Legislature(2023 - 2024)BARNES 124
04/28/2023 03:15 PM House LABOR & COMMERCE
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Audio | Topic |
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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 |
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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 |