Legislature(2019 - 2020)BARNES 124
03/13/2020 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| HB91 | |
| HB27 | |
| HB146 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 91 | TELECONFERENCED | |
| += | HB 301 | TELECONFERENCED | |
| + | HB 27 | TELECONFERENCED | |
| + | HB 146 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 27-REGULATION OF FLAME RETARDANT CHEMICALS
3:27:43 PM
CHAIR SPOHNHOLZ announced that the next order of business would
be HOUSE BILL NO. 27, "An Act relating to the manufacture, sale,
distribution, and labeling of child-related products containing
certain flame retardant chemicals; relating to an interstate
chemicals clearinghouse; adding unlawful acts to the Alaska
Unfair Trade Practices and Consumer Protection Act; and
providing for an effective date."
3:28:05 PM
KARLA HART, Staff, Representative Geran Tarr, Alaska State
Legislature, provided an overview of HB 27, on behalf of
Representative Tarr, prime sponsor. She stated that the bill
regulates flame retardants. She noted that its similar to an
Anchorage law that was passed last year provided there are
several differences. She said that Anchorage bans all flame
retardants above 1000 parts per million, while HB 27 bans all
levels of flame retardants. HB 27 bans a class of
organohalogenated chemicals and antimony, whereas Anchorage goes
further by linking with laws in Washington and California.
Furthermore, HB 27 bans toys and electronic products that are
primarily used in the home and removes child seats from the
definition of covered items; however, the industry is
interpreting the bill as if child restraint systems are covered.
She stated that the civil penalties are also slightly different.
HB 27 has no enforcement provisions, which makes the penalties
fairly cosmetic, she said. The bill still allows the
Department of Environmental Conservation (DEC) to participate in
the Interstate Chemicals Clearinghouse if they desire; however,
there are no appropriated funds for that. She said if DEC would
like to participate, dues for the clearinghouse are $2000 for
the state population at this time. She further noted that HB 27
has no labeling requirement and does not require the retention
of records to prove that products do not contain the prohibited
flame retardants.
CHAIR SPOHNHOLZ asked for Ms. Hart to email a comparison between
the Anchorage ordinance and HB 27.
MS. HART directed attention to several documents on the members
desks.
3:32:16 PM
REPRESENTATIVE GILLIS questioned whether HB 27 would conflict
with federal laws pertaining to flame retardants.
MS. HART answered no. She explained that currently, there are
no federal laws pertaining to flame retardants, which is why the
states and municipalities are acting.
3:32:59 PM
CHAIR SPOHNHOLZ opened public testimony.
3:33:17 PM
BEN GANN, Director, American Chemistry Council, informed the
committee that he is representing the American Chemistry
Councils North American Flame Retardant Alliance (NAFRA). He
addressed three issues with the legislation. First, he said, a
class-based approach to regulating flame retardants is not
consistent with the current state of the science because not all
flame retardants are the same. He explained that a variety of
flame retardants are necessary because the materials that need
to be made fire resistant are different in their physical nature
and chemical composition, as are the end use performance
requirements of the final product. Second, HB 27 would remove
the possibility for manufacturers and product designers to use
new innovative and sustainable products in the research and
development pipeline that have not yet come to market and could
be essential to helping these fire standards in the future. He
said Alaska should not permanently eliminate the possibility of
using new flame retardant technologies that could help save
lives and property from fire. Third, he stated that flame
retardants are reviewed for their safety by regulators around
the world. He said this legislation would ban substances that
government regulators have already determined do not present a
risk. HB 27 falls short of the scientific standard by presuming
that these flame retardant chemicals cannot, under any
circumstances, be safely used in consumer products. To
conclude, he said the approach outlined in HB 27 runs contrary
to sound science, is overly broad, discourages development of
innovative new flame retardants to meet product safety
standards, ignores safety determinations made by regulatory
authorities, and may increase fire safety risk.
3:36:40 PM
LAUREN AGUILAR, Juvenile Product Manufacturers Association,
stated that her critical concern with HB 27 is its deviation
from the Anchorage city ordinance. She said the approach in HB
27 would have negative impacts with internal and inaccessible
electronic and electrical components of products, as well as car
seats. She opined that the Anchorage ordinance is a reasonable
approach for juvenile products. She expressed her interest in
amending HB 27 to be consistent with that approach. She added
that if HB 27 is passed in its current form there will be a
broad ban on lifesaving juvenile products that require flame
retardants to meet safety and performance standards. She
requested that the committee contemplate the negative
consequences of HB 27 in its current form and consider
amendments to make it fully consistent with the Anchorage
ordinance if it is to move forward.
3:39:56 PM
PAMELA MILLER, Executive Director, Alaska Community Action on
Toxics, conveyed three key messages in support of HB 27. She
said that toxic flame retardants do not provide proven fire
safety benefits and fire safety standards can be met without
them. She noted that the bill has the support of diverse
organizations, including those representing firefighters, such
as the Fire Chiefs Association. She offered her belief that
Alaska has an opportunity to build on the foundation of the
landmark Anchorage ordinance and to protect the health of all
Alaskans.
3:42:32 PM
CHAIR SPOHNHOLZ asked if electronic products and child restraint
systems should be included or excluded.
MS. MILLER shared her belief that both product categories
present a hazard to children. Nonetheless, said noted that
there are car seats that meet fire safety standards without the
use of flame retardant chemicals. She reiterated her interest
in passing a bill that is substantively similar to the Anchorage
ordinance. She suggested the inclusion of three product
categories: toys, electronics, and car restraint systems.
3:44:22 PM
GRANT JOHNSON, Policy & Government Affairs Coordinator,
International Sleep Products Association, urged the committee to
vote no on HB 27 or to amend the legislation to address existing
flaws. He explained that the bill would prohibit the use of
antimony trioxide, which is an important ingredient in some
materials used in mattresses to help manufacturers meet federal
mattress flammability standards. He provided a detailed
explanation of federal flammability standards administered by
the CPSC [Consumer Product Safety Commission]. He urged the
committee to vote no on HB 27 or amend the bill to strike the
reference to antimony trioxide and exclude products that must
meet the open flame mattress standard set by the CPSC from its
scope.
3:49:06 PM
SUSAN INGLIS, Executive Director, Sustainable Furnishings
Council, explained that the Sustainable Furnishings Council is
an organization of companies involved in residential furnishings
and committed to sustainability. She reported findings from
consumer research and urged the passage of HB 27. She
reiterated that chemicals leech out of products exposing people
to harmful toxins that are directly related to a range of health
problems including various cancers, endocrine system disruption,
and more.
3:53:29 PM
CHAIR SPOHNHOLZ closed public testimony.
3:53:37 PM
REPRESENTATIVE GERAN TARR, Alaska State Legislature, prime
sponsor of HB 27, directed attention to a document on members
desks addressing workplace safety issues for first responders
and potential health impacts for people inside their homes. She
reported that currently, 75 percent of mattresses do not use
antimony. She added that the removal [of antimony] is
consistent with the Anchorage ordinance.
CHAIR SPOHNHOLZ expressed her concern about firefighters facing
a higher risk of some cancers compared to the general public.
3:55:34 PM
REPRESENTATIVE STORY asked how this legislation differs from the
Anchorage ordinance.
REPRESENTATIVE TARR acknowledged that there are reasons to be
concerned about the flame retardants used in electronics as well
as car seats; however, in considering safe alternatives and
pushing policy, those products were included to encourage a
conversation and to educate people on the health risks
associated with exposure to them.
3:57:31 PM
CHAIR SPOHNHOLZ announced that HB 27 was held over.