reasonable, safe alternatives
exist. This bill will empower the department to educate
retailers to identify products that contain the chemicals and to
fine companies that fail to comply with the ban. Under the
bill, every two years, the DEC must report the progress of the
ban. It must also develop a list of chemicals of concern along
with a strategy to phase out products. Under HB 271, the phase
out would be gradual, and the bill provides exemptions for
transportation vehicles. In response to Chair Olson,
Representative Doll explained the rationale to exempt some
industries such as the airline industry that use PDBEs is to
allow for voluntary compliance. "No one wants to be poisoned,"
she said. In further response to Chair Olson, she noted that
the bill is modeled after Maine and Washington's laws which have
banned all three forms of PDBEs. Additional exemptions in the
bill include exemptions for mining and electrical companies, as
well as resale of goods.
3:22:28 PM
REPRESENTATIVE NEUMAN pointed out that some of the letters in
the committee packet suggest that there is not enough evidence
to support the complete ban of PDBEs, such as letters from the
American Chemistry Council, the Department of Public Safety, and
the Minneapolis Fire Department. He asked the prime sponsor to
discuss whether HB 271 is premature since there are no viable
alternatives, or since some chemicals are used within products
such as light bulbs that are not readily released into the
environment.
REPRESENTATIVE DOLL referred to a listing of alternatives
titled, "Protect Public Health HB 271 "Flame Retardants and
Toxic Chemicals" which is contained in the packet.
REPRESENTATIVE GARDNER pointed out to the extent there are
environmental risks to products and chemicals, it is also
important to consider the costs associated without using them.
3:27:52 PM
KELLY NICOLELLO, Assistant Fire Marshal, Division of Fire and
Life Safety, Department of Public Safety (DPS), Anchorage,
Alaska read a prepared statement as follows [original
punctuation provided]:
With the permission of the Chair, My Name is Kelly
Nicolello; I am the Assistant State Fire Marshal for
the Department of Public Safety Division of Fire and
Life Safety. For the record, I have 29 years of
expertise in the fire service.
It appears from multiple sources that polybrominated
diphenyl ethers (PBDEs) are a concern to the well
being of humans and animals. The fact that PBDE is a
persistent organic pollutant, similar to PCBs and DDT,
and can remain in the environment for years without
breaking down is of major concern. The larger problem
is the lack of serious regulation of the chemical
industry. If the chemical industry were regulated to
the degree of pharmaceutical industry we probably
wouldn't be having this discussion. Pharmaceuticals
(chemicals intentionally ingested, injected, inhaled
by, or topically applied to humans) have to be proven
safe for humans before they are sold on the open
market. In the industrial chemical industry it seems
that chemicals are banned only after they are proven
harmful to humans or the environment. I see a benefit
to this legislation, as long as there is a suitable
fire retardant to replace the PBDEs. The lack of fire
retardant will kill more people sooner than using
PBDEs.
Dell Computers and HP are leading the way in
eliminating the use of PBDEs. Dell is drastically
reducing their use of brominated fire retardants.
They currently prohibit the use of PBCs and PBDEs
(including DecaBDE) for all of their products. HP is
following suit. Dell's goal is to eliminate the use
of all brominated fire retardants by 2009. They will
use different plastics and retardants when applicable
and when possible re-engineer their products so that
fire retardants aren't required.
The value of flame retardants in plastics is extremely
high. Without them we would have many more fires,
exposing firefighters more often, and would not be
able to have some of the convenience appliances and
products we now enjoy in our homes today. Flame
retardants in plastics protect us from low temperature
ignition. Fighting structure fires is hazardous.
Chemical contamination is just one danger of this
occupation. Structural collapse, back-draft, and
flashover are hazards that are prevented when the fire
doesn't start.
I want to thank Rep. Doll for taking the initiative on
this issue and bringing it forward. I also want to
thank her for contacting our office and involving the
Div. of Fire and Life Safety in the review of the
legislation. The division cannot support the
legislation at this time because there is not enough
empirical evidence established that supports the
complete ban of these chemicals, nor are there enough
adequate replacements for these chemicals available at
this time. While this bill provides an opportunity to
discuss this issue and the possibility of a ban in the
future, the division feels the measure is premature at
this time. I am available to answer any questions
relating to the division or our conclusion of the
bill. Thank you.
3:31:15 PM
REPRESENTATIVE GARDNER recalled that Mr. Nicolello's testimony
mentioned efforts by the computer industry to phase out PBDEs.
She inquired as to whether the manufacturers of mattresses or
upholstery have similar plans.
MR. NICOLELLO explained that market force tends to shift
manufacturers, although he did not have any statistics to
demonstrate that shift. The division hopes that the chemical
industry will self regulate with respect to the health risks
posed by PBDEs and replace the PBDEs with substitute that does
not pose a health hazard, he related. In further response to
Representative Gardner, Mr. Nicolello noted that as states begin
to ban PDBEs, the industry will search for viable substitutes.
3:32:56 PM
CHRIS HALL explained that he is not involved in any fire
protection organization. He expressed concern with HB 271
because flame retardants have protected thousands of people from
burning. He offered statistical information that showed when
flame retardants were first introduced it resulted in a 64
percent drop in death rates from household fires. Until safer
alternatives for flame retardants are discovered, that have
withstood testing, it is unwarranted to create a bureaucratic
process, spend unknown funds, and put the citizens of Alaska at
fire risk, he opined.
3:34:29 PM
PAM MILLER, Executive Director, Alaska Community Action on
Toxics (ACAT), said that she is also a biologist for the ACAT, a
statewide environmental health organization that conducts
research and provides educational programs, technical
assistance, and training. She related that ACAT urges support
for HB 271. This bill is an important measure to help protect
the health of workers and the general public. The American
Public Health Association (APHA) recognizes the public health
threat presented by the prevalence of toxic PBDE flame
retardants. The APHA passed a resolution that read [original
punctuation provided]:
In light of the emerging science on the inherent
toxicity and persistence of PBDEs, evidence of adverse
health effects on animals, and the prevalence and
rising levels in fish, biota, and human breast milk,
immediate action is needed to prevent further
environmental contamination and to protect public
health. The American Public Health Association urges
state and federal governments to require the use of
all PBDE flame retardants be phased out in all
products manufactured and sold in the U.S. by a date
certain.
Polybrominated diphenyl ethers (PBDEs) are similar in
structure to the banned chemicals known as PCBs,
polychlorinated biphenyls, and thus can have similar
harmful effects on the body. The PBDEs are
persistent, bioaccumulative, and toxic. People are
exposed to PBDEs through contaminated air, household
dust, and foods. PBDEs are associated with adverse
health effects in animal studies, including:
neurobehavioral toxicity, thyroid hormone disruption,
and for some forms of the chemical, cancer. PBDEs can
impair brain development and the ability to learn.
There is growing evidence that these chemicals can
cause developmental effects, endocrine disruption,
immunotoxicity, and long-term multi-generational harm.
Worldwide, people in the U.S. have the highest levels
in breast milk, blood serum, and body fat - 10-100
fold higher than people in Europe, Asia, and New
Zealand. PBDEs can be transferred to the developing
baby during pregnancy and to newborns through breast
milk. One study suggests that in utero exposure is
associated with an increased risk of testicular cancer
in men. The Agency for Toxic Substances and Disease
Registry (ATSDR) lists decaBDE as a possible human
carcinogen based on the development of liver tumors in
laboratory animals. PBDE exposures have been
correlated with cryptochidism, or undescended testes
in newborn boys. PBDEs are persistent and travel long
distances atmospherically-PBDEs are now ubiquitous and
found in Arctic air, sediments, and wildlife. People
of the north are more vulnerable to exposures due to
higher levels of consumption of fish and marine
mammals. Dr. Larissa Taskser of the University of
Sherbrooke, Department of Obstetrics, and Gynecology
states: Current regulations do not take into account
how sensitive the fetus is to the toxicity of
polluting agents. She observed effects at extremely
low doses at levels that we consume everyday. She
concluded that PBDES can have an impact on a pregnant
woman's thyroid gland and could adversely affect the
fetal brain. Elevated levels of PBDEs are found in
workers who dismantle and recycle electronics, those
who repair and maintain computers, and in rubber
workers. Firefighters are at particular risk because
they are exposed to toxic fumes containing PBDEs from
burning building materials, electronics, and
furniture. Safe and economic alternatives are
available that does not compromise fire safety.
MS. MILLER concluded by saying that there are many materials
from states such as Maine and Illinois that provide viable
alternatives. She urged passage of HB 271.
3:39:31 PM
REPRESENTATIVE GARDNER inquired as to whether Ms. Miller was
aware of any studies that have been conducted that quantify
PBDEs in the tissues or breast milk of Alaskans, Alaskan
Natives, or coastal Alaskans. She further inquired as to
whether Ms. Miller was aware of any studies that outline the
incidence of health problems and birth defects.
MS. MILLER answered that there have been several studies of
Alaska wildlife and environmental concentrations of PDBEs, but
the studies in Alaska are relatively new unlike those undertaken
in Canada and some other arctic countries. Alaska has
undertaken few studies of wildlife and people. In 2007, ACAT,
along with other environmental health organizations in six other
states published a bio-monitoring study that looked at levels of
PBDEs, and other chemicals in Alaskans. Alaskans had some of
the higher levels of PDBEs compared to those in the other
states. She opined that northern people are at risk and more
vulnerable since they are exposed at home, on the job, and
because of the long-range transport and persistence of the
chemical in northern climates. She noted that there is ample
evidence, particularly from other arctic nations that show
northern people have elevated levels of PBDEs in their bodies
than do people in lower latitudes.
3:41:52 PM
GWEN NORTON explained that as a concerned citizen, she
researched PBDEs on the Internet. She offered that many
organizations such as the National Academy of Sciences, the
European Union, the United States Product Safety Commission, and
National Association of State Fire Marshals have studied PBDEs
and have found that the decaBDEs are safe for use until a better
alternative is discovered. These organizations have recognized
that more lives will be saved due to protection from fires. She
pointed out that many people in Alaska use wood stoves or
resides in areas off the road system. Thus, fire safety must be
a primary concern for Alaskans at this time.
3:43:16 PM
LAWRENCE WEISS, Ph.D., Retired Professor of Public Health,
;University of Alaska Anchorage; Executive Director, Alaska
Center for Public Policy (ACPP), noted that he is also the
editor of the Alaska Health Policy Review. He explained that he
has been a member of the American Public Health Association
(APHA) for about 30 years, which is the largest and oldest
public health organization in the world with about 50,000
members. APHA annually adopts about a dozen policy resolutions.
In 2004, it passed a resolution on one chemical, the PBDEs. He
recalled that someone mentioned that there is not definitive
scientific evidence of the harmful consequences from PBDEs. He
highlighted that APHA policy, which is emphasized in its
Resolution 2004-5, as follows:
APHA policy encourages precautionary action to prevent
potential harm to reproductive health, infants, and
children, even if some cause and effect relationships
have not been established with scientific certainty.
DR. WEISS explained that even though there is not definitive
scientific evidence, there is sufficient evidence to warrant
precautionary measures since the consequences are so terrible.
He said he kept hearing in testimony today that the alternatives
are that Alaskans can have PBDEs and fire safety, or a ban on
PBDEs without fire safety. He opined that that is simply not
true. He pointed out that even Resolution 2005-5, which he
offered in part, included that some computer and electronics
manufacturer like Apple, Ericsson, IBM, Intel, Motorola, Sony,
Panasonic, and Phillips are using alternatives. Further, he
noted that Motorola uses a halogen free laminate that is cost
effective and meets fire safety standards and that Toshiba has
replaced plastic casings with inherently flame resistant
polyphenaline sulfides (PPS). He pointed out that other
companies like IKEA, Crate and Barrel, and Eddie Bauer request
PBDE free polyurethane foam products from their manufacturer,
the Hickory Springs Manufacturing Company. He stressed that
alternatives to PDBEs exist and are widely used.
DR. WEISS, in response to Representative Gardner, offered to
provide the committee with a copy of the APHA Resolution,
2004-5.
3:47:15 PM
REPRESENTATIVE BUCH inquired as to whether a list of
alternatives along with cost benefit ratios is available.
DR. WEISS answered that he could not speak to cost effective
alternatives other than to say that to the extent that some
manufacturers are already using them, the alternatives must be
cost effective and seem to be competitive in the market.
3:48:42 PM
JAY BUTLER, M.D., Chief Medical Officer, Office of the
Commissioner, Department of Health and Social Services (DHSS),
noted his focus would be on the potential benefits and risks
from a ban of pentaBDE, octaBDE, and decaBDEs. The possible
health threats have been covered and stems from their tendency
to accumulate in the environment and the bodies of mammals,
including human beings. The PBDEs appear to be similar to the
better known class of organic persistent pollutants
polychlorinated biphenals (PCBs) which cause cancer and other
health conditions. Although there have not been large scale
epidemiological studies of the health effects of PBDEs in
humans, studies in animals indicate that these compounds can
cause permanent changes in behavior, learning, and memory, as
well as thyroid dysfunction. The PBDE concentrations in human
breast milk higher are up to 40 fold higher in North America
than they are in Europe, where pentaBDE and octaBDE have been
banned. Ms. Miller pointed out that there have not been studies
done in Alaska. Possible risks from banning PBDEs are from
burns, but he offered that has not been data indicating an
increase in burn injury and deaths from European Union where
these substances are banned. Additionally, it appears that
satisfactory alternative flame retardants are available and
exemptions for certain products where good alternatives are not
available are addressed in HB 271.
3:51:03 PM
DR. BUTLER, in response to Representative Gardner, pointed out
that studies on PBDEs in Alaskans have not been done. He
offered that the department has the ability at the state health
laboratory, but not the resources to perform the testing on the
health effects of PBDE use. He offered that the fiscal note
includes a reimbursable services agreement (RSA) with Department
of Environmental Conservation (DEC) for $30,000, to support a
portion of the costs for a toxicologist associated with a solid
waste/pesticide program within DEC to research the hazards and
risks associated with flame retardants. He speculated that the
costs for a toxicologist to conduct a study would be similar.
3:53:09 PM
SUSAN WALSH, Registered Nurse, related that she has over 30
years of experience as a nurse. She said she hopes the
committee will support HB 271. She pointed out that the
American Nurses Association (ANA) adopted a resolution in 2006,
which she summarized, as follows:
When an activity raises threats to harm to human
health or the environment, precautionary measures
should be taken even if some cause and effect
relationships have not been established with
scientific certainty. The proponent of an activity,
the manufacturer, rather than the public, should bear
the burden of proof. The process of applying the
precautionary principal must be open, informed, and
democratic, and must include potentially affected
parties. It must also involve an examination of a
full range of alternatives including no action.
MS. WALSH pointed out that there are viable alternatives to such
chemicals. She asked the committee to please weigh the cost
benefit of eliminating such toxins in amniotic fluid, breast
milk, and our food sources. She pointed out that the APHA and
IAFF have recommended the phase out of the toxic PBDE flame
retardant. She urged the committee to do the same. As a member
of the ANA Board of Directors, she offered to urge the ANA to
adopt a resolution in support of HB 271.
3:55:50 PM
LAUREN HEINE, Ph.D.,Consultant, Clean Production Action, stated
that she has worked extensively with the United States
Environmental Protection Agency (EPA), Design for the
Environment program. Over the past few years, there have been
two multi-stakeholder partnerships examined alternatives to
pentaBDE. The second partnership is currently underway to
review alternative flame retardant materials in electronic
circuit boards. The first partnership focused on foam and
identified at least 12 chemicals that could be used by
manufacturers by furniture, foam, and textile manufacturers as
viable alternatives to pentaBDE. Although the chemical can
still be imported from China, PBDEs have been banned in Europe.
Thus, manufacturers asked the EPA for help in finding
alternatives. The EPA reviewed currently viable alternatives.
She said that Alaska is disproportionately affected by PBDEs
since the chemicals are not produced in Alaska, but drift north.
Firefighters are exposed to dioxins, which are formed when these
substances burn. She reiterated that fire safety is not
compromised. The truth is that safe alternatives will replace
PBDEs, she opined. Phosphate based flame retardants are much
safer and some larger manufacturers of PBDEs are currently
purchasing smaller phosphate based companies and are poised to
sell the alternatives and in some cases already do so. She
noted other states have taken action such as Michigan that
banned pentaBDE and octaBDE. In fact, Michigan also proposes to
ban decaBDE since there is growing evidence that decaBDE
degrades into lower toxic chemicals or cogeners. She pointed
out 11 major electronic manufacturers produce products that do
not contain PBDEs and have goals to eliminate all brominated
flame retardant from 2008 to 2010. Many mattress manufacturers
now prefer to cover foam with a fabric overcoating instead of
dousing the product in PBDE chemicals. The green product market
is exploding because demand the products, she opined. She
stressed the importance of passing HB 271. Manufacturers will
respond to Alaska's signal, she opined.
4:01:40 PM
TIM JUNE said that he participated last year in a national
biomonitoring study that tested a small group of people in seven
states for evidence of three groups of chemicals, including fire
retardants. Since he contracted cancer at a young age, he has
lived in Haines for the past 30 years in order to avoid chemical
exposure. Five Alaskans were randomly tested as part of the
study, and of the 35 participants, all had some levels of
chemicals used in flame retardants in their blood with two
Alaskans having the highest levels of chemicals in their blood.
He said what concerns him is that Alaskans think they live in a
safe environment. Granted, this was a small study, but members
should consider HB 271 because of Alaska's geographical
position. He asked members to review the bill from a public
health and prevention standpoint. He remarked that he was not
aware of persistent use of chemicals until he filled out the
biomonitoring study survey that included a list of questions
such as assessing whether participants sleep on a foam mattress,
or have had a carpet pad deteriorate. He highlighted that
increasing consumer's awareness elevates their right to know and
the choices that consumers make on how to live their lives. He
related as one of 30,000 commercial fishermen that he often
slept on bare foam rubber on fishing boats. He characterized HB
271 as a good "consumer right to know" bill. He especially
enjoyed the preventive aspects of HB 271 that require the DEC to
compile a list of harmful chemicals and then work to eliminate
them. Health and insurance costs are rising at an astronomical
rate, he opined. Preventative strategies require a minimum
amount of time and investment with long-term benefits for
individual Alaskans and the state, he opined. He urged the
committee to take action on HB 271. In response to
Representative Gardner, Mr. June answered that to his knowledge
memory foam pads are not labeled as to PBDE content since
labeling is not required.
4:09:12 PM
CHRIS CLEET, Director, Environmental Affairs, Information
Technology Industry Council (ITI), stated that ITI represents
many of the manufacturers of technology mentioned. He explained
that ITI manufacturers offer a full range of electronic
products, such as computers, televisions, medical devices, and
cell phones. He called attention to the differences between
pentaBDE, octaBDE, and decaBDE PBDEs. Problems with pentaBDE
and octaBDE are well known, but decaBDE is different, he opined.
The European Union has performed a ten year risk assessment on
several hundred studies on the toxicity and uses of decaBDE.
Since the risk assessment did not find any risk for its
continued use, decaBDE has been exempted from the ban. Although
the risk assessment was updated in 2004, evidence still did not
reveal any issues for health or environmental risks.
Alternatives are being used by industry, which suggests that the
market is working. However, alternatives to PBDEs don't work in
all cases and are not always best alternative. He urged the
committee to allow time for industry to phase out chemicals if a
decision is made to ban PBDEs. He also asked the committee to
carefully consider any alternative chemical. He noted that
Maine and Washington are the only states that banned decaBDE.
However, HB 271 scope is vastly different from the legislation
that those states banned. Since it is difficult for industry to
tailor its products for individual states, he suggested that the
committee review the scope of Washington and Maine legislation,
in particular with respect to products such as computer casings,
mattresses, and upholstery. He related that ITI opposes the ban
on PBDEs under HB 271.
4:13:10 PM
ETHAN BERKOWITZ, noted that although he is no longer a
legislator, he decided to testify since he was one of 35
Americans that participated in a national biomonitoring project
in the spring of 2007. He predicted that he would fare well in
the testing that measures toxic chemicals in the bodies of
average Americans since he thought he was in good health.
Although he is not sure how the chemicals came into his body, he
emphasized the unsettling aspect of the biomonitoring project
results. He urged committee members to make a deliberate
decision and to contemplate the evidence. He speculated how
many Alaskans might be afflicted with toxins, contract diseases,
or may need social assistance. He emphasized the hidden costs
for using the chemicals, PBDEs, should be considered. He urged
members to make an informed decision. Additionally, he opined
that consumers have a right to know that toxins could be
ingested if they use certain products. The legislature has the
responsibility to force companies that use these chemicals in
their products to stop doing so in order to protect consumers.
He pointed out that at one time chemicals such as dichloro
diphenyl trichloroethane (DDT) were thought to be essential for
agriculture and for the betterment of mankind. Now DDT is
banned. He concluded that all chemicals should be subject to
review.
4:18:18 PM
KRISTIN RYAN, Director, Division of Environmental Health,
Department of Environmental Conservation (DEC), said that the
division has reviewed what other states are doing with respect
to PBDEs, particularly in Illinois, Michigan, Maine, and
Washington. Other states have passed legislation similar to HB
271, she offered. Since other states have already examined
PBDEs, their research provides resources for Alaska to use.
Initially, the division thought that it should phase in the
prohibitions. However, the division decided that there may not
be much benefit to take that approach. The division supports
banning octaBDE and pentaBDE in Section 1 of HB 271. More
controversial is the proposed banning of decaBDE. She echoed
earlier testimony, that some industries like the transportation
industry are exempted in HB 271. She opined that certain
industries have imposed higher standards, which is likely why
the transportation industry has been exempted in the bill.
There are not safe alternatives yet for the transportation
industry, she opined. This bill is silent about the medical
industry, she noted. However, that industry has very high
standards too. Other states' research highlights safe
alternatives for electronics, mattress, and upholstery. Banning
decaBDE would not be problematic in those industries, she
offered. However, banning decaBDE in other industries would
pose problems. The division has recommended some changes, but
she declined to offer specifics at this time. She said that the
division is supportive of proposed AS 18.31.680, which lists
toxic chemicals. The DEC is often asked for information on
which toxic chemicals are found in the environment, beyond
PBDEs. She related that the division would like a holistic
approach to identifying toxic chemicals, to work with a
toxicologist, and provide the legislature with the results. She
pointed out that the division has tested for PBDEs in its fish
monitoring program. Thus far, the division has collected
approximately 150 samples of fish. The PBDEs are dangerous at
really low levels so the division tests at parts per trillion.
However, it is expensive to do the testing. While the division
tests some fish each year, the PBDEs have not appeared in the
fish samples yet, although fish may not be the best indicator of
PBDEs, she surmised.
4:23:56 PM
MS. RYAN, in response to Representative Gardner, answered that
the division has not tested marine mammals. She explained that
the previous testimony likely referred to Canadian studies. She
offered that the division's testing has been limited to fish
since that food source is predominately consumed. The division
is more concerned with mercury levels, she opined.
4:24:49 PM
REPRESENTATIVE BUCH referred to proposed AS 18.31.680, and the
reasonable economic study looking at public safety issues
mentioned by Ms. Ryan. He asked what a plan of that type might
entail and what it would cost to implement such a study.
MS. RYAN answered that the DEC's fiscal note addresses creating
such a program. The department has evaluated the cost of the
program including working with the health department to select
the contaminants, identify concerns from a health perspective,
and to develop regulations to formalize the program.
4:25:55 PM
REPRESENTATIVE GARDNER inquired as to whether the ban for
mattresses and electronics would create a burden to
manufacturers.
MS. RYAN responded that the states that banned the PBDEs have
done so because the states have found it safe to ban them. She
offered to provide committee members copies of research that
other states have conducted. She cautioned against replicating
research that has already been compiled by other states.
4:27:01 PM
ERIC MOHRMANN, Fire Chief, City & Borough of Juneau, Alaska Fire
Chiefs Association (AFCA), stated that the AFCA has reviewed
other states' data and fully supports HB 271 ban of PBDEs in
Alaska. The AFCA is also concerned with fire retardants and
plastic materials. However, the AFCA is aware of viable
substitutes and believes the hazards outweigh the usefulness of
the chemicals. He highlighted that he has 35 years of
experience, with 29 years experience in fire prevention. He
offered that the federal government requires fire retardants
specifically for electronic cases, children's sleepwear, and
children's mattresses. He highlighted that mattresses located
in hospitals and jails and foam furniture located in atriums are
also subject to fire retardant. Elsewhere, he said he did not
believe that fire retardants are specified by code, but he
offered to verify that information. Consequently, foam plastics
represent a significant hazard for fire fighters. Flame
retardant material is important, but may not be used as
extensively as the committee might think, which may reduce the
impact of considering the ban of PBDEs. The AFCA has considered
PBDEs, and passed a resolution supporting a ban on the
importation and sale of these products in Alaska.
4:30:04 PM
VALERIE DELAWN noted that she has a Bachelor of Science degree
in Forestry and a Masters' degree in a health care field. She
said she is also a health care author. She echoed earlier
testimony that identifies that alternatives to PBDEs are readily
available, as well as that some companies have taken steps to
self-regulate the uses of PBDEs. She offered concern that while
11 states ban PBDEs and other states are considering similar
legislation, that Alaska may well become a "dumping ground" for
products manufacturers cannot sell in other states. The PBDEs
leech from dumps to water. Thus, she surmised that PBDEs will
begin to show up in Alaska's water.
4:32:45 PM
CHAIR OLSON announced his intention to keep the public testimony
open on HB 271 [HB 271 was held over.]
4:33:05 PM
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
4:33 p.m.
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