SENATE BILL NO. 69 "An Act relating to hazardous chemicals, hazardous materials, and hazardous waste." Senator Leman was invited to join the committee and briefly stated that he believed the fiscal notes should be zero. The DEC put in a fiscal note for $5,000 for mailing expenses but since this bill creates a single form to replace what in the Anchorage municipality is four forms and since the mailing goes out anyway there should be no additional expense. It should be a zero fiscal note. In summary the bill in Anchorage has four different requirements: the municipal placarding requirement, the State fire marshall placarding requirement, the community right-to-know requirement and the OSHA requirement (MSDS sheets). In Anchorage, the municipal placarding requirements will still but we will remove the statewide placarding requirements under the State fire marshall. This is something the State fire marshall supports. There are some threshold limits that are more stringent than Federal law and this is a technical update making all reporting requirements consistent with Federal law. Senator Donley asked that the current placarding program be explained in regard to the State fire marshall. Senator Leman noted that the State fire marshall placarding program had been largely ineffective. It is a function of the law that just has not been used. The fire marshall supports this change and does not oppose the bill. Discussion has also been held with the fire departments. This bill will allow for municipalities to keep the placarding program if they wish. It is hoped that the single form now proposed will become an electronic placarding system. Senator Donley felt that it was important for firemen going into a building to know what sort of hazardous materials are stored there so that they can wear proper protective gear. Senator Leman concurred. Senator Rieger asked about the existing law with regards to municipalities establishing and imposing penalties and fees, what a first class and second class city can do, what a municipality can do and would this give power to any municipality that they would not have otherwise had under their home rule charter or adopted when the city was first incorporated? Senator Leman stated that when he served on the local emergency planning committee in Anchorage that Anchorage had to go through the process of establishing fees so the LEPC came up with recommendations, worked with the fire department and then it went through a public process as allowed by Title 29. Annette Kreitzer explained that Title 29 placarding program is the current law. The only change in the section deletes the placarding requirements under the State fire marshall placarding program. No new authorization is being granted to municipalities. Senator Zharoff referred to the Alaska State Emergency Response Commission and if it exists. Senator Leman replied that Senate Bill 33 of last year restructured the commission. It consists of commissioners from nine departments and seven public members and it functions to implement the Federal law regarding the reporting of hazardous substances. Senator Zharoff also asked if under section 4 of CSSB 69(RES) the specific terminology brings up to date all of the various poisons, explosives, etc. Senator Leman explained that in 1993 Congress passed a law recognizing the United Nations Identification System to make sure all the listings of hazardous substances are consistent using international symbols to make sure everyone knows what substances are being stored. Senator Zharoff referred to the deletion of 500 lbs. hazardous material being handled in one day to 10,000 lbs. and would like to know what effect this will have. Senator Leman explained that previously State law had been more stringent than the Federal law; now the law was consistent. Senator Zharoff also inquired about the provision for compressed gases. Senator Leman advised that the stated requirement goes beyond Federal law which doesn't require compressed gases be reported. Municipalities can establish their own standards that are more stringent than those required under Federal law. Senator Zharoff expressed concern over a fireman going into a building with compressed gas stored without his knowing. Senator Leman advised that the effect of the bill is to delete the placarding requirement but the information on stored chemicals would exist in a data bank that would be available to all municipal fire departments when they are responding to a fire. Senator Sharp MOVED for passage of CSSB 69(RES) from committee with individual recommendations and zero fiscal notes. No objections being heard CSSB 69 (RES) was REPORTED OUT with zero fiscal notes from Department of Public Safety, Department of Military and Veterans Affairs, Senate Finance Committee fiscal note for Department of Environmental Conservation. Co-chairman Halford introduced HB 38.