ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
March 6, 2020
3:18 p.m.
MEMBERS PRESENT
Representative Ivy Spohnholz, Chair
Representative Sara Hannan
Representative Andi Story
Representative Sara Rasmussen
MEMBERS ABSENT
Representative Louise Stutes
Representative Zack Fields
Representative Mel Gillis
COMMITTEE CALENDAR
HOUSE BILL NO. 93
"An Act relating to temporary courtesy licenses for certain
nonresident professionals; and relating to the Department of
Commerce, Community, and Economic Development."
- HEARD & HELD
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."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 93
SHORT TITLE: MILITARY SPOUSE COURTESY LICENSE
SPONSOR(s): REPRESENTATIVE(s) TUCK
03/13/19 (H) READ THE FIRST TIME - REFERRALS
03/13/19 (H) MLV, L&C
04/02/19 (H) MLV AT 1:00 PM GRUENBERG 120
04/02/19 (H) Heard & Held
04/02/19 (H) MINUTE(MLV)
04/04/19 (H) MLV AT 1:00 PM GRUENBERG 120
04/04/19 (H) -- MEETING CANCELED --
04/09/19 (H) MLV AT 1:00 PM GRUENBERG 120
04/09/19 (H) -- MEETING CANCELED --
04/16/19 (H) MLV AT 1:00 PM GRUENBERG 120
04/16/19 (H) Moved HB 93 Out of Committee
04/16/19 (H) MINUTE(MLV)
04/17/19 (H) MLV RPT 6DP
04/17/19 (H) DP: THOMPSON, RAUSCHER, TUCK, JACKSON,
TARR, LEDOUX
05/06/19 (H) L&C AT 3:15 PM BARNES 124
05/06/19 (H) -- MEETING CANCELED --
05/10/19 (H) L&C AT 3:15 PM BARNES 124
05/10/19 (H) Heard & Held
05/10/19 (H) MINUTE(L&C)
03/02/20 (H) L&C AT 3:15 PM BARNES 124
03/02/20 (H) Heard & Held
03/02/20 (H) MINUTE(L&C)
03/06/20 (H) L&C AT 3:15 PM BARNES 124
BILL: HB 27
SHORT TITLE: REGULATION OF FLAME RETARDANT CHEMICALS
SPONSOR(s): REPRESENTATIVE(s) TARR
02/20/19 (H) PREFILE RELEASED 1/11/19
02/20/19 (H) READ THE FIRST TIME - REFERRALS
02/20/19 (H) RES, L&C
04/03/19 (H) RES AT 1:00 PM BARNES 124
04/03/19 (H) Heard & Held
04/03/19 (H) MINUTE(RES)
04/05/19 (H) RES AT 1:00 PM BARNES 124
04/05/19 (H) Heard & Held
04/05/19 (H) MINUTE(RES)
01/24/20 (H) RES AT 1:00 PM BARNES 124
01/24/20 (H) Scheduled but Not Heard
01/27/20 (H) RES AT 1:00 PM BARNES 124
01/27/20 (H) Heard & Held
01/27/20 (H) MINUTE(RES)
01/29/20 (H) RES AT 1:00 PM BARNES 124
01/29/20 (H) Scheduled but Not Heard
01/31/20 (H) RES AT 1:00 PM BARNES 124
01/31/20 (H) Scheduled but Not Heard
02/03/20 (H) RES AT 1:00 PM BARNES 124
02/03/20 (H) -- MEETING CANCELED --
02/05/20 (H) RES AT 1:00 PM BARNES 124
02/05/20 (H) Moved CSHB 27(RES) Out of Committee
02/05/20 (H) MINUTE(RES)
02/07/20 (H) RES RPT CS(RES) NT 5DP 2NR
02/07/20 (H) DP: TUCK, HANNAN, HOPKINS, TARR,
LINCOLN
02/07/20 (H) NR: TALERICO, RAUSCHER
02/26/20 (H) L&C AT 3:15 PM BARNES 124
02/26/20 (H) <Bill Hearing Canceled>
03/04/20 (H) L&C AT 3:15 PM BARNES 124
03/04/20 (H) -- MEETING CANCELED --
03/06/20 (H) L&C AT 3:15 PM BARNES 124
WITNESS REGISTER
REPRESENTATIVE CHRIS TUCK
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, provided the opening
statement for HB 93.
MARY BETH GOODMAN
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 93.
SARA CHAMBERS, Director
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community & Economic Development
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
93.
TAMMIE PERREAULT, Regional Liaison
Defense-State Liaison Office
U.S. Department of Defense
Joint Base Lewis-McChord, Washington
POSITION STATEMENT: Testified in support of HB 93.
REPRESENTATIVE GERAN TARR
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, introduced HB 27 and
provided a PowerPoint presentation, entitled "House Bill 27
Toxic Free Children's Act."
KARLA HART, Staff
Representative Geran Tarr
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided a sectional analysis for HB 27 on
behalf of Representative Tarr, prime sponsor.
SU CHON, Civic Engagement Coordinator
Alaska Community Action on Toxics
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 27.
TOM WESCOTT, President
Alaska Professional Firefighters Association
Eagle River, Alaska
POSITION STATEMENT: Testified in support of HB 27.
ACTION NARRATIVE
3:18:26 PM
CHAIR IVY SPOHNHOLZ called the House Labor and Commerce Standing
Committee meeting to order at 3:18 p.m. Representatives Hannan,
Rasmussen, and Spohnholz were present at the call to order.
Representative Story arrived as the meeting was in progress.
HB 93-MILITARY SPOUSE COURTESY LICENSE
3:19:07 PM
CHAIR SPOHNHOLZ announced that the first order of business would
be HOUSE BILL NO. 93, "An Act relating to temporary courtesy
licenses for certain nonresident professionals; and relating to
the Department of Commerce, Community, and Economic
Development."
3:19:21 PM
REPRESENTATIVE CHRIS TUCK, Alaska State Legislature, as prime
sponsor, reintroduced HB 93 and provided a brief recap of the
bill. He explained that the bill ensures that military spouses
have the ability to get their occupational licenses in an
expedient way in order for them to continue practicing in their
profession. He said it helps military families when they are
deployed to Alaska in the transitional phase, as well as gives
them the ability to practice a profession that provides for
their family.
CHAIR SPOHNHOLZ added that this bill is based on underlying
legislation that was passed in 2011. She explained that HB 93
seeks to implement a report on the subject matter because this
kind of special licensure hasn't progressed as expected.
REPRESENTATIVE TUCK confirmed that, adding that the goal is to
get a progress report back to the legislature on the fulfillment
of the original bill's requirement.
3:21:45 PM
CHAIR SPOHNHOLZ opened public testimony.
3:22:16 PM
MARY BETH GOODMAN expressed her support for HB 93. She informed
the committee that she is a licensed professional counselor in 7
states and possesses a national certification. She said she has
been practicing counseling for 20 years and holds special
certifications in trauma, post-traumatic stress disorder (PTSD),
family systems, eating disorders, critical incident stress
management, autism and sensory processing disorders. She
further noted that she is a military spouse who is a self-
proclaimed expert in transferring her professional license;
however, she has been told that she does not qualify to be
licensed in Alaska. Furthermore, the board does not issue
military spouse reciprocity. She explained that she has made up
for those deficits by continuing her professional education
through continuing education units. She urged the committee to
consider several factors as they deliberate HB 93: education,
experience, finances, and expediency.
3:27:10 PM
REPRESENTATIVE HANNAN attempted to clarify whether there is
temporary licensure available for Ms. Goodman's particular
license.
MS. GOODMAN confirmed that temporary licensure is not available
for mental health.
REPRESENTATIVE HANNAN noted that the Division of Corporations,
Business and Professional Licensing issued 3 types of temporary
occupational licenses for psychology and one for marital and
family therapy. She questioned whether Ms. Goodman's license
would fit into either type.
MS. GOODMAN said no, because she is a licensed professional
counselor.
REPRESENTATIVE HANNAN said she's not sure which board would
govern that profession. She asked if it would be the
"psychology board."
MS. GOODMAN answered yes.
3:28:14 PM
CHAIR SPOHNHOLZ deferred to Ms. Chambers.
3:28:22 PM
SARA CHAMBERS, Director, Division of Corporations, Business and
Professional Licensing, Department of Commerce, Community &
Economic Development, explained that the division does have a
Board of Professional Counselors that regulates the counseling
profession. She said if there was a temporary license for a
professional counselor it would be listed under that board.
3:28:49 PM
REPRESENTATIVE HANNAN asked if marital and family therapists are
licensed under the Board of Professional Counselors.
MS. CHAMBERS replied that they have their own board.
3:29:01 PM
REPRESENTATIVE HANNAN asked how many types of counseling
licenses and governing boards exist in Alaska for therapists and
counselors.
MS. CHAMBERS said there are several boards that are mental
health focused: The Board of Marital and Family Therapy, the
Board of Professional Counselors, the Board of Social Work
Examiners, and the Board of Psychologist and Psychological
Associate Examiners. Those encompass all the strict mental
health professions with the exception of behavioral therapists,
which are licensed but don't have a board.
REPRESENTATIVE HANNAN pointed out that three of the
aforementioned boards have issued temporary professional
licenses, which leaves the Board of Professional Counselors as
the only board that doesn't. She asked if that is correct.
MS. CHAMBERS said that should be accurate.
CHAIR SPOHNHOLZ acknowledged that the memorandum from the
division [included in the committee packet] confirms that.
3:30:01 PM
CHAIR SPOHNHOLZ asked what is preventing Ms. Goodman from
meeting the Alaska licensure standard.
MS. GOODMAN explained that present day licensure requires a 60-
hour master's degree; however, when she received her master's
degree 20 years ago, 48 hours was all that was required. She
further noted that the board application states that if the
license was received prior to July 2000, that standard is no
longer a requirement.
CHAIR SPOHNHOLZ said she appreciates Ms. Goodman bringing this
to the committee's attention, adding that the issue might
require further administrative clarification.
3:31:19 PM
TAMMIE PERREAULT, Regional Liaison, Defense-State Liaison
Office, U.S. Department of Defense, reported that the Defense-
State Liaison Office and the U.S. Department of Defense fully
support HB 93 as it provides the opportunity to further identify
ways in which to better support military spouses in Alaska.
Occupational licensure is one of the key priorities for the
secretary of defense and the U.S. Department of Defense in
improving the quality of life for military families, she said.
She noted that 68 percent of married service members report that
their spouses' ability to maintain a career impacts their
decision to remain in the military. Furthermore, 77 percent of
military spouses' report that they want or need to work, and up
to 34 percent of military spouses are required to maintain an
occupational license for employment. She stated that Alaska has
the second highest number of military spouses out of any state.
The report that HB 93 seeks would bring to light the challenges
that Alaska might be facing in improving occupational licensure,
she said. She thanked the committee for their support and for
the consideration of this bill.
3:34:26 PM
CHAIR SPOHNHOLZ closed public testimony.
3:34:41 PM
REPRESENTATIVE STORY asked when the report would be done if HB
93 passes. She offered her belief that the timeline should be
as quick as possible to find out how to be more effective in
this area.
CHAIR SPOHNHOLZ directed attention to page 2, lines 3-4, of the
bill, and read the following:
The department shall submit the report prepared under
(e) of this section to the Joint Armed Services
Committee on or before the first day of March each
year.
3:35:26 PM
REPRESENTATIVE HANNAN expressed her expectation that the report
addresses not only the questions being asked directly, but also
the underlying problems. Furthermore, she said that she wants
to know how many people are applying for a license and not being
issued one.
CHAIR SPOHNHOLZ asked if Representative Hannan would like to
amend the bill.
REPRESENTATIVE HANNAN answered no. She said that giving those
remarks while the division director is in the room will help Ms.
Chambers understand her intent. She added that she doesn't want
to slow down the bill with an amendment.
CHAIR SPOHNHOLZ said she doesn't want to unnecessarily stall the
process; however, she wants to ensure that the bill requests the
kind of report that they want. She encouraged Representative
Hannan to propose an amendment.
REPRESENTATIVE HANNAN suggested offering a conceptual amendment
that would read as follows:
Page 1, Line 7
Insert: "applied for and"
Immediately following the word
"licenses" on line 7
3:39:19 PM
REPRESENTATIVE STORY noted that as it's currently written, the
conceptual amendment might result in the number of licenses that
were applied for an received instead of how many were applied
for and not issued.
CHAIR SPOHNHOLZ objected for the purpose of discussion.
REPRESENTATIVE HANNAN suggested inserting "applied for or"
3:40:05 PM
REPRESENTATIVE TUCK suggested adding a paragraph (5) under
subsection (e), that reads, "the number and type of the licenses
that have been applied for." He reiterated that the goal of HB
93 is to "see where we're at." He offered his belief that
adding the number of applicants strengthens the bill.
REPRESENTATIVE HANNAN asked if Chair Spohnholz recommends
holding the bill until Monday.
CHAIR SPOHNHOLZ answered yes.
REPRESENTATIVE HANNAN "withdrew" her conceptual amendment.
3:44:03 PM
CHAIR SPOHNHOLZ announced that HB 93 was held over.
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.
4:25:21 PM
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
4:25 p.m.