Legislature(2015 - 2016)BARNES 124

03/09/2015 01:00 PM RESOURCES



* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 105 AIDEA: BONDS;PROGRAMS;LOANS;LNG PROJECT TELECONFERENCED
Heard & Held
-- Public Testimony --
*+ HB 14 BAN PLASTIC MICROBEADS IN COSMETICS TELECONFERENCED
Heard & Held
-- Public Testimony --
*+ HB 92 LABEL GENETICALLY MODIFIED FOOD TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
*+ HJR 8 FEDS ALLOW STATE TO MAKE ENERGY CHOICES TELECONFERENCED
Moved CSHJR 8(ENE) Out of Committee
-- Public Testimony --
           HB  14-BAN PLASTIC MICROBEADS IN COSMETICS                                                                       
                                                                                                                                
2:41:10 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TALERICO announced  that the third order  of business is                                                               
HOUSE  BILL NO.  14, "An  Act banning  the manufacture,  sale, or                                                               
offering   for  sale   of  a   cosmetic  that   contains  plastic                                                               
microbeads; and providing for an effective date."                                                                               
                                                                                                                                
2:41:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HAWKER  moved  to adopt  the  proposed  committee                                                               
substitute  (CS), labeled  29-LS0098\W,  Nauman,  3/6/15, as  the                                                               
working document.                                                                                                               
                                                                                                                                
REPRESENTATIVE  SEATON objected  for purposes  of explanation  of                                                               
the changes.                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON,  sponsor, explained that the  change is                                                               
just one word.  The  proposed CS deletes the word "biodegradable"                                                               
from  Section 3,  page 3,  line  3, of  the original  bill.   The                                                               
reason for this deletion goes to  the essence of the bill itself.                                                               
He said  he believes that there  is very little that  is actually                                                               
biodegradable  and that  by leaving  that term  in the  bill, the                                                               
industry  finds  alternatives  for   microbeads  that  result  in                                                               
continual problem  for the  fisheries, for  birds, and  for other                                                               
marine life.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON removed  his  objection.   There being  no                                                               
further objection, Version W was before the committee.                                                                          
                                                                                                                                
2:43:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON  said he  had never heard  of microbeads                                                               
until  the   August  2014  meeting   of  the  Council   of  State                                                               
Governments  where  it  was  discussed  by  the  Suggested  State                                                               
Legislation Committee.   The term  came before that  committee in                                                               
regard to efforts to rid the  cosmetics industry of what some see                                                               
as  a  scourge.   He  explained  that,  if  passed, HB  14  would                                                               
prohibit  the use  or sale  of microbeads  in Alaska.   It  would                                                               
modify Title  17.20, Alaska's Food,  Drug and Cosmetic  Act, with                                                               
just a handful of words.                                                                                                        
                                                                                                                                
REPRESENTATIVE  JOSEPHSON defined  microbeads  as being  plastic,                                                               
synthetic  microspheres that  are widely  used in  the cosmetics,                                                               
skin care, and the personal  care industries, measuring less than                                                               
five millimeters.  They are  principally made of polyethylene and                                                               
polypropylene, as well as two  other less common compounds.  They                                                               
are used by  the cosmetics industry in  toothpaste, facial creams                                                               
and  cleansers,  as  well  as shaving  creams,  shower  gels  and                                                               
exfoliating products.   Prior  to about 10  years ago,  they were                                                               
not as  commonly used  and yet, he  quipped, his  recollection is                                                               
that people back then had clean  skin and healthy teeth.  He said                                                               
that in his view microbeads are  not a requirement in the hygiene                                                               
and cosmetics trades.  They  were adopted by the industry because                                                               
they are cheap to produce and  give a gritty and abrasive quality                                                               
to cleansers,  washes, and  pastes.   To provide  a sense  of the                                                               
scope  of  the problem,  he  noted  that the  Neutrogena  product                                                               
called  "Deep  Clean" contains  350,000  microbeads  in a  single                                                               
tube.  The small sizes of  microbeads enable them to get past the                                                               
filtering systems  of waste water  treatment facilities  and they                                                               
end up in rivers, lakes, and oceans.                                                                                            
                                                                                                                                
REPRESENTATIVE  JOSEPHSON discussed  some  science  to provide  a                                                               
better sense  of what microbeads are.   He said he  has read hour                                                               
upon hour  of literature on the  subject of microbeads.   For all                                                               
practical  purposes he  has never  found an  industry claim  that                                                               
microbeads are not  getting into rivers, lakes, and  oceans, or a                                                               
claim that microbeads  are not being consumed by  marine life and                                                               
birds.  From marine life, there  is every reason to believe that,                                                               
in turn, humans  are consuming microbeads or  toxins connected to                                                               
microbeads.    This  happens  when fish  and  other  marine  life                                                               
consume   microbeads  that   have  absorbed   persistent  organic                                                               
pollutants  (POPS),  including polychlorinated  biphenyls  (PCBs)                                                               
and  dichlorodiphenyltrichloroethane  (DDT).     These  are  also                                                               
called persistent  bioaccumlative toxins (PBTs).   Primarily this                                                               
occurs because people  are consuming fish and  other marine life.                                                               
Pesticides  and  toxins  are  hydrophobic,   so  they  glom  onto                                                               
microbeads and  find a  home with them  in waterways  and oceans.                                                               
It  is  believed  that  they  move along  the  food  chain  as  a                                                               
consequence.   Mistaking them  for eggs or  other food,  they are                                                               
readily consumed by fish.  Fish  also feel full when they are not                                                               
really  full and  some  are unable  to  excrete plastic,  causing                                                               
internal damage.  Study after study supports this fact.                                                                         
                                                                                                                                
2:46:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON related  that the  industry, almost  to                                                               
the company, concedes it has a  problem and that it wishes to fix                                                               
that problem.  The important thing to  ask is what the fix is and                                                               
who  pays for  the fix.   First,  there is  no evidence,  and the                                                               
industry doesn't really suggest in  the literature that there is,                                                               
that microbeads can  biodegrade.  Industry says  that word should                                                               
be excised  from the  production line, industry  says get  rid of                                                               
microbeads.   The industry basically  admits that  microbeads, at                                                               
least as  currently designed, cannot biodegrade.   Similarly, the                                                               
industry,  while  it  is  striving   to  find  a  substitute  for                                                               
microbeads, seems to believe that  it can still produce a plastic                                                               
of some sort  that will biodegrade.  The more  likely reality may                                                               
be that  no such  substance exists.   The industry  might suggest                                                               
that  polylactic  acids  (PLAs)  and  also  polyhydroxyalkanoates                                                               
(PHAs) will break down in  the environment and can be substituted                                                               
for  microbeads.    However, these  plastics  only  breakdown  in                                                               
industrial composting  facilities at temperatures of  120 degrees                                                               
Fahrenheit.  Even if something  could biodegrade, many of what is                                                               
being recommended  would remain in  the environment for  at least                                                               
six months,  and perhaps three  years.   It would persist  in the                                                               
aquatic  environment  and  remain bioavailable  to  wildlife  who                                                               
mistake it for food during that period of time.                                                                                 
                                                                                                                                
REPRESENTATIVE  JOSEPHSON pointed  out that  there are  cosmetics                                                               
and  toiletries companies  that  use  plastics substitutes  right                                                               
now, just  as the large  industrial cosmetics makers used  to do.                                                               
Those  substitutes  include  things  like  rice,  apricot  seeds,                                                               
walnut shells,  powdered pecan  shells, and  even bamboo.   Other                                                               
identified alternatives  include sea  salt, oatmeal,  pumice, and                                                               
ground almonds.   Companies that use safe  materials include Lush                                                               
Cosmetics, Acure Organics, Burt's  Bees, St. Ives, Alba Botanica,                                                               
and Bulldog.   It is possible that these  substitutes will result                                                               
in greater cost,  although he allowed he hasn't read  that and he                                                               
cannot say  what exactly that cost  would be.  However,  he said,                                                               
that extra cost  should be weighed against the  cost to fisheries                                                               
and human health.                                                                                                               
                                                                                                                                
2:49:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON  discussed the  bill, stating  he thinks                                                               
Version W is  generous toward the industry in one  major way:  it                                                               
has an  effective date of January  2018, which is as  late as any                                                               
that  will be  found  in the  state legislatures.    Some have  a                                                               
graduated scale, but it begins  before 2018.  Literally dozens of                                                               
state legislatures  are introducing bills  right now to  stop the                                                               
release of microbeads  into waters, streams, and oceans.   It has                                                               
become  a worldwide  movement  of  sorts.   Just  last month  the                                                               
Indiana House, where  there are 29 Democrats  and 71 Republicans,                                                               
voted  97-0 to  ban microbeads,  although that  bill allows  some                                                               
substitutes and  Version W is  a little tougher in  that respect.                                                               
Version W is less generous to  the industry in that it requires a                                                               
real ban,  not what  he would  call a ban  that doesn't  move the                                                               
needle.  He said he thinks  that any time a discussion is invited                                                               
about biodegradability, it invites  discussion of substitutes for                                                               
microbeads that may  be equally harmful.  He said  he has letters                                                               
in  his  file  from  Johnson &  Johnson,  L'Oreal,  Crest,  Avon,                                                               
Colgate,  Palmolive, The  Body Shop,  and others,  conceding that                                                               
something must be done about the microbeads.                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON  allowed that  the fiscal note  may give                                                               
pause  to  committee  members.     He  said  Ms.  Busse  [of  the                                                               
Department  of Environmental  Conservation  (DEC)] might  suggest                                                               
that  the  permits  for 2,200  distributors  would  be  $100-$200                                                               
apiece.   Theoretically that  could create  some parody  and help                                                               
alleviate the cost associated  with enforcement, which presumably                                                               
wouldn't begin  until 2018.  He  added that the committee  may be                                                               
hearing  from witnesses  who will  testify about  gyres, and  how                                                               
microbeads  move  into the  North  Pacific  and into  the  Arctic                                                               
through circulation around the ocean.                                                                                           
                                                                                                                                
2:51:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HAWKER inquired  why, if this is  such a pervasive                                                               
national issue,  the U.S. Food  and Drug Administration  (FDA) or                                                               
the U.S.  Environmental Protection Agency (EPA)  have not stepped                                                               
in and  taken action.   He  said those  agencies could  make this                                                               
problem go away with the stroke of a pen.                                                                                       
                                                                                                                                
REPRESENTATIVE  JOSEPHSON   offered  his  belief  that   the  FDA                                                               
wouldn't have jurisdiction  and said he doesn't  know whether the                                                               
EPA would.   According to what he has read,  the FDA has actually                                                               
approved microbeads.   He related  that he has  seen photographs,                                                               
which he does not believe  were doctored, of microbeads lodged in                                                               
human  gums even  though the  [American Dental  Association] says                                                               
that that  can't be.  He  said the products are  safe when humans                                                               
first  apply the  plastics to  their faces  or brush  their teeth                                                               
with them, but the concern is the food chain and marine health.                                                                 
                                                                                                                                
2:53:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON drew  attention  to the  letters from  the                                                               
American  Chemistry  Council  and   the  Personal  Care  Products                                                               
Council, noting they appear to  be supportive of this legislation                                                               
but want amendments that would align  it with the existing law in                                                               
Illinois.  He asked whether HB 14 is aligned with Illinois.                                                                     
                                                                                                                                
REPRESENTATIVE JOSEPHSON  replied that  the bill is  only aligned                                                               
in the  sense that both bills  are striving for better  human and                                                               
environmental health.   He said the Illinois bill  is an industry                                                               
bill  and  the  industry  is   comfortable  with  that  language.                                                               
Essentially the Illinois bill uses  an allowance for an exemption                                                               
for  a  replacement  kind  of  microbead and  this  goes  to  the                                                               
question  about the  change  made in  the CS.    The change  that                                                               
Illinois adopted is not, in  his opinion, nearly as protective as                                                               
what  he is  suggesting.   He  is suggesting  going  back to  the                                                               
laboratory and using  sea salt or oatmeal or  apricot shells like                                                               
what was  done when he  was growing up.   The Illinois bill  is a                                                               
compromise bill that uses different  kinds of synthetic plastics.                                                               
The Great  Lakes is one of  the worst places for  this phenomenon                                                               
and Illinois  is on Lake  Michigan.   Will the Illinois  bill see                                                               
some improvement?   It might.   He deferred to witnesses  on line                                                               
to answer the question further.                                                                                                 
                                                                                                                                
REPRESENTATIVE  SEATON   understood  microbeads   are  "synthetic                                                               
plastic microbeads"  not "microbeads".   Thus, he  concluded, the                                                               
almond shells, pecan  shells, and such are ground  and fit within                                                               
the use category  that would be allowed and none  of those things                                                               
would be prohibited under the term "microbeads".                                                                                
                                                                                                                                
REPRESENTATIVE JOSEPHSON responded correct.                                                                                     
                                                                                                                                
2:56:50 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TALERICO opened public testimony.                                                                                      
                                                                                                                                
2:57:10 PM                                                                                                                    
                                                                                                                                
BOB  KING stated  his  support for  Version  W of  HB  14 to  ban                                                               
microbeads from cosmetics.   For the sake of brevity,  he said he                                                               
associates  himself  with  the comments  made  by  Representative                                                               
Josephson.   He said he has  worked on a variety  of ocean issues                                                               
and  a  variety  of  different  areas  for  the  past  10  years,                                                               
including that  of marine debris,  specifically plastics,  in the                                                               
marine environment.   The potential impact to  marine mammals, to                                                               
fisheries, and  the like is a  very big problem.   Just trying to                                                               
remove  these plastics  from the  oceans is  extremely difficult.                                                               
Therefore, the  best solution is  a simple effective one  such as                                                               
this bill, which  would ban them from getting  into the ecosystem                                                               
to begin with.   He said he agrees with  Representative Hawker in                                                               
regard to potential  national legislation because it  is an issue                                                               
that begs a national fix.  In  one of his previous jobs he worked                                                               
along  those  lines on  draft  legislation,  but the  states  are                                                               
taking the lead  here and a number of states  have already passed                                                               
legislation  similar  to HB  14  that  would move  this  forward.                                                               
Industry has recognized that this  is a problem and is responding                                                               
as well.   It is  appropriate for Alaska  to join in  this, given                                                               
Alaska's leadership on  ocean issues.  He urged  the committee to                                                               
move the bill.                                                                                                                  
                                                                                                                                
2:59:48 PM                                                                                                                    
                                                                                                                                
SEAN  MOORE,   Associate  Director,  State   Government  Affairs,                                                               
Consumer Healthcare Products Association  (CHPA), noted his trade                                                               
association represents  manufacturers and marketers  of over-the-                                                               
counter  medicines  and  dietary   supplements.    He  said  CHPA                                                               
supports the  concept raised in  HB 14,  but opposes the  bill as                                                               
drafted and  would like to  see it  amended to match  similar law                                                               
that  was adopted  last  year  in Illinois.    The CHPA  in-state                                                               
[lobbyist], Mr.  Eldon Mulder,  has provided  proposed amendments                                                               
on the  association's behalf.   He  disagreed with  the sponsor's                                                               
characterization of the Illinois bill  as being an industry bill,                                                               
saying  it was  a compromise  bill negotiated  with environmental                                                               
groups in Illinois.   He related that at the  August 2014 Council                                                               
of  State Governments  meeting, the  Suggested State  Legislation                                                               
Committee  adopted  the  Illinois  law  as  the  suggested  state                                                               
legislation.     He  added  that   CHPA's  member   companies  do                                                               
understand  that  plastic  pollution  in  the  environment  is  a                                                               
serious concern.   Many  manufacturers began  practicably phasing                                                               
out  the  use  of  synthetic  plastic  microbeads  prior  to  the                                                               
introduction  of  any legislation.    There  has been  plenty  of                                                               
legislation  aimed at  microbeads.   Already in  2015, two  dozen                                                               
states  have considered  legislation on  this issue  and more  is                                                               
still  to come.   It  can  be difficult  for companies  marketing                                                               
products  on  a  national  level  to deal  with  a  patchwork  of                                                               
differing  state laws.    For this  reason,  CHPA supports  state                                                               
bills  modeled after  the  Illinois law  to  provide one  uniform                                                               
solution to this issue.   By mirroring the existing Illinois law,                                                               
Alaska  can mandate  microbeads be  phased out  of personal  care                                                               
products   and   over-the-counter    medicines   while   ensuring                                                               
reasonable  effective  dates  and  uniform  definitions  for  key                                                               
terms.   This would closely  align with proposals that  have been                                                               
approved by  the Indiana House  of Representatives,  the Colorado                                                               
House  of Representatives,  and  both houses  of  the New  Jersey                                                               
legislature, all of  which passed bills that  mirror the Illinois                                                               
law.  To this end, CHPA  proposes to amend HB 14 with definitions                                                               
to the  terms plastic and  synthetic plastic microbeads  that are                                                               
identical to the Illinois law,  as well as propose to incorporate                                                               
the  implementation of  timeframes from  Illinois beginning  with                                                               
the ban  on manufacturing personal care  products with microbeads                                                               
after January 1,  2018, and over-the-counter drugs  on January 1,                                                               
2019.   Sales bans  for each product  category would  take effect                                                               
one year  later in 2019  and 2020, respectively.   This timeframe                                                               
is  important   because  it   provides  manufacturers   the  time                                                               
necessary to identify viable  alternatives to plastic microbeads.                                                               
Mr.  Moore urged  the  committee to  amend the  bill  so that  it                                                               
mirrors  the existing  Illinois law  and to  subsequently support                                                               
this common sense approach.                                                                                                     
                                                                                                                                
3:03:05 PM                                                                                                                    
                                                                                                                                
PAMELA   MILLER,  Biologist   and   Executive  Director,   Alaska                                                               
Community  Action   on  Toxics   (ACAT),  supported  HB   14  and                                                               
specifically  Version W,  saying it  is an  important measure  to                                                               
protect Alaska fisheries that depend  on clean and healthy marine                                                               
and freshwater environments.  She  pointed out that her statewide                                                               
organization   is   comprised   of  scientists,   public   health                                                               
professionals, and  community advocates who conduct  research and                                                               
provide   educational   programs,   technical   assistance,   and                                                               
training.  She continued as follows:                                                                                            
                                                                                                                                
     As   noted   in  Representative   Josephson's   sponsor                                                                    
     statement, hundreds  of personal  care products  on the                                                                    
     market  here in  the  U.S.,  including toothpastes  and                                                                    
     scrubs,  contain  these  tiny plastic  microbeads  that                                                                    
     pass  from household  waste streams  through wastewater                                                                    
     systems  and into  rivers,  lakes,  and ultimately  the                                                                    
     marine environment.   These tiny plastic  particles are                                                                    
     now  ubiquitous and  increasing rapidly  in the  ocean.                                                                    
     They  are  extremely  persistent  in  the  cold  marine                                                                    
     environment.  Marine  organisms, including zooplankton,                                                                    
     shellfish,  and fish  cannot distinguish  these plastic                                                                    
     microbeads  from the  food  they  need. Therefore,  the                                                                    
     plastic particles  are taken  into the bodies  of these                                                                    
     animals where  they accumulate,  may prevent  them from                                                                    
     getting the nutrients required  for their survival, and                                                                    
     can lead to physical  internal damage from abrasion and                                                                    
     blockage,  as  well  as  toxicological  harm.    Recent                                                                    
     scientific   investigations   have   demonstrated   the                                                                    
     disturbing  prevalence  of  plastic microbeads  in  the                                                                    
     marine  environment,   including  the   North  Pacific,                                                                    
     Beaufort,  and Chukchi  seas.   A  recent study  showed                                                                    
     that concentrations  of microplastics in the  Arctic at                                                                    
     least  two  orders  of  magnitude  greater  than  those                                                                    
     reported  from  contaminated  waters  of  the  Atlantic                                                                    
     Ocean north  of Scotland and North  Pacific subtropical                                                                    
     gyre.   The  researchers conclude  that Arctic  sea ice                                                                    
     represents  a   major  global  sink   for  microplastic                                                                    
     particles, and  that these particles are  released into                                                                    
     the  marine  environment as  sea  ice  melts.   We  are                                                                    
     especially  concerned  that plastic  microbeads  absorb                                                                    
     and concentrate highly  toxic and persistent chemicals,                                                                    
     including legacy  chemicals that  have been  banned for                                                                    
     many years such as PCBs  and DDT, but as well currently                                                                    
     used chemicals  such as polybrominated  diphenyl ethers                                                                    
     (PBDEs) which are  toxic flame retardants, nonylphenols                                                                    
     which are used in  detergents, and bisphenol-A which is                                                                    
     used  in plastics.   These  accumulate  at much  higher                                                                    
     levels than in surrounding waters.   Due to their large                                                                    
     surface area  to volume ratio, these  microplastics can                                                                    
     become heavily  contaminated and can concentrate  up to                                                                    
     six orders  of magnitude greater than  ambient seawater                                                                    
     with   persistent  bioaccumulative   chemicals.     The                                                                    
     microplastics  that are  ingested  by marine  organisms                                                                    
     therefore pose  a hazard to  human health  because they                                                                    
     could be a significant  route of exposure to endocrine-                                                                    
     disrupting   and  carcinogenic,   or  cancer   causing,                                                                    
     chemicals.   This  is an  especially important  concern                                                                    
     here in Alaska obviously where  we depend on the health                                                                    
     and   safety   of   our  commercial   and   subsistence                                                                    
     fisheries.    I urge  you  to  please  enact HB  14  to                                                                    
     protect   our  fisheries   from   the  insidious   harm                                                                    
     associated with plastic microbeads.                                                                                        
                                                                                                                                
MS.  MILLER,  responding  to  Representative  Seaton,  agreed  to                                                               
provide the committee with a written copy of her testimony.                                                                     
                                                                                                                                
3:07:18 PM                                                                                                                    
                                                                                                                                
STIV WILSON, Director  of Campaigns, The Story  of Stuff Project,                                                               
noted  he  began this  campaign  several  years  ago and  it  was                                                               
originally a market  facing campaign petitioning some  of the big                                                               
producers  like Proctor  & Gamble,  Johnson &  Johnson, The  Body                                                               
Shop, and L'Oreal.  Through a  variety of tactics his project was                                                               
able to get these companies  to agree publically to phase plastic                                                               
microbeads out.  However, they did  not say when they would do it                                                               
or with what.   After further investigation and  seeing about 200                                                               
different  products in  the United  States,  his project  decided                                                               
that a  legislative approach was going  to be the best  course of                                                               
action.  Legislation was introduced  last session in New York and                                                               
California  and  independently   legislation  was  introduced  in                                                               
Illinois.   As the bills in  New York and California  were worked                                                               
through and  some of  industry's definitions  of biodegradability                                                               
were considered,  his project  acknowledged that  large loopholes                                                               
were being  left for so-called biodegradable  plastics that would                                                               
not  biodegrade in  the environment,  as well  as for  other non-                                                               
thermal formed  plastics such  as the  type of  polyester plastic                                                               
used in a cigarette filters.   So, amendments were made to ensure                                                               
that this loophole would be closed.   This was not something that                                                               
the  environmental groups  that worked  on the  bill in  Illinois                                                               
understood as  a loophole and  when his project pointed  that out                                                               
the bill had  already passed.  So, if  those environmental groups                                                               
were to  be asked  now, they  would support  stronger legislation                                                               
like the legislation that Alaska is  considering right now.  On a                                                               
geological timescale,  he explained, everything  is biodegradable                                                               
technically.  His project wants to  ensure that this is done in a                                                               
timely manner.   Even if innovators  do come forward with  a type                                                               
of plastic that will degrade  in the marine environment, there is                                                               
no third party  certification that is applicable to  this.  There                                                               
was  an  American  Society  for   Testing  and  Materials  (ASTM)                                                               
standard in effect  for marine degradability, but  that has since                                                               
been  withdrawn.   His  project  is  therefore looking  for  some                                                               
qualification of what biodegradable is  going to mean and that it                                                               
be  included and,  if included,  then  some sort  of third  party                                                               
oversight  to  ensure  that  these  substitutes  are  safe.    He                                                               
affirmed the comments made in  the previous testimonies regarding                                                               
the  issues with  regard to  persistent organic  pollutant uptake                                                               
and bioavailability to marine organisms.                                                                                        
                                                                                                                                
3:10:56 PM                                                                                                                    
                                                                                                                                
MICHAEL THOMPSON,  Senior Vice  President of  Government Affairs,                                                               
Personal Care  Products Council,  stated he  and Karen  Ross were                                                               
the industry representatives that  really worked on Illinois, New                                                               
York, California,  and others.   He said the committee  has heard                                                               
both  facts and  fiction today.   He  related that  the council's                                                               
members  decided to  get ahead  of this  issue and  have taken  a                                                               
lead,  but there  seems to  be  a backfilling  of folks  creating                                                               
disagreement.   The  concept that  this  is an  industry bill  is                                                               
about  the furthest  thing from  the truth  if anything  is known                                                               
about the state of Illinois or  other states.  That bill was well                                                               
negotiated  over  a  period  of three  months  with  about  15-20                                                               
stakeholders, including  the Illinois attorney  general, Illinois                                                               
Environmental Protection  Agency, and  others.   Defining exactly                                                               
what was  being banned and ensuring  that that was done  was what                                                               
was wanted, and to stay away  from much bigger global issues such                                                               
as  biodegradability,  composting  plastics,  and so  forth.    A                                                               
specific bill was wanted that  banned specific ingredients in the                                                               
products.  This bill passed  unanimously in Illinois and in other                                                               
states, but  it did  not pass  in California or  New York  as was                                                               
earlier alleged  and the council  looks forward to  continuing to                                                               
work on it.   His organization was in Anchorage  last summer when                                                               
the Council  of State  Governments took this  up and  suggested a                                                               
model legislation.   The reason why his organization  was able to                                                               
do this  is because  there is  science, there  is no  evidence on                                                               
either side that supports the  allegations, but industry is doing                                                               
the right  thing.   The concept  brought up  by the  sponsor that                                                               
industry  is going  to  use an  ingredient  biodegradable at  120                                                               
degrees is not  appropriate because it needs  to be biodegradable                                                               
in the product.  This  legislation just simply levels the playing                                                               
field for both domestic and  international companies and what the                                                               
council is looking for is national consistency.                                                                                 
                                                                                                                                
3:13:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON  requested  Mr.   Thompson  to  provide  a                                                               
follow-up letter outlining the fiction that was heard today.                                                                    
                                                                                                                                
MR. THOMPSON agreed to do so.                                                                                                   
                                                                                                                                
3:14:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON inquired whether  offering for sale is the                                                               
equivalent of advertising.                                                                                                      
                                                                                                                                
MR.  THOMPSON  replied  the  concept of  offering  for  sale  was                                                               
language put  in by the regulators  in Illinois who did  not want                                                               
the  added  burden of  having  to  conduct  shelf surveys.    The                                                               
regulators told the  council that they probably  could figure out                                                               
exactly who  would violate  the statute, the  type of  store, the                                                               
type of  product, and  where it  was coming  from, and  that they                                                               
would rather find a pallet load  than finding one bottle.  So, it                                                               
was the  regulators' recommendation to  have it offered  for sale                                                               
and it is offered for sale to a retailer.                                                                                       
                                                                                                                                
REPRESENTATIVE JOHNSON  stated that, in his  opinion, advertising                                                               
toothpaste is offering to sell it.                                                                                              
                                                                                                                                
MR. THOMPSON responded yes, it would also ban that.                                                                             
                                                                                                                                
REPRESENTATIVE  JOHNSON  posed a  scenario  in  which a  national                                                               
commercial for Crest,  which has microbeads in it, is  aired on a                                                               
local television station.  He  asked who is responsible given the                                                               
television station  has the license  and is offering to  sell the                                                               
toothpaste even though it is coming from a national advertiser.                                                                 
                                                                                                                                
MR. THOMPSON answered he cannot  speak for that company, but said                                                               
he understands that company has announced it is phasing it out.                                                                 
                                                                                                                                
REPRESENTATIVE  JOHNSON requested  Mr.  Thompson  to ignore  that                                                               
specific company and answer for any company.                                                                                    
                                                                                                                                
MR. THOMPSON  said he will  consult with the  council's attorneys                                                               
about advertising and get back to the committee with an answer.                                                                 
                                                                                                                                
REPRESENTATIVE JOHNSON  remarked he doesn't  want to put  a local                                                               
television or  radio station  or newspaper  in violation  of this                                                               
even though  someone else has  placed the  ad and the  station or                                                               
newspaper are  not responsible  for the  product in  any fashion.                                                               
Therefore, he said, he would like to receive a legal opinion.                                                                   
                                                                                                                                
3:16:27 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TALERICO  closed public testimony after  ascertaining no                                                               
one else wished to testify.                                                                                                     
                                                                                                                                
3:16:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON pointed  out that page 1,  lines 1-2, state                                                               
contains  "plastic   microbeads",  but  the  definition   is  for                                                               
"synthetic plastic microbeads".  He  said he is drawing attention                                                               
to this to ensure that all the same thing is being talked about.                                                                
                                                                                                                                
3:17:09 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TALERICO held over HB 14.                                                                                              
                                                                                                                                

Document Name Date/Time Subjects
3.9.15 HRES HB 105 Transmittal Letter.pdf HRES 3/9/2015 1:00:00 PM
HB 105
3.9.15 HRES CSHB 105(ENE), version H.pdf HRES 3/9/2015 1:00:00 PM
HB 105
3.9.15 CSHB 105(ENE) Explaination of changes version A to version H.pdf HRES 3/9/2015 1:00:00 PM
HB 105
3.9.15 HRES CSHB 105(ENE) Ver H Sectional Analysis.pdf HRES 3/9/2015 1:00:00 PM
HB 105
3.9.15 HRES HB 105 Fiscal Note.pdf HRES 3/9/2015 1:00:00 PM
HB 105
3.9.15 HRES HB 105 Fact Sheet.pdf HRES 3/9/2015 1:00:00 PM
HB 105
3.9.15 HRES CSHB 105(ENE) FBX North Star Borough R2015-08.pdf HRES 3/9/2015 1:00:00 PM
HB 105
3.9.15 HRES HB 105 News Story Hilcorp not worried about Pentex Purchase.pdf HRES 3/9/2015 1:00:00 PM
HB 105
3.9.15 HRES HB 105 Sectional Analysis.pdf HRES 3/9/2015 1:00:00 PM
HB 105
3.9.15 HRES HB 92 Sponsor Statement.pdf HRES 3/9/2015 1:00:00 PM
HB 92
3.9.15 HRES HB 92 Fiscal Note.pdf HRES 3/9/2015 1:00:00 PM
HB 92
3.9.15 HRES HB 92 Sectional Analysis.pdf HRES 3/9/2015 1:00:00 PM
HB 92
3.9.15 HRES HB 92 GMO Q & A.pdf HRES 3/9/2015 1:00:00 PM
HB 92
3.9.15 HRES HB 14 Sponsor Statement.pdf HRES 3/9/2015 1:00:00 PM
HB 14
3.9.15 HRES HB 14 work draft, version W.pdf HRES 3/9/2015 1:00:00 PM
HB 14
3.9.15 HRES HB 14, version A.pdf HRES 3/9/2015 1:00:00 PM
HB 14
3.9.15 HRES HB 14 Fiscal Note.pdf HRES 3/9/2015 1:00:00 PM
HB 14
3.9.15 HRES HB 14 Sectional Analysis.pdf HRES 3/9/2015 1:00:00 PM
HB 14
3.9.15 HRES HB 14 Graphic Page.pdf HRES 3/9/2015 1:00:00 PM
HB 14
3.9.15 HRES HB 14 News Article.pdf HRES 3/9/2015 1:00:00 PM
HB 14
3.9.15 HRES HB 14 5 Gyres Institute Position Paper.pdf HRES 3/9/2015 1:00:00 PM
HB 14
3.9.15 HRES HB 14 - Oppose Letter.docx HRES 3/9/2015 1:00:00 PM
HB 14
3.9.15 HRES HB 14 CS Explanation of Changes.docx HRES 3/9/2015 1:00:00 PM
HB 14
HB 105 HRES Fairbanks Chamber LOS.pdf HRES 3/9/2015 1:00:00 PM
HB 105
HB 105 HRES - Furie, LLC LOS.pdf HRES 3/9/2015 1:00:00 PM
HB 105
HB 105 HRES Fbks Economic Development Corp. LOS.pdf HRES 3/9/2015 1:00:00 PM
HB 105
HB 105 HRES Fbks North Star Borough Resolution R2015-08 - LOS.pdf HRES 3/9/2015 1:00:00 PM
HB 105
3.9.15 HRES HB 92 D Stevens LOS.pdf HRES 3/9/2015 1:00:00 PM
HB 92
3.9.15 HRES HB 105 - Interior Gas Utility LOS.pdf HRES 3/9/2015 1:00:00 PM
HB 105