Legislature(2009 - 2010)BUTROVICH 205
03/22/2010 01:30 PM Senate HEALTH & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| HB349 | |
| SB295 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 349 | TELECONFERENCED | |
| += | SB 295 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
March 22, 2010
1:32 p.m.
MEMBERS PRESENT
Senator Bettye Davis, Chair
Senator Joe Paskvan, Vice Chair
Senator Joe Thomas
Senator Fred Dyson
MEMBERS ABSENT
Senator Johnny Ellis
COMMITTEE CALENDAR
HOUSE BILL NO. 349
"An Act relating to the Statewide Suicide Prevention Council."
- MOVED HB 349 OUT OF COMMITTEE
SENATE BILL NO. 295
"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."
- MOVED SB 295 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 349
SHORT TITLE: SUICIDE PREVENTION COUNCIL MEETINGS
SPONSOR(s): REPRESENTATIVE(s) FAIRCLOUGH
02/17/10 (H) READ THE FIRST TIME - REFERRALS
02/17/10 (H) STA
03/11/10 (H) STA RPT 5DP
03/11/10 (H) DP: JOHNSON, GATTO, GRUENBERG,
PETERSEN, LYNN
03/11/10 (H) STA AT 8:00 AM CAPITOL 106
03/11/10 (H) Moved Out of Committee
03/11/10 (H) MINUTE(STA)
03/12/10 (H) TRANSMITTED TO (S)
03/12/10 (H) VERSION: HB 349
03/15/10 (S) READ THE FIRST TIME - REFERRALS
03/15/10 (S) HSS
03/22/10 (S) HSS AT 1:30 PM BUTROVICH 205
BILL: SB 295
SHORT TITLE: FLAME RETARDANTS AND TOXIC CHEMICALS
SPONSOR(s): SENATOR(s) WIELECHOWSKI
02/24/10 (S) READ THE FIRST TIME - REFERRALS
02/24/10 (S) HSS, FIN
03/17/10 (S) HSS AT 1:30 PM BUTROVICH 205
03/17/10 (S) Heard & Held
03/17/10 (S) MINUTE(HSS)
03/22/10 (S) HSS AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
CRYSTAL KOENAMEN, Staff
to Representative Anna Fairclough
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Presented HB 349 on behalf of the sponsor.
CHRIS HALL, Community Relations Specialist
ARC of Anchorage
Anchorage, AK
POSITION STATEMENT: Supported SB 295.
ROXANNE CHAN, representing herself
Anchorage, AK
POSITION STATEMENT: Supported SB 295.
GORDON NELSON, PhD, Dean
College of Science
Florida Institute of Technology
Melbourne, FL,
POSITION STATEMENT: Opposed SB 295.
PETER THERING, representing himself
Mat-Su Valley, AK
POSITION STATEMENT: Opposed SB 295.
ANNA GODDUHN, representing herself
Fairbanks, AK
POSITION STATEMENT: Supported SB 295.
PAMELA MILLER, Executive Director
Alaska Community Action on Toxics
Anchorage, AK
POSITION STATEMENT: Supported SB 295.
ACTION NARRATIVE
1:32:40 PM
CHAIR BETTYE DAVIS called the Senate Health and Social Services
Standing Committee meeting to order at 1:32 p.m. Present at the
call to order were Senators Paskvan, Dyson, and Davis. Senator
Thomas arrived soon thereafter.
HB 349-SUICIDE PREVENTION COUNCIL MEETINGS
CHAIR DAVIS announced consideration of HB 349.
SENATOR THOMAS joined the meeting.
1:33:19 PM
CRYSTAL KOENAMEN, Staff to Representative Fairclough, explained
that that last year the makeup of the Suicide Prevention Council
was modified in order to make it easier to establish a quorum.
Because of geographic challenges the council continues to have
difficulty meeting a quorum and HB 349 addresses that by
allowing the members to meet and vote via teleconference.
SENATOR THOMAS asked if the issue was that members understood
that they could vote by teleconference but in wasn't in statute
or if it was that members were precluded from voting by some
other area of the statute.
MS. KOENAMEN replied they preferred not vote by teleconference
because they weren't sure if it was legal.
SENATOR THOMAS opined that they probably could have voted, but
he hasn't looked at the statute.
1:36:07 PM
SENATOR DYSON asked if this was the suicide prevention board to
which he was recently appointed.
MS. KOENAMEN answered yes; there is only one state-wide Suicide
Prevention Council and it's housed within the Department of
Health and Social Services (DHSS).
SENATOR DYSON said he doesn't believe that rises to the level of
a conflict of interest but he wanted to disclose it. He added
that being able to participate by teleconference would be very
valuable.
1:38:01 PM
SENATOR PASKVAN moved to report HB 349 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, HB 349 moved from the Senate Health and
Social Services Standing Committee.
At Ease from 1:38 p.m. to 1:40 p.m.
SB 295-FLAME RETARDANTS AND TOXIC CHEMICALS
CHAIR DAVIS announced the consideration of SB 295. It was heard
previously.
1:41:02 PM
CHRIS HALL, Community Relations Specialist, ARC of Anchorage,
said he is speaking in favor of SB 295. He explained that ARC of
Anchorage is a private not-for-profit organization that helps
people with mental health and developmental disabilities live
satisfying and dignified lives. They are one of the more than
1,000 local chapters nationwide. He said that these disabilities
have multiple negative quality of life impacts on disabled
individuals and their families and cost the state a great deal
because of required special education and increased health care
costs.
MR. HALL pointed out that the scientific literature indicates
that flame retarding chemicals concentrate in children at higher
levels than in adults. Scientists recently concluded that for
children, inhaling and ingesting contaminated dust is likely to
be an important pathway for exposure to PBDEs. In the U.S., PBDE
levels in tissue and breast milk are many times higher than in
any other country that keeps this data and appear to be doubling
every 2-5 years in North America.
Animal studies indicate that exposure to PDBEs has been
associated in with learning difficulties, IQ, behavior, delayed
puberty, reproductive development, thyroid function, and cancer.
Scientific evidence has demonstrated that neurological effects
occur at even lower levels of exposure. Children that have
higher concentrations of PDBEs in their umbilical cord blood
scored lower on tests of mental and physical development between
age 1 and 6. At age 4 those with the highest prenatal exposures
had verbal and IQ scores that were lower by 5.5 to 8 points.
MR. HALL concluded stating that SB 295 is important legislation
to help protect children from needless exposure to PBDEs;
affordable and effective alternatives are available.
1:44:36 PM
ROXANNE CHAN, representing herself, said that when she was in
high school she traveled to Europe and spent one afternoon with
a friend picking out the most perfect shade of pink fingernail
polish. Subsequently she found that she had been unwittingly
exposed to toxic chemicals in that polish. Now she is a
registered nurse, an acupuncturist and practitioner of oriental
medicine. She has spent her adult life avoiding chemical
exposure yet recent tests revealed that her body is contaminated
with a variety of toxic chemicals including moderate levels of
PBDEs. For reasons that she doesn't understand she had
exceptionally high levels of BEHP, a type of phthalate.
MS. CHAN said that she was innocent that summer in junior high
to the effects of these chemicals; she expected adults to be her
guardians. As publicly elected officials she asked legislators
to become guardians of the innocent and enact SB 295. There are
alternatives to polybrominated diphenyl ethers, she said.
1:47:36 PM
GORDON NELSON, Dean, College of Science, Florida Institute of
Technology (FIT), said he received his PhD in chemistry from
Yale and over the last 35 years his research has been in flame
retardants and flame retardant plastics. Pointing out that penta
and octa BDE haven't been manufactured since 2004 and the three
manufacturers of deca agreed with the U.S. EPA in January to
phase out production over three years, he opined that a bill
like SB 295 isn't necessary. Rather, he suggested letting the
U.S. EPA proceed unhindered. Furthermore, it's important to
understand that after deca passed over 1,100 risk assessments
the 2008 European Union report determined that it was safe for
continued use.
MR. NELSON noted that SB 295 regulates mattresses, upholstery
and electronic products and not transportation, but several
studies indicate that exposure to deca in automobiles is several
times higher than exposure in a home or office. Furthermore, the
bill doesn't deal with product end-of-life issues and in the
absence of that these chemicals will be around for many decades
to come. He suggested that the Department of Environmental
Conservation (DEC) will have difficulty determining whether a
flame retardant is harmful or if there are safer alternatives.
For example, a State of Washington report recommended replacing
deca with triphenyl phosphate (TPP), but TPP isn't a flame
retardant for polystyrene, which is the plastic in televisions.
Second, TPP has been cited as an endocrine disrupter and has
significant toxicity for trout.
MR. NELSON said the next problem with the bill relates to the
definition it gives for a flame retardant because as a scientist
he doesn't know what it means. Referencing the previous
testimony, he acknowledged that one will find 1-200 chemicals in
any given person's blood at the part per billion level; the
question is what that means and if there's any health hazard. He
urged the committee not to pass SB 295 because the state's
concerns have already been addressed.
1:53:43 PM
SENATOR PASKVAN asked if the January 2010 phase out was based in
part on a safety consideration.
MR. NELSON replied the risk assessment in Europe said the
material is safe for use, but these manufacturers decided it was
less trouble to move to something else. For example, you can no
longer buy baby bottles with certain plastics.
SENATOR PASKVAN asked if he agrees that this bill would prohibit
products with penta and octa in them from being sold in Alaska
even if they were last manufactured in 2004.
MR. NELSON replied you won't find a new product with penta or
octa in it because the material hasn't been available to
manufacturers for 6 years.
SENATOR PASKVAN asked if stopping manufacture of penta and octa
is in part the result of safety considerations.
MR. NELSON said absolutely; penta and octa did not pass the EU
risk assessment, but deca did pass.
1:57:08 PM
SENATOR THOMAS asked what harm there would be for Alaska to
speed up the phase out of deca within its borders.
MR. NELSON opined that the harm is that it interferes with the
U.S. EPA process.
SENATOR THOMAS asked if he agrees that Alaska wouldn't have much
impact if it decided to speed up the phase out within its
borders.
MR. NELSON said he agreed, but the result could be that Alaska
might not have some products that it otherwise would have
because just one fire retardant can't be used for all products.
He again mentioned the suggestion in the State of Washington to
use triphenyl phosphate instead of deca and said if that were
the law a different plastic would have to be used and that would
require product redesign. He continued to say that it's
interesting that the bill specifically mentions computers even
though deca isn't used in computers because they need higher
performing plastics. Starting in 1975 the primary use of deca
was to flame retard polystyrene in televisions and the result
was that the previously high death rate from television fires in
the U.S. dropped dramatically.
2:01:23 PM
SENATOR DYSON asked if he would agree that it's easier to draw a
cause and effect relationship in children's clothing than a
component in a car or a piece of furniture.
MR. NELSON replied he agrees but the chemicals that the bill
proposes to ban aren't used in clothing.
SENATOR DYSON asked what components are used in automobiles that
are so much more dangerous than these other applications.
MR. NELSON replied he wouldn't use the term "dangerous" but
automobiles have high levels of flame retardant in the plastic
and upholstery in the interior. Because the environment is small
and closed, human exposure is higher.
SENATOR DYSON asked if it's difficult to diagnose the source of
the contamination for people who have high levels of these
chemicals.
MR. NELSON said yes; several years ago members of the EU
Parliament were tested for 103 chemicals and most of the
individuals tested positive for all. However, it's difficult to
know if it was one element or a particular combination. He
provided a personal example relating to high levels of arsenic
in the blood.
SENATOR DYSON surmised that it would be difficult to draw a
direct cause and effect relationship between contemporary levels
of contamination and the use of a certain fingernail polish some
years ago.
MR. NELSON agreed heartily.
SENATOR PASKVAN asked if he's being paid for his testimony today
and if so, by whom.
MR. NELSON replied he was asked to testify by the Citizens for
Fire Safety (CFS) and would be paid for his time, but he had not
reviewed his comments with CFS.
2:06:18 PM
PETER THERING, representing himself, said he is a part-time
volunteer EMT. After listening to the testimony last week he did
his own research and found that other burn centers oppose this
kind of bill. Looking further he found that only four states
have passed this type of legislation because there aren't safe
alternatives. The more you learn the more you'll agree that this
bill should be held, he concluded.
2:07:53 PM
ANNA GODDUHN, representing herself, said she's studied
environmental toxicology for several years and is concerned by
the lack of precaution in chemicals management. A great deal of
research has been done on the toxicity of these kinds of
compounds and the implications can be incorporated into policy
with a simple rule. That is if it's toxic to mice and it
accumulates in human blood and fat, people shouldn't be widely
exposed to it. But industry will never voluntarily take
responsibility for the real cost of their products, she said.
Thus, it's the Legislature's responsibility to make sure that
industrial activity is conducted with regard to risks to human
health.
Referencing previous testimony, Ms. Godduhn said she doesn't
agree that passing this bill would interfere with the U.S. EPA
process in any way whatsoever. Rather, accelerating the phase
out would instead be a major victory. Quite simply, we have to
learn to live without these and other products that cause
tremendous harm, she concluded.
2:12:56 PM
PAMELA MILLER, biologist and Executive Director, Alaska
Community Action on Toxics (ACAT), said ACAT is a statewide
environmental health research organization. She said it's known
that PBDEs are toxic and bioaccumulative endocrine disrupting
chemicals used as flame retardants in consumer products like
mattresses, upholstery, building products, and electronics.
Because they aren't chemically bound to the products, they can
be released into the indoor and outdoor environment. Exposure
can occur through dietary ingestion and inhalation of
contaminated dust.
MS. MILLER mentioned the research from the Columbia University
School of Public Health that Mr. Hall cited and confirmed the
findings about reduced IQ scores. One researcher said the
observed reduction in IQ scores is in the range seen with low
level lead exposures and noted that this is a concern because IQ
is a predictor of future educational performance and. Ms. Miller
said this research underscores the need for preventative
policies to reduce toxic exposures occurring in utero. And it
augments the scientific evidence that links exposures to low
levels of PBDEs in the environment with harm to
neurodevelopment, reproduction, thyroid function, and immune
system suppression.
MS. MILLER noted that an independent and in depth study by the
University of Massachusetts found that safer alternatives are on
the market and in widespread use. She opined that even though
deca is being phased out, Alaska should act now to protect
children, fire fighters, and others against these persistent,
toxic, and unnecessary chemicals. The EPA entered into a
voluntary phase out agreement with these manufacturers because
they recognize the serious harm to health that these chemicals
present to the public.
MS. MILLER said she realizes that deca is less persistent than
some other formulations of PDBEs, but the evidence demonstrates
that it breaks down into more persistent and toxic bi-products
like penta and octa. SB 295 is an important protective measure
that will provide long lasting protection for public health
without compromising fire safety. She urged the committee to
pass the bill.
2:18:08 PM
CHAIR DAVIS closed public testimony and asked for a motion.
SENATOR PASKVAN commented that the committee heard from Gordon
Nelson today and he did not state his affiliation even though it
was his obligation to do so as a witness, particularly since he
was being paid to testify. When a witness doesn't state an
affiliation, it causes me to mistrust their substantive
testimony, he said.
SENATOR DYSON said he should maintain that perspective and
continue to ask the question because many who testify have a dog
in the fight, but that doesn't mean that their testimony isn't
accurate. He observed that a lot of folks testified today with
great passion, but the testimony may not be as well informed as
one would hope. Our quest is always to get accurate information,
he concluded.
2:20:37 PM
SENATOR PASKVAN moved to report SB 295 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, SB 295 moved from the Senate Health and
Social Services Standing Committee.
2:21:07 PM
There being no further business to come before the committee,
Chair Davis adjourned the Senate Health and Social Services
Standing Committee hearing at 2:21 p.m.
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