00                             HOUSE BILL NO. 240                                                                          
01 "An Act relating to pollutants; relating to perfluoroalkyl and polyfluoroalkyl                                          
02 substances; relating to the duties of the Department of Environmental Conservation;                                     
03 and relating to firefighting substances."                                                                               
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 46.03 is amended by adding new sections to read:                                                   
06             Article 5A. Perfluoroalkyl and Polyfluoroalkyl Substances.                                                
07 Sec. 46.03.340. Testing; drinking water. (a) The department shall                                                     
08 periodically test for perfluoroalkyl substances and polyfluoroalkyl substances in all                                   
09 drinking water used in the state that is in a water supply located in the state when a                                  
10 perfluoroalkyl substance or polyfluoroalkyl substance is released in the area of the                                    
11 water supply. If a test conducted under this subsection detects a perfluoroalkyl                                        
12 substance or polyfluoroalkyl substance at a level equal to or greater than the limit                                    
13 described in (b) of this section, the department shall ensure a person who routinely                                    
14       uses the tested drinking water is provided, at no cost to the person,                                             
01                 (1)  a source of drinking water containing levels of perfluoroalkyl                                     
02       substances and polyfluoroalkyl substances lower than the limits described in (b) of this                          
03       section; and                                                                                                      
04                 (2)  at least once a year for three years after a detection under this                                  
05       subsection, voluntary testing of the person's blood to monitor the person's exposure to                           
06       perfluoroalkyl substances and polyfluoroalkyl substances.                                                         
07            (b)  For purposes of (a) of this section, the limit of perfluoroalkyl substance or                           
08       polyfluoroalkyl substance contamination in water is the lesser of                                                 
09                 (1)  the limit established by the department in regulation; or                                          
10                 (2)  the following limits:                                                                              
11  CUTOFF CONCENTRATION                                                                                                   
12 SUBSTANCE (parts per trillion)                                                                                          
13 perfluorobutanesulfonic acid 420                                                                                        
14 perfluorooctanoic acid 8                                                                                                
15 perfluorooctanesulfonic acid 16                                                                                         
16 perfluorononanoic acid 6                                                                                                
17 perfluorohexanesulfonic acid 51                                                                                         
18 perfluoroheptanoic acid 400,000                                                                                         
19 hexafluoropropylene oxide dimer acid 370.                                                                               
20 (c)  The department shall ensure a responder who ingests, inhales, or absorbs                                           
21 through the skin or eyes a perfluoroalkyl substance or polyfluoroalkyl substance, or                                    
22 fumes or another potentially harmful aspect of a perfluoroalkyl substance or                                            
23 polyfluoroalkyl substance, is provided voluntary testing of the responder's blood to                                    
24 monitor the responder's exposure to the perfluoroalkyl substance or polyfluoroalkyl                                     
25 substance, at no cost to the responder, at least once a year for three years after the                                  
26       exposure. In this subsection, "responder" means                                                                   
27                 (1)  a peace officer, firefighter, or other first responder; or                                         
28 (2)  a person who contains or cleans up a perfluoroalkyl substance or                                                   
29       polyfluoroalkyl substance.                                                                                        
30 Sec. 46.03.345. Use of firefighting substances. (a) The department shall                                              
31 publish notice to inform the public when use of a firefighting substance that contains a                                
01 perfluoroalkyl substance or polyfluoroalkyl substance is no longer required by                                          
02 applicable federal law. Notwithstanding AS 46.03.320 and except as provided in (b) of                                   
03 this section, a person may not use a firefighting substance that contains a                                             
04 perfluoroalkyl substance or polyfluoroalkyl substance in the state after the department                                 
05       publishes notice under this section.                                                                              
06 (b)  A person engaged in the business of oil or gas production, transmission, or                                        
07 refining may use a firefighting substance that contains a perfluoroalkyl substance or                                   
08 polyfluoroalkyl substance in the state unless the state fire marshal publishes notice                                   
09       under (c) of this section that an alternative firefighting substance must be used.                                
10 (c)  If the state fire marshal determines that a safe and effective alternative                                         
11 firefighting substance is available for use by persons engaged in the business of oil or                                
12 gas production, transmission, or refining, the state fire marshal shall immediately                                     
13       publish notice that the alternative firefighting substance must be used.                                          
14 (d) The department shall accept for disposal from a person domiciled in the                                             
15 state a firefighting substance that contains a perfluoroalkyl substance or                                              
16       polyfluoroalkyl substance in a quantity not to exceed 25 gallons each year.                                       
17 Sec. 46.03.359. Definitions. In AS 46.03.340 - 46.03.359, "perfluoroalkyl                                             
18       substance" and "polyfluoroalkyl substance" include                                                                
19                 (1)  perfluorooctanoic acid;                                                                            
20                 (2)  perfluorooctanesulfonic acid;                                                                      
21                 (3)  perfluorononanoic acid;                                                                            
22                 (4)  perfluorohexanesulfonic acid;                                                                      
23                 (5)  perfluoroheptanoic acid;                                                                           
24                 (6)  perfluorobutanesulfonic acid;                                                                      
25                 (7)  hexafluoropropylene oxide dimer acid;                                                              
26 (8)  other perfluoroalkyl substances or polyfluoroalkyl substances                                                      
27       specified by the department in regulation.