02/20/2025 03:15 PM House STATE AFFAIRS

               HB 25-DISPOSABLE FOOD SERVICE WARE                                                                           
                                                                                                                              
3:26:42 PM                                                                                                                    
                                                                                                                                
CHAIR CARRICK  announced that the  first order of  business would                                                               
be  HOUSE  BILL NO.  25,  "An  Act  relating to  disposable  food                                                               
service ware; and providing for an effective date."                                                                             
                                                                                                                                
3:27:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ANDY  JOSEPHSON,  Alaska  State  Legislature,  as                                                               
prime sponsor, discussed  HB 25.  He responded  to an outstanding                                                               
question  regarding enforcement  that was  brought up  during the                                                               
bill's  previous committee  hearing  [2/18/25].   He remarked  on                                                               
permit   requirements  from   the  Department   of  Environmental                                                               
Conservation (DEC)  to operate restaurants  and talked  about the                                                               
avenues  for  enforcement.    He stated  that  DEC  is  currently                                                               
"short-handed",  and enforcement  could be  somewhat complicated.                                                               
He also  remarked that a  testifier was available to  discuss the                                                               
bill.                                                                                                                           
                                                                                                                                
3:29:49 PM                                                                                                                    
                                                                                                                                
CHAIR CARRICK opened public testimony on HB 25.                                                                                 
                                                                                                                                
3:30:24 PM                                                                                                                    
                                                                                                                                
PAMELA  MILLER, Executive  Director, Alaska  Community Action  on                                                               
Toxics, discussed  the health implications  of polystyrene.   She                                                               
said  that  the  Alaska  Community  Action  on  Toxic's  strongly                                                               
support  HB 25  because it  is  an effective  measure to  protect                                                               
health and  reduce pollution on  Alaska's land and in  its water.                                                               
She said  there are multiple  reasons why the group  supports the                                                               
legislation.  The  first is because the proposed  bill would help                                                               
address  the adverse  health effects  of polystyrene.   She  said                                                               
that  it is  a hazardous  material that  should not  be used  for                                                               
either  food or  beverage  containers.   She  said that  research                                                               
indicates that  it is  a carcinogen,  and exposure  increases the                                                               
risk of certain cancers.  She  said that it can also damage white                                                               
blood  cells,  the liver,  nervous  systems,  distort vision  and                                                               
hearing, cause memory loss, and  cause slower reaction times.  In                                                               
short, she  said, it is a  neurotoxin and should be  avoided as a                                                               
food packaging material.   She stated that styrene  can leak from                                                               
packaging into the food, and  this was especially pronounced when                                                               
styrene encounters a  hot item or fatty lipid rich  content.  She                                                               
gave an  example of  a Styrofoam coffee  cup filled  with creamer                                                               
and how leeching would occur.                                                                                                   
                                                                                                                                
MS.  MILLER said  that an  additional  point of  concern was  the                                                               
environmental  persistence of  polystyrene.    She remarked  that                                                               
these  products   do  not  degrade.     She  said  once   in  the                                                               
environment;  polystyrene  breaks  down  into  microplastics  and                                                               
spreads easily due to its light weight.   She said that it can be                                                               
ingested by wildlife and causes a  host of issues.  She said that                                                               
in  landfills, polystyrene  continues to  release chemicals  into                                                               
the environment, and this can  be especially problematic in rural                                                               
Alaska where landfill  controls are not in place.   She said that                                                               
when  burned, polystyrene  releases  harmful  chemicals into  the                                                               
air.                                                                                                                            
                                                                                                                                
MS. MILLER also  said that this product cannot be  recycled.  She                                                               
said the  health implications of  its chemical composition  are a                                                               
major  reason why  this  is the  case.   She  said that  chemical                                                               
recycling,  a process  that  converts plastics  into  fuel was  a                                                               
problem-ridden  process  that  simply   generates  hazards  in  a                                                               
different fashion.   She  said that  the only  chemical recycling                                                               
facility in the  U.S. was closed due to problems.   She said that                                                               
as of  June 2024, 11  states and 250 cities/counties  have banned                                                               
or placed restrictions  on polystyrene.  She  said that McDonalds                                                               
banned  polystyrene foam  in 1990.    She said  there are  widely                                                               
available and  affordable substitutes to  accommodate alternative                                                               
choices.   She  said that  Green Alaska  Solutions is  an Alaska-                                                               
based  business   that  provides  such  alternatives   to  Alaska                                                               
businesses.     She   said   that   customers  appreciate   safer                                                               
alternatives and  are creating  a demand  for alternatives.   She                                                               
urged committee support  for the bill because it  is an important                                                               
step in addressing the plastic crisis.                                                                                          
                                                                                                                                
3:39:13 PM                                                                                                                    
                                                                                                                                
DYANI CHAPMAN,  State Director, Alaska Environment,  testified in                                                               
support of HB  25.  She said that plastic  pollution is a massive                                                               
problem  and if  society continues  its current  trajectory, then                                                               
there will be more  plastic than fish in the ocean  by 2050.  She                                                               
said that  plastic pollution  is on  Alaska beaches,  the streets                                                               
and  even in  the  water.   She  remarked  that  in 2023,  Alaska                                                               
Environment  tested 39  different water  sources in  Southcentral                                                               
Alaska and 100 percent of  testing samples were contaminated with                                                               
microplastics.   She  remarked that  this included  Anchorage tap                                                               
water.   She  said that  similar  studies around  the state  have                                                               
yielded similar results.   She said that  wildlife often mistakes                                                               
plastics  for food,  which  can have  damaging  impacts on  their                                                               
health.     In  both  humans   and  wildlife  alike,   she  said,                                                               
microplastics  have  been  linked  to  health  ailments  such  as                                                               
fertility  issues, cancers,  dementia, and  other ailments.   She                                                               
said  that  several  steps  are needed  to  address  the  plastic                                                               
pollution problem, and that polystyrene  is among the "gnarliest"                                                               
of   plastics  due   to  its   breakdown,  transportability   and                                                               
composition  of the  chemical  styrene, a  toxic  chemical.   She                                                               
remarked  that  she  was  delighted  to hear  that  many  of  the                                                               
restaurants  in  Representative  Vance's   district  had  made  a                                                               
transition  away from  Styrofoam  and said  that it  demonstrates                                                               
that  moving  away from  this  product  is  possible.   She  said                                                               
however, that  polystyrene is still commonplace  in the Anchorage                                                               
area.  In conclusion she said  that nothing that is used for mere                                                               
minutes should  compromise environmental  health for  hundreds of                                                               
years.                                                                                                                          
                                                                                                                                
3:41:47 PM                                                                                                                    
                                                                                                                                
LINDSAY STOVALL,  American Chemistry Council, Inc.,  testified in                                                               
opposition to HB 25.  She  said that the council believes that HB
  takes  the  wrong  approach to  plastic  mitigation  and  the                                                               
broader  impacts   should  be  considered.     She   stated  that                                                               
compostable alternatives only degrade  in a controlled composting                                                               
environment, and they will ultimately end  up in a landfill.  She                                                               
said that  HB 25 favors  one material over  the other.   She said                                                               
that without  a commercial  composting facility,  the alternative                                                               
materials will  ultimately end up in  a landfill.  She  also said                                                               
that styrene  is a  clear colorless liquid  used to  make durable                                                               
products, and  it is processed to  make polystyrene, and it  is a                                                               
different product.   Once  converted she  said that  most styrene                                                               
becomes inert.   She claimed  that low  levels of styrene  do not                                                               
amount to  a level  that warrant  concern as  a carcinogen.   She                                                               
remarked that the  US Food and Drug  Administration (FDA) claimed                                                               
that  these  products  were  safe   and  met  current  regulatory                                                               
standards.                                                                                                                      
                                                                                                                                
3:45:41 PM                                                                                                                    
                                                                                                                                
BRITTNEY ROBINS,  Assembly Member, City of  Wrangell testified in                                                               
support  of  HB  25.     She  remarked  that  she  is  incredibly                                                               
passionate about the  health and well-being of  her community and                                                               
planet.   She remarked that out  of the six eateries  in Wrangell                                                               
only two  currently use polystyrene  products for take-out.   She                                                               
remarked that  she was the  sous-chef and  manager at one  of the                                                               
cafs   and when  the company  was thinking  about how  to provide                                                               
food  for people,  they  avoided polystyrene  due  to the  easily                                                               
found  information  regarding  its   toxicity.    She  said  that                                                               
initially  they  had  used  plastic   soup  cups  but  given  the                                                               
inability  to recycle  on  the  island the  café  later moved  to                                                               
compostable bowls.   She said  that while the  previous testifier                                                               
said  that  commercial composting  would  be  required for  these                                                               
products, the  City of  Wrangell had a  garden that  could handle                                                               
composting  duties.    She  said  that  the  cost  to  change  to                                                               
compostable bowls did  not indicate any need to  change prices at                                                               
the café.                                                                                                                       
                                                                                                                                
3:48:36 PM                                                                                                                    
                                                                                                                                
CHAIR  CARRICK, after  ascertaining  there was  no  one else  who                                                               
wished to testify, closed public testimony on HB 25.                                                                            
                                                                                                                                
3:48:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE  said that  one of  the struggles  with the                                                               
proposed bill  is the  "price point"  to change  food wares.   He                                                               
said  previously he  had  helped  put together  a  small hot  dog                                                               
business  and the  difference between  a  white paper  bag and  a                                                               
brown paper bag  was about 1.5 cents and it  was enough to impact                                                               
profit  margins  because  of competition  amongst  other  similar                                                               
businesses.   He  asked about  the price  differentials when  the                                                               
café changed food ware from polystyrene to compostable products.                                                                
                                                                                                                                
MS. ROBBINS  responded that the  café started  with biodegradable                                                               
products  from the  beginning.   She said  that getting  products                                                               
that could  be composted locally was  a focus due to  the lack of                                                               
recycling infrastructure on Wrangell Island.   She said that when                                                               
pricing  out certain  products from  plastic  to compostable  the                                                               
price  difference came  down to  pennies  and did  not warrant  a                                                               
price change  on the menu.   She said that Wrangell  is small and                                                               
there  were no  competing businesses  with the  same service  and                                                               
design.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  MCCABE  said  that  an  issue  amongst  competing                                                               
businesses is that  a couple pennies can make  a huge difference.                                                               
He wondered whether there was  a way to encourage compostables to                                                               
be cheaper.   He asked whether a  multi-pronged approach, perhaps                                                               
a credit could be issued for using compostables.                                                                                
                                                                                                                                
MS.  ROBBINS  responded  that  there  are  a  lot  more  products                                                               
available.    She  said  that  some  of  these  alternatives  are                                                               
available  on  Amazon.    She  said  that  paper  is  safer  than                                                               
polystyrene.   She remarked that  she understood  that additional                                                               
pennies can  amount to higher  costs but affirmed that  the well-                                                               
being of the community was important.                                                                                           
                                                                                                                                
3:52:57 PM                                                                                                                    
                                                                                                                                
CHAIR CARRICK  after ascertaining  that there were  no additional                                                               
questions, set  an amendment  deadline and  announced that  HB 25                                                               
was held over.