04/18/2024 03:30 PM Senate STATE AFFAIRS

                 HB 146-REGULATION OF FIREWORKS                                                                             
                                                                                                                                
3:32:38 PM                                                                                                                    
CHAIR KAWASAKI announced  the consideration of CS  FOR HOUSE BILL                                                               
NO.   146(STA)  "An   Act   relating   to  fireworks;   repealing                                                               
restrictions on  the sale of fireworks;  directing the Department                                                               
of Public  Safety to adopt  fireworks regulations;  and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
3:33:07 PM                                                                                                                    
CHAIR KAWASAKI announced invited testimony for HB 146.                                                                          
                                                                                                                                
3:33:30 PM                                                                                                                    
LISA PURINTON,  Legislative Liaison, Department of  Public Safety                                                               
(DPS), Anchorage,  Alaska, presented  the Summary of  Changes for                                                               
HB  146.  She stated  that  HB  146  was  previously heard  as  a                                                               
companion bill under  SB 117 back in January.  She explained that                                                               
HB 146 was  modified in the House State  Affairs Committee, where                                                               
the word  "any" was changed  to "a" to add  specificity regarding                                                               
the buildings  the Department  of Public  Safety could  enter for                                                               
reviewing potential  violations of  the fireworks law.  She noted                                                               
that the  committee planned  to provide  a quick  refresher since                                                               
some time had  passed since the bill was printed.  She offered to                                                               
provide a summary  of the changes from Version A  to Version B or                                                               
to provide a sectional analysis if needed.                                                                                      
                                                                                                                                
3:34:50 PM                                                                                                                    
MARK  BRAUNEIS, Assistant  Fire  Marshall,  Department of  Public                                                               
Safety,  Anchorage, Alaska,  said HB  146 would  repeal statutory                                                               
restrictions on the sale of fireworks  as defined in AS 18.72 - a                                                               
statute that  is over  15 years  old. The  bill would  direct the                                                               
Department of Public  Safety (DPS) to adopt  regulations in place                                                               
of  the  statute,  transferring governance  of  fireworks'  sale,                                                               
storage,  and use  from the  latter  to the  former. This  change                                                               
would  expand the  definitions of  nationally approved  fireworks                                                               
and  allows   for  more  flexibility  in   regulating  sales  and                                                               
licensing. The  statute includes language  over 50 years  old, no                                                               
longer  used in  the  industry, limiting  its effectiveness.  For                                                               
example, "dangerous fireworks" are  now subdivided at the federal                                                               
level into display-grade and pest control fireworks.                                                                            
                                                                                                                                
MR. BRAUNEIS  explained that  HB 146  would update  "saleable" to                                                               
"consumer-grade fireworks"  for better consistency  with industry                                                               
standards. The statute currently  recognizes 11 types of consumer                                                               
fireworks,   while   federal   regulations  recognize   42.   The                                                               
regulation  would  allow  DPS  to adapt  to  these  changes  more                                                               
quickly  and manage  fluctuations  in the  industry, rather  than                                                               
relying  on  slow  legislative  updates.  When  the  statute  was                                                               
adopted, only  two regulatory agencies oversaw  fireworks; today,                                                               
there  are seven,  each with  varying  levels of  responsibility.                                                               
Regulations  would  allow DPS  to  better  manage these  overlaps                                                               
without requiring frequent  statutory amendments. Maintaining the                                                               
relevance  of  the current  statute  is  difficult due  to  rapid                                                               
changes in federal regulations and  industry standards. The shift                                                               
to  regulations  will  ensure  Alaska's  fireworks  rules  remain                                                               
current and  adaptable. DPS  will engage  stakeholders throughout                                                               
the  process   to  ensure  the  regulations   are  efficient  and                                                               
sustainable. He  urged support for  HB 146 and suggested  that it                                                               
would modernize and improve Alaska's fireworks governance.                                                                      
                                                                                                                                
3:38:55 PM                                                                                                                    
SENATOR WIELECHOWSKI noted that HB  146 came before the committee                                                               
several months ago, and there  were substantial concerns over the                                                               
changes,  particularly  regarding   the  repealing  language.  It                                                               
appears that  none of those  concerns have been addressed  in the                                                               
committee  substitute. He  highlighted  several provisions  being                                                               
repealed, including  AS 18.72.020 and  AS 20.20, which  relate to                                                               
liability insurance requirements. This  was a significant concern                                                               
for many members  of the committee. Additionally,  he referred to                                                               
HB 146, page  2, line 26, which lists  three repealing proposals,                                                               
and noted that these are  substantial changes. He pointed out the                                                               
fireworks wholesaler's license provision  being altered and noted                                                               
changes to the  definition section. He recalled  hearing from one                                                               
of the largest  state suppliers of fireworks,  who suggested that                                                               
some  of these  issues  could be  addressed  by changing  certain                                                               
definitions. He expressed confusion as  to why these concerns had                                                               
not been addressed in the committee substitute.                                                                                 
                                                                                                                                
3:40:13 PM                                                                                                                    
MS.  PURINTON replied  that all  the repealing  language and  the                                                               
information that  will be repealed  from the statute  are planned                                                               
to be  addressed in  the regulations, with  the intention  to add                                                               
those definitions into the regulations.                                                                                         
                                                                                                                                
3:40:30 PM                                                                                                                    
SENATOR WIELECHOWSKI  stated that  while regulations  are outside                                                               
the control  of the  committee and the  body, he  emphasized that                                                               
this committee  and the  body have  control over  what is  set as                                                               
state  policy and  statute. He  expressed uncertainty  about what                                                               
would happen  with the  regulations after  HB 146  passes, noting                                                               
that  once the  bill passes,  the  process is  beyond the  body's                                                               
control. He mentioned  hearing people say many  times, "Oh, we'll                                                               
fix  it in  regulations,"  but  pointed out  that  this does  not                                                               
always  happen.  He  opined  that   this  approach  is  taking  a                                                               
sledgehammer to a problem that could be fixed with a scalpel.                                                                   
                                                                                                                                
3:40:46 PM                                                                                                                    
SENATOR CLAMAN joined the meeting.                                                                                              
                                                                                                                                
3:41:16 PM                                                                                                                    
CHAIR  KAWASAKI   asked  whether   any  regulations   were  being                                                               
propagated based on  HB 146. He inquired if there  were any draft                                                               
regulations at this point.                                                                                                      
                                                                                                                                
3:41:35 PM                                                                                                                    
MR.  BRAUNEIS  replied that  great  discussions  are underway  to                                                               
build out  the framework of  HB 146, and conversations  are being                                                               
held with the affected agencies.  However, staff hours would only                                                               
be dedicated to  developing the regulation once  the bill becomes                                                               
law. He confirmed that a  basic framework exists, which addresses                                                               
the senators' concerns and speaks to all of those issues.                                                                       
                                                                                                                                
3:42:42 PM                                                                                                                    
CHAIR KAWASAKI concluded invited testimony for HB 146.                                                                          
                                                                                                                                
3:43:09 PM                                                                                                                    
CHAIR KAWASAKI held HB 146 in committee.