Legislature(2001 - 2002)
04/18/2002 02:05 PM House FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 382
"An Act relating to the evaluation and cleanup of sites
where certain controlled substances may have been
manufactured or stored."
REPRESENTATIVE GRETCHEN GUESS, SPONSOR, testified in support
of the legislation. She provided members with proposed
committee substitute, work draft 22-LS1105\L, 4/17/02 (copy
on file).
Representative Harris MOVED to ADOPT work draft 22-LS1105\L,
4/17/02. There being NO OBJECTION, it was so ordered.
Representative Guess explained that the purpose of the
legislation is to ensure that clandestine laboratories are
cleaned up before they are reoccupied. She observed that
when a methamphetamine laboratory is "busted" the law
enforcement agency sends a letter to the residential
property owner and a notice is placed on the building
notifying that illegal substances were manufactured on the
site. The state has not previously set guidelines regarding
the site cleanup or tested sites in order to make sure that
they are safe before they are reoccupied. A residential
owner that didn't care if the site was cleaned up could
simply paint and vacuum before the site was reoccupied. A
person could rent a former methamphetamine laboratory
without knowing. Residential owners that want to cleanup
their sites have no guidelines or directions. In Juneau, an
owner that could not disposed of methamphetamine-
contaminated furniture at the dump ended up burning the
hazardous material.
Representative Guess explained that legislation sets up a
process to deal with these situations. The owner must be
noticed [by the Department of Environmental Conservation].
The owner can test the property or go straight to
decontamination. The Department of Environmental
Conservation will set up guidelines for testing and
decontamination to assure that qualified individuals perform
the services. The Department of Environmental Conservation
would also keep a list of owners. There are four substances
identified in the legislation: lead, mercury,
methamphetamines, and volatile organic compounds. The levels
would be set in regulations. It would be a class A
misdemeanor to knowingly rent, lease, or occupy contaminated
property. The legislation would not take affect until
regulations setting levels for the four substances are set.
She observed that the program would be cheaper to administer
through the Department of Environmental Conservation than
the Department of Health and Social Services.
Representative Foster spoke in support of the legislation.
He noted the high costs of travel and suggested the fiscal
note needed to be increased. Representative Guess observed
that the state would not be responsible for cleaning up the
property. The property owner would be responsible, but the
state would set the guidelines to ensure that a residence is
safe. The fiscal note states that $12 thousand dollars is
needed to set up the process and $2 thousand dollars is
needed for copying and communications with owners.
Representative Lancaster questioned how the legislation
would affect the Landlord Tenant Act.
NATHAN JOHNSON, STAFF, REPRESENTATIVE GUESS, testified via
teleconference. He clarified that there would be no affect
on landlord tenant law, because it would be an act of the
state. Prohibition of future use would be between the state,
tenant and owner.
JANICE ADAIR, DIRECTOR, DIVISION OF ENVIRONMENTAL HEALTH,
DEPARTMENT OF ENVIRONMENTAL CONSERVATION, testified via
teleconference. She noted that she was available for
questions.
LIEUTENANT JULIA GRIMES, DEPARTMENT OF PUBLIC SAFETY,
testified via teleconference in support of the legislation.
The department's fiscal note is zero. In the last year, the
state of Alaska has certified an additional 50 police
officers to safely investigate lands producing the end
product of methamphetamine. She observed that the department
would identify the site, but that they must be cleaned by
private entities with hazardous material expertise.
Laboratories are found in private single-family homes,
storage units, multi-family residential apartments, trailer
homes and other locations all over the state of Alaska. The
people cooking the product are untrained. Recipes can be
found over the Internet. Chemicals can be spilled and found
in carpets, sub-flooring, ceiling tiles and in other areas.
Re-occupancy can result in chronic, long-term exposure to
low levels of very corrosive chemicals. Children that spend
time on the floor are especially vulnerable to exposure. The
legislation would protect public health and the property
owners. Law enforcement currently complies with the
notification requirements in the bill according to parallel
federal guidelines.
DETECTIVE ED BRYANT, METRO DRUG UNIT, ANCHORAGE POLICE
DEPARTMENT, testified via teleconference in support of the
legislation. He stressed the urgency and interest in
protecting public safety. He noted that rural areas with
fisheries are especially susceptible.
MARC WOODARD, ANCHORAGE POLICE DEPARTMENT, testified via
teleconference in support. He emphasized that responsibility
would be placed where it belongs and innocent persons would
be protected.
TIM ROGERS, LEGISLATIVE PROGRAM COORDINATOR, MUNICIPALITY OF
ANCHORAGE, ANCHORAGE, testified via teleconference in
support of the legislation. He noted that the legislation
would provide protection for property owners and safeguards
for the general public. He maintained that public safety
issues out weigh the potential cost to property owners.
Vice-Chair Bunde noted that the problem is growing.
Lieutenant Grimes observed that Alaska law enforcement has
heeded experiences in other areas of the United States.
Alaska law enforcement entities have taken an aggressive
stance. The number of laboratories has dropped from 50 in
2000 to 21/ in 2001.
Representative Foster MOVED to report CSHB 382 (FIN) out of
Committee with the accompanying fiscal note. There being NO
OBJECTION, it was so ordered.
CSHB (FIN) was REPORTED out of Committee with a "do pass"
recommendation and with two previously published fiscal
notes: DEC (#2) and DPS (#1).
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