02/23/2012 01:00 PM Senate TRANSPORTATION
| Audio | Topic |
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| Start | |
| SB180 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 180 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE TRANSPORTATION STANDING COMMITTEE
February 23, 2012
1:07 p.m.
MEMBERS PRESENT
Senator Albert Kookesh, Chair
Senator Joe Thomas, Vice Chair
Senator Linda Menard
MEMBERS ABSENT
Senator Dennis Egan
Senator Charlie Huggins
COMMITTEE CALENDAR
SENATE BILL NO. 180
"An Act directing the Department of Transportation and Public
Facilities to develop and implement standards and operating
procedures allowing for the use in the construction and
maintenance of transportation projects and public facilities and
in the construction of projects by public and private entities
of gravel or aggregate materials that contain a limited amount
of naturally occurring asbestos, and authorizing use on an
interim basis of those materials for certain transportation
projects and public facilities; relating to certain claims
arising out of or in connection with the use of gravel or
aggregate materials containing a limited amount of naturally
occurring asbestos; and providing for an effective date."
- MOVED CSSB 180(TRA) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 180
SHORT TITLE: NATURALLY OCCURRING ASBESTOS IN GRAVEL
SPONSOR(s): SENATOR(s) OLSON
01/27/12 (S) READ THE FIRST TIME - REFERRALS
01/27/12 (S) TRA, JUD
02/23/12 (S) TRA AT 1:00 PM BUTROVICH 205
WITNESS REGISTER
DAVID SCOTT, Chief of Staff
Senator Donny Olson
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Introduced SB 180 on behalf of the sponsor.
CHAD NORDLUM, Deputy Director of Planning
Northwest Arctic Borough
Kotzebue, AK
POSITION STATEMENT: Testified in support of SB 180.
SCOTT JONES, Vice Mayor
City of Ambler
Ambler, AK
POSITION STATEMENT: Testified in support of SB 180.
ELIZABETH HENSLEY, Public Policy Liaison
NANA Regional Corporation
Kotzebue, AK
POSITION STATEMENT: Testified in support of SB 180.
LANCE MILLER, PhD., Vice President of Resources
NANA Regional Corporation
Kotzebue, AK
POSITION STATEMENT: Testified in support of SB 180.
ACTION NARRATIVE
1:07:08 PM
CHAIR ALBERT KOOKESH called the Senate Transportation Standing
Committee meeting to order at 1:07 p.m. Present at the call to
order were Senators Thomas, Menard and Chair Kookesh.
SB 180-NATURALLY OCCURRING ASBESTOS IN GRAVEL
1:07:30 PM
CHAIR KOOKESH announced the consideration of SB 180 and noted
there was a proposed committee substitute (CS).
1:07:34 PM
DAVID SCOTT, Chief of Staff for Senator Donny Olson, sponsor of
SB 180, stated that the sponsor would like the committee to
adopt version M committee substitute. He introduced SB 180
speaking to the following sponsor statement: [Original
punctuation provided.]
[SB 180] authorizes and regulates the use of gravel or
aggregate material that contains naturally occurring
asbestos (NOA). There are documented cases of NOA
being found in several areas of the state, including
Juneau, along the Dalton Highway and Ambler. Discovery
of NOA in local gravel pits has delayed, and in
Ambler's case, halted construction projects. The use
of NOA in construction projects may be regulated by
states. Virginia and California have been regulating
NOA for many years. With the passage of SB 180, the
discovery of NOA in local gravel sources and the cost
of transporting non-NOA gravel and material will not
impact the success and completion of construction
projects and important future state infrastructure in
Rural Alaska. Several large projects are on the
state's horizon that will require the use of large
amounts of gravel. These large projects are in mineral
rich areas of the state critical to the future
development of Alaska. Most notably, it is estimated
that the gas pipeline alone may use 50 to 60 million
cubic yards of new gravel. Many miles of the Dalton
Highway will be reconstructed in support of the
project, requiring additional gravel. In Rural Alaska,
almost all airport construction and upgrades require
material from local gravel sources; a new small
airport can use up to 25,000 cubic yards of gravel.
The use of NOA gravel and materials should be resolved
before it becomes an issue during the actual
construction process of any of these large future
projects.
SB 180 directs the Department of Transportation and
Public Facilities to develop and implement statewide
regulations and standard operating procedures (SOP) to
allow for the use of NOA for both State and private
construction projects. SB 180 will balance the needs
of moving Alaska forward; building critical
infrastructure, completing construction projects while
protecting the health of Alaskan workers and
communities.
MR. SCOTT noted that a sectional analysis was included in the
packets.
1:11:03 PM
SENATOR THOMAS asked if the sponsor anticipates that DOTPF would
stipulate in regulation when and where material containing NOA
could be used, based on a percentage of asbestos.
MR. SCOTT said the bill provides civil immunity for the use of
gravel or other aggregate material that contains no more that
.25 percent naturally occurring asbestos by mass.
SENATOR THOMAS surmised that DOTPF already had some information
about NOA content in gravel pits that were previously
identified.
1:13:32 PM
SENATOR MENARD asked if there were studies on the economic
impact, over the last decade, of not being able to use gravel or
other aggregate material that contains NOA.
MR. SCOTT offered to follow up with that information and pointed
out that the packet included information about the projects in
Ambler that have been delayed due to NOA in the material source.
SENATOR MENARD asked if the monitoring and testing would be done
by a state agency or outsourced to a private company.
MR. SCOTT described the plan process and opined that the state
would do the monitoring.
SENATOR THOMAS asked if NOA was prolific in the Ambler area.
MR. SCOTT offered his understanding that naturally occurring
asbestos is prevalent wherever jade is found, and Jade Mountain
is located on the upper Kobuk River. NOA is also found in other
areas of the state.
SENATOR THOMAS commented that perhaps NOA is so prevalent that
finding an alternate source of gravel or aggregate material
isn't possible.
SENATOR MENARD asked DOT's position on the bill.
MR. SCOTT said he'd describe it as supportive; the lines of
communication have been open and the governor's office has
worked closely with the sponsor. He noted there is a companion
bill in the House.
1:18:27 PM
CHAIR KOOKESH noted that the Mayor of Ambler recently testified
about the need for the state to developing an operating
procedure. He asked if the bill was responding to that request.
MR. SCOTT said yes.
CHAIR KOOKESH asked the history of the legislation.
MR. SCOTT explained that there were previous unsuccessful
attempts to address the issue, and that the sponsor was pushing
hard this year.
CHAIR KOOKESH summarized that the idea is to develop a standard
operating procedure for DOTPF to allow people in the state to
use material that contains NOA.
1:20:01 PM
CHAD NORDLUM, Deputy Director of Planning, Northwest Arctic
Borough, Anchorage, AK, stated strong support for SB 180. The
bill addresses the public safety factors associated with
allowing important construction projects to go forward in both
Ambler and Kobuk. It will help move much delayed transportation
projects forward.
CHAIR KOOKESH asked if more than two communities would benefit
from this bill.
MR. NORDLUM replied NOA is a common issue in the entire region.
1:21:45 PM
SCOTT JONES, Vice Mayor, City of Ambler, stated that the state
needs to adopt standard operating procedures for handling
materials that contain asbestos. He described an airport project
that included air monitoring and that the finding was no
significant impact for airborne NOA. He provided background
information from 2003 when a geology student took a gravel
sample and NOA was found. There's plenty of gravel in the area
and it can't be used. NOA is only a problem when it's airborne
and that can be mitigated. There are no reports of asbestos
poisoning in the region.
He emphasized that the state needs to develop standards for
using material that contains NOA so that much-delayed projects
can go forward.
CHAIR KOOKESH noted that representatives from the Division of
Public Health and the Department of Law (DOL) were online to
answer questions.
1:26:45 PM
ELIZABETH HENSLEY, Corporate and Public Policy Liaison, NANA
Regional Corporation, stated that NANA wanted to go on record as
supporting SB 180. It's very important in order to move projects
forward in both Ambler and Kobuk. The dollar amount of these
delayed projects is about $10 million. She named several,
including riverbank support and the school in Kobuk. The bill is
has broad support in this tightknit region. She noted that both
California and Virginia have well-developed programs for dealing
with NOA and those serve as an example.
SENATOR THOMAS asked if NOA is so pervasive that it's not
realistic to think that DOT would do some testing identify an
alternative source.
1:30:23 PM
LANCE MILLER, PhD., Vice President of Resources, NANA Regional
Corporation, said he's a geologist by training and that this
highlights the critical importance of gravel statewide. He
explained the general geology of the region. The rocks are dark
and iron-rich serpentine and jade that has asbestos mineral
content. Chrysotile is the most common of the seven forms of
asbestos-type minerals, and is found from Southeast to the
Arctic.
He confirmed that DOTPF has actively looked for alternate
sources of gravel, but it raises the cost of projects if gravel
has to be shipped in. A fair amount of this work has been done
in the Ambler area, and there is a significant resource that is
less than .25 percent. The real impetus for the bill is the fact
that California has extensive experience with using NOA in very
populated areas.
With regard to the health issues, he said the real question is
what is reasonable. When the NOA issue was first identified,
DHSS looked at 128 x-rays and a number of death certificates in
the villages of Kobuk, Shungnak, Ambler, and Kiana and found no
asbestos-related deaths, no reports of mesothelioma back to
1970, and reported cases of lung cancer only in Kiana. The
report said that asbestos had been used by Alaska Natives for
hundreds of years, based on archeological reports. Anecdotal
evidence confirms this; some of the highest concentrations of
asbestos are found in the gravel bar directly in front of
Ambler.
MR. MILLER said it's important to highlight that this material
is naturally occurring; the well-known issues associated with
the use of asbestos issues relates to processed asbestos. He
concluded that the use of gravel is crucial; this is a solution
for helping to keep rural villages viable and for moving
projects like Roads to Resources forward.
1:35:42 PM
SENATOR MENARD asked if naturally occurring asbestos gets a bad
rap like naturally occurring arsenic. She also asked the current
value of jade.
MR. MILLER said the Environmental Protection Agency (EPA) has
not addressed NOA so there are no rules at the federal level,
but any medical professional is likely to say that any exposure
to asbestos could cause mesothelioma. He listed asbestos,
arsenic, and zinc and said it's important to recognize that in a
lot of places these things are part of the background.
With regard to the price of jade, he said it is a niche market
and its value comes from the way it's crafted. He said Korea,
New Zealand and the Lower 48 have expressed interest in jade
supplies, but that transportation is an issue in this largely
roadless area.
CHAIR KOOKESH commented that he wasn't worried about asbestos
when he saw the jade staircase in the Anchorage Sheraton Hotel
recently. He also commented on the scare several years ago about
mercury levels in halibut.
1:39:19 PM
SENATOR THOMAS said asbestos was widely used in building
materials until the 1970s when the industry had to own up to the
dangers. Early on they said it was so safe it could be eaten,
when in fact the real danger comes when it's airborne.
MR. MILLER confirmed that asbestos is safe when it's wet; the
real problem is when it's friable and gets into the air and your
lungs.
1:41:16 PM
CHAIR KOOKESH closed public testimony and noted that he asked
the chair of the Senate Judiciary Committee to look closely at
Section 2 relating to immunity. It's a question that is more
appropriately addressed in that venue.
CHAIR KOOKESH asked for a motion to adopt version M committee
substitute (CS).
1:41:55 PM
SENATOR MENARD moved to adopt the work draft CS for SB 180,
labeled 27-LS1219\M, as the working document.
CHAIR KOOKESH announced that version M was before the committee,
and asked for a motion to move the bill.
1:42:20 PM
SENATOR MENARD moved to report CS for SB 180, version M, from
committee with individual recommendations and attached fiscal
note(s).
CHAIR KOOKESH announced that without objection, CSSB 180(TRA)
moved from the Senate Transportation Standing Committee.
1:42:37 PM
There being no further business to come before the committee,
Chair Kookesh adjourned the meeting at 1:42 p.m.
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