02/28/2011 01:30 PM Senate HEALTH & SOCIAL SERVICES

          SB  27-FLAME RETARDANTS AND TOXIC CHEMICALS                                                                       
                                                                                                                                
1:31:07 PM                                                                                                                    
CHAIR DAVIS  announced the  first order of  business would  be SB
.                                                                                                                             
                                                                                                                                
SENATOR EGAN moved to adopt  the proposed committee substitute to                                                               
SB 27, CSSB 27( ), labeled 27-LS0300\B, as the working document.                                                                
                                                                                                                                
CHAIR DAVIS objected for discussion purposes.                                                                                   
                                                                                                                                
1:31:12 PM                                                                                                                    
SENATOR  BILL  WIELECHOWSKI,  sponsor   of  SB  27,  thanked  the                                                               
committee for  hearing the bill  and said his staff  would review                                                               
the changes in the CS.                                                                                                          
                                                                                                                                
KARLA HART,  staff to Senator  Wielechowski, said the  changes to                                                               
SB 27  from version  M to version  B begin on  page 1.  The first                                                               
change makes enforcement  easier by clarifying that  the limit of                                                               
PBDE by mass applies to each individual component.                                                                              
                                                                                                                                
1:32:04 PM                                                                                                                    
SENATOR ELLIS joined the meeting.                                                                                               
                                                                                                                                
MS. HART further  explained that no component of  any product may                                                               
contain more  than 0.1  percent of  bromines. The  second change,                                                               
page 1, section (c) adds  other external components to electronic                                                               
appliances.  This includes  things like  toasters, blenders,  and                                                               
microwaves, and  ensures that anything that  people have physical                                                               
contact with would be  free of PBDEs.  On page  3, the CS removes                                                               
the  retailer assistance  component, the  review by  departments,                                                               
and  the  list  of  toxic  chemicals.  These  are  replaced  with                                                               
required  participation   by  DEC  in  the   interstate  chemical                                                               
clearinghouse. The clearinghouse  is now up and  running. In this                                                               
way, DEC could  buy a share of a toxicologist  instead of a whole                                                               
department, and share the knowledge of many states.                                                                             
                                                                                                                                
CHAIR DAVIS asked if section 18.31.660 was new.                                                                                 
                                                                                                                                
MS.  HART affirmed  that it  was.  The new  version changed  "may                                                               
participate"  to "shall  participate." The  CS adds  an immediate                                                               
effective date for  interstate clearinghouse participation. Those                                                               
changes were  done to clarify  the bill,  and also to  reduce the                                                               
fiscal notes.                                                                                                                   
                                                                                                                                
CHAIR DAVIS asked if there was a new fiscal note.                                                                               
                                                                                                                                
MS. HART  answered that staff at  DEC was preparing a  new fiscal                                                               
note, but the  CS has to be adopted before  they will release it.                                                               
The  current fiscal  note is  roughly  $159,000. This  recognizes                                                               
that the  toxicologist position will  probably be cut.  The prior                                                               
note was  almost $400,000. The  DSHS fiscal note should  be zero,                                                               
and the public safety note says zero.                                                                                           
                                                                                                                                
SENATOR WIELECHOWSKI, sponsor  of SB 27, said  he doesn't believe                                                               
a toxicologist  is needed, so the  real cost is only  the cost of                                                               
joining the interstate clearinghouse.                                                                                           
                                                                                                                                
CHAIR  DAVIS  said  this  could   be  taken  up  in  the  Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
SENATOR  MEYER asked  if the  state associations  of firefighters                                                               
and fire chiefs have taken a position.                                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI said they have  indicated verbally that they                                                               
support the bill.                                                                                                               
                                                                                                                                
MS. HART stated  they should be sending a letter  of support, and                                                               
they did support the bill  last year, and indicated a willingness                                                               
to  pass  a resolution  in  support  this  year. The  State  Fire                                                               
Marshall gave verbal  support but has some  concerns, because his                                                               
job is not to  protect us from toxics, his job  is to fight fires                                                               
and protect the public from fires.                                                                                              
                                                                                                                                
1:39:27 PM                                                                                                                    
SENATOR MEYER said it would  be helpful to have something showing                                                               
their support.  There is one  letter from a retired  fire fighter                                                               
opposing the bill.                                                                                                              
                                                                                                                                
MS. HART  said that  person has testified  against the  bill each                                                               
year. She  noted that their  office has also received  letters of                                                               
support from active  firefighters, and the Alaska  Chapter of the                                                               
American  Fire Fighters  Association is  also in  favor, and  has                                                               
written  letters in  past years.  The State  Association of  Fire                                                               
Chiefs has also supported the  bill in past years. Possibly there                                                               
is some fatigue with repeatedly passing resolutions.                                                                            
                                                                                                                                
1:40:54 PM                                                                                                                    
SENATOR MEYER asked how SB 27 would be enforced.                                                                                
                                                                                                                                
MS.  HART responded  that initial  enforcement  would be  through                                                               
wholesalers  and distributors,  not  retailers. The  law will  be                                                               
published and news will spread  quickly. Many states already have                                                               
these  laws. Wholesalers  and distributors  have  to disclose  if                                                               
there  are any  PBDEs  in the  products they  sell.  There is  no                                                               
enforcement component in the budget.  Major retailers are already                                                               
complying in  many other states,  and enforcement has not  been a                                                               
big issue.                                                                                                                      
                                                                                                                                
SENATOR  WIELECHOWSKI   said  his  understanding  is   that  many                                                               
manufacturers  are  complying.  Those   not  complying  are  from                                                               
overseas.                                                                                                                       
                                                                                                                                
CHAIR DAVIS noted the CS was adopted, and would go to Finance.                                                                  
                                                                                                                                
SENATOR EGAN  moved to report  CS for  SB 27 from  committee with                                                               
individual recommendations and soon  to be attached fiscal notes.                                                               
There being no  objection, CSSB 27(HSS) moved  from Senate Health                                                               
and Social Services Standing Committee.