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