Legislature(2023 - 2024)ADAMS 519
03/26/2024 01:30 PM House FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| HB259 | |
| SB67 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 259 | TELECONFERENCED | |
| + | SB 67 | TELECONFERENCED | |
| + | TELECONFERENCED |
SENATE BILL NO. 67
"An Act relating to firefighting substances; and
providing for an effective date."
2:50:07 PM
SENATOR JESSE KIEHL, SPONSOR, introduced SB 67 and
explained that per and polyfluoroalkyl substances (PFAS)
were a group of chemicals harmful to human health. The
chemicals were linked to serious health conditions
including low birth weight, thyroid disease, and cancer,
even in extremely small concentrations. He relayed that
PFAS were an efficient firefighting tool because the
chemicals were waterproof and fire resistant; however, PFAS
were difficult to get rid of and toxic. When PFAS were used
in firefighting, it was common for the chemicals to
infiltrate drinking water. As more locations around Alaska
were tested for PFAS contamination due to the use of
firefighting foam, it was discovered that PFAS
contamination was more common than previously thought.
Senator Kiehl explained that SB 67 would take a "no new
spills" approach to the problem. The bill would require
anyone with firefighting foam that contained PFAS to make a
switch to fluorine-free alternatives that were already
approved for use in airports. The Federal Aviation
Association (FAA) had adopted the military specifications
and it was particularly interested in the fluorine-free
foam's ability to quickly extinguish jet fuel fires on top
of an aircraft carrier. The FAA had approved the fluorine-
free foams that had been in use in other places around the
world for many years and the alternatives were available.
The bill had a delayed implementation for the oil and gas
industry because fluorine-free foams that would
successfully extinguish oil and gas fires were not yet
available. The goal of the bill was to protect people's
health, not cost workers their lives. He shared that the
technology was improving and tools would soon be available
for the oil and gas industry. Several of Alaska's
firefighting professionals, including the current fire
marshal, were either involved in or were closely monitoring
research in other states, but Alaska was not yet ready for
the switch.
2:54:44 PM
Senator Kiehl explained that the next major provision in SB
67 was also focused on the no new spills goal. Some years
back, the state collaborated with the Rasmuson Foundation
and the Alaska Village Initiative to put together
firefighting carts called Code Red carts. The carts could
be pulled behind a four-wheeler and could be transported
easily to fight fires. The carts were provided to 136 rural
communities and the cargo included a canister of PFAS
firefighting foam concentrate. At present, 85 percent of
the carts were broken and could not be used to fight fires,
but the concentrate was still present in villages all
across Alaska. The bill required that the state would
ensure that the concentrate was properly disposed of and it
would not be left in rural villages where there was a risk
of spillage.
Senator Kiehl relayed that the bill needed two fixes: the
first was the effective date and the second was tweaking
some language in the bill to make it acceptable to the
administration. He had received proposed language from the
Department of Environmental Conservation (DEC) earlier in
the day and he would soon be drafting the language into an
amendment. He would share the language with the committee
once it was written into the amendment. The work had been
collaborative and productive and he hoped to bring the
committee the new language in the near future.
Senator Kiehl noted that there were invited testifiers
waiting to provide testimony. He introduced Mr. John
Goeckerman, who was serving as an intern in his office
through the University of Alaska and Ted Stevens
Foundation's legislative internship program. He shared that
his staff could provide a sectional analysis at the chair's
discretion.
Co-Chair Foster suggested that the committee hear the
sectional analysis.
2:57:16 PM
JOHN GOECKERMAN, STAFF, SENATOR JESSE KIEHL, reviewed the
sectional analysis (copy on file):
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 PFASfree
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.
Co-Chair Foster relayed that the committee would hear from
invited testifiers.
2:58:26 PM
DAVID PRUHS, MAYOR, CITY OF FAIRBANKS, FAIRBANKS (via
teleconference), testified that the City of Fairbanks had a
PFAS contamination environmental issue. He relayed that
Fairbanks had a firefighting training center with a
containment system and firefighters would light up oil in
the containment system and put the fire out. The
containment system did not fail, but the firefighters
sprayed outside of the containment system and chemicals
leached into the water table and migrated in a northwest
path for about four miles. The city had spent approximately
$5.4 million to connect houses to water systems to prevent
contamination, but the problem was still pervasive. He
often asked himself what he could do that might impact the
state in 20 years. He thought that banning PFAS would have
a positive impact in 20 years and it would have a positive
effect on the environment.
3:00:20 PM
JUSTIN MACK, SECRETARY TREASURER, ALASKA PROFESSIONAL FIRE
FIGHTERS' ASSOCIATION, ANCHORAGE (via teleconference),
testified in support of SB 67. He currently served with the
Alaska Professional Firefighters, the Anchorage
Firefighters Union, the Firefighter Cancer Support Network,
and was a captain at Fire Station 3 in Mountain View with
the Anchorage Fire Department. One of the things that he
had learned about the profession was how dangerous fires
could be. There were known threats such as a burning
building, a roof collapse, a commercial building collapse,
but the threat he did not one understand as a new
firefighter was exposure to dangerous chemicals that could
lead to cancer. He relayed that exposure to chemicals was
responsible for the highest number of firefighter deaths.
The connection between PFAS and cancer was incredibly
strong. In 2022, the International Agency for Research on
Cancer changed its view and made the occupation of
firefighting a Group 1 carcinogen, which meant the
profession itself was carcinogenic to humans. He explained
that Group 1 classification was used when there was the
strongest level of evidence that a substance could cause
cancer. Firefighters were exposed to toxic chemicals
through the firefighting foam and the protective equipment
that firefighters wore.
Mr. Mack added that PFAS was a broad category and only one
of the areas of exposure. The PFAS firefighting foam worked
by creating a blanket over a liquid seal that acted as a
barrier preventing flammable vapors from escaping the
liquid. The foam helped to both extinguish the fire and to
prevent additional ignition of vapors. The problem was that
although foams containing PFAS were more effective than
fluorine-free foams, PFAS had harmful effects on humans and
animals. The chemicals would not degrade naturally in the
environment. In January of 2023, the Department of Defense
issued a new performance specification for firefighting
foams used by the military. The specification outlined the
functional requirements for firefighting foams used on
military bases and were required to be able to effectively
extinguish Class B hydrocarbon liquid fuel fires without
containing PFAS. The next step that several groups were
working on was how to improve the foams to increase
effectiveness in fighting fires. He thought that the foam
products would become available on a larger scale as more
testing was done.
Mr. Mack continued that exposure to PFAS had been linked to
several issues including cancer, reproductive problems,
immune system disorders, and hormonal disruption, and
firefighters were at an increased risk of exposure.
Legislation was crucial to limit the use of PFAS in
firefighting foams and promote the adoption of safer
alternatives. By restricting the use of PFAS-containing
foams, the legislature could reduce firefighters' exposure
to the harmful chemicals and mitigate the environmental
impacts of PFAS contamination. Additionally, legislation
could promote support of PFAS-free firefighting foams that
were effective in extinguishing fires without posing health
and environmental risks. He concluded that addressing
firefighter safety concerns surrounding PFAS required
comprehensive legislation to limit the use of PFAS
firefighting foams and mitigate the environmental impact.
By prioritizing and adopting safer alternatives and
implementing measures to prevent PFAS contamination of
drinking water, the legislature could safeguard the health
and wellness of firefighters and communities.
3:05:41 PM
Co-Chair Foster asked how many gallons of PFAS foam were on
the firefighting carts that were distributed to the rural
villages. He was trying to determine how many of the carts
could be taken back per year.
Senator Kiehl responded that the cap of 40 gallons written
in the bill was targeted at the Code Red carts. The carts
had a five gallon concentrate and a 30 gallon premix tank.
The cap of 40 gallons was chosen to allow for a buffer.
Representative Josephson recalled that Senator Kiehl
mentioned an upcoming amendment related to the take back
provision. He asked whether the administration was working
with the senator on take back provision language only or
was it also working with the senator on finding an
alternative to PFAS itself.
Senator Kiehl responded that the amendment language was
related to the take back provision and PFAS foam in
villages and small remote areas. He thought that members of
the committee would recall that the governor's capital
budget included funding for DOT to replace PFAS foams at
DOT-operated airports, which he applauded. He understood
that DOT was the second largest owner of PFAS foam in the
state. He thought that DOT was on the right track, and it
was now buying fluorine-free foams.
Co-Chair Foster invited the senator to make any closing
comments.
Senator Kiehl appreciated that the committee had taken time
to focus on the issue and looked forward to working with
the committee again once the amendment language from the
administration was finalized.
HB 259 was HEARD and HELD in committee for further
consideration.
Co-Chair Foster reviewed the agenda for the following day's
meeting.