Legislature(2023 - 2024)BELTZ 105 (TSBldg)
01/23/2024 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB117 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 117 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
January 23, 2024
3:32 p.m.
MEMBERS PRESENT
Senator Scott Kawasaki, Chair
Senator Matt Claman, Vice Chair
Senator Jesse Bjorkman
Senator Bill Wielechowski
Senator Kelly Merrick
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 117
"An Act relating to fireworks; repealing restrictions on the
sale of fireworks; directing the Department of Public Safety to
adopt fireworks regulations; and providing for an effective
date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 117
SHORT TITLE: REGULATION OF FIREWORKS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
03/29/23 (S) READ THE FIRST TIME - REFERRALS
03/29/23 (S) STA, L&C
01/23/24 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
ROBERT HALL, President
Houston Chamber of Commerce
Houston, Alaska
POSITION STATEMENT: Testified in support of SB 117.
BRYAN BARLOW
Deputy Commissioner
Department of Public Safety (DPS)
Anchorage, Alaska
POSITION STATEMENT: Provided a sectional analysis of SB 117.
LLOYD NAKANO, Director, State Fire Marshal
Division of Fire and Safety
Department of Public Safety (DPS)
Anchorage, Alaska
POSITION STATEMENT: Presented SB 117 on behalf of the Senate
Rules Committee, sponsor by request.
ACTION NARRATIVE
3:32:04 PM
CHAIR SCOTT KAWASAKI called the Senate State Affairs Standing
Committee meeting to order at 3:32 p.m. Present at the call to
order were Senators Bjorkman, Merrick, and Chair Kawasaki.
Senators Claman and Wielechowski arrived thereafter.
SB 117-REGULATION OF FIREWORKS
3:32:40 PM
CHAIR KAWASAKI announced the consideration of SENATE BILL NO.
117 "An Act relating to fireworks; repealing restrictions on the
sale of fireworks; directing the Department of Public Safety to
adopt fireworks regulations; and providing for an effective
date."
3:33:15 PM
SENATOR WIELECHOWSKI joined the meeting.
3:33:23 PM
CHAIR KAWASAKI invited Mr. Nakano, State Fire Marshal from the
Department of Public, to present SB 117.
3:33:55 PM
LLOYD NAKANO, Director, State Fire Marshal, Department of Public
Safety (DPS), Anchorage, Alaska, introduced SB 117 on behalf of
Governor Dunleavy. The bill would eliminate the substantive
statutes governing fireworks and authorize and direct the
Department of Public Safety (DPS) to adopt regulations for the
sale, storage, and use of fireworks.
3:36:46 PM
BRYAN BARLOW, Deputy Commissioner, Department of Public Safety,
Anchorage, Alaska, provided the sectional analysis of SB 117:
[Original punctuation provided.]
Senate Bill 117
Regulation of Fireworks
Sectional Analysis - Version 33-GS1356\A
Section 1: Amends the definition of "explosive" under
Alaska Statute (AS) 11.81.900(b)(24) to conform to the
proposed repeal of AS 18.72.100 under Section 5 of the
bill. Currently, AS 18.72.100 provides the definitions
for terms used in AS 18.72 and fireworks regulations
adopted in the state fire safety code. Under this
bill, these definitions would be adopted in
regulations.
Section 2: Repeals and reenacts AS 18.72.010 relating
to regulation of the sale of dangerous fireworks. It
directs the Department of Public Safety (DPS) to adopt
regulations relating to minimum standards for
fireworks, including sale, storage, distribution, and
use; permits DPS to establish by regulation, and to
charge, reasonable fees for fireworks permits and
inspections; and provides DPS the authority to enter
any building where fireworks are stored or kept for
the purpose of inspecting fireworks for compliance
with regulations adopted under this section.
Section 3: Amends AS 18.72.040 relating to criminal
penalties for failing to comply with firework laws by
deleting "provisions of this chapter" in favor of
"regulations adopted under AS 18.72.010" to conform
with the proposed changes made in Section 2.
Section 4: Amends AS 18.72.060 relating to municipal
regulation of fireworks to conform to the proposed
changes made in this bill by deleting references to
the standards under AS 18.72. The authority remains
for municipalities to adopt fireworks standards that
are more restrictive, but not less, than state
regulations.
Section 5: Repeals AS 18.72.020 and the regulation of
sale of salable fireworks; AS 18.72.030 and a
fireworks wholesaler's license; and AS 18.72.100 and
the definitions under chapter 72. The standards and
definitions outlined in these sections would be
adopted in regulations.
Section 6: Provides transition language to allow DPS
to proceed with adopting regulations before the bill
takes effect. The regulations would not take effect
before the effective date of the bill.
Section 7: Provides an immediate effective date for
Section 6. The remainder of the bill has no effective
date provision and would therefore take effect 90 days
after enactment.
3:40:09 PM
SENATOR CLAMAN joined the meeting.
3:40:27 PM
SENATOR MERRICK asked for clarification on the fiscal note
update timeline and the January 1, 2024, deadline to adopt
regulations.
3:40:54 PM
MR. NAKANO stated that the deadline is 2025.
3:41:09 PM
SENATOR WIELECHOWSKI questioned the proposed repeal of AS
18.72.010 under Section 2 of SB 117. He asked if fireworks are
currently used for agricultural or wildlife control.
3:41:58 PM
MR. NAKANO said that he is unaware of agricultural or other
business use other than retail wholesale and displays in Alaska.
3:42:14 PM
SENATOR WIELECHOWSKI stated that he has no knowledge of
fireworks usage for agricultural purposes. He asked if repealing
this section would allow fireworks usage for wildlife control.
3:42:34 PM
MR. NAKANO said he would follow up after consulting with the
wildlife industry.
3:42:45 PM
SENATOR WIELECHOWSKI referred to Section 5 of the sectional
analysis and inquired about a liability insurance requirement
under SB 117.
3:43:15 PM
MR. NAKANO replied that there would be a liability insurance
requirement to modernize current statute to appropriately
reflect necessary standards, codes, and regulations. Current
statute was written in 1969 and has undergone minimal changes
since. He provided an example of wholesale retail licenses
requiring a social security number in accordance with statute.
3:44:15 PM
SENATOR WIELECHOWSKI asked if a regulations draft exists.
3:44:19 PM
MR. NAKANO responded no.
3:44:25 PM
SENATOR WIELECHOWSKI asked about the bill's minimum effective
date and whether a change is recommended to allow time for
regulation updates.
3:44:55 PM
MR. NAKANO replied yes, no later than 2025.
3:45:03 PM
SENATOR WIELECHOWSKI asked for confirmation that the effective
date should be updated to 2025.
MR. NAKANO confirmed that the effective date should be updated
to 2025.
3:45:16 PM
SENATOR CLAMAN noted that he is aware of rural residents who
travel to Canada to obtain firework-like devices used for game
management or unexpected bear encounters, and asked if such
usage would be regulated.
3:46:12 PM
MR. NAKANO stated that research would need to be conducted to
determine product safety.
3:46:24 PM
SENATOR CLAMAN asked whether sales would be permitted in Alaska
if the definition was met.
MR. NAKANO reiterated that he would have to do research on the
composition of the material in order to provide an answer.
3:46:31 PM
CHAIR KAWASAKI shifted to the presentation on SB 117.
3:46:56 PM
MR. NAKANO moved to slide 2 and said that SB 117 would require
the Department of Public Safety (DPS) to adopt regulations to
protect life and property from explosions:
[Original punctuation provided.]
What does the bill do?
Repeals and reenacts Alaska Statute (AS) 18.72.010:
the regulation of fireworks
o Requires regulations to establish minimum
standards for sale and use of fireworks
square4 National Fire Protection Association (NFPA)
Standards
square4 American Pyrotechnic Association (APA)
square4 U.S. Consumer Product Safety Commission
He said fireworks would be for sale, storage, and American
Pyrotechnics displays, ensuring safety for businesses, firework
showrunners, and individual consumers.
3:47:52 PM
CHAIR KAWASAKI asked if current regulations are more strict than
existing minimum standards under federal regulations.
3:48:15 PM
MR. NAKANO said he would follow up on the question.
3:48:25 PM
SENATOR WIELECHOWSKI asked if SB 117 would need to meet federal
standards.
3:48:48 PM
MR. NAKANO shared that the bill would require standards to
follow suit with the fireworks industry and American
Pyrotechnics Association standards.
3:49:05 PM
SENATOR WIELECHOWSKI asked Mr. Nakano where in SB 117 federal
fire standards are referenced.
3:49:55 PM
CHAIR KAWASAKI clarified that Section 2 of the sectional
analysis mentions general standards but does not cite specific
federal regulatory agencies.
3:50:09 PM
MR. NAKANO stated that because definitions in statute are
obsolete, the fireworks industry in Alaska came to DPS with
recommended standards & regulations in an attempt to more
closely align the definitions in statute with current
definitions.
3:50:51 PM
SENATOR WIELECHOWSKI wondered if the legislature could specify
that the regulations should follow the standards at a minimum.
3:51:01 PM
MR. NAKANO said that he would not reject that proposal and
recommended building upon current language.
3:51:12 PM
CHAIR KAWASAKI asked how standards differ from current law.
3:51:20 PM
MR. NAKANO stated that the goal is to modernize and justify
statute regarding retail and wholesale sales.
3:51:53 PM
SENATOR WIELECHOWSKI asked how American Pyrotechnic
Association's standards differ from current law.
3:52:06 PM
MR. NAKANO suggested that the definitions are old and do not
match current statute.
SENATOR WIELECHOWSKI asked for a side-by-side comparison of
current state statutes and regulations within federal standards.
3:52:25 PM
CHAIR KAWASAKI said that Mr. Nakano would report back to the
legislature.
3:52:37 PM
MR. NAKANO referenced slide 3.
[Original punctuation provided.]
What does the bill repeal?
• AS 18.72.020: Regulation of salable fireworks
• AS 18.72.030: Fireworks wholesaler's license
• AS 18.72.100: Definitions
3:53:18 PM
MR. NAKANO spoke to slide 4.
[Original punctuation provided.]
Why is this bill needed?
• Existing statute (AS 18.72) originally adopted
over 50 years ago without being substantially
amended
• Out of date with modern regulations set at the
national and international level
• Statutory changes not easily undertaken
3:54:11 PM
MR. NAKANO continued to slide 5.
[Original punctuation provided.]
What is changed under this bill?
Criminal penalties under AS 18.72.040 would be based
on failure to comply with regulations under AS
18.72.010 instead of the Fire Safety Code
Regulations under AS 18.72.010 would supersede the
provisions of an ordinance adopted by a city or
borough, whether before or after May 23, 1969, that
are less restrictive than the regulations
The Fire Safety Code defined in AS 18.72.100 would be
repealed in regulations adopted by the Department of
Public Safety, Division of Fire and Life Safety
3:55:16 PM
SENATOR CLAMAN said that as a legislator from Anchorage,
traveling to less regulated sale locations, such as Gorilla
Fireworks, is necessary to obtaining fireworks. He asked about
the proposed legislation's effect on these types of businesses.
3:55:59 PM
MR. NAKANO replied that local jurisdictions would set ordinances
or resolutions to align with state standards.
3:56:13 PM
SENATOR CLAMAN asked if Gorilla Fireworks are under less
restrictive standards than federal standards due to location.
3:56:26 PM
MR. NAKANO responded that he was unsure.
3:56:41 PM
CHAIR KAWASAKI added that due to city ordinances, Fairbanks
residents had to travel to Nenana to acquire fireworks. However,
fireworks are now available in the Fairbanks North Star Borough,
but are illegal within city limits.
3:57:14 PM
SENATOR CLAMAN noted that Fairbanks restricts the sale of
fireworks, but the North Star borough does not.
3:57:21 PM
SENATOR WIELECHOWSKI suggested that according to AS 18.72.010,
state regulations would supersede provisions of city or borough
ordinances. In theory, a future regulatory body could enforce
exceedingly restrictive regulations.
3:58:15 PM
MR. NAKANO confirmed that the scenario is possible but noted
that local jurisdictions are the bodies establishing more
restrictive regulations.
3:58:45 PM
SENATOR WIELECHOWSKI stated that he understands that is the case
currently but opined that a future regulatory body could
effectively ban or severely restrict fireworks in the state
under the provision.
3:59:04 PM
MR. NAKANO replied that the aim of the statute change was to
modernize the fireworks program in Alaska, rather than make it
more restrictive.
3:59:43 PM
SENATOR WIELECHOWSKI reiterated that the state could adopt base
regulations so municipalities would automatically reach more or
restrictive regulations.
4:00:22 PM
MR. BARLOW stated that while it is possible, the intent is to
update fireworks laws that haven't been updated in more than 50
years to reflect best practices and international standards to
ensure citizen safety.
4:01:34 PM
CHAIR KAWASAKI said that caveats exist under the Administrative
Procedures Act (APA) that could apply general law to areas with
a higher fire risk regarding emergency regulations. He asked if
this understanding was correct under the American Pyrotechnics
Association.
4:02:18 PM
MR. BARLOW replied that emergency closures or enactments based
on environmental conditions would remain the same.
4:02:57 PM
CHAIR KAWASAKI opened public testimony.
4:03:15 PM
ROBERT HALL, President, Houston Chamber of Commerce, Houston,
Alaska, testified in support of SB 117. He stated that he is
also the owner of Gorilla Fireworks. The biggest hurdle is
outdated shipping definitions for firework sales. The 1.4g
international shipping category has increased consumer firework
sales regulations. Other federal regulatory agencies have
increasingly restricted labeling and explosive limit standards.
Alaska was left with an antiquated and confusing law, mandating
legislative statute updates.
MR. HALL stated that he or the State Fire Marshal could provide
updated definitions through the regulatory process. One existing
loophole allows the distribution of professional fireworks to
Alaska. The definition of 'professionals' was reclassified as
1.4G, creating confusion in interpretation.
There is an urgent need to update the definition of saleable
consumer fireworks. The State Fire Marshal cannot change the
definition in statute. Unlike Alaska, other states allow
consumers to load up a truck of fireworks. For the last 20
years, the State Fire Marshal has experienced obstacles as a
result of an unclear definition. A recent loophole was exposed
as a result of COVID-19 and Chinese shipping categories that are
difficult to enforce. Two years ago, a 17-page letter was sent
to the State Fire Marshal with recommended statute updates. The
regulatory process has caused challenges with enforcement.
4:09:47 PM
MR. HALL urged redefining the statutory definition of consumer
fireworks through the legislature or allowing the State Fire
Marshal to do it.
4:11:13 PM
SENATOR WIELECHOWSKI said that the testimony was helpful. He
asked for a definition of saleable fireworks.
4:11:31 PM
MR. HALL relayed that there is no simple federal definition for
consumer fireworks, which are regulated by several federal
regulatory bodies, so there is no individual control. However, a
composite definition was offered by the industry along with 3-4
recommendations to address the issue. The State Fire Marshal may
require more authority in some cases. He offered to follow up
with one of two definitions provided by the fireworks industry
to the committee.
4:13:41 PM
CHAIR KAWASAKI agreed to accept definitions once provided.
4:13:56 PM
SENATOR CLAMAN asked why state statute could not adopt
regulations consistent with federal standards.
4:14:28 PM
MR. HALL clarified that it is doable, but the State Fire Marshal
prefers to directly update statute for future ease. Flexibility
is needed so future statute amendments are less likely
necessary.
4:15:27 PM
SENATOR CLAMAN asked whether it is difficult for a business to
know and comply with federal fireworks regulations.
4:15:53 PM
MR. HALL responded no. There are no challenges complying with
regulations as a reputable dealer. Dealers even comply with
regulations the Fire Marshall isn't even aware of. The problem
lays with the black market, existing loopholes, and antiquated
state definitions. Certain grey areas surrounding definitions
need clarification.
4:17:46 PM
SENATOR CLAMAN opined that permitting the State Fire Marshal to
adopt regulations could risk discrepancies between state and
federal regulations.
4:18:31 PM
MR. HALL replied yes. He suggested that the State Fire Marshal
could adopt regulations by reference. Federal regulations are
well defined, but local jurisdictions maintain more limitations
than the State Fire Marshal and can determine when a product can
be used. Maintaining limitations can be challenging in rural
areas where there is no fire chief. Adopting good clean
definitions is necessary. While the current law is confusing,
there are no legal penalties surrounding 1.4G fireworks.
4:22:08 PM
CHAIR KAWASAKI closed public testimony.
4:22:30 PM
CHAIR KAWASAKI asked Mr. Nakano to provide additional materials
to the committee before the next hearing.
4:22:49 PM
MR. NAKANO said the local laws do not include pyrotechnic
operators and displays covered under the official fire code.
4:24:12 PM
CHAIR KAWASAKI referenced Section 2 of SB 117 and asked if
regulations exist for reasonable fees for firework permits.
4:24:30 PM
MR. NAKANO replied that there are only retail and wholesale
charges.
4:24:53 PM
CHAIR KAWASKI held SB 117 for future consideration.
4:26:49 PM
There being no further business to come before the committee,
Chair Kawasaki adjourned the Senate State Affairs Standing
Committee meeting at 4:26 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 117 Sectional Analysis Version-A 01.21.2024.pdf |
SSTA 1/23/2024 3:30:00 PM |
SB 117 |
| SB 117 Transmittal Letter 04.07.23.pdf |
SSTA 1/23/2024 3:30:00 PM |
SB 117 |
| SB 117 Fiscal Notes.pdf |
SSTA 1/23/2024 3:30:00 PM |
SB 117 |
| SB 117 Support letter.pdf |
SSTA 1/23/2024 3:30:00 PM |
SB 117 |