Legislature(2023 - 2024)BUTROVICH 205
03/13/2023 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| HJR5 | |
| SB67 | |
| SB49 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HJR 5 | TELECONFERENCED | |
| += | SB 67 | TELECONFERENCED | |
| += | SB 49 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 67-PFAS USE FIREFIGHTING
4:03:28 PM
CO-CHAIR BISHOP reconvened the meeting and announced the
consideration of SENATE BILL NO. 67 "An Act relating to
firefighting substances; and providing for an effective date."
4:03:45 PM
CO-CHAIR BISHOP opened public testimony on SB 67.
4:04:03 PM
JOE LALLY, Staff, Prince William Sound Regional Citizens
Advisory Council, Valdez, Alaska, testified in support of SB 67.
He paraphrased the following prepared statement:
The Prince William Sound Regional Citizens' Advisory
Council (PWSRCAC or Council) would like to express our
support for Senate Bill 67 PFAS Use & Remediation;
Fire/Water Safety. Because of the relatively narrow
focus of PWSRCAC's mission, our interest in SB 67 is
limited to the Aqueous Film Forming Foam (AFFF) that
is stored at the Valdez Marine Terminal, and on some
of the related vessels, for the purpose of suppressing
fires.
The Council is an independent nonprofit corporation
whose mission is to promote the environmentally safe
operation of the Valdez Marine Terminal and associated
tankers. Our work is guided by the Oil Pollution Act
of 1990, and our contract with Alyeska Pipeline
Service Company. PWSRCAC's 19 member organizations are
communities in the region affected by the 1989 Exxon
Valdez oil spill, as well as commercial fishing,
aquaculture, Alaska Native, recreation, tourism, and
environmental groups.
AFFF contains perfluoroalkyl and polyfluoroalkyl
substances (PFAS) that are known for their persistence
in the environment and harmful effects to people and
animals. Any release of AFFF could result in the
contamination of drinking water and state waters,
including Prince William Sound. PWSRCAC is aware of
PFAS-containing firefighting substances that are
available and used to fight fires at oil and gas-
related facilities in Alaska, including the Valdez
Marine Terminal.
While we are mindful of pollution impacts that could
result from a catastrophic fire, we are also concerned
about environmental harm that could result from fire
suppression, or the testing of suppression systems,
using PFAS-containing substances. In 2021, there were
two spills of AFFF at the Valdez Marine Terminal,
associated with maintenance and fire-system testing
activities, but thankfully neither spill reached the
marine waters of Port Valdez and Alyeska was able to
detect, respond, and mitigate both spills expediently.
Therefore, the Council supports proposed language that
would empower the Alaska State Fire Marshal to
restrict the use of firefighting substances that
contain PFAS in the state if he or she determines an
alternative non-PFAS substance is available. Such a
determination would be based on an alternative
firefighting substance being approved by the federal
Occupational Safety and Health Administration.
A secondary matter of concern that could be mitigated
by the passage of SB 67 stems from the past
appropriation of $9,425,000 from the Oil and Hazardous
Substance Release Prevention and Response Fund
(Response Fund or Fund) for the purpose of responding
to releases of PFAS statewide. It is proper for the
State to respond and deal with such hazardous
substance releases. However, while the statutes do
allow the Alaska Department of Environmental
Conservation to use the Response Fund to assess the
releases of PFAS that pose an imminent and substantial
threat to the public health or welfare, or to the
environment, it was never intended to pay all the
long-term costs of remediation after the initial
emergency has passed.
A danger of using the Response Fund for long-term PFAS
remediation is that every dollar spent on such
activity reduces the amount available for swift
response to an oil spill or other hazardous substance
release disaster. The overarching purpose of the Fund
is to allow for a speedy and full response to an acute
disaster such as an oil spill. However, using the Fund
for long-term PFAS remediation could easily drain the
Fund to zero and could result in the State being less
able to respond immediately to an oil spill or
chemical release.
The language contained in SB 67 that proposes a new
section of Alaska law (46.03.350) could lead to a
complete ban on the use of PFAS-containing substances
in Alaska. This would reduce future budgetary pressure
on the Response Fund and make the State better
prepared to deploy the Fund to respond to non-PFAS
spill disasters.
4:07:56 PM
MICHELLE MEYER, Alaska Community Action on Toxics, Juneau,
Alaska, testified in support of SB 67. She stated that she grew
up in Yakutat and was a cancer survivor. Yakutat was a large
military base during World War II and it has residual PCB and
dioxin that continues to cause concern. The water is
contaminated by PFAS resulting from the use of the firefighting
foam used at the airport. PFAS is known to cause cancers such as
testicular, kidney, bladder, and acute lymphoblastic leukemia in
children. The latter was her cancer diagnosis as an adult, which
is rare. She believes the cancer was caused by PFAS exposure
from drinking well water at the school that was near the Yakutat
airport. She said her father, brother, husband, and son have
been volunteer firefighters in Yakutat and she worries about
their exposure to PFAS. It is in their turnout gear and the foam
that is used to suppress fires, even though nontoxic
biodegradable alternatives are available. She thanked the
committee for supporting SB 67.
4:11:20 PM
ADAM ORTEGA, Alaska Community Action on Toxics, Juneau, Alaska,
testified in support of SB 67, which would phase out the use of
PFAS firefighting foams. He identified military bases and
airports throughout the state as the largest source of PFAS,
which has contaminated the drinking water for thousands of
Alaskans. Passing SB 67 will help to phase out these forever
chemicals.
4:12:20 PM
PATRICE LEE, Alaska Community Action on Toxics, Fairbanks,
Alaska, testified in support of SB 67. She reported that the
Golden Heart City has four kinds of PFAS in the municipal water
source. Combined, it exceeds the far too lenient standard of 70
parts per trillion. She said there are scores of lakes that are
too contaminated with PFAS to be fished. She cited contamination
in Pile Driver Slough and the Rolling Stone gravel pit, both of
which are well documented by DEC. She said the plume is moving
toward the Salcha River and Harding Lake.
MS. LEE asked how the state expects to prevail in the lawsuit it
filed against DuPont if it doesn't even pass a law to ban the
further use of PFAS. She also suggested the committee expand the
bill to include a safe drinking water standard.
4:14:44 PM
PAM MILLER, Alaska Community Action on Toxics, Anchorage,
Alaska, testified in support of SB 67. She described the
legislation as an important first step to turn off the tap of
pollution that is contaminating the drinking water for people
from the North Slope through Southeast. These forever chemicals
continue to be used dispersively, even when there are safe,
effective, and certified alternatives.
MR. MILLER stated that in 2019 Alaska Community Action on Toxics
identified about 100 sites throughout Alaska that were
contaminated with PFAS. Today, DEC has identified 469 sites that
have PFAS contamination in soil and/or water. This is a serious
public health issue because exposure to these toxic forever
chemicals can cause health problems at levels of less than 1
part per trillion. She emphasized the need to protect all
Alaskans by ensuring they have safe water to drink. She urged
the committee to pass SB 67.
4:18:27 PM
TIM SHESTEK, Senior Director of State Affairs, American
Chemistry Council, Sacramento, California, testified in support
of SB 67. He stated that his organization has supported similar
legislation in other states to restrict the use of PFAS
firefighting foam for training and testing purposes. He said SB
67 recognizes that the oil and gas industry may need to use PFAS
foams to combat large quantity flammable liquid fires, and ACC
would encourage the committee to consider whether there may be
other facilities that need the same accommodation in a real-
world emergency. He offered to work with the committee on this
issue.
4:19:46 PM
CO-CHAIR BISHOP closed public testimony on SB 67 and held the
bill in committee awaiting an updated fiscal note.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 67 Sponsor Responses to Committee Questions 03.01.23.pdf |
SRES 3/13/2023 3:30:00 PM |
SB 67 |
| SB 67 - Testimony received as of 3.11.23.pdf |
SRES 3/13/2023 3:30:00 PM |
SB 67 |
| HJR 05 CS(FSH) Version U 2.15.23.PDF |
SRES 3/13/2023 3:30:00 PM |
HJR 5 |
| HJR 05 Explanation of Changes Version S to U 2.15.23.pdf |
SRES 3/13/2023 3:30:00 PM |
HJR 5 |
| HJR 05 Sponsor Statement Version U 2.24.23.pdf |
SRES 3/13/2023 3:30:00 PM |
HJR 5 |
| HJR 05 Fiscal Note One - House Special Committee on Fisheries 2.15.23.PDF |
SRES 3/13/2023 3:30:00 PM |
HJR 5 |
| HJR 05 Research - KCAW Article 2.1.23.pdf |
SRES 3/13/2023 3:30:00 PM |
HJR 5 |
| HJR 05 Research - ATA and ALFA Orca White Paper Handout 12.7.22.pdf |
SRES 3/13/2023 3:30:00 PM |
HJR 5 |
| HJR 05 Research - ADFG Press Release 8.8.22.pdf |
SRES 3/13/2023 3:30:00 PM |
HJR 5 |
| HJR 05 Testimony - Received as of 3.13.23.pdf |
SRES 3/13/2023 3:30:00 PM |
HJR 5 |