Legislature(2021 - 2022)BUTROVICH 205
05/03/2021 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s) | |
| SB104 | |
| SB85 | |
| HB115 | |
| SB121 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 104 | TELECONFERENCED | |
| *+ | SB 85 | TELECONFERENCED | |
| += | HB 115 | TELECONFERENCED | |
| += | SB 121 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE RESOURCES STANDING COMMITTEE
May 3, 2021
3:31 p.m.
MEMBERS PRESENT
Senator Joshua Revak, Chair
Senator Peter Micciche, Vice Chair
Senator Gary Stevens
Senator Jesse Kiehl
Senator Scott Kawasaki
MEMBERS ABSENT
Senator Click Bishop
Senator Natasha von Imhof
COMMITTEE CALENDAR
CONFIRMATION HEARING(S)
Big Game Commercial Services Board
Ely Cyrus-Kiana
- CONFIRMATION ADVANCED
SENATE BILL NO. 104
"An Act relating to geothermal resources; relating to the
definition of 'geothermal resources'; and providing for an
effective date."
- MOVED CSSB 104(RES) OUT OF COMMITTEE
SENATE BILL NO. 85
"An Act relating to forest land use plans; relating to forest
land use plan appeals; relating to negotiated timber sales; and
providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 115 AM
"An Act relating to aquatic farming and hatchery site leases;
and requiring the director of the division of lands to provide
the legislature with an annual report relating to aquatic
farming and hatchery site leases."
- MOVED SCS HB 115(RES) OUT OF COMMITTEE
SENATE BILL NO. 121
"An Act relating to pollutants; relating to perfluoroalkyl and
polyfluoroalkyl substances; relating to the duties of the
Department of Environmental Conservation; relating to
firefighting substances; relating to thermal remediation of
perfluoroalkyl and polyfluoroalkyl substance contamination; and
providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 104
SHORT TITLE: GEOTHERMAL RESOURCES
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
03/10/21 (S) READ THE FIRST TIME - REFERRALS
03/10/21 (S) RES, FIN
04/09/21 (S) RES AT 3:30 PM BUTROVICH 205
04/09/21 (S) Heard & Held
04/09/21 (S) MINUTE(RES)
04/28/21 (S) RES AT 3:30 PM BUTROVICH 205
04/28/21 (S) -- MEETING CANCELED --
05/03/21 (S) RES AT 3:30 PM BUTROVICH 205
BILL: SB 85
SHORT TITLE: FOREST LAND USE PLANS; TIMBER SALES
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/12/21 (S) READ THE FIRST TIME - REFERRALS
02/12/21 (S) RES, FIN
04/28/21 (S) RES AT 3:30 PM BUTROVICH 205
04/28/21 (S) -- MEETING CANCELED --
05/03/21 (S) RES AT 3:30 PM BUTROVICH 205
BILL: HB 115
SHORT TITLE: AQUATIC FARMING & HATCHERY SITE LEASES
SPONSOR(s): STORY
02/24/21 (H) READ THE FIRST TIME - REFERRALS
02/24/21 (H) FSH, RES
03/04/21 (H) FSH AT 11:00 AM GRUENBERG 120
03/04/21 (H) Heard & Held
03/04/21 (H) MINUTE(FSH)
03/09/21 (H) FSH AT 11:00 AM GRUENBERG 120
03/09/21 (H) Moved HB 115 Out of Committee
03/09/21 (H) MINUTE(FSH)
03/10/21 (H) FSH RPT 7DP
03/10/21 (H) DP: VANCE, STUTES, STORY, MCCABE,
KREISS-TOMKINS, ORTIZ, TARR
03/19/21 (H) RES AT 1:00 PM BARNES 124
03/19/21 (H) Heard & Held
03/19/21 (H) MINUTE(RES)
03/22/21 (H) RES AT 1:00 PM BARNES 124
03/22/21 (H) Moved HB 115 Out of Committee
03/22/21 (H) MINUTE(RES)
03/24/21 (H) RES RPT 4DP 3NR
03/24/21 (H) DP: SCHRAGE, GILLHAM, HANNAN, PATKOTAK
03/24/21 (H) NR: RAUSCHER, HOPKINS, CRONK
03/31/21 (H) TRANSMITTED TO (S)
03/31/21 (H) VERSION: HB 115 AM
04/07/21 (S) READ THE FIRST TIME - REFERRALS
04/07/21 (S) RES
04/23/21 (S) RES AT 3:30 PM BUTROVICH 205
04/23/21 (S) Heard & Held
04/23/21 (S) MINUTE(RES)
05/03/21 (S) RES AT 3:30 PM BUTROVICH 205
BILL: SB 121
SHORT TITLE: PFAS USE & REMEDIATION; FIRE/WATER SAFETY
SPONSOR(s): KIEHL
04/07/21 (S) READ THE FIRST TIME - REFERRALS
04/07/21 (S) RES, FIN
04/28/21 (S) RES AT 3:30 PM BUTROVICH 205
04/28/21 (S) -- MEETING CANCELED --
05/03/21 (S) RES AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
ELY CYRUS, Appointee
Big Game Commercial Services Board
Department of Commerce, Community and Economic Development
Kiana, Alaska
POSITION STATEMENT: Testified as appointee to the Big Game
Commercial Services Board.
SEAN CLIFTON, Policy and Program Specialist
Division of Oil and Gas
Department of Natural Resources
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on SB
104.
BRENT GOODRUM, Deputy Commissioner
Department of Natural Resources
Anchorage, Alaska
POSITION STATEMENT: Provided opening remarks on SB 85.
TIM DABNEY, Acting State Forester and Director
Division of Forestry
Department of Natural Resources
Anchorage, Alaska
POSITION STATEMENT: Delivered a PowerPoint titled "Forest Land
Use Plans; Negotiated Timber Sales" to introduce SB 85.
CATHY SCHLINGHEYDE, Staff
Senator Jesse Kiehl
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for SB 121.
KELLY MCLAUGLIN, advocate
Gustavus PFAS Action Coalition
Gustavus, Alaska
POSITION STATEMENT: Testified in strong support of SB 121.
JOHN KENNISH, PhD, retired chemist representing
Alaska Community Action on Toxics
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 121.
ACTION NARRATIVE
3:31:15 PM
CHAIR JOSHUA REVAK called the Senate Resources Standing
Committee meeting to order at 3:31 p.m. Present at the call to
order were Senators Kawasaki, Stevens, Kiehl, and Chair Revak.
Senator Micciche arrived immediately thereafter.
He reviewed the agenda.
^CONFIRMATION HEARING(S)
CONFIRMATION HEARING(S)
Big Game Commercial Services Board
3:32:49 PM
CHAIR REVAK announced the consideration of governor appointee
Ely Cyrus to the Big Game Commercial Services Board (BGCSB). He
related the function of the board, which is to license and
regulate the activities of providers of commercial services to
big game hunters. He noted Mr. Cyrus was appointed to the
Private Landholders/Restricted seat on February 17, 2021. If
confirmed, his appointment would expire March 1, 2024.
He asked Mr. Cyrus to provide a little background and tell the
committee his interest in serving.
3:33:31 PM
ELY CYRUS, Appointee, Big Game Commercial Services Board,
Department of Commerce, Community and Economic Development
(DCCED), Kiana, Alaska, stated he applied for this position to
help protect the state's resources and ensure availability for
Alaskans. He is a lifelong Alaskan and a pilot who lives in and
is familiar with Game Unit 23. He has been an avid sport and
subsistence hunter most his life. He served as the chair of Nana
Development Corporation for four years and currently serves as a
Nana Regional Corporation board member and President of the
Native village of Kiana. For employment, he is city
administrator for the City of Kiana. His interest in serving on
the board is to help protect the state's resources while making
them available for Alaskans.
CHAIR REVAK thanked him for being willing to serve.
3:35:06 PM
CHAIR REVAK opened public testimony on the appointment of Ely
Cyrus to the Big Game Commercial Services Board; finding none,
he closed public testimony and asked for a motion.
3:35:26 PM
SENATOR MICCICHE moved that the following named appointee to the
Big Game Commercial Services Board be forwarded to a joint
session of the legislature for consideration:
Big Game Commercial Services Board
Ely Cyrus - Kiana
3:35:46 PM
CHAIR REVAK found no objection and issued the reminder:
In accordance with AS 39.05.080, signing the reports regarding
appointments to boards and commissions in no way reflects
individual members' approval or disapproval of the appointees;
the nominations are merely forwarded to the full legislature for
confirmation or rejection.
SB 104-GEOTHERMAL RESOURCES
3:36:01 PM
CHAIR REVAK announced the consideration of SENATE BILL NO. 104
"An Act relating to geothermal resources; relating to the
definition of 'geothermal resources'; and providing for an
effective date."
He solicited a motion to adopt the work draft committee
substitute (CS) and noted that it only makes changes to conform
to Legislative Legal Services' drafting conventions.
3:36:33 PM
SENATOR MICCICHE moved to adopt CSSB 104, work order 32-
GS1618\B, as the working document.
3:36:45 PM
CHAIR REVAK found no objection and version B was adopted. He
noted who was available online to answer questions.
3:37:27 PM
CHAIR REVAK opened public testimony on SB 104; finding none, he
closed public testimony.
He asked if there were amendments.
3:37:59 PM
SENATOR MICCICHE moved conceptual Amendment 1.
3:38:08 PM
CHAIR REVAK objected for discussion purposes.
3:38:15 PM
SENATOR MICCICHE explained that the Department of Natural
Resources requested a language change. On page 3, line 28 delete
"authorized" and insert "approved".
3:38:33 PM
CHAIR REVAK removed his objection.
3:38:39 PM
SENATOR KIEHL asked if the term "authorize" on page 2, line 23
related to a similar or different issue.
3:39:15 PM
SEAN CLIFTON, Policy and Program Specialist, Division of Oil and
Gas, Department of Natural Resources, Anchorage, Alaska,
explained that the topic in Section 6 is unitization, which
involves an agreement, and the department approves those
agreements. Using the term "approved" [on line 28] as opposed to
the term "authorized" is consistent with the way DNR uses it in
statute and regulation.
SENATOR KIEHL asked if the term "authorize" on page 2, line 23
needed to be changed for the same reason.
MR. CLIFTON thanked him and requested the committee also replace
"authorize" with "approve" on page 3, line 23.
3:41:13 PM
SENATOR MICCICHE restated the motion to adopt Conceptual
Amendment 1.
CONCEPTUAL AMENDMENT 1 TO SB 104
Page 3, line 23:
Delete "authorize"
Insert "approve"
Page 3, line 28:
Delete "authorized"
Insert "approved"
3:41:38 PM
CHAIR REVAK found no objection and Conceptual Amendment 1 to SB
104 passed.
CHAIR REVAK found no further amendments, questions, or comments
and solicited a motion.
3:42:04 PM
SENATOR MICCICHE moved to report the CS for SB 104, work order
32-GS1618\B as amended, from committee with individual
recommendations and attached fiscal note(s).
3:42:20 PM
CHAIR REVAK found no objection and CSSB 104(RES) moved from the
Senate Resources Standing Committee.
3:42:40 PM
At ease
SB 85-FOREST LAND USE PLANS; TIMBER SALES
3:44:39 PM
CHAIR REVAK reconvened the meeting and announced the
consideration of SENATE BILL NO. 85 "An Act relating to forest
land use plans; relating to forest land use plan appeals;
relating to negotiated timber sales; and providing for an
effective date."
He noted this was the first hearing.
3:45:16 PM
BRENT GOODRUM, Deputy Commissioner, Department of Natural
Resources, Anchorage, Alaska, stated SB 85 seeks to modernize
the processes and the decision-making for timber sales, which
will help grow jobs in Alaska's timber industry. He opined that
SB 85 will result in more efficient land-use planning and more
predictable timber harvests. Importantly, SB 85 has a zero
fiscal note, he said.
3:46:42 PM
TIM DABNEY, Acting State Forester and Director, Division of
Forestry, Department of Natural Resources, Anchorage, Alaska,
introduced SB 85 with a PowerPoint titled "Forest Land Use
Plans; Negotiated Timber Sales." He reviewed the presentation
overview on slide 2, which read as follows:
Presentation Overview
• Issue: SE Alaska timber industry is struggling to
survive.
• How can we provide and protect timber jobs?
• Step 1: Change negotiated timber sale
statutes to allow local industry to sell all
the timber it harvests, as export if needed.
• Step 2: Provide a stable and predictable
supply of timber to the industry, once a
timber sale has been purchased.
• Sectional Analysis
3:47:56 PM
MR. DABNEY charged that the U.S. Forest Service is not providing
the supply of timber needed to maintain a healthy timber
industry in Southeast Alaska. Since the 1990s, the number of
timber industry jobs has dropped from about 4,000 to just 325.
Even those jobs are now in jeopardy, he said. Until young growth
timber becomes economically harvestable in about 2030, the
industry will struggle to survive.
He directed attention to the inset map on slide 4 that shows
state timberland sites in Southeast Alaska. It is just 46,952
acres or 0.04 percent of the land base in Southeast. By
comparison, the 16.8 million acre Tongass National Forest has
about 5.5 million acres of commercial timberland.
MR. DABNEY offered suggestions on how to protect and provide
timber industry jobs in Southeast. Step 1 would be to change the
negotiated timber sale statutes to allow the industry to sell
all the timber it harvests, including for export. He pointed out
that the current negotiated timber sale statutes prohibit local
timber purchasers from selling logs for export. Most must be
used for local manufacture. He said this is problematic because
the timber supply increasingly has more young growth and much of
it is not marketable in Alaska. Additionally, the demand for
species such as hemlock is only in overseas markets or the
Pacific Northwest.
3:50:38 PM
MR. DABNEY stated the Division of Forestry offers and
administers both competitive and negotiated timber sales.
Negotiated timbers sales are important because this type allows
the division to select the timber purchaser based both on price
and the number of local jobs the sale will provide.
3:51:13 PM
SENATOR STEVENS asked what hemlock is used for primarily if
demand for that species is only overseas markets or in the
Pacific Northwest.
3:51:33 PM
MR. DABNEY answered, hemlock has a higher moisture content which
makes it less desirable for dimensional lumber. Overseas it is
used for smaller items such as molding.
MR. DABNEY turned to slide 7 and explained that the second step
to protect and provide jobs in Alaska is to provide a stable and
predictable supply of timber to the industry once a sale has
been sold. SB 85 provides this protection by reducing appeals.
MR. DABNEY described the steps listed on slide 8 that lead up to
awarding a timber sale. He noted that public and agency comment
is gathered at each step. Agency comments are solicited from the
Department of Environmental Conservation (DEC), the Alaska
Department of Fish and Game (ADF&G), and the state historic
preservation officer.
The first step is to develop area and state forest plans for the
region. Second, each area office identifies the timber sales
that are scheduled over the next five years. This is done every
two years and the public has the opportunity to provide input.
The third step is the best interest finding (BIF). The division
starts with a preliminary BIF and works with the agencies and
public to come to a final best interest finding. Once the BIF is
adopted, the timber can be sold. Step four is to develop forest
land use plans (FLUP) for timber harvest units. Not all FLUPs
must be issued before timber is offered for sale. When the sales
are large, the FLUPs are prepared in phases as access is
created. He highlighted that regional planning, best interest
finding, and forest land use plans are subject to public appeal.
3:55:18 PM
MR. DABNEY described the difference between the best interest
finding and the forest land use plan outlined on slide 9.
Best Interest Finding Forest Land Use Plan
Decision document: Implements BIF on the ground
• Should we sell • How will the sold
this timber? timber be harvested?
MR. DABNEY reviewed the existing requirements for timber sales
on slide 10 that read as follows:
Agency and public input is gathered at each step of a
timber sale.
Timber sales must adhere to the Alaska Forest
Resources and Practices Act (FRPA, AS 41.17), which:
• protects fish habitat,
• protects water quality, and
• ensures prompt reforestation.
3:56:26 PM
MR. DABNEY reviewed slides 11 and 12 that lay out what SB 85
would do to help provide a stable and predictable supply of
timber. The slides read as follows:
Under current statute, a timber sale can be appealed
more than once, even after it has been purchased.
An appeal on a purchased sale can halt harvesting,
which can be disastrous to a logging company.
SB 85 ensures that once the decision has been made to
sell the timber, and it has been purchased, no further
administrative appeals can occur.
Input would still be gathered from public and
agencies.
SB 85 focuses appeals at the BIF stage, before timber
is sold.
• Provides stable and predictable supply of timber
once sold.
• No interruptions of harvest at a subsequent FLUP
stage.
3:57:27 PM
SENATOR MICCICHE referenced the statement that demand for
species such as hemlock is from an overseas market that makes
molding or trim. He shared his dream of Alaska businesses
someday employing Alaskans to create Alaskan goods. That could
be making trim in Alaska from Alaskan hemlock. He asked how that
could ever be a reality if a forest product company isn't
encouraged to invest in the machinery to make something like
trim in the state. The finished product could be exported
instead of the raw timber.
MR. DABNEY answered the department would advocate doing what it
can to keep the industry alive long enough to introduce new
manufacturing opportunities for hemlock and second growth
timber.
3:59:26 PM
SENATOR MICCICHE asked if new manufacturing opportunities would
be less likely after the removal of the requirement to use most
of the timber for local manufacturing.
MR. DABNEY answered removing that provision from the statute is
not intended to remove the option, it just removes the
requirement.
4:00:40 PM
SENATOR STEVENS asked if reforestation would be part of the
presentation.
MR. DABNEY answered no. The Alaska Forest Resources and
Practices Act (FRPA) requires regeneration following harvest,
but that is not part of the bill.
SENATOR STEVENS asked who does the work and pays for
reforestation.
MR. DABNEY answered the land manger is responsible for
reforestation. In some places in Alaska reforestation is a
natural process and in others hand planting is required.
SENATOR STEVENS stressed the importance of ensuring that state
land is back in production as soon as possible after it's been
logged. He said he'd like to discuss that further at another
time.
4:02:34 PM
SENATOR KIEHL said his question was about removing the ability
for Alaskans to appeal a forest land use plan after the initial
sale. He noted the presentation indicates that DNR will continue
to listen to comments from the public and agencies throughout
the process. However, if the public did not think DNR was
meeting its obligations, there would be no process to stop the
department once a phase 5 or 6 forest land use plan had created
access in a harvest unit. He asked how to ensure that public and
agency comment remains meaningful.
4:03:27 PM
MR. DABNEY answered DNR gives due deference to DEC and ADF&G
comments that are within their purviews. DNR is bound to comply
with the requirements from those agencies and it must adhere to
the Alaska Forest Practices Act and the documents that preceded
the FLUP. This includes the best interest finding and the area
plans, all of which were subject to comment and appeal.
To the question about public comment, he said public comment is
solicited for the forest land use plans and the Division of
Forestry has an excellent track record of working with the
public to make necessary changes to the harvest. He cited a
hypothetical example of moving a boundary in a harvest unit due
to visual impacts or wind.
SENATOR KIEHL said his concern is that if there is no
opportunity for an Alaskan to appeal if they believe the
department has gotten it wrong, the objections may be louder in
the future.
4:06:18 PM
CHAIR REVAK opened public testimony on SB 85; finding none, he
closed public testimony.
4:06:50 PM
CHAIR REVAK announced he would hold SB 85 in committee for
future consideration.
HB 115-AQUATIC FARMING & HATCHERY SITE LEASES
4:06:57 PM
CHAIR REVAK announced the consideration of HOUSE BILL NO. 115 am
"An Act relating to aquatic farming and hatchery site leases;
and requiring the director of the division of lands to provide
the legislature with an annual report relating to aquatic
farming and hatchery site leases."
[The committee adopted the SCS for HB 115, work order 32-
LS0299\O, during the 4/23/21 hearing.]
4:07:16 PM
CHAIR REVAK opened public testimony on HB 115; finding none, he
closed public testimony.
CHAIR REVAK listed the individual available to answer questions.
Finding no questions or comments, he asked for a motion.
4:08:03 PM
SENATOR MICCICHE moved to report the SCS for HB 115, work order
32-LS0299\O, from committee with individual recommendations and
attached fiscal note(s).
4:08:20 PM
CHAIR REVAK found no objection and SCS HB 115(RES) was reported
from the Senate Resources Standing Committee.
4:08:38 PM
At ease
SB 121-PFAS USE & REMEDIATION; FIRE/WATER SAFETY
4:10:54 PM
CHAIR REVAK reconvened the meeting and announced the
consideration of SENATE BILL NO. 121 "An Act relating to
pollutants; relating to perfluoroalkyl and polyfluoroalkyl
substances; relating to the duties of the Department of
Environmental Conservation; relating to firefighting substances;
relating to thermal remediation of perfluoroalkyl and
polyfluoroalkyl substance contamination; and providing for an
effective date."
4:11:13 PM
SENATOR KIEHL, speaking as sponsor of SB 121, stated this
legislation deals with per- and polyfluoroalkyl substances, more
commonly known as PFAS. These chemicals have been around a long
time, both because they are effective in firefighting and
because they do not break down once they are in the environment.
They are referred to as forever chemicals and they are
particularly hazardous to human health. He continued the
introduction paraphrasing excerpts of the following sponsor
statement:
Per- and polyfluoroalkyl substances (PFAS) are a group
of chemicals harmful to human health. They are linked
to serious health conditions including low birth
weight, thyroid disease, and cancer. Low levels of
exposure are common because PFAS can be found in
products from non-stick cookware to waterproof
jackets. But large-scale exposures happen where
certain firefighting foams or other compounds
containing PFAS seep into drinking water and linger
for years.
Alaska's Department of Environmental Conservation
declared PFAS hazardous substances several years ago.
Senate Bill 121 sets health-protective limits on the
amount of PFAS in drinking water. The bill guarantees
Alaskans in areas with a lot of PFAS will get clean
drinking water and their blood levels checked. To
prevent future pollution, SB 121 bans PFAS foams
starting late in 2021 when the Federal Aviation
Administration stops forcing airports to use them
(unless some other federal law preempts.)
Because there is no effective alternative for the
intensity of fire threat oil & gas operations face at
refineries or the Trans Alaska Pipeline terminal, the
bill carves out an exemption for those producing,
transporting, or refining oil and gas until the State
Fire Marshal determines an effective non-PFAS
substance could do the job.
SENATOR KIEHL stated SB 121 lists the six PFAS chemicals about
which the most is known and sets protective standards for how
much can be in drinking water without danger to Alaskans. This
is not about site cleanup; it is about the water that comes from
taps and wells. The bill stops additional discharge of PFAS
chemicals into the environment except where they are federally
required. For spills that may impact drinking water, SB 121
maintains the current state standard that requires the polluter
to pay.
SENATOR KIEHL highlighted that the bill requires DEC to take
from Alaskans each year up to 25 gallons of PFAS-containing
concentrates. There is no intention for the state to be the
recipient of all the PFAS in the state, but this will help small
villages that have received a lot of PFAS from the state over
the years, but do not have the funds to dispose of these
hazardous chemicals.
4:16:16 PM
SENATOR KIEHL mentioned the fiscal note and pointed out that
there would be costs associated with PFAS whether the bill
passes or not. He highlighted that the state has joined the
growing list of states that have filed suit against the
manufacturer to help recover some of what it will cost to get
clean drinking water for Alaskans because these chemicals are in
the environment. He described SB 121 as a balanced and
responsible approach to end new PFAS contaminations and to
ensure clean drinking water for those whose water has been
contaminated.
4:17:25 PM
CATHY SCHLINGHEYDE, Staff, Senator Jesse Kiehl, Alaska State
Legislature, Juneau, Alaska, presented the sectional analysis
for SB 121 that read as follows:
Sec. 1 of the bill creates five new sections in AS
46.03:
Sec. 46.03.340: Standards for Clean Drinking
Water & Blood Testing
Sec. 46.03.340(a): Directs the Department of
Environmental Conservation to make sure
drinking water near PFAS spills is tested.
Requires the department to make sure anyone
with contaminated drinking water gets clean
drinking water and a voluntary blood test for
PFAS levels.
Sec. 46.03.340(b): Sets health-based maximum
levels of contamination in drinking water for
seven PFAS chemicals and maintains DEC's
authority to set more protective thresholds.
Sec. 46.03.340(c): Requires DEC to make sure a
responder exposed to PFAS contamination gets a
voluntary blood test for PFAS levels.
Sec. 46.03.345: Who is responsible for providing
drinking water and blood testing?
Sec. 46.03.345(a): Clarifies the causer of a
fire is liable for providing drinking water
and blood testing if PFAS-containing foam is
used to fight the fire. Creates an exemption
for residential fires and non-commercial motor
vehicle fires.
Sec. 46.03.345(b): A fire department is not
liable for providing drinking water and blood
testing, or site clean-up if they used PFAS-
containing foam to fight a fire. This section
maintains existing liability for fire fighters
if they use PFAS-containing foam for training
or testing.
Sec. 46.03.345(c): Clarifies this bill doesn't
change a responsible party's liability
described elsewhere in DEC statutes.
Sec. 46.03.345(d): Defines "motor vehicle" and
"residential building" for purposes of this
section.
Sec. 46.03.350: Who can still use PFAS
containing foams?
Sec. 46.03.350(a): The oil & gas industry may
continue using PFAS containing foams until an
alternative is approved through regulation.
Sec. 46.03.350(b): The fire marshal can
determine there is a safe and effective PFAS-
free foam for fighting large oil or gas fires
only 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. 46.03.350(c): DEC must take up to 25
gallons per year of PFAS-containing
firefighting foam from Alaskans for disposal.
Sec. 46.03.350(d): When federal law no longer
requires firefighting foams with PFAS in them
at airports, everyone outside the oil & gas
industry must stop using PFAS-containing
foams, unless federal law preempts Alaska law.
Sec. 46.03.355: Requires a facility treating
PFAS through thermal remediation to get a Clean
Air Act Title V permit.
Sec. 46.03.359: Lists the PFAS compounds covered
by this bill and maintains DEC's authority to
list more.
Sec. 2 of the bill adds applicability provisions:
Sec. 2(a): A responder exposed to PFAS on or
after Jan. 1, 2019 is eligible for a voluntary
blood test.
Sec. 2(b): The requirements to test drinking
water and provide clean drinking water and a
voluntary blood test applies to past and future
PFAS contamination.
Secs. 3-6 of the bill add effective dates:
Sec. 3: DEC can adopt regulations before the
effective date of the bill, so long as they do
not go into effect before the bill.
Sec. 4: Effective date of Oct. 4, 2021 for the
ban on PFAS-containing foam.
Sec. 5: Immediate effective date for the
applicability and transition language in Sec. 2
& 3.
Sec. 6: The rest of the bill takes effect Jan.
2, 2022.
4:21:06 PM
SENATOR STEVENS mentioned the PFSAS contamination in
Yakutat and asked how widespread PFAS contamination is in
Alaska and if any alternatives were available.
4:21:37 PM
SENATOR KIEHL answered the contamination is very widespread. The
federal government has required every airport that lands jets to
have these fire-fighting foams on hand. Fortunately, not all of
these airports have a source of drinking water nearby, but the
airports in Yakutat, Gustavus, Dillingham and some others
certainly are affected. He noted that the legislature several
years ago funded DEC to conduct tests in certain areas. He said
he believes the department will find significant additional
areas of contamination.
As to alternatives, he said much of the European Union requires
fluorine-free foams for firefighting and there is a great deal
of research on new alternatives being done in the U.S. He noted
that the Alaska state fire marshal is training and staying
abreast of developing technologies, some of which are very
promising.
SENATOR STEVENS observed that Alaska was not yet in the position
to require an alternative such as fluorine-free foams.
SENATOR KIEHL replied it is important to know that, because
there are highly effective alternatives, the Federal Aviation
Administration (FAA) is ending its requirement for PFAS foams to
be kept on site at airports. He added that his office worked
with the Alaska Oil and Gas Association (AOGA) in particular to
carve out an exception for the oil and gas industry in Alaska
until there is a viable alternative.
4:24:26 PM
CHAIR REVAK announced invited testimony.
4:24:45 PM
KELLY MCLAUGLIN, advocate, Gustavus PFAS Action Coalition,
Gustavus, Alaska, stated she first became aware of PFAS in
August 2018 when DEC notified her that the water at the Gustavus
School and several wells near the airport were contaminated with
PFAS. Her subsequent research revealed that PFAS are a very
large and widespread group of toxic chemicals about which there
is insufficient information and protection. The water from her
well is unsafe for humans or animals to drink or use and it is
unsafe on the garden; the water at the school is similarly
unsafe.
MS. MCLAUGLIN described SB 121 as a step in the right direction
to protect the health of Alaskans. The bill is about protecting
water but ultimately the wild places where Alaskans live and
hunt and harvest need protection from these toxic chemicals.
They do not break down and remediation is difficult. She pointed
out that taking action to eliminate the use of PFAS chemicals
will save the state money in the future. She noted that many
states are more proactive in regulating PFAS as a class and
capping levels at about 20 parts per million.
MS. MCLAUGLIN reported that the Gustavus PFAS Action Coalition
has worked with Indiana University and the Alaska Community
Action on Toxics (ACAT) and learned there is a direct
correlation between PFAS levels in the water and PFAS levels in
the blood of those whose water source has been affected. She
concluded that SB 121 offers the opportunity to remedy what she
calls mass poisoning of Alaskans.
4:29:42 PM
JOHN KENNISH, PhD, Alaska Community Action on Toxics, Anchorage,
Alaska, stated he is a retired chemist who taught chemistry for
36 years. He was asked to represent ACAT in this hearing because
of his research at the Oregon Health Sciences Center on specific
flame retardants used on children's pajamas called halogenated
hydrocarbons. These compounds produce free radicals when they
start to burn that react with oxygen radicals that are present
and stop the fire "nearly in its tracks." In this application
they are extremely effective. The problem is they have a lot of
toxicity. He explained that in this context, toxicity has to do
with the response in the human body to the chemicals. They
affect the genetic composition of the body as well as the immune
system, the result of which is extreme health issues.
DR. KENNISH lauded the caliber of SB 121 and stressed the
importance of applying it to help the average Alaskan in terms
of exposure and the quality of water they drink.
4:32:23 PM
SENATOR STEVENS asked Dr. Kennish if he agreed with Ms.
McLaughlin's comment that this is a step in the right direction.
DR. KENNISH answered yes it is the best statement at this time.
He added that it is unfortunate, but these problems are long-
lived, and it will likely take years to find an appropriate
solution to the chemical structure in replacement retardants.
Speaking as a chemist, he said it is ridiculous that states have
to deal with an issue that the federal government and the
manufacturers should have addressed years ago.
4:33:34 PM
CHAIR REVAK asked at what concentration these chemicals become
toxic to humans.
DR. KENNISH answered the human cellular response to these
materials is at extremely low concentrations, which is why
decontamination efforts are so difficult.
4:35:17 PM
CHAIR REVAK found no further questions or comments and announced
he would hold SB 121 in committee for further consideration.
4:35:36 PM
There being no further business to come before the Senate
Resources Standing Committee, Chair Revak adjourned the meeting
at 4:35 p.m.