2023-05-15                     Senate Journal                      Page 1160
HB 51                                                                                                                         
HOUSE BILL NO. 51 "An Act relating to refrigerants designated as                                                                
acceptable for use under federal law" was read the second time.                                                                 
                                                                                                                                
Senator Kiehl offered Amendment No. 1 :                                                                                          
                                                                                                                                
Page 1, line 1, following "law":                                                                                              
     Insert "; relating to firefighting substances; and providing for                                                         
an effective date"                                                                                                            
                                                                                                                                
Page 1, following line 9:                                                                                                       
     Insert new bill sections to read:                                                                                          
"* Sec. 2. AS 46.03 is amended by adding a new section to article 5                                                           
to read:                                                                                                                        
          Sec. 46.03.340. Use of firefighting substances. (a)                                                                 
     Notwithstanding AS 46.03.320, a person may not use a                                                                       
     firefighting substance that contains a perfluoroalkyl substance or                                                         
     polyfluoroalkyl substance in the state unless the use is permitted                                                         
     under (b) of this section or required by federal law.                                                                      
          (b)  Unless the state fire marshal adopts regulations under (c)                                                       
     of this section requiring use of an alternative firefighting                                                               
     substance, a person may use a firefighting substance that contains                                                         
     a perfluoroalkyl substance or polyfluoroalkyl substance to respond                                                         
     to a fire that originates in relation to oil or gas production,                                                            
     transmission, transportation, or refining in the state.                                                                    
          (c)  If the state fire marshal determines an alternative                                                              
     firefighting substance listed by an organization recognized by the                                                         
     federal Occupational Safety and Health Administration's                                                                    
     Nationally Recognized Testing Laboratory Program is safe and                                                               
     effective, the state fire marshal shall adopt regulations requiring                                                        
     use of the alternative firefighting substance. The regulations must                                                        
     state the proposed effective date of the regulations.                                                                      
          (d)  The department shall ensure the state accepts for disposal                                                       
     from a person domiciled in a community in the state with a                                                                 
     population of less than 2,000 that is off the road system, or a                                                            
     person domiciled in the state who received a firefighting substance                                                        
     that contains a perfluoroalkyl substance or polyfluoroalkyl                                                                
     substance from a partially state funded fire safety project, a                                                             

2023-05-15                     Senate Journal                      Page 1161
     firefighting substance that contains a perfluoroalkyl substance or                                                         
     polyfluoroalkyl substance in a quantity not to exceed 40 gallons                                                           
     each year.                                                                                                                 
   * Sec. 3. Section 2 of this Act takes effect January 1, 2024."                                                             
                                                                                                                                
Senator Kiehl moved for the adoption of Amendment No. 1. Senator                                                                
Wilson objected.                                                                                                                
                                                                                                                                
The question being: "Shall Amendment No. 1 be adopted?" The roll                                                                
was taken with the following result:                                                                                            
                                                                                                                                
HB 51                                                                                                                           
Second Reading                                                                                                                  
Amendment No. 1?                                                                                                                
                                                                                                                                
YEAS:  18   NAYS:  2   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson,                                                                 
Hoffman, Hughes, Kaufman, Kawasaki, Kiehl, Merrick, Myers,                                                                      
Olson, Shower, Stevens, Tobin, Wielechowski                                                                                     
                                                                                                                                
Nays:  Stedman, Wilson                                                                                                          
                                                                                                                                
and so, Amendment No. 1 was adopted.                                                                                            
                                                                                                                                
President Stevens stated HOUSE BILL NO. 51 am S(efd add S) "An                                                                  
Act relating to refrigerants designated as acceptable for use under                                                             
federal law; relating to firefighting substances; and providing for an                                                          
effective date" will advance to third reading on the May 16 calendar.