Legislature(2001 - 2002)

03/21/2001 03:48 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
         SB  24-LEGIS APPROVAL OF SEAFOOD/FOOD SAFETY LAB                                                                   
                                                                                                                              
CHAIRMAN TORGERSON announced SB 24 to be up for consideration.                                                                  
                                                                                                                                
MS.  JANICE  ADAIR,  Director,  Division  of Environmental   Health,                                                            
Department of Environmental  Conservation (DEC), explained this bill                                                            
would  authorize  the  sale  of  certificates  of  participation  to                                                            
construct a new seafood  and food safety laboratory. The lab is in a                                                            
30 year-old  building  and the lease  has expired,  although  DEC is                                                            
exercising  two one-year  extensions.  The building  is also up  for                                                            
sale, but state  law prohibits DEC from entering into  another long-                                                            
term lease because it requires  either a 10 percent reduction in the                                                            
lease rate  and ADA compliance or  a 15 percent rate reduction.  The                                                            
building  is ADA compliant,  so DEC would have  to get a 15  percent                                                            
reduction. DEC currently  pays $1.03 per square ft. and the owner is                                                            
not interested in a further reduction.                                                                                          
                                                                                                                                
MS. ADAIR  explained  that this  laboratory does  all the  paralytic                                                            
shellfish  poisoning  (PSP)  testing  and  shellfish  growing  water                                                            
analysis for  shellfish that's commercially  grown in the  state. It                                                            
analyzes crab  for demolic acid, a  marine toxin that causes  one to                                                            
lose short-term  memory. It  tests smoked seafood  that has  to meet                                                            
certain federal requirements  before it can be sold out of state. It                                                            
evaluates dairy  products processed in Alaska so those  products can                                                            
be sold  to schools,  the  military and  other facilities  that  use                                                            
federal  funds  to  buy  dairy  products.  The  lab  also  certifies                                                            
commercial  laboratories that  do drinking  water analysis  required                                                            
under the federal Safe Drinking Water Act.                                                                                      
                                                                                                                                
With money  that's been previously  appropriated by the legislature                                                             
both  in FY  99 and  FY 01,  MS.  ADAIR said,  DEC  hired a  private                                                            
consultant  to find out the most cost  effective way to replace  the                                                            
facility.  The  end result  of  that work  was  that the  most  cost                                                            
effective  approach would  be a state-owned  facility in a  location                                                            
that is  centrally located  to the different  shellfish and  seafood                                                            
processors  who have to use  the services  of the lab. DEC  realizes                                                            
there is not one good location.  She said DEC looked for state-owned                                                            
land to keep the  price as low as possible and for  land that was in                                                            
close  proximity  to  the Anchorage   International  Airport,  since                                                            
seafood is sent to the lab from all over the state.                                                                             
                                                                                                                                
MS. ADAIR  said DEC  has selected  a site near  Boniface and  Tudor,                                                            
which has already  been leveled. She stated, "One  way or the other,                                                            
we have to  move out of the facility  that we are in and  we want to                                                            
bring  forward to  you the  most cost  effective  approach we  could                                                            
recommend and I believe that is what this bill would do."                                                                       
                                                                                                                                
CHAIRMAN  TORGERSON  asked  members  if  they  had  questions  about                                                            
financing the lab.                                                                                                              
                                                                                                                                
SENATOR  TAYLOR asked  how far the  location is  from the new  state                                                            
crime lab.                                                                                                                      
                                                                                                                                
MS. ADAIR answered it is next door to the new public health lab.                                                                
                                                                                                                                
SENATOR TAYLOR  asked why  the two labs were  not built at  the same                                                            
time when DEC was asked about it.                                                                                               
                                                                                                                                
MS. ADAIR  answered  she wished  the answer  had been  yes when  the                                                            
Department  was  asked. She  personally  was  not involved  in  that                                                            
decision  and  the  person  who  made  it  is  no  longer  with  the                                                            
Department.                                                                                                                     
                                                                                                                                
SENATOR TAYLOR  said he heard it didn't  happen because of  a "turf"                                                            
battle.                                                                                                                         
                                                                                                                                
SENATOR  ELTON  said it  seemed  if you  took  a commitment  of  $20                                                            
million to  AIDEA and said  the state wants  the building ASI  is in                                                            
that has  an exhaust  system that  is unparalleled,  AIDEA might  be                                                            
able to  cut a deal where  [DEC] might not  have to pay them  for 10                                                            
years. It is a state-owned building.                                                                                            
                                                                                                                                
MS. ADAIR responded that  has been mentioned at every other meeting.                                                            
A brief conversation  with Bob Poe  indicated that ASI will  succeed                                                            
and the building will be used for that facility.                                                                                
                                                                                                                                
SENATOR ELTON asked if they had submitted anything to the Board.                                                                
                                                                                                                                
MS. ADAIR answered  no, the Board has a commitment  to the owners of                                                            
that facility  and  to the success  of it.  At this  point there  is                                                            
nothing to indicate  that what they are trying to  do won't pan out.                                                            
DEC  has  a  time commitment   with  this  laboratory  that  doesn't                                                            
correlate with theirs.                                                                                                          
                                                                                                                                
SENATOR ELTON  said he wasn't as confident as some  members of AIDEA                                                            
that this is the best thing they can do with the building.                                                                      
                                                                                                                                
Number 870                                                                                                                      
                                                                                                                                
SENATOR TAYLOR asked if  the public health lab is different than the                                                            
Alaska Science and Technology lab.                                                                                              
                                                                                                                                
MS. ADIAR replied  that she wasn't familiar with the  Alaska Science                                                            
and Technology lab.                                                                                                             
                                                                                                                                
SENATOR TAYLOR  said he was trying  to figure out how many  labs the                                                            
state has.  "We have a crime lab,  an ASI lab and now we're  talking                                                            
about another lab for DEC."                                                                                                     
                                                                                                                                
MS. ADAIR  responded that  ASI is a privately  owned company.  There                                                            
are probably  35 privately  owned commercial  laboratories  that DEC                                                            
certifies  for microbiological  testing of  drinking water  and nine                                                            
that DEC certifies for chemical testing of drinking water.                                                                      
                                                                                                                                
Number 566                                                                                                                      
                                                                                                                                
MS. JULIE  DECKER,  Executive Director,  Southeast  Alaska  Regional                                                            
Dive Fisheries Association,  said they use the lab that is currently                                                            
in  Palmer  for water  testing  and  paralytic  shellfish  poisoning                                                            
testing  for the  geoduck  fishery. They  are currently  working  to                                                            
expand  this industry,  which will  increase their  use of the  lab.                                                            
"While I  understand that  Palmer residents  would not like  to lose                                                            
the  lab,  a more  centrally  located  lab  in  Anchorage  would  be                                                            
beneficial  to the  users.  We have  a 30-hour  time  limit on  body                                                            
samples  taken  from  their  sites.  The  transportation  time  from                                                            
Anchorage to  Palmer sometimes makes  the difference of whether  the                                                            
sample gets to the lab in time or not."                                                                                         
                                                                                                                                
MR. TOM LIVINGSTON,  principal, Livingston  Sloan Inc., said  he was                                                            
available to answer questions  on the feasibility study. [No one had                                                            
questions at this time.]                                                                                                        
                                                                                                                                
MR.  ROGER  PAINTER,   Vice  President,  Alaska  Shellfish   Growers                                                            
Association,  supported SB  24. He agreed with  Ms. Decker  that the                                                            
30-hour window  to deal with water  quality samples is a  very short                                                            
time frame  when shipping from remote  locations in Prince  of Wales                                                            
Island or Prince  William Sound. They  have had a number  of samples                                                            
fail to make it to the lab because of the Palmer leg.                                                                           
                                                                                                                                
MR. PAINTER  said  it has  been difficult  to get  the results  from                                                            
tests on geoducks  from Prince of  Wales Island in time to  ship the                                                            
product all the way to  China. Their shelf life is about three days.                                                            
He has  had many unfortunate  experiences  with product arriving  in                                                            
China dead. They have lost  a lot of money because of the logistics.                                                            
He has  also visited  the lab  in Palmer  a couple  of times.  It is                                                            
extremely antiquated and definitely needs to be improved.                                                                       
                                                                                                                                
MR. PAINTER  said he knows there isn't  a private lab in  the United                                                            
States  that  processes   PSP  samples.  It's  very  expensive   and                                                            
difficult.  It would be impossible  to make money off of  processing                                                            
those samples in a private  lab. He has also looked for alternatives                                                            
in the  state for processing  their water  samples in Juneau,  Sitka                                                            
and Dutch  Harbor. The labs  there can process  fresh water  samples                                                            
for drinking  water, but  they can't process  marine samples.  Those                                                            
have to  be done at  a lab approved  by FDA  and private  facilities                                                            
don't have that certification.                                                                                                  
                                                                                                                                
SENATOR LINCOLN  said she supports  the legislation, but  she always                                                            
has  a problem  when they  "centralize,  centralize,  centralize  to                                                            
Anchorage."  She realizes  from testimony, however, that being close                                                            
to the airport is very important.                                                                                               
                                                                                                                                
CHAIRMAN TORGERSON  said the committee  had lost the quorum  so they                                                            
would hold the bill and adjourned the meeting at 5:25 pm.                                                                       

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