HB 27-REGULATION OF FLAME RETARDANT CHEMICALS  2:03:18 PM CO-CHAIR TARR announced that the next 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." 2:03:38 PM CO-CHAIR TARR continued with the public testimony on HB 27 [that was opened on 4/3/19]. 2:03:40 PM JEFF TUCKER, Past President, Alaska Fire Chiefs Association, testified in support of HB 27. He stated the association fully supports the bill in its current form and has supported other forms in the past. He related that on a national basis firefighters are experiencing a great increase in cancers caused by the materials currently being fought in fires. Banning these types of materials, he continued, would be a great step towards helping to protect firefighters and the folks that firefighters serve. He urged that the bill be passed. 2:05:55 PM PAMELA MILLER, Executive Director, Alaska Community Action on Toxics, testified in support of HB 27. She related that on March 19 [2019] the Anchorage Assembly unanimously passed a substantially similar law called the Protecting the Health of Children and Firefighters Ordinance. Passing HB 27 would protect the health of people throughout the state, she added. MS. MILLER said flame retardants are hazardous and can cause lifelong harm. Babies and toddlers have higher exposures than adults, she noted, and these chemicals have disproportionately negative health effects on children. The scientific evidence is very clear, she continued. Flame retardant chemicals are associated with serious adverse health effects, including cancers, neurodevelopmental, and reproductive harm. MS. MILLER stated that flame retardants do not provide proven fire safety benefits and fire safety standards can be met without them. Flame retardant chemicals make products more toxic while in use, she said, and more toxic if they catch fire. Flame retardants increase the risk of cancer and other diseases in firefighters because they make fires more toxic. She noted that firefighters are exposed to flame retardants at levels two to three times higher than the general population and they experience increased risk of a number of cancers. For example, she continued, the breast cancer rate among women firefighters is six times the national average, as demonstrated in the study of San Francisco firefighters. The Consumer Product Safety Commission, she reported, determined that organohalogen flame retardants are associated with adverse health effects, such as reproductive impairment, neurodevelopmental harm, endocrine disruption, cancer, and immune disorders. MS. MILLER said states are taking the lead on these issues because necessary change isn't happening at the federal level. She related that there are 40 adopted policies on flame retardants in 13 states and 28 policies are being considered now in 17 states. MS. MILLER pointed out that health care for firefighters with cancer can cost more than $1 million per person, not to mention the pain and suffering of their families and community. Death for firefighters and first responders has a huge social cost, she added, plus there are the death benefits that can and should be provided to survivors. Inaction will cost the taxpayers in the long run, she continued. Alaska has the opportunity to lead and build on the foundation of law now passed in Anchorage as well as other states, she said in conclusion. 2:10:02 PM VI WAGHIYI testified in support of HB 27. She stated she is a tribal citizen of the Native village of Savoonga and is speaking today as a mother and grandmother on behalf of her children, grandchildren, and future generations. She related that there is strong support for the bill in her community and other communities in the region, and letters of support have been submitted. She said Kawerak, Inc. submitted a letter of support and is the regional Native nonprofit representing and serving 20 communities in her region. MS. WAGHIYI continued as follows: Community-based research has shown high levels of these flame retardant chemicals in our homes, traditional foods, and in the blood of our people. We are disproportionately exposed and have some of the highest levels of these and other persistent chemicals of any population on the planet because of our place in the Arctic. We are suffering health disparities such as cancers, thyroid disease, and developmental health harms. Our children are vulnerable to exposure and toxic health effects of these chemicals. This requires urgent action to enact protective measures such as HB 27. The federal government is not taking responsibility, so it is up to you to ensure legislation is enacted to phase out harmful and unnecessary flame retardant chemicals from our children's products and furniture. I want to protect the ability of our children to learn our songs, traditions, and stories. Please pass HB 27. 2:12:32 PM KATHERINE DUPLESSES testified in support of HB 27. She said she grew up in a proposed Superfund site in Green Bay, WI, and she has lived all over the world from California to South Africa and now Anchorage is her home. By training, she continued, she is an ecologist and conservation biologist and most importantly in the topic she is the mother of a two-year-old daughter. She stated she has an acute understanding of children and toxins and she would like to see HB 27 pass. Given the evidence is overwhelming, she said she was shocked that this issue is still being talked about. These are known carcinogens, she stressed, and HB 27 should be passed. 2:14:24 PM KELLY MCLAUGHLIN provided written testimony in support of HB 27, which was read to the committee by Ms. Duplesses: Children and firefighters may seem an odd pairing, but firefighters and children share one frustrating quality: they're often overlooked. Children cannot advocate well for themselves, they rely on adults in their lives to do it for them. Firefighters are the most under-acknowledged public servants, evidenced by the fact that we rely heavily on volunteers to serve us in the life-threatening situation we hope never to face. I'm calling today to advocate for both. Children are just one of the victims of the damaging effects of flame retardants. Their tiny bodies uptake and therefore accumulate the damaging chemicals faster than adults. But damage is often not seen directly or until later in life and can be devastatingly life altering. I am extremely sensitive to this topic due to a recent discovery that my drinking water well is contaminated by a similar group of chemicals that are used in firefighting foam and are very toxic. My children have been exposed despite my diligence in choosing a car, car seats, clothing, cookware, and toys without flame retardants. Many, even most, people are not aware of the toxic nature of many common products and the burden of safety should never have to fall on consumers. All products on the market should be of toxic-free chemicals. These chemicals are pervasive and action must be taken to regulate them. It is unconscionable that in the false name of public safety my family suffers. Further cementing my allegiance to this cause came st Monday night, April 1, ironically. There was a house fire two streets down from me. Our local volunteer firefighters left their houses at about 10:30 p.m. and fought a battle that few of us thankfully ever see. They worked on adrenalin through the night, taking breaks in shifts to stave off exhaustion. Most of them got home at about 4:30 a.m. Some of them got an hour or two of sleep. Then they got up and got their kids to school, they went to work, then when they were done with a full day's work they didn't go home, they went back to the fire hall and to the scene to debrief. These people do more work with less gratitude than even mothers, I think. We owe them the removal of toxic chemicals from the long list of dangers they face while they volunteer their time to keep us safe. Fire retardants don't increase safety for firefighters or for those potentially caught inside. They off-gas toxic chemicals in our homes, cars, daycare centers, and work places. They release toxic gases as they burn. There is no upside. I am in strong support of this bill, HB 27, the Toxic-Free Firefighters and Children Act. CO-CHAIR TARR noted the groundwater of Gustavus is contaminated with [perfluoroalkyl substances (PFAS)]. 2:18:36 PM PAUL MIRANDA, Southcentral Vice President, Alaska Professional Fire Fighters Association, testified in support of HB 27. He noted the association represents 500 professional firefighters across the state and that he is an 8-year firefighter paramedic with the Anchorage Fire Department. He thanked Co-Chair Tarr for introducing the bill and the committee for hearing the bill, which his association fully supports. MR. MIRANDA pointed out that cancer is a big concern for firefighters, with data showing that firefighters experience cancer at much higher rates than the public. Study after study, he related, has concluded that organohalogen flame retardant chemicals are a leading cause of cancer in firefighters. Used throughout today's households in furniture and other materials, organohalogen flame retardants release toxic cancer-causing chemicals when they burn, such as dioxins and furans. Firefighters, he said, are then exposed to large amounts of these carcinogens through absorption and inhalation during fire fighting operations. Recent studies, he added, have shown that firefighters have three times the level of these harmful chemicals in their systems after a fire. MR. MIRANDA stated that eliminating organohalogen flame retardants would be a step in the right direction and would go a long way in providing a less toxic atmosphere for firefighters and reducing their exposure to these toxins. He expressed the association's support for passage of HB 27. 2:20:44 PM CO-CHAIR TARR asked whether Mr. Miranda was involved in, or advocated for, the Anchorage ordinance. MR. MIRANDA replied he wasn't involved in its development, but he advocated for it on behalf of the Alaska Professional Fire Fighters Association. CO-CHAIR TARR inquired whether people breathed a sigh of relief when the Anchorage ordinance was passed. She further inquired whether the association has ideas about what the impact would be if HB 27 were passed. MR. MIRANDA responded that firefighters have a much higher rate of cancer than the general public. So, he said, anything that can be done to help reduce that is the step in the right direction and firefighters would be appreciative of that. 2:22:00 PM REPRESENTATIVE HANNAN inquired whether Mr. Miranda has looked at HB 27 and thought about it in parallel with the Anchorage ordinance. She further inquired whether there are any major differences between them in the ban and how it is applied. MR. MIRANDA answered he would have to look closer as far as any specific differences in the Anchorage ordinance, but his understanding is that it is quite similar. REPRESENTATIVE HANNAN noted that HB 27 focuses on children's products or products affiliated with households that have children in them. She asked whether the Anchorage ordinance is also that narrow or covers a broader swath of consumer products. MR. MIRANDA offered his belief that the Anchorage ordinance may be a broader swath of consumer products, including furniture and other things. He said he would look at that and get back to the committee with an answer. 2:23:36 PM REPRESENTATIVE RASMUSSEN stated her understanding that HB 27 does cover furniture. CO-CHAIR TARR confirmed HB 27 includes upholstered furniture. REPRESENTATIVE HANNAN inquired about electronics. CO-CHAIR TARR replied that the difference is HB 27 includes electronics while the Anchorage ordinance does not. She said she would follow up further with committee members in this regard. 2:24:21 PM JENNIFER GIBBONS, Vice President, State Government Affairs, External Affairs, The Toy Association, Inc., testified in opposition to HB 27. She explained that The Toy Association is the trade association for manufacturers, importers, and retailers of toys and youth entertainment products sold in North America and represents more than 950 companies. She said The Toy Association shares the committee's interest in assuring that children's products are safe; safety is the number one priority for the industry. MS. GIBBONS stated she opposes HB 27 because it would apply to any component of a product, even to its electronic component. Toy manufacturers typically do not add flame retardant to toys, she said, but some of these substances may be present in certain components of toys, such as electronic circuit boards and assemblies, which are inaccessible to children but critical to the electrical safety of the products in which they are used. Electronic devices, she explained, are in constant contact with an electrical current and this risk is currently being addressed in electronic devices by using flame retardant chemicals. A consistent and reliable alternative for flame retardants in this application has yet to be found, she said, and without a viable alternative parts could present an increased flammability risk in the event of certain electrical faults. She pointed out that to date no other state or local jurisdiction, including Anchorage, has passed flame retardant laws that would be under use in inaccessible or electronic components in children's products. MS. GIBBONS said another major concern with HB 27 is that it requires the labeling of products to state that the product does or does not contain flame retardant chemicals. So, she noted, even those products that have never had, or never will have, flame retardants present would still be required to have a label. The bill would require manufacturers to create, and retailers to carry, a product that is designed to only be sold in Alaska. She advised that a massive and costly undertaking in creating new labeling for the state of Alaska may not be possible for some businesses and could result in products no longer being offered for sale in the state. Ms. Gibbons urged that the committee not move forward with HB 27. 2:26:55 PM CO-CHAIR TARR, regarding inaccessible electronics, noted that while something isn't supposed to be accessible to a child, kids often take things apart. She said she has gone back and forth about how to address this piece of the bill due to the concern that kids are likely to tinker with [a toy], along with their hand-to-mouth behavior. She requested Ms. Gibbons to define inaccessible. She inquired, for example, whether the electronic unit inside a teddy bear that plays a song would be considered inaccessible to a child. MS. GIBBONS replied the association would consider something to be inaccessible during reasonable and foreseeable use and abuse of a product and there are several standards that [the industry] has to test for in order to not have a part be inaccessible and create a small-part hazard for a child. If it meets those tests, she continued, [the association] would consider it inaccessible. CO-CHAIR TARR requested Ms. Gibbons to provide a copy of the aforementioned standard. MS. GIBBONS agreed to do so and noted it is ASTM F963, a safety standard for toys that is mandatory under the Consumer Product Safety Improvement Act of 2008. 2:29:40 PM ANDREW HACKMAN, Principal Lobbyist, Serlin Haley LLP, representing the Juvenile Products Manufacturers Association, testified in opposition to HB 27. He said the association represents everything from strollers to bassinettes to car seats and is the industry that helps bring children into the home and care for those children after they have been born. He stated the association is opposed to HB 27 as currently drafted. MR. HACKMAN related that the association's manufacturers have proactively worked to eliminate flame retardants where they have been mandated in the past. In California under Technical Bulletin 117, he said, the association worked with the Bureau of Appliance Repair and Home Furnishings to eliminate the requirement that juvenile products be subject to flame retardant requirements. He further noted that the association was actively involved in person in several work sessions in Anchorage in helping inform discussions and come up with an element that struck a reasonable balance. He stressed the importance of some of the provisions incorporated into the Anchorage ordinance that specifically impact the association's industry. Car seats, he explained, are mandated to meet very stringent flame resistance performance standards that are administered by the National Highway Traffic Safety Administration. Flame retardants, he said, must be incorporated into those products to meet those federal standards. Conditions in a vehicle fire are very different, he continued, and there are sources of ignition that are particularly flammable, and the federal government has taken a very strong position that this standard is required. MR. HACKMAN said his association shares The Toy Association's concern about including inaccessible electronic components. He pointed out that particularly in infant products the child cannot reasonably and foreseeably come into contact with those components. He related that the association has researched what materials are typically used and the materials listed in HB 27 are not typically used in the association's products. However, he noted, the Underwriters Laboratories (UL) has standards that require certain performance applications that at times necessitate the use of flame retardants. MR. HACKMAN noted the Anchorage ordinance had no requirements in any jurisdiction requiring labeling for juvenile products, a provision the association supported. He said the association's members estimated it would cost $50,000-$80,000 per product to create a specific label for Alaska, which outweighs the entire sales of that product category in the state of Alaska. MR. HACKMAN encouraged the committee, if it moves HB 27 forward, to look hard at the compromise that was drafted and passed in the Anchorage ordinance. He said the association was actively involved in those discussions and appreciates that the city took those actions. CO-CHAIR TARR asked whether the Juvenile Products Manufacturers Association supported the ordinance that was passed in Anchorage. MR. HACKMAN replied that the association removed its opposition and indicated to those city council members who had questions for the association that it supported the inclusion of those provisions. CO-CHAIR TARR said she looks forward to working with Mr. Hackman to address the association's concerns. 2:34:39 PM CO-CHAIR TARR closed public testimony and held over HB 27.