Legislature(2013 - 2014)BUTROVICH 205

02/19/2014 01:30 PM Senate HEALTH & SOCIAL SERVICES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 161 AUTOPSIES AND DEATH CERTIFICATES TELECONFERENCED
Heard & Held
*+ SB 151 HIGH-RISK CHEMICALS FOR CHILD EXPOSURE TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
         SB 151-HIGH-RISK CHEMICALS FOR CHILD EXPOSURE                                                                      
                                                                                                                                
2:10:03 PM                                                                                                                    
CHAIR STEDMAN  announced that the  final order of  business would                                                               
be SB  151. He  said it was  the first hearing  on the  bill. The                                                               
intent is  to have  the sponsor introduce  the bill,  take public                                                               
testimony, and hold it in committee.                                                                                            
                                                                                                                                
DAVID   SCOTT,  Staff,   Senator   Donny   Olson,  Alaska   State                                                               
Legislature, Juneau,  Alaska, presented SB  151 on behalf  of the                                                               
sponsor.  He  informally  called  SB  151  the  "Children's  Safe                                                               
Product Act." He  explained that the bill would  prohibit and ban                                                               
products containing  certain flame  retardant chemicals  known as                                                               
"chlorinated  tris."  It would  also  require  the Department  of                                                               
Environmental Conservation  (DEC) to participate and  be a member                                                               
of  the Interstate  Chemicals Clearinghouse.  It requires  DEC to                                                               
publish  a list  of chemicals  of high  concern for  children and                                                               
periodically   update  the   list.   Some   states  are   banning                                                               
chlorinated tris and  there is a national effort to  update a law                                                               
passed in  1976 called the  Toxic Substance Control Act.  The new                                                               
law is called the Chemical Safety Improvement Act.                                                                              
                                                                                                                                
MR. SCOTT presented  the sections of the bill.  He explained that                                                               
Section 1, beginning on page 1,  line 8, requires DHSS to publish                                                               
a  list of  chemicals of  high concern.  It requires  that before                                                               
placing the chemical on the  list, the department shall determine                                                               
that  the chemical  is  of  high concern  and  that  it has  been                                                               
identified  by  a  government  entity to  be  based  on  credible                                                               
scientific evidence. The section  also provides ways to determine                                                               
that there  is a high potential  for children to be  exposed to a                                                               
chemical of concern.                                                                                                            
                                                                                                                                
2:14:05 PM                                                                                                                    
MR. SCOTT  continued to  explain that beginning  on page  2, line                                                               
17, the bill provides that the  list of chemicals may be reviewed                                                               
and  revised.   Beginning  on  page  2,   line  20,  prohibitions                                                               
regarding the tris  are listed and beginning on page  2, line 20,                                                               
the  penalties are  set out.  Beginning on  page 3,  line 8,  the                                                               
rules  for participation  in  Interstate Chemicals  Clearinghouse                                                               
are given.                                                                                                                      
                                                                                                                                
MR. SCOTT related that page 3,  line 17, allows the department to                                                               
adopt regulations. The definitions begin on page 3, line 19.                                                                    
                                                                                                                                
He  said  Section  2  of  the bill  provides  that  violating  AS                                                               
18.31.640 would be  an unfair trade act. Section  3 is transition                                                               
language  that states  by January  1, 2016,  the department  will                                                               
publish the  first list of  chemicals. Section 4  is instructions                                                               
for the revisor and Section 5 is the effective date.                                                                            
                                                                                                                                
2:16:01 PM                                                                                                                    
MR.  SCOTT noted  two fiscal  notes, one  from DEC  and one  from                                                               
DHSS. He  referred to a  handout entitled "What's on  Your List?"                                                               
and letters  of support  and opposition  in members'  packets. He                                                               
related  that in  favor  of SB  151 are  the  Alaska Fire  Chiefs                                                               
Association,   Alaska  Nurses   Association,  and   the  American                                                               
Sustainable  Business Council.  Against the  bill are  the Alaska                                                               
Chamber of Commerce, and the  American Chemistry Council, who are                                                               
both in favor of reforming the  1976 Act [by passing the national                                                               
Chemical  Safety  Improvement  Act.]  He  pointed  out  that  the                                                               
sponsor is aware of that but does not believe Congress will act.                                                                
                                                                                                                                
CHAIR STEDMAN  said there  were two fiscal  notes, one  from DHSS                                                               
for  $37,000  in  general  funds   to  develop  an  inventory  of                                                               
chemicals of  high concern  in children's  products and  one from                                                               
DEC  for $370,000  in  general funds  for  two new  environmental                                                               
program specialist positions.                                                                                                   
                                                                                                                                
CHAIR STEDMAN opened public testimony.                                                                                          
                                                                                                                                
2:18:08 PM                                                                                                                    
JESSICA  WALSH, Registered  Nurse, Student,  American College  of                                                               
Nurse  Midwives, Anchorage,  Alaska, testified  in support  of SB
151.  She spoke  of  her job  as  a nurse  caring  for women  and                                                               
educating them  on how  to avoid toxic  chemicals that  are known                                                               
endocrine  disruptors.  She  shared the  devastating  effects  of                                                               
toxic  chemicals  on  children.  She told  of  an  experience  of                                                               
mattress  shopping  and the  inability  to  purchase one  without                                                               
flame retardants.  She maintained that flame  retardant chemicals                                                               
have not  been shown to  have a benefit for  reducing mortalities                                                               
from fire. She  urged the committee to protect  children from the                                                               
effects of harmful chemicals.                                                                                                   
                                                                                                                                
2:21:37 PM                                                                                                                    
PAMELA  MILLER, Executive  Director, Alaska  Community Action  on                                                               
Toxics, Anchorage,  Alaska, testified in  support of SB  151. She                                                               
said  that this  year  at  least 33  states  have  stepped up  to                                                               
address  this  issue.  She  stressed  that  the  federal  law  is                                                               
outdated and Congress has failed to  fix the law. She thanked the                                                               
sponsor  for   introducing  SB  151,   which  gives   Alaska  the                                                               
opportunity  to   better  protect  the  health   of  children  by                                                               
establishing  a list  of chemicals  of high  concern. She  listed                                                               
possible harmful effects of these chemicals.                                                                                    
                                                                                                                                
2:25:03 PM                                                                                                                    
KYLE  GREEN,  Firefighter,  Fairbanks  Firefighters  Association,                                                               
Fairbanks, Alaska, testified  in support of SB 151.  He noted the                                                               
provisions  in the  bill will  protect firefighters,  as well  as                                                               
children. He said studies have  found that smoke transports toxic                                                               
chemicals that are harmful. The  cancer rate for firefighters has                                                               
increased. The  use of flame  retardants has not shown  a decline                                                               
in fire  damage. He provided  alternatives such as  educating the                                                               
public  in  fire  prevention and  implementing  residential  fire                                                               
sprinklers.                                                                                                                     
                                                                                                                                
2:27:48 PM                                                                                                                    
PATRICE LEE,  representing herself, Fairbanks,  Alaska, testified                                                               
in support of  SB 151. She said that Alaska  should do everything                                                               
possible to  protect children from harmful  chemicals. She opined                                                               
that industry  should have to  prove that the materials  they use                                                               
in products  are safe before they  can use them. In  other modern                                                               
countries, such  toxics are not  allowed in  children's products.                                                               
She  concluded  that  healthier  children  equal  less  expensive                                                               
health care and a brighter future.                                                                                              
                                                                                                                                
2:29:27 PM                                                                                                                    
JOEL  CRAFT,  Service  Provider,  Children's  Programs,  Kawerak,                                                               
Inc.,  Nome,  Alaska,   testified  in  support  of   SB  151.  He                                                               
encouraged  Alaska  to  do everything  possible  to  protect  the                                                               
health of  children. In  October 2013,  the Alaska  Federation of                                                               
Natives passed  a resolution  supporting chemicals  policy reform                                                               
at  the state  level. He  said  SB 151  is  a step  in the  right                                                               
direction  toward protecting  the  health of  present and  future                                                               
generations.  He voiced  concern  about the  high  rate of  birth                                                               
defects in  Alaska Native infants,  which are the highest  in the                                                               
nation and  twice the rate  of white  infants born in  Alaska. He                                                               
spoke of  the harmful effects  of the tris chemicals.  He thanked                                                               
the sponsor.                                                                                                                    
                                                                                                                                
2:32:13 PM                                                                                                                    
BRIAN  PARTCH,  Firefighter,   Alaska  Professional  Firefighters                                                               
Association, Anchorage,  Alaska, testified in support  of SB 151.                                                               
He noted  a higher rate  of cancer  in firefighters due  to flame                                                               
retardants. He listed  other methods that are  more effective for                                                               
fighting  fires.  He  noted  that  fire  investigators  are  also                                                               
exposed to chemicals  when investigating the cause  and origin of                                                               
fires.                                                                                                                          
                                                                                                                                
2:34:14 PM                                                                                                                    
JEFF TUCKER, Fire Chief, North  Star Fire Department, North Pole,                                                               
Alaska, testified  in support  of SB  151. He  noted a  letter of                                                               
supported provided  to the committee.  He echoed the  comments of                                                               
previous firefighters in support of SB 151.                                                                                     
                                                                                                                                
2:35:02 PM                                                                                                                    
TIFFANY   IMMINGAN,  representing   herself,  Savoonga,   Alaska,                                                               
testified in  support of SB  151. She noted that  toxic chemicals                                                               
have an impact on her community.  She said in one year there were                                                               
19 deaths  from cancer and  illnesses. She  said there is  PCB in                                                               
traditional foods  on the island.  She thanked Senator  Olson for                                                               
introducing  the  bill that  would  protect  children from  toxic                                                               
chemicals.                                                                                                                      
                                                                                                                                
2:37:12 PM                                                                                                                    
TIM SHESTEK,  Senior Director, State Affairs,  American Chemistry                                                               
Council, Sacramento,  California, testified  in opposition  to SB
151.  He noted  that he  has  submitted written  comments to  the                                                               
committee.  He  highlighted  major  concerns  with  the  bill  as                                                               
drafted. The  bill requires the  drafting of a list  of chemicals                                                               
that may  be used in consumer  products, but it is  silent on how                                                               
that information  might be  used or  communicated to  the public,                                                               
retailers,  or  others.  Assessing   the  safety  of  a  chemical                                                               
compound  requires  looking  both  at the  potential  hazard  and                                                               
exposure. He explained  that the mere presence of  a product does                                                               
not  mean  that  the  product   is  harmful  or  violates  safety                                                               
standards  or law.  The  bill would  list  chemicals without  any                                                               
information about what the information means or doesn't mean.                                                                   
                                                                                                                                
He referred to  the sponsor's opening comments that  alluded to a                                                               
congressional  effort  to  update  the  Federal  Toxic  Substance                                                               
Control Act.  He spoke in  favor of  the passage of  the Chemical                                                               
Safety Improvement  Act currently  pending in Congress,  which is                                                               
supported by over 100 business  groups, organized labor, and both                                                               
U.S. Senators  from Alaska. The  bill would  significantly change                                                               
the way  chemicals are regulated  and provide  U.S. Environmental                                                               
Protection   Agency  with   the  authority   to  conduct   safety                                                               
assessments on  chemicals based solely  on consideration  of risk                                                               
to human health and the environment,  and the ability to focus in                                                               
on sensitive sub-populations, such as children.                                                                                 
                                                                                                                                
He  concluded that  the Chemical  Safety Improvement  Act strikes                                                               
the  right balance  in establishing  a  predictable and  workable                                                               
regulatory environment  for U.S.  manufacturing, as well  as U.S.                                                               
retailers.                                                                                                                      
                                                                                                                                
2:40:06 PM                                                                                                                    
THOMAS OSIMITZ, Ph.D.,  Toxicologist, American Chemistry Council,                                                               
Charlottesville, Virginia, testified in opposition  to SB 151. He                                                               
described his  role as a  toxicologist. He stated that  the issue                                                               
of TCPP,  one of the  three chemicals  mentioned in the  bill, is                                                               
very  confusing. He  maintained that  there are  many differences                                                               
between the  three tris  chemicals. He noted  that TCPP  has been                                                               
extremely well studied  and is used in foam insulation,  not as a                                                               
fire retardant  in clothing  or beds. He  clarified that  TCPP is                                                               
not a carcinogen  and does not have the properties  listed in the                                                               
bill  as  a chemical  of  high  concern.  He requested  that  any                                                               
reference to TCPP as a flame retardant be removed from the bill.                                                                
                                                                                                                                
2:43:12 PM                                                                                                                    
SUSAN  WALSH,   Nurse,  Alaska  Nurses   Association,  Ketchikan,                                                               
Alaska, testified in  favor of SB 151. She said  she has provided                                                               
written  testimony to  the committee.  She  agreed with  previous                                                               
testifiers in support  of SB 151. She shared  her experience with                                                               
congressional efforts to update  the 1976 Federal Toxic Substance                                                               
Control Act. She  noted the cost of SB 151  is $400,000; however,                                                               
she asked  the committee  what the cost  of not  implementing the                                                               
bill  would be.  There is  a  significant rise  in autism,  birth                                                               
defects,  and  learning  disabilities with  the  introduction  of                                                               
toxic chemicals. She said understood  the Chamber's opposition to                                                               
the bill because of the potential for loss of business.                                                                         
                                                                                                                                
She said  the Alaska  Nurses Association  passed a  resolution in                                                               
October  calling  for municipal  chemical  policy  reform at  the                                                               
state level that reduces the  use of toxic chemicals and requires                                                               
that less harmful chemicals be  substituted whenever possible. It                                                               
would  ensure  adequate  information  on the  health  effects  of                                                               
chemicals is  available to  the public  before the  chemicals are                                                               
introduced  on  the  market.  She  concluded that  SB  151  is  a                                                               
critical bill  for the protection of  children, firefighters, and                                                               
other vulnerable populations.                                                                                                   
                                                                                                                                
2:46:05 PM                                                                                                                    
BETHANY BUCHANAN,  M.D., Family Nurse Practitioner,  Alaska Nurse                                                               
Practitioner   Association,  Anchorage,   Alaska,  testified   in                                                               
support of SB  151. She described the operation  of the endocrine                                                               
system and  how chemicals disrupt  it. She  described afflictions                                                               
as a result  of chemical exposure. She stressed  that life relies                                                               
on  biochemical  transmission  and exposure  to  chemicals  cause                                                               
life-long chronic problems.                                                                                                     
                                                                                                                                
2:48:15 PM                                                                                                                    
SENATOR  MICCICHE asked  if there  is  a list  of chemicals  that                                                               
affect the endocrine system.                                                                                                    
                                                                                                                                
MS.  BUCHANAN listed  ingredients in  plastic, dioxins,  DDT, and                                                               
lead.                                                                                                                           
                                                                                                                                
SENATOR MICCICHE requested written testimony.                                                                                   
                                                                                                                                
MS. BUCHAAN offered to do so.                                                                                                   
                                                                                                                                
2:49:34 PM                                                                                                                    
CHAIR STEDMAN closed public testimony.                                                                                          
                                                                                                                                
CHAIR STEDMAN held SB 151 in committee.                                                                                         
                                                                                                                                

Document Name Date/Time Subjects
SB 161 Bill.pdf SHSS 2/19/2014 1:30:00 PM
SB 161
SB 161 DHSS fiscal note.pdf SHSS 2/19/2014 1:30:00 PM
SB 161
SB 161 Sponsor Statement.pdf SHSS 2/19/2014 1:30:00 PM
SB 161
SB 161 Sectional Summary.pdf SHSS 2/19/2014 1:30:00 PM
SB 161
SB 161 Release Authorization 020314.doc SHSS 2/19/2014 1:30:00 PM
SB 161
SB 161 Authorization for Release of Remains Form.pdf SHSS 2/19/2014 1:30:00 PM
SB 161
SB 161 State of Alaska Form for State Medical Examiner Office.pdf SHSS 2/19/2014 1:30:00 PM
SB 161
SB 161 Traditional Southwestern AK Burial Prep and Impact of Medical Examiner's Procedures.pdf SHSS 2/19/2014 1:30:00 PM
SB 161
SB 151 Bill.pdf SHSS 2/19/2014 1:30:00 PM
SB 151
SB 151 DEC fiscal note.pdf SHSS 2/19/2014 1:30:00 PM
SB 151
SB 151 DHSS fiscal note.pdf SHSS 2/19/2014 1:30:00 PM
SB 151
SB 151 Olson Introduces Toxic Free Children Act.pdf SHSS 2/19/2014 1:30:00 PM
SB 151
SB 151 Final -fact-sheet-SB 151 Toxic-Free-Childrens-Act-final.pdf SHSS 2/19/2014 1:30:00 PM
SB 151
SB 151 Chemicals in the Crib.pdf SHSS 2/19/2014 1:30:00 PM
SB 151
SB 151 Children's Furniture Contains Harmful Flame Retardent Chemicals.pdf SHSS 2/19/2014 1:30:00 PM
SB 151
SB 151 Flame Retardants Basics 2014.pdf SHSS 2/19/2014 1:30:00 PM
SB 151
SB 151 WhatsOnYourList_Report_FINAL.pdf SHSS 2/19/2014 1:30:00 PM
SB 151
SB 151 ASBC letter in support.docx SHSS 2/19/2014 1:30:00 PM
SB 151
SB 151 Alaska Fire Chiefs Association Letter of Support.pdf SHSS 2/19/2014 1:30:00 PM
SB 151
SB 151 Federal Statutes Regulating Chemicals.pdf SHSS 2/19/2014 1:30:00 PM
SB 151
AK SB 151 ACC oppose letter Feb 2014.pdf SHSS 2/19/2014 1:30:00 PM
SB 151
SB 151 AK Chamber Ltr 2014-18-02.pdf SHSS 2/19/2014 1:30:00 PM
SB 151
SB 151 AaNA Nurses 2 19 14 support letter.pdf SHSS 2/19/2014 1:30:00 PM
SB 151
SB 151 Testimony Walsh.pdf SHSS 2/19/2014 1:30:00 PM
SB 151
SB 151 Testimony Miller.pdf SHSS 2/19/2014 1:30:00 PM
SB 151
SB 151 Testimony of Tiffany Immingan.docx SHSS 2/19/2014 1:30:00 PM
SB 151
Buchanan testimony SB 151.doc SHSS 2/19/2014 1:30:00 PM
SB 151