Legislature(2005 - 2006)HOUSE FINANCE 519
03/17/2005 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB108 | |
| HB19 | |
| HB61 | |
| HB88 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| = | HB 108 | ||
| = | HB 19 | ||
| = | HB 61 | ||
| = | HB 88 | ||
HOUSE BILL NO. 19
An Act relating to pesticides and broadcast chemicals;
and providing for an effective date.
MICHAEL PAWLOWSKI, STAFF, REPRESENTATIVE KEVIN MEYER,
explained that Amendment #3 resulted from a conversation
during the last hearing on HB 19. (Copy on File). Part of
the discussion revolved around a hornet's nest under the
edge or eves of a bread and breakfast. He noted that
Amendment #3 address where the health concerns are that give
rise to the reason that HB 19 is before the Committee. He
requested that the Department of Environmental Conservation
discuss the health concerns and definitions currently before
the Committee.
2:01:21 PM
KRISTIN RYAN, DIRECTOR, DIVISION OF ENVIRONMENTAL HEALTH,
DEPARTMENT OF ENVIRONMENTAL CONSERVATION, pointed out that
where the Department witnesses the most concern with
pesticides is in long-term exposure. The areas of most
concern are places such as apartments while spraying is
occurring or in a park where grass is being sprayed. She
stated that public notice makes the most sense in areas of
significant exposure.
Mr. Pawlowski followed up that the idea is to remove
reference to the business community but still include parks,
apartments and public sport fields.
Co-Chair Meyer passed the gavel to Vice-Chair Stoltze and
requested that he Chair this portion of the meeting.
Co-Chair Meyer MOVED to ADOPT Amendment #3. Vice-Chair
Stoltze OBJECTED for the purpose of discussion.
Mr. Pawlowski clarified that the definitions were taken from
the previous sections, B, C & D. He added that they had
attempted to "tidy up" the definition.
Vice-Chair Stoltze asked if those impacts were for the
customers but not necessarily for the employees. He asked
if the employees were assumed to know the risks. Mr.
Pawlowski said that was correct and would then move to
worker's compensation issues.
Representative Holm noted support for the amendment;
however, did not know if he could support the bill.
Representative Kelly interjected that he was not opposed to
the bill.
2:06:09 PM
Representative Kelly discussed that the Department of
Environmental Conservation regulates and controls restricted
chemicals. He was concerned that the State would not be
able to provide the necessary oversight. He knew that it is
against the law to hurt neighbors. He questioned whether
tying the costs of covering and exposure concerns was wise.
Co-Chair Meyer responded that the intent was to address the
public health issue. Alaska is the only State that does not
require the large chemical companies to pay a registration
fee. He believed that the chemical companies should be
asked to pay costs to run the program.
2:09:07 PM
Ms. Ryan explained the work of the Department. The
Department registers chemicals that are available for sale
in Alaska. The Department is already inspecting stores.
Currently, they inspect the use chemicals, by certified
applicators. The bill requests that the public must be
notified when some of the restricted use chemicals are being
sprayed. The bill is being scaled back by the amendment and
only affects areas where long-term or significant exposure
can occur.
Ms. Ryan thought that the certified applicator portion was
more significant than the notification. It is important
that the people that are applying the chemicals know the
basics of how to do it right and safely. HB 19 would
accomplish that. It will make manufacturers, who profit
from the use of the chemicals, help pay for that use.
2:11:22 PM
Vice-Chair Stoltze WITHDREW his OBJECTION to Amendment #3.
There being NO further OBJECTION, Amendment #3 was adopted.
Representative Holm asked the definition of pesticide. He
read the definition that it was anything that could alter
the state of a living being whether it is plant, fungus,
animal or insect.
Representative Holm warned the Department of the "largeness"
of the proposed action. Ms. Ryan responded that the bill
only impacts chemicals that the State already registers. The
Federal Insecticide Act is the legislation that dictates
what pesticides hinder growth. The products are labeled
regarding their safe use. If it is not used according to
the label, federal and state law is violated. She admitted
that language is broad. The chemicals in Alaska amount to
over 5700 products. The Department will exempt certain
items from that fee.
2:14:16 PM
She acknowledged that the broadcast chemical term is also
broad. It is defined in Statute, as chemical substances,
which are released into air for purposes of preventing,
retarding, destroying or stimulating plant or animal life.
He thought that HB 19 is restricted to the chemicals
registered through the registration process already.
Representative Holm referenced "stimulating" growth and
asked if fertilizer would be included. He questioned how
that could be monitored in public areas. He worried about
the "camel's nose under the tent". He emphasized that there
is a "huge" oversight of already federally mandated
programs. Representative Holm thought that there was a lot
of money being spent by the chemical companies to properly
register and label their products. The Department of
Environmental Conservation does not have the personnel to go
through the process to properly educate people how to
duplicate the federal process. He questioned the need for
the legislation.
2:16:44 PM
Representative Holm questioned if the public would be well
served by undertaking the proposed work. He found the bill
to be potentially onerous.
Co-Chair Meyer pointed out that Representative Holm's
insights were expressed in regards to the program that is
already in statute. HB 19 only clarifies that the program
already in existence will now be paid by the chemical
companies instead of the general fund. Getting rid of the
program could be addressed through the budgetary process.
2:19:03 PM
Mr. Pawlowski addressed the changes to the revised fiscal
note. He noted that the Department of Environmental
Conservation thought that the three positions could be dealt
with in the normal budgetary process. The note was reduced
in the travel line, reduced the contractual line by $10
thousand dollars, reduced supplies by $1 thousand dollars,
reduced equipment and brought the realized revenue to the
general fund. In year one, there would be a $96.4 thousand
general fund dollar increase which would improve by $20
thousand dollars.
2:20:38 PM
Co-Chair Meyer noted that it would save approximately $100
thousand dollars in year one. Mr. Pawlowski added that in
year two, the State would realize approximately $18 thousand
dollars in subsequent advantage. The costs of setting up
the program billing system would be absorbed in year one.
That would allow the addition of the second position to
allow for the regulation and enforcement of the program.
The real advantage is that the fees could subsequently be
reduced.
Vice-Chair Stoltze mentioned correspondence his office has
received on the issue. He asked if the Department's larger
concern was collecting the fees or the public health. Ms.
Ryan emphasized that the primary focus is public health.
Additionally, a company that is benefiting from the use of a
product should be paying their share. Knowing that Alaska
is the only State that does not do that, it is a legitimate
request to have the fees supports the program.
Vice-Chair Stoltze asked if the Department would be willing
to make due with less for the publics health. Ms. Ryan
advised that the Department made a compromise knowing that
the amendment would deal directly with a decrease in the
workload.
2:23:12 PM
Representative Holm referenced that the current pesticide
definition includes biological agents such as ladybugs. He
distributed a list of biological agents. (Copy on File).
He reiterated that the legislation would be a huge step.
2:24:57 PM
Representative Kelly understood that the Department is
currently doing the work and asked what would be changed.
Ms. Ryan responded that there would need to be regulations
st
written to address general fund money going away, July 1.
There will need to be fees to replace that to sustain the
work. Writing regulations is a significant amount of work.
Co-Chair Meyer interjected that the bill will require that a
notice be distributed regarding what pesticide will be
sprayed in certain public areas. It is a right to know
bill. Ms. Ryan added that there would be two new
requirements:
· They will have to use a certified applicator to
apply pesticides in a park or apartment building;
and
· Those certified applicators would have to post a
sign so that people are aware that spraying has
occurred in the area.
2:27:53 PM
Representative Foster MOVED to report CS HB 19 (FIN) out of
Committee with individual recommendations and with the
accompanying new fiscal note. There being NO OBJECTION, it
was so ordered.
CS HB 19 (FIN) was reported out of Committee with a "no
recommendation" and with a new fiscal note by the Department
of Environmental Conservation.
AT EASE: 2:28:38 PM
RECONVENE: 2:30:33 PM
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