Enrolled HB 51: Relating to refrigerants designated as acceptable for use under federal law; relating to firefighting substances; and providing for an effective date.
00Enrolled HB 51 01 Relating to refrigerants designated as acceptable for use under federal law; relating to 02 firefighting substances; and providing for an effective date. 03 _______________ 04 * Section 1. AS 18.95 is amended by adding a new section to read: 05 Sec. 18.95.020. Use of designated refrigerants. Notwithstanding a provision 06 of the state building code, a refrigerant designated as acceptable for use under 42 07 U.S.C. 7671k may be used in the state if the equipment containing the refrigerant is 08 listed and installed in accordance with the safety standards and use conditions imposed 09 under the designation. In this section, "state building code" has the meaning given in 10 AS 18.56.300(e). 11 * Sec. 2. AS 46.03 is amended by adding a new section to article 5 to read: 12 Sec. 46.03.340. Use of firefighting substances. (a) Notwithstanding 13 AS 46.03.320, a person may not use a firefighting substance that contains a 14 perfluoroalkyl substance or polyfluoroalkyl substance in the state unless the use is
01 permitted under (b) of this section or required by federal law. 02 (b) Unless the state fire marshal adopts regulations under (c) of this section 03 requiring use of an alternative firefighting substance, a person may use a firefighting 04 substance that contains a perfluoroalkyl substance or polyfluoroalkyl substance to 05 respond to a fire that originates in relation to oil or gas production, transmission, 06 transportation, or refining in the state. 07 (c) If the state fire marshal determines an alternative firefighting substance 08 listed by an organization recognized by the federal Occupational Safety and Health 09 Administration's Nationally Recognized Testing Laboratory Program is safe and 10 effective, the state fire marshal shall adopt regulations requiring use of the alternative 11 firefighting substance. The regulations must state the proposed effective date of the 12 regulations. 13 (d) The department shall ensure the state accepts for disposal from a person 14 domiciled in a community in the state with a population of less than 2,000 that is off 15 the road system, or a person domiciled in the state who received a firefighting 16 substance that contains a perfluoroalkyl substance or polyfluoroalkyl substance from a 17 partially state funded fire safety project, a firefighting substance that contains a 18 perfluoroalkyl substance or polyfluoroalkyl substance in a quantity not to exceed 40 19 gallons each year. 20 * Sec. 3. Section 2 of this Act takes effect January 1, 2024.