Legislature(2023 - 2024)BARNES 124
04/28/2023 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| SB55 | |
| HB166 | |
| HB124 | |
| HB21 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 166 | TELECONFERENCED | |
| + | HB 124 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 21 | TELECONFERENCED | |
| += | SB 55 | TELECONFERENCED | |
HB 166-PFAS USE FIREFIGHTING
3:20:38 PM
CHAIR SUMNER announced that the next order of business would be
HOUSE BILL NO. 166, "An Act relating to firefighting substances;
and providing for an effective date."
3:20:47 PM
REPRESENTATIVE WILL STAPP, Alaska State Legislature, as prime
sponsor, introduced HB 166. He stated that perfluoroalkyl and
polyfluoroalkyl substances (PFAS) are harmful chemicals known to
cause cancer, even in small dosages. He said that these
substances are used in firefighting foams, and they seep into
drinking water. He stated that HB 166 would end this usage,
with the exception of oil and gas facilities, which would still
be permitted as there is no alternative at this time.
3:23:26 PM
CLIFTON COGHILL, Staff, Representative Will Stapp, Alaska State
Legislature, on behalf of Representative Stapp, prime sponsor,
gave the sectional analysis for HB 166 [copy included in the
committee packet] which read as follows [original punctuation
provided]:
Sec. 1 of the bill creates a new section:
Sec. 46.03.340(a): Everyone outside the oil & gas
industry must stop using PFAS- containing foams,
unless federal law preempts Alaska law.
Sec. 46.03.340(b): People fighting fires in the
oil & gas industry may continue using PFAS-
containing foams until an alternative is approved
by regulation.
Sec. 46.03.340(c): The state fire marshal can
determine there is a safe and effective PFAS-
free foam for fighting oil or gas fires if the
alternate foam is listed by an organization in
OSHA's Nationally Recognized Testing Laboratory
Program. The fire marshal must require the new
foam by regulation, with a stated effective date.
Sec. 46.03.340(d): DEC must take up to 40 gallons
per year of PFAS containing firefighting foam
from Alaskans for disposal.
Sec. 2 of the bill sets an effective date of January
1, 2024.
3:24:54 PM
REPRESENTATIVE FIELDS asked whether similar legislation
introduced the previous year could have potentially included the
oil and gas industry.
REPRESENTATIVE STAPP answered that changes from the previous
legislation have been made; however, he expressed uncertainty
concerning the past legislation because of a change in
sponsorship. In response to a follow-up question, he said that
HB 166 would be a good first step in eliminating PFAS
contamination.
REPRESENTATIVE FIELDS asked whether the bill would compliment
the new Environmental Protection Agency regulations.
REPRESENTATIVE STAPP answered yes.
3:27:35 PM
REPRESENTATIVE CARRICK questioned the amount of PFAS used by the
oil and gas industry.
REPRESENTATIVE STAPP answered that he is unsure. In response to
a follow-up question, he said that oil and gas fires have a
greater level of combustion.
3:29:39 PM
LLOYD NAKANO, Director and Alaska State Fire Marshal, Division
of Fire and Life Safety, Alaska Department of Public Safety,
answered that oil and gas fires take significantly more
resources to put out, and the foams used to do so are not
currently replaceable.
3:30:24 PM
REPRESENTATIVE CARRICK asked why a standard higher than 40
gallons for disposal was not chosen.
REPRESENTATIVE STAPP answered that the disposal methods are
unique, and many places which require PFAS removal are in rural
Alaska. He offered to follow up with the committee with the
many other reasons that the 40-gallon amount was chosen. In
response to a follow-up question, he said that rural Alaska does
not have the same resources available for disposal.
3:32:09 PM
REPRESENTATIVE RUFFRIDGE asked what options exist for disposal.
3:32:36 PM
ANDY MILLS, Legislative Liaison, Special Assistant to the
Commissioner, Office of the Commissioner, Alaska Department of
Transportation and Public Facilities, answered that the
department has submitted a fiscal note for PFAS disposal because
of the high amount of PFAS that is used at airports. He added
that in the past, villages in rural Alaska received firefighting
materials, including PFAS foams amounting to approximately 40
gallons.
3:36:15 PM
REPRESENTATIVE FIELDS asked whether the oil and gas industry
sprays PFAS containing foams as part of their firefighting
training exercises.
3:36:34 PM
SUZANNE CUNNINGHAM, Government Relations Liaison, Alyeska
Pipeline Service Company, answered that she could not answer for
the entire industry.
3:37:02 PM
REPRESENTATIVE FIELDS asked whether Alyeska Pipeline Service
Company has used PFAS-containing foams for training purposes.
MS. CUNNINGHAM answered no.
3:37:33 PM
REPRESENTATIVE PRAX asked whether PFAS foam would still be
eligible for the purpose of preventing a fire from starting in
the event an oil or gas truck was overturned.
REPRESENTATIVE STAPP answered that he is unsure. In response to
a follow-up question, he said that all PFAS containing
substances would be banned except for oil and gas facilities.
REPRESENTATIVE PRAX noted that he has served as a volunteer
firefighter and expressed concern about the possibility that
firefighting foams may not be available for fire prevention in
the event of an oil or gas spill.
3:41:03 PM
REPRESENTATIVE SADDLER asked for a definition of "firefighting
substance."
MR. NAKANO answered that it is not an official term used by
firefighters.
3:42:07 PM
REPRESENTATIVE WRIGHT asked whether there are other terms that
can be used instead of "firefighting substances."
MR. NAKANO answered yes. He said that he would look into
terminology being used by other states.
3:42:33 PM
REPRESENTATIVE SADDLER asked whether the bill sponsor would
oppose the addition of definitions to the bill.
REPRESENTATIVE STAPP expressed support for the addition of
definitions for clarity to the proposed legislation.
REPRESENTATIVE SADDLER asked how the fire marshal's office would
determine a safe and effective alternative to PFAS foams.
MR. NAKANO answered that it would use products listed by the
National Laboratories which meet the Occupational Safety and
Health Administration's standards for firefighting capabilities.
In response to a follow-up question, he said that he is working
with other firefighting agencies in the state to determine
effective and safe alternatives.
3:45:36 PM
REPRESENTATIVE RUFFRIDGE asked whether there is a possibility to
work with other states on disposal.
REPRESENTATIVE STAPP expressed uncertainty.
3:46:42 PM
REPRESENTATIVE PRAX asked whether a safe method with the same
effectiveness as PFAS foams has been determined for aircraft
fires.
MR. NAKANO answered that this is in the developmental stage. In
response to a follow-up question, he said that airport
firefighters are still covered by federal regulations.
3:47:43 PM
REPRESENTATIVE PRAX asked whether there is a risk that the PFAS
foams exceeding the 40-gallon limit would not be disposed of
properly.
MR. MILLS answered that 40 gallons is the best estimate for
rural communities. He added that, in some communities, this
amount has already been used or lost. In response to a follow-
up question, he said that the department was unable to come up
with a method to account for every industry.
3:52:19 PM
REPRESENTATIVE SADDLER asked whether the bill would only include
PFAS which are part of Operation Code-Red.
REPRESENTATIVE STAPP answered that the bill would apply to all
communities.
3:53:54 PM
CHAIR SUMNER announced that HB 166 was held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 124 Support Letter Teamsters 3.27.23.pdf |
HL&C 4/28/2023 3:15:00 PM |
HB 124 |
| HB 124 Sectional Analysis version A.pdf |
HL&C 4/28/2023 3:15:00 PM |
HB 124 |
| HB 124 Support Letter Alaska Chamber 4.19.23.pdf |
HL&C 4/28/2023 3:15:00 PM |
HB 124 |
| HB 124 Sponsor Statement version A.pdf |
HL&C 4/28/2023 3:15:00 PM |
HB 124 |
| HB 124 version A.PDF |
HL&C 4/28/2023 3:15:00 PM |
HB 124 |
| HB 124 Alaska CDL Manual.pdf |
HL&C 4/28/2023 3:15:00 PM |
HB 124 |
| HB 124 DOLWD Press Release 4.11.2023.pdf |
HL&C 4/28/2023 3:15:00 PM |
HB 124 |
| HB 124 ELDT Info.pdf |
HL&C 4/28/2023 3:15:00 PM |
HB 124 |
| HB 124 Fiscal Note.pdf |
HL&C 4/28/2023 3:15:00 PM |
HB 124 |
| HB 124 eCFR 49 CFR 383.23 -- Commercial Driver's License.pdf |
HL&C 4/28/2023 3:15:00 PM |
HB 124 |
| HB 124 CH 104 SLA 1985.pdf |
HL&C 4/28/2023 3:15:00 PM |
HB 124 |
| HB 124 APM Article 4.11.2023.pdf |
HL&C 4/28/2023 3:15:00 PM |
HB 124 |
| HB 124 ADN Article 4.12.2023.pdf |
HL&C 4/28/2023 3:15:00 PM |
HB 124 |
| HB 166A PFAS.PDF |
HL&C 4/28/2023 3:15:00 PM |
HB 166 |
| HB166 PFAS Sponsor Statement.pdf |
HL&C 4/28/2023 3:15:00 PM |
HB 166 |
| HB 166 PFAS Pollution Sectional Analysis.pdf |
HL&C 4/28/2023 3:15:00 PM |
HB 166 |
| HB166 Support.pdf |
HL&C 4/28/2023 3:15:00 PM |
HB 166 |
| HB 166 PFAS Fiscal note DPS.pdf |
HL&C 4/28/2023 3:15:00 PM |
HB 166 |
| HB 166 PFAS Fiscal Note DOT.pdf |
HL&C 4/28/2023 3:15:00 PM |
HB 166 |
| HB166 Support Letters.pdf |
HL&C 4/28/2023 3:15:00 PM |
HB 166 |