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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