HB 27-REGULATION OF FLAME RETARDANT CHEMICALS  3:44:24 PM CHAIR SPOHNHOLZ announced that the final order of business would be HOUSE BILL NO. 27, "An Act relating to the manufacture, sale, distribution, and labeling of child-related products containing certain flame retardant chemicals; relating to an interstate chemicals clearinghouse; adding unlawful acts to the Alaska Unfair Trade Practices and Consumer Protection Act; and providing for an effective date." 3:44:41 PM REPRESENTATIVE GERAN TARR, Alaska State Legislature, as prime sponsor, introduced HB 27 and provided a PowerPoint presentation, entitled "House Bill 27 Toxic Free Children's Act." She informed the committee that slides 1-3 discuss the regulation of chemicals in the environment in a federal context. She pointed out that the federal laws that exist are dated, adding that the scientific understanding has significantly improved over time. The 2008 Consumer Product Safety Improvement Act, which uses children as the benchmark for safety, is a reflection of that. A more recent reform is the Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which improved the way chemicals are managed at the federal level. Nonetheless, much remains to be done and much remains to be learned, she said. She highlighted a list of worker health concerns due to exposure to chemicals, including cancer, reproductive health disorders, developmental delays or cognitive impairment, birth defects, endocrine disruption, respiratory disorders, and neurodevelopmental disorders (slide 6). She emphasized that everyone has different genetics and different exposure. She said that the challenge in regulating these chemicals is the attempt to create a strict causational relationship between health issues and exposure to a specific chemical. It's difficult because humans aren't tested, genetics are unique, and exposure is different, she said. Ultimately, sometimes chemical exposure has a different effect on one person than it does another. REPRESENTATIVE TARR continued on to slide 7 and highlighted the three types of exposure: absorption, inhalation, and eating. She stated that HB 27 regulates flame retardants, or polybrominated diphenyl ethers (PBDEs), which are used in a variety of commonplace items, including children's products, furniture, electronics, plastics, building materials, motor vehicles, airplanes, and textiles (slide 8). She explained that bioaccumulation is the gradual accumulation of substances, such as pesticides or chemicals, into an organism, and it is the primary reason for concern regarding PBDEs. She noted that bioaccumulation of PBDEs can lead to numerous health impacts; furthermore, it is the leading cause of cancer in firefighters (slide 9). She directed attention to a timeline on slide 10, mapping the use of flame retardants in household products since 1975 when the first TSCA was passed. She pointed out that the need for such products has been reduced and replaced with alternatives over time. She discussed the visuals on slides 11- 12, which highlight how children are at risk for exposure to these chemicals. Slides 13-14 address the endocrine system and endocrine disruption. She explained that certain chemicals, once inside the bloodstream, can mimic hormones and if they bind to the sites intended for hormone binding, they can cause an inappropriate response, such as excessive hormone production or insufficient hormone production, which have adverse biological impacts on human health. She highlighted policy solutions included in this bill on slide 15, such as restricting the use of known chemicals of concern, restricting the use of possible substitutes, conducting Alaska research, and collaborating with other states. To conclude, she informed the committee that HB 27 is comparable to the Anchorage ordinance that prevents the sale, manufacture, and distribution of some products that contain prohibited flame retardant chemicals. She noted the letters of support from furniture stores included in the committee packet. 3:59:46 PM KARLA HART, Staff, Representative Geran Tarr, Alaska State Legislature, on behalf of Representative Tarr, prime sponsor, presented the sectional analysis for HB 27. She stated that Section 1 presents the findings. Subsequently, Section 2 addresses the prohibited chemical compounds. She explained that the "exemptions section" exempts use in second-hand upholstered furniture unless the furniture is being rebuilt. Products, or components of products, for motor vehicles, watercraft, aircraft, and other vehicles, as well as products that are primarily used outside of the home are also exempt. She said that the civil penalty is $500 each day for a violation; however, she added that there's no enforcement mechanism in the bill. She turned attention to the "participation in interstate chemicals clearinghouse [section]," which authorizes the Department of Environmental Conservation to participate. Finally, the definitions section is straightforward, she said. 4:02:51 PM REPRESENTATIVE HANNAN directed attention to Section 18.31.640, the participation in interstate chemicals clearinghouse, and inquired as to the cost for participation and what kind of information it provides. REPRESENTATIVE TARR explained that before the TSCA reform bill was passed, there was a recognition that the states needed better collaboration. She said that by participating in this clearinghouse everyone could benefit through the sharing of information. She noted that some larger states have participated and put a lot of resources into it, adding that the smaller states benefit by having access to it. REPRESENTATIVE HANNAN sought clarification on whether it's a fixed cost. REPRESENTATIVE TARR answered no. She said it was previously based on population size, overall state budget, and other things to incorporate the diversity of participation. REPRESENTATIVE HANNAN pointed out that state agencies typically don't perform research. She asked if it's the states' university systems that participate in the clearinghouse and carry out the research. REPRESENTATIVE TARR said yes; however, some states are engaging in research through their division of public health, for example. 4:06:56 PM CHAIR SPOHNHOLZ questioned whether there is anyone in Alaska - possibly at the University - who is studying flame retardants. REPRESENTATIVE TARR said she doesn't believe so. She noted that it was sad to lose research capacity around endocrine disruptors after Dr. Frank von Hippel left the University of Alaska Anchorage. CHAIR SPOHNHOLZ added that Dr. von Hippel is an internationally recognized expert who is originally from Alaska. She offered her belief that he was recruited to Arizona State University, adding that it's a big loss for the state when an Alaskan takes their expertise elsewhere. She asked why there's no cost associated with allowing the DEC to participate in the interstate chemicals clearinghouse to learn about flame retardant chemicals. 4:08:49 PM REPRESENTATIVE TARR said they want to participate and benefit from that collaboration even if there's no additional funding available at this time. She stated, "it's permissive and there's some flexibility within their budget if they had funding." CHAIR SPOHNHOLZ sought to clarify that there's a membership fee for individual states; however, in order to maintain cost neutrality, [states] have permission to participate without allowing them to become full members. REPRESENTATIVE TARR confirmed that. 4:10:25 PM REPRESENTATIVE STORY questioned whether the bill sponsor has had conversations with furniture manufacturers in Alaska regarding how HB 27 would affect them if passed, as well as any steps they would have to take. REPRESENTATIVE TARR directed attention to the letters of support included in the committee packet. MS. HART noted that the owner of Sadler's Furniture has testified and given support in the past. She said he has worked to figure out who is providing furnishings that meet the requirements. She reported that he is finding it difficult to buy furniture that do not meet Anchorage's regulation because Washington and California have both passed laws that encourage the manufacture of compliant furniture. 4:12:45 PM REPRESENTATIVE HANNAN pointed out that there aren't any furniture manufacturers in Alaska. Nonetheless, furniture stores have explained that they have plenty of compliant wholesale options from California. REPRESENTATIVE TARR confirmed that. 4:14:28 PM SU CHON, Civic Engagement Coordinator, Alaska Community Action on Toxics, offered her belief that access to clean air, clean water, and safe shelter is a basic human right. She said that growing up in Alaska, she felt blessed because of its pristine lands; however, she has come to realize that in reality, the state has many contaminated sites and is at higher risk to exposure from global contaminants due to the way chemicals concentrate in northern areas. She added that it's not just the outdoor environments, many harmful pollutants have found a way into homes and workplaces. Flame retardants are supposedly the new lead because of the way they cause harm to human health. They are widely found in mattresses, carpets, television sets, and even children's' products and toys. She noted that the name "flame retardant" is a misnomer, as the have proven to be ineffective at providing fire safety benefits in homes. The scientists who study these flame retardant chemicals and firefighters who battle house fires can attest to this and have testified in support of HB 27 in previous years. In March 2019, the Anchorage Assembly unanimously passed the "Protecting the Health of Children and Firefighters Ordinance," a landmark ordinance preventing the use of harmful flame retardant chemicals in children's products, furniture, and mattresses. She urged members to pass HB 27, a substantively similar bill, to ensure the protection of the health of all Alaskans. She went on to say that the Alaska State Legislature also has a responsibility to protect firefighters and taxpayer dollars. She said science has shown that certain flame retardant chemicals increase the risk of cancer in firefighters and the cost to health care for firefighters with cancer can cost millions of dollars per person. She reported that HB 27 received broad support from the firefighting community, healthcare providers, scientists, parents, teachers, and children's health advocates. She urged the legislature to pass HB 27 this legislative session. 4:17:53 PM TOM WESCOTT, President, Alaska Professional Firefighters Association, He stated that the Alaska Professional Firefighters Association (APFA) supports this bill and urges its passage. HB 27 would work to ban chemicals proven to be dangerous to firefighters and the community, such as PBDE flame retardants. He reported that the APFA represents 500 firefighters across Alaska, and they support HB 27 and look forward to its passage. CHAIR SPOHNHOLZ asked Mr. Wescott to describe what he knows about the relative effectiveness of flame retardants slowing down actual fires. MR. WESCOTT noted that he is not a chemical expert. He shared what he's learned from firefighting, which is that everything will burn eventually when its heated to a certain point. He said there are other ways to achieve the same result. He added that firefighters get cancer at a higher rate than the general population because of the products of combustion that burn, which they are exposed to through skin absorption. CHAIR SPOHNHOLZ mentioned HB 84 and the dangers of flame retardants, as well as the higher rates of cancer among firefighters and first responders. She asked Mr. Wescott to describe the "better ways" to slow fire. MR. WESCOTT listed wool as an alternative material to flame retardants. He said there are other types of flame retardants that, as long as they're tested to ensure that they lack secondary harm, will work to replace the dangerous ones. 4:22:29 PM REPRESENTATIVE STORY asked what the [APFA] does for prevention and to bring awareness to families about chemicals that are in products. MR. WESCOTT said he isn't the right person to answer that. He said the APFA works with ACAT to bring this important issue forward and bring it to the attention of the legislature to affect change. 4:23:47 PM CHAIR SPOHNHOLZ said HB 27 would be held over.