Legislature(2001 - 2002)

04/29/2002 04:00 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
           CSHB 382(FIN)-CLEANUP OF ILLEGAL DRUG SITES                                                                      
                                                                                                                                
REPRESENTATIVE GRETCHEN GUESS, sponsor  of HB 382, said the intent                                                              
of this bill  is to insure that  illegal drug labs are  cleaned up                                                              
before they are reoccupied. The State  of Alaska has no guidelines                                                              
to insure that illegal drug labs,  such as meth-amphetamine (meth)                                                              
labs,  are cleaned  up  so two  things tend  to  happen. Either  a                                                              
residential owner wants to clean  up the lab and doesn't know what                                                              
to do. In Juneau, when the owner  of a house with a lab discovered                                                              
it, he  gutted the  house and  burned the  hazardous material.  He                                                              
ended  up getting  fined. However,  in most  cases, a  residential                                                              
owner  will  vacuum the  carpet  and  re-rent  the house  but  the                                                              
mercury,  lead and  other chemicals  are  still in  the house  and                                                              
cause health risks  to the new tenants. This bill  sets up testing                                                              
and decontamination  criteria and guidelines for  people to follow                                                              
to insure that a unit is fit for occupancy.                                                                                     
                                                                                                                                
CSHB  382(FIN)  insures   that  the  occupant,  as   well  as  the                                                              
residential owner, is  notified and that the owner  signs a return                                                              
receipt.   She   wanted  to   insure   that  the   Department   of                                                              
Environmental Conservation  (DEC) had  to provide the  material to                                                              
the law enforcement agency.                                                                                                     
                                                                                                                                
She explained that the term "rent"  is an interesting verb because                                                              
it could be used  for the person who rents to  someone else or the                                                              
person or to  the person who pays  to rent that property.  Page 4,                                                              
line 13  says a  person is in  violation and guilty  of a  class A                                                              
misdemeanor if  that person knowingly transfers,  sells, leases or                                                              
rents  a  property  to  another person.  They  also  added  in  an                                                              
affirmative  defense, which  was suggested  by the legal  drafter,                                                              
which requires  notification to  a property  manager, if  there is                                                              
one involved in the situation.                                                                                                  
                                                                                                                                
REPRESENTATIVE  GUESS said  that  this bill  is  supported by  the                                                              
municipalities,  troopers and police  forces who often  bust these                                                              
labs and then  watch them be reoccupied knowing  they haven't been                                                              
cleaned up.                                                                                                                     
                                                                                                                                
CHAIRMAN TORGERSON  asked if  they can usually  find the  owner of                                                              
the  property  and  whether this  generally  happens  with  rental                                                              
properties.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GUESS  replied  that  currently,  law  enforcement                                                              
notifies  the property  owner  of  the bust  on  the property  and                                                              
that's where the process stops. The  property owner has nowhere to                                                              
go for clean-up information after he or she has been notified.                                                                  
                                                                                                                                
CHAIRMAN TORGERSON asked  what the next step is if  they don't get                                                              
a return receipt from the person being notified.                                                                                
                                                                                                                                
REPRESENTATIVE  GUESS said that  is a very  good question  and she                                                              
didn't know.                                                                                                                    
                                                                                                                                
CHAIRMAN TORGERSON said they could  just be setting themselves up.                                                              
                                                                                                                                
REPRESENTATIVE  GUESS said they  would have  to have something  in                                                              
place if  the certified mail or  the return receipt does  not come                                                              
back. She  said law enforcement  in Alaska  has not had  a problem                                                              
finding the property owner and getting the receipt back.                                                                        
                                                                                                                                
CHAIRMAN TORGERSON said  he didn't know if they  should leave that                                                              
in there.                                                                                                                       
                                                                                                                                
SENATOR TAYLOR asked about the incident in Juneau.                                                                              
                                                                                                                                
REPRESENTATIVE GUESS explained that  an out-of-state landlord came                                                              
to Juneau  after being notified of  a bust at his  Juneau property                                                              
and tried  to find some guidelines  and help. He ended  up gutting                                                              
the  house and  taking  the  contents to  the  dump  but the  dump                                                              
wouldn't take  it because it  was hazardous material.  Not knowing                                                              
what to do,  he burned it outside  of his home and was  fined. DEC                                                              
had no guidelines; no one had guidelines.                                                                                       
                                                                                                                                
SENATOR TAYLOR asked who fined him.                                                                                             
                                                                                                                                
REPRESENTATIVE GUESS said she believed  it was either the state or                                                              
the city. She wasn't sure.                                                                                                      
                                                                                                                                
SENATOR STEVENS asked who declared it hazardous waste.                                                                          
                                                                                                                                
REPRESENTATIVE  GUESS replied  that law  enforcement officers  are                                                              
trained  to do  that,  but  in this  case  she thought  the  owner                                                              
disclosed it when he went to the dump.                                                                                          
                                                                                                                                
SENATOR TAYLOR  moved to adopt  the proposed committee  substitute                                                              
to HB 382. There were no objections and it was so ordered.                                                                      
                                                                                                                                
LIEUTENANT  JULIA   GRIMES  said  she  was  available   to  answer                                                              
questions.                                                                                                                      
                                                                                                                                
SENATOR STEVENS asked how often this occurs in a given year.                                                                    
                                                                                                                                
LIEUTENANT  GRIMES  replied  that  in  2000,  50  meth  labs  were                                                              
eradicated.  Right  now  police  officers  are  following  federal                                                              
guidelines for notification of the  property owner and placarding.                                                              
To her knowledge,  the police haven't failed to  find the property                                                              
owners in these cases.                                                                                                          
                                                                                                                                
SENATOR  STEVENS asked  if any  statistical data  is available  to                                                              
determine  how   many  repeat  incidents  happened   at  the  same                                                              
location.                                                                                                                       
                                                                                                                                
LIEUTENANT GRIMES said  she didn't have that data,  but she didn't                                                              
think that happens very often.                                                                                                  
                                                                                                                                
CHAIRMAN TORGERSON asked  if she thought the certified  mail was a                                                              
good thing, a bad thing or over burdensome.                                                                                     
                                                                                                                                
LIEUTENANT  GRIMES   responded  that  she  didn't   think  it  was                                                              
burdensome, since  it's what they  have been doing to  comply with                                                              
federal  law. They  are assisted  a  lot by  the Drug  Enforcement                                                              
Agency (DEA).                                                                                                                   
                                                                                                                                
SENATOR  TAYLOR said  his only  concern is  what enforcement  tool                                                              
will be used  by the department when the owner  fails, within four                                                              
days,  to remove  the occupants,  secure  the property  or do  any                                                              
testing.                                                                                                                        
                                                                                                                                
REPRESENTATIVE GUESS responded that  as long as they do not try to                                                              
re-rent a  unit or  try to  sell it without  disclosure,  there is                                                              
none. If the owner  chooses not to clean it up,  that's okay; they                                                              
just  can't   reoccupy   it.  The  guidelines   solely  apply   to                                                              
reoccupying the property.                                                                                                       
                                                                                                                                
SENATOR TAYLOR asked what would happen  if an owner reoccupies it.                                                              
                                                                                                                                
REPRESENTATIVE GUESS  replied that would be a  class A misdemeanor                                                              
(page 4, line 13).                                                                                                              
                                                                                                                                
SENATOR TAYLOR said  he thought if they were going  to hold people                                                              
to that  kind of standard,  they should  have something  more than                                                              
registered  mail to  get hold  of them.  Four days  may not  be an                                                              
adequate  period of  time for  notification. He  asked where  that                                                              
number came from.                                                                                                               
                                                                                                                                
REPRESENTATIVE GUESS replied that  some states use immediate, some                                                              
use 24 hours,  some use 48 hours. She added,  "Given distances and                                                              
absentee landlords, we doubled it…And  it is 'knowingly' under the                                                              
class  A misdemeanor."  She noted  the  Municipality of  Anchorage                                                              
allows 48 hours to secure a condemned property.                                                                                 
                                                                                                                                
CHAIRMAN  TORGERSON said  that 'knowingly'  in this  case is  upon                                                              
return of the  receipt after being notified by mail  or some other                                                              
method.                                                                                                                         
                                                                                                                                
SENATOR TAYLOR  asked Lieutenant  Grimes what chemicals  are found                                                              
in a standard run-of-the-mill meth lab.                                                                                         
                                                                                                                                
LIEUTENANT  GRIMES   replied  that   the  typical  chemicals   are                                                              
extremely caustic  and corrosive,  such as toluene,  camping fuel,                                                              
paint thinner,  acetone, spray cleaner, butane fuel,  gum scrubber                                                              
detergent products  and muriatic  acid. Sulfuric acid  is obtained                                                              
from  drain cleaner.  Lithium batteries  are required  as well  as                                                              
sodium hydroxide,  found  in lye. The  chemical reactions  between                                                              
those chemicals cause  the real toxic residue,  which gets spilled                                                              
a lot.  Fumes are absorbed  into carpeting, furniture,  upholstery                                                              
and walls and remain until they are  properly cleaned up. They are                                                              
a  real  hazard  to  anybody  who  goes  in  without  the  correct                                                              
equipment.  Law  enforcement  officers  go into  these  labs  with                                                              
appropriate breathing apparatus and clothing.                                                                                   
                                                                                                                                
SENATOR TAYLOR asked if anyone knew the cost of cleanup.                                                                        
                                                                                                                                
MS.  MARY SIROKY,  legislative  liaison  for DEC,  explained  that                                                              
cleanups  can include  removing carpeting,  furniture, and  taking                                                              
down dry wall. Other  states have looked at painting  as a form of                                                              
encapsulation.                                                                                                                  
                                                                                                                                
SENATOR  TAYLOR said  they are  talking about  a very  significant                                                              
expense.                                                                                                                        
                                                                                                                                
REPRESENTATIVE GUESS said that depends  on the level of chemicals.                                                              
DEC would set guidelines on decontamination.                                                                                    
                                                                                                                                
SENATOR  TAYLOR  said  that  there is  frequently  more  than  one                                                              
victim, not  only those  who use the  drugs that are  produced and                                                              
that entire industry, but also the  owners of property, the people                                                              
who come  up with a  plan, inspectors,  etc. He commented,  "I can                                                              
see this having  a devastating affect on someone,  especially in a                                                              
multi-unit place."                                                                                                              
                                                                                                                                
MS. SIROKY responded that the law  enforcement agency, which is in                                                              
charge of the cleanup, would make  the determination of whether or                                                              
not  the  vapors and  chemicals  are  restricted  to one  area  or                                                              
multiple areas.  Their research  shows that most  of the  time the                                                              
damage stays in  one unit. DEC will keep a list  of people who are                                                              
qualified  to   test,  but  are   not  certified,   and  establish                                                              
guidelines on what  has to be done, but an owner  can choose to do                                                              
it himself or hire someone who is certified to do it.                                                                           
                                                                                                                                
SENATOR TAYLOR asked where those people would be located.                                                                       
                                                                                                                                
MS. SIROKY  said they have a list  of about five or six  labs that                                                              
are  capable  of doing  most  of  the testing.  According  to  DEC                                                              
research, no lab in the state is  currently capable of testing for                                                              
one of the substances,  other than the state lab.  DEC anticipates                                                              
the state  lab will  fill that  need until  it's available  in the                                                              
private sector.                                                                                                                 
                                                                                                                                
SENATOR  TAYLOR asked  how the  state  lab in  Anchorage does  the                                                              
testing on a meth lab in Tok.                                                                                                   
                                                                                                                                
MS. SIROKY  replied that the samples  are shipped to the  lab. DEC                                                              
envisions  the  responsibility  will  be  upon the  owner  of  the                                                              
facility  to hire  a contractor  or get  the expertise  to do  the                                                              
sampling  and ship  it  to the  lab.  DEC will  not  be out  there                                                              
sampling; it will just verify the lab samples.                                                                                  
                                                                                                                                
SENATOR TAYLOR  said he was trying  to figure out what  happens to                                                              
somebody in a more rural community.  He is concerned about a class                                                              
A misdemeanor  against mom  and pop living  in Glennallen  and how                                                              
they would go through the process  of making sure it was inspected                                                              
- finding the  guy that is the  inspector, getting the  stuff to a                                                              
lab, getting it cleaned up and having  somebody verify it, etc. He                                                              
thought it would work fine in Anchorage,  but he didn't know about                                                              
rural areas.                                                                                                                    
                                                                                                                                
CHAIRMAN TORGERSON  asked Representative  Guess what  would happen                                                              
if the bill didn't pass.                                                                                                        
                                                                                                                                
REPRESENTATIVE  GUESS  replied  that   right  now  the  police  or                                                              
troopers will bust  a meth lab, they post that it  was a meth lab,                                                              
they send  notice to  the residential  owner and  that's where  it                                                              
stops. They  will not know  if the building  was ever  cleaned and                                                              
most likely it will not be cleaned in an appropriate way.                                                                       
                                                                                                                                
Regarding Senator  Taylor's concern,  she said  the intent  of the                                                              
bill is  that DEC would  provide guidelines and  a list of  who to                                                              
talk to about testing. DEC would  also answer questions. The state                                                              
is not going  to go in and  spend state resources cleaning  up mom                                                              
and pop's rental.                                                                                                               
                                                                                                                                
4:40 p.m.                                                                                                                       
                                                                                                                                
SENATOR  TAYLOR  suggested  that she  use  Civil  Rule 4  for  the                                                              
notification  process,  so that  if  registered  mail is  used  to                                                              
notify  a  person, a  refusal  must  be  received. He  noted  that                                                              
currently, before a building can  be let for public use, the owner                                                              
must get an occupancy permit. He  suggested "bootstrapping" off of                                                              
that  because   those  permits  are  available   in  almost  every                                                              
community. A local building inspector  could come out and see that                                                              
the cleanup was adequate.                                                                                                       
                                                                                                                                
LIEUTENANT GRIMES  clarified when law enforcement finds  a lab and                                                              
does an  eradication, DEA has a  contract with a  civilian company                                                              
that  will go wherever  the  lab is located.  So  far, it has  not                                                              
mattered  if the  lab was  in a  remote  location or  in an  urban                                                              
location.  The  company  will  haul   away  any  gross  amount  of                                                              
hazardous   chemicals  and   materials  identified   by  the   law                                                              
enforcement officers on the scene.                                                                                              
                                                                                                                                
SENATOR STEVENS asked if after the  DEA removes the offending lab,                                                              
the building is condemned and DEC  comes in and determines whether                                                              
there are any remnants of the production.                                                                                       
                                                                                                                                
LIEUTENANT  GRIMES replied  that right now  law enforcement  takes                                                              
samples and  other evidence  required to make  a case  and arrests                                                              
and that's all.                                                                                                                 
                                                                                                                                
TAPE 02-23, SIDE B                                                                                                            
                                                                                                                              
Lieutenant Grimes explained:                                                                                                    
                                                                                                                                
     ... call this  company contracted to DEA,  and they tell                                                                   
     this  company   what  they   have  identified   as  bulk                                                                   
     chemicals or  contaminated equipment that is  HAZMAT and                                                                   
     has  to be handled,  you know,  specifically as  HAZMAT.                                                                   
     And  that   material  is  dealt  with,  you   know,  the                                                                   
     glassware and other equipment you use to make the meth-                                                                    
     amphetamine isn't  always seized because  it's hazardous                                                                   
     material.  So  it's destroyed  but  it's picked  up  and                                                                   
     dealt with  properly by this company. But  the carpeting                                                                   
     inside the  house, for instance, or whatever  else might                                                                   
     be contaminated  - that part  of the residence,  that is                                                                   
     what  remains  that  needs  to  be  dealt  with  by  the                                                                   
     landlord.                                                                                                                  
                                                                                                                                
SENATOR ELTON  said he didn't  see any irreconcilable  differences                                                              
and  he thought  the issue  was about  the  protocols on  handling                                                              
these incidents. He thought Senator  Taylor's points were good and                                                              
that  they could  be worked  out  with the  sponsor before  Senate                                                              
Finance  hears the bill.  He said  he was  comfortable moving  the                                                              
bill out of committee.                                                                                                          
                                                                                                                                
CHAIRMAN  TORGERSON  suggested having  the  bill  referred to  the                                                              
Senate Judiciary Committee.                                                                                                     
                                                                                                                                
SENATOR HALFORD said  he is interested in the  new legal standard,                                                              
because there are some other places  he would like to apply it. He                                                              
thought  the legal  standard in  the definition  of "illegal  drug                                                              
manufacturing  site" is a  good one because  it means  property in                                                              
which there is a reasonably clear possibility.                                                                                  
                                                                                                                                
CHAIRMAN  TORGERSON  said  he  didn't  mind holding  the  bill  in                                                              
committee if Senator Taylor would help out with it.                                                                             
                                                                                                                                
SENATOR TAYLOR agreed to do so.                                                                                                 
                                                                                                                                
CHAIRMAN TORGERSON announced he would  hold the bill in committee.                                                              

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