04/04/2018 01:00 PM House RESOURCES

         HB  27-HIGH-RISK CHEMICALS FOR CHILD EXPOSURE                                                                      
                                                                                                                                
6:36:05 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TARR announced that the  next order of business would be                                                               
HOUSE BILL  NO. 27,  "An Act  relating to  chemicals that  are of                                                               
high  concern for  children and  to the  manufacture and  sale of                                                               
products containing  certain flame retardant  chemicals; relating                                                               
to an interstate chemicals clearinghouse;  adding an unlawful act                                                               
to  the Alaska  Unfair  Trade Practices  and Consumer  Protection                                                               
Act; and providing for an effective date."                                                                                      
                                                                                                                                
[Before the  committee, adopted  as a work  draft on  3/9/18, was                                                               
the  committee substitute  (CS) for  HB 27,  Version 30-LS0264\D,                                                               
Bannister, 3/5/18, referred to as "Version D."]                                                                                 
                                                                                                                                
CO-CHAIR  TARR reminded  the committee  that  the bill  addresses                                                               
flame retardants  found in  some home  products that  could cause                                                               
health problems.   The concern is for  children and firefighters.                                                               
She explained  that Version  D is scaled  back from  the original                                                               
Version A.   The  amendment that she  intends to  propose removes                                                               
the requirement for the  Department of Environmental Conservation                                                               
(DEC)  to develop  a list  of chemicals  of high  concern and  to                                                               
review  and revise  that list  periodically.   This change  would                                                               
reduce  staff time  required, and  thus, substantially  lower the                                                               
amount of the fiscal note.   A prohibition for the chemicals that                                                               
are of concern would remain in Version D.                                                                                       
                                                                                                                                
6:38:38 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TARR moved to adopt  Amendment 1, labeled 30-LS0264\D.1,                                                               
Bannister, 3/21/18, which read:                                                                                                 
                                                                                                                                
     Page 1, line 1:                                                                                                            
          Delete "chemicals that are of high concern for                                                                      
     children and to"                                                                                                         
                                                                                                                                
     Page 1, line 2, following "of":                                                                                          
          Insert "child-related"                                                                                              
                                                                                                                                
     Page 1, line 11:                                                                                                           
          Delete "Chemicals of High Concern for Childhood                                                                     
     Exposure."                                                                                                               
          Insert "Flame Inhibiting Chemicals in Child-                                                                        
     Related Products."                                                                                                       
                                                                                                                                
     Page 1, line 12, through page 2, line 24:                                                                                  
          Delete all material.                                                                                                  
                                                                                                                                
     Page 2, line 25:                                                                                                           
          Delete "Sec. 18.31.640"                                                                                             
          Insert "Sec. 18.31.610"                                                                                             
                                                                                                                                
     Page 2, line 28, following "chemical":                                                                                     
          Insert "contains                                                                                                      
               (1)  100 or more parts per million of a                                                                          
     nonpolymeric organohalogen flame retardant; or                                                                             
               (2)  antimony (chemical abstracts service                                                                        
     number 7440-36-0)."                                                                                                        
                                                                                                                                
     Page 2, line 29, through page 3, line 4:                                                                                   
          Delete all material.                                                                                                  
                                                                                                                                
     Page 3, line 8:                                                                                                            
          Delete "Sec. 18.31.650"                                                                                             
          Insert "Sec. 18.31.620"                                                                                             
                                                                                                                                
     Page 3, line 12:                                                                                                           
          Delete "Sec. 18.31.660"                                                                                             
          Delete "Sec. 18.31.630"                                                                                             
                                                                                                                                
     Page 3, lines 12 - 13:                                                                                                     
          Delete "AS 18.31.640 or 18.31.650"                                                                                    
          Insert "AS 18.31.610 or 18.31.620"                                                                                    
                                                                                                                                
     Page 3, line 18:                                                                                                           
          Delete "AS 18.31.640 or 18.31.650"                                                                                    
          Insert "AS 18.31.610 or 18.31.620"                                                                                    
                                                                                                                                
     Page 3, line 22:                                                                                                           
          Delete "Sec. 18.31.670"                                                                                             
          Insert "Sec. 18.31.640"                                                                                             
                                                                                                                                
     Page 3, line 23:                                                                                                           
          Delete "department shall"                                                                                             
          Insert "Department of Environmental Conservation                                                                      
     may"                                                                                                                       
          Following "to":                                                                                                       
          Insert "learn about flame inhibiting chemicals                                                                        
     used in consumer products."                                                                                                
                                                                                                                                
     Page 3, line 24, through page 4, line 1:                                                                                   
          Delete all material.                                                                                                  
                                                                                                                                
     Page 4, line 2:                                                                                                            
          Delete "Sec. 18.31.690"                                                                                             
          Insert "Sec. 18.31.650"                                                                                             
          Delete "AS 18.31.610 - 18.31.690"                                                                                     
          Insert "AS 18.31.610 - 18.31.650"                                                                                     
                                                                                                                                
     Page 4, line 5, following "bedding,":                                                                                      
          Insert "mattresses,"                                                                                                  
                                                                                                                                
     Page 4, line 7:                                                                                                            
          Delete ";"                                                                                                            
          Insert "."                                                                                                            
                                                                                                                                
     Page 4, lines 8 - 19:                                                                                                      
          Delete all material.                                                                                                  
                                                                                                                                
     Page 4, line 21:                                                                                                           
          Delete "AS 18.31.640 or 18.31.650"                                                                                    
          Insert "AS 18.31.610 or 18.31.620"                                                                                    
                                                                                                                                
     Page 4, lines 23 - 28:                                                                                                     
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 5, line 2:                                                                                                            
        Delete "AS 18.31.640, 18.31.650, and 18.31.660"                                                                         
          Insert "AS 18.31.610, 18.31.620, 18.31.630, and                                                                       
     18.31.650"                                                                                                                 
                                                                                                                                
REPRESENTATIVE PARISH objected for the purpose of discussion.                                                                   
                                                                                                                                
6:38:52 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TARR  explained that  Version D  consists of  two parts:                                                               
the  first is  a prohibition  on  the chemicals  of concern;  the                                                               
second  involves  DEC developing  a  list  of the  chemicals  and                                                               
participating in the interstate clearing  house.  She referred to                                                               
the deletions  contained in  Amendment 1  and mentioned  that the                                                               
prohibition  on the  chemicals of  concern, the  definitions, and                                                               
the effective dates would remain in the proposed legislation.                                                                   
                                                                                                                                
6:40:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PARISH  referred  to  page  1,  lines  20-22,  of                                                               
Amendment 1, which read. "(1) 100  or more parts per million of a                                                               
nonpolymeric  organohalogen  flame  retardant;  or  (2)  antimony                                                               
(chemical  abstracts service  number  7440-36-0)."   He asked  if                                                               
these chemicals were familiar to retailers.                                                                                     
                                                                                                                                
CO-CHAIR  TARR  responded  yes.   She  added  that  the  proposed                                                               
legislation would  put the onus  on manufacturers; they  would be                                                               
aware of the chemical additives.   She explained that the removal                                                               
of paragraph (1) on  page 2, line 29, in Version D  is due to the                                                               
elimination  of the  requirement for  a list;  and the  chemicals                                                               
listed in Version D on page 2, lines  30 and 31, and page 3, line                                                               
1, under  paragraphs (2), (3), and  (4), are included on  page 1,                                                               
lines 20-21, of Amendment 1.                                                                                                    
                                                                                                                                
6:42:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PARISH asked  if  the advocates  of the  proposed                                                               
legislation have expressed support for the amendment.                                                                           
                                                                                                                                
CO-CHAIR TARR  replied yes.  She  said that there is  support for                                                               
the  amendment  because  the  prohibition   on  the  use  of  the                                                               
chemicals [of concern] would remain  in the proposed legislation,                                                               
and  that is  the  part  that advocates  are  most interested  in                                                               
moving forward.   She relayed that removing  the requirements for                                                               
DEC to list,  review, and revise the group of  chemicals [of high                                                               
concern]  reflects  the  difficulty and  expense  for  individual                                                               
states  to conduct  long-term health  research.   She  maintained                                                               
that the participation  of Alaska in the national  effort via the                                                               
interstate  clearing  house  gives  it  the  benefit  of  sharing                                                               
information  and best  practices  with other  states without  the                                                               
significant  cost  of  building  capacity within  DEC,  which  is                                                               
difficult to  justify at this time.   Currently DEC is  trying to                                                               
maintain status quo and keep its core functions intact.                                                                         
                                                                                                                                
6:44:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PARISH removed  his  objection.   There being  no                                                               
further objection, Amendment 1 was adopted.                                                                                     
                                                                                                                                
6:44:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND objected  for further  discussion.   She                                                               
asked for confirmation that Amendment  1 would limit the entry of                                                               
the chemicals into the state  that are on child related products,                                                               
however, would not address  furniture containing flame retardants                                                               
that result in firefighter deaths.                                                                                              
                                                                                                                                
CO-CHAIR TARR disagreed.  She  said that the products referred to                                                               
in  the proposed  legislation are  the  products containing  fire                                                               
retardant chemicals that cause exposure  when released in a fire.                                                               
She added that, for example,  the upholstered furniture listed in                                                               
the proposed legislation is not  just upholstered furniture for a                                                               
child, but upholstered furniture for anyone.                                                                                    
                                                                                                                                
6:45:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  directed attention to the  change in the                                                               
title of Article 5 as seen on Amendment 1, page 1, lines 8-9.                                                                   
                                                                                                                                
CO-CHAIR  TARR clarified  that the  removal of  Section 18.31.640                                                               
precipitated the title change.                                                                                                  
                                                                                                                                
REPRESENTATIVE DRUMMOND asked for  confirmation that the proposed                                                               
legislation,  as  amended,  would prohibit  flame  retardants  in                                                               
general from coming  into the state on  any furniture, carpeting,                                                               
or other product.                                                                                                               
                                                                                                                                
CO-CHAIR  TARR concurred  and referred  to  the consumer  product                                                               
definitions on page 4, lines 4-7, of Version D.                                                                                 
                                                                                                                                
REPRESENTATIVE DRUMMOND removed her objection.                                                                                  
                                                                                                                                
6:46:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAUSCHER objected  for discussion  purposes.   He                                                               
asked for clarification for why the title was removed.                                                                          
                                                                                                                                
CO-CHAIR TARR  reiterated that because the  accompanying sections                                                               
-  identification of  chemicals,  requirements  for listing,  the                                                               
production and review of the list  - were removed, the titled was                                                               
changed.                                                                                                                        
                                                                                                                                
REPRESENTATIVE RAUSCHER  removed his  objection.  There  being no                                                               
further objection, Amendment 1 was adopted.                                                                                     
                                                                                                                                
6:47:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TALERICO  mentioned that of the  two fiscal notes,                                                               
the one that will accompany HB  27 in its amended version will be                                                               
Office of Management & Budget (OMB) Component Number 2717.                                                                      
                                                                                                                                
CO-CHAIR  TARR confirmed  that  the revised  fiscal  note has  no                                                               
expenditure.                                                                                                                    
                                                                                                                                
6:48:21 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOSEPHSON moved to report  CSHB 27, Version 30-LS0264\D,                                                               
Bannister, 3/21/18, as amended,  out of committee with individual                                                               
recommendations  and the  accompanying fiscal  note 2717.   There                                                               
being  no objection,  CSHB 27(RES)  was reported  from the  House                                                               
Resources Standing Committee.