Alaska Conservation Voters

Conservation Watch

Alaska Conservation Voters
works to protect Alaska's environment through public education and advocacy, and supports pro-conservation candidates for public office.

Conservation Watch (CW) is a weekly publication of ACV highlighting conservation issues in the AK Legislature.

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Contributing Editors

Sue Ely
Legislative & Communications Manager
sue@akvoice.org

David Rogers
ACV Lobbyist

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ACV- Juneau
419 6th Street, #321
Juneau, AK 99801
(907) 463-3366
(907) 463-2554 fax

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ACV- Anchorage
810 N Street #203
Anchorage, AK 99801
(907) 258-6171
(907) 258-6177 fax

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Web Resources

ACV Legislation Page
Bill position papers, back issues of Conservation Watch, and legislative updates

Legislative BASIS
Current bill text, history & committee schedules

Legislature Homepage
Find Your Legislators, party links, committee lists

State Homepage
Links to state agencies and the Governor

 ACV Homepage

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In This Issue -

• Habitat Returns to Old Home
• Taking on Toxic PBDEs
• Action Briefs
  • On the Move
  • New in Town
  • Calendar - Week of 2-11-08

Habitat Returns to Old Home

We are pleased to report that Governor Palin announced on Tuesday that she will reverse yet another Murkowski-era decision and return the state’s Habitat Division from the Department of Natural Resources (DNR) back to the Department of Fish and Game (ADF&G).

We agree with Governor Palin in her assessment that the responsibilities of Habitat Division are best aligned with the mission of ADF&G. By moving Habitat back to ADF&G, Governor Palin is allowing better communication and avoiding wasteful duplication of efforts. Most important, this realignment will provide greater peace of mind for those of us who respect DNR and the work that they do but feel that DNR’s mission creates an unnecessary and dangerous tension between development goals and responsible environmental stewardship.   The move should be completed by July 1, 2008.

Hats off to the Palin Administration for taking this on and for the courage to do the right thing after a thoughtful, methodical review of their options. We also appreciate their willingness to discuss this divisive issue with the conservation community on several occasions and for listening carefully to our concerns.

Read more here:

• Anchorage Daily News Coverage
• Juneau Empire Coverage
• Governor’s Press Release

Taking on Toxic PBDEs

• What are PBDEs?
• Why Ban PBDEs?
• Alternatives to PBDEs
• Helpful Links

HB271, Flame Retardants and Toxic Chemicals, will have its first hearing this coming Friday at 3pm in the House Labor & Commerce Committee.  This bill, introduced by Representative Andrea Doll and Representative Max Gruenberg would phase out the manufacture and sale of products that contain Polybrominated Diphenyl Ethers (PBDEs) in Alaska.  PBDEs recently gained national attention in a Newsweek article titled “Is IT In Us?” that reported on the 35 Americans from 7 states tested for traces of chemicals.  All 35 participants carried with them significant levels of PBDEs in their fat stores, 5 of those participants were from Alaska.

What are PBDEs?
Polybrominated Diphenyl Ethers (PBDEs) are flame retardant chemicals used in products ranging from mattresses and upholstery to the plastic casings of computers and other electronic devices. When objects containing PBDEs reach extremely hot temperatures, they release atoms called bromines that rob the air of the oxygen needed to start or feed a fire.

There are three commercial produced mixtures of PBDEs, Penta-BDE, Octa-BDE and Deca-BDE.

• Penta-BDE is used primarily in foam products such as seat cushions and other household upholstered furniture as well as in rigid insulation.
• Octa-BDE is used in high-impact plastic products, such as housings for FAX machines and computers, automobile trim, telephone handsets and kitchen appliance casings.
• Deca-BDE is used in plastics, such as wire and cable insulation, adhesives, coatings and textile coatings. Typical end products include housing for television sets, computers, stereos and other electronics and audiotape cassettes. Deca-BDE also is used as a fabric treatment and coating on carpets and draperies. Deca-BDE is not used in clothing. EPA has classified decaBDE as a possible human carcinogen (U.S. EPA 1995).

 

Why Ban PBDEs?
Recent animal studies on PBDEs have shown that they can negatively impact brain development and memory, slow sexual maturation, and reduce sperm counts in adults and cause thyroid functioning. It has also been shown that PBDEs also give off toxic fumes when they are burned.  These toxins are a health risk to firefighters. In fact, the International Association of Fire Fighters (IAFF) has supported banning PBDEs. Approximately 15 million Americans, 5% of the population, have levels of PBDE in their bloodstream in excess of federal health guidelines.  PBDE levels in US populations are 10-100 times higher than the world average and the US levels are doubling every 2-5 years. The levels in countries that have banned PBDEs are decreasing.

 

Scientists are not clear on how they get into the environment but PBDEs are being found in everything from meat and dairy products to fruits and vegetables as well as indoor air and household dust. PBDEs are bioaccumulants and are stored in fat tissue and breast milk.  As PBDEs work their way up the food chain, the concentration increases.  This is especially critical in Alaska as marine mammals collect much higher levels of chemicals because of their large fat stores and pass these chemicals on when eaten.

 

According to the EPA, 11 states—including California, Maine, Michigan and New York—have bans on two major types of PBDEs. Electronic products containing deca were banned in the European Union beginning in the summer of 2006. The European Union had previously decided to delay a ban on deca until 2010; then the EU found that deca-BDE mixtures are contaminated with a form of PBDE that was already banned in Europe. As a result, the EU banned any electronic product containing deca as of July 1, 2006. 

Are there Flame Retardant Alternatives?
There are several alternatives to using PBDEs.  Alternatives include substituting non-brominated chemical additives, substituting materials that don’t require PBDEs and changing the design and construction of products so they are inherently less flammable

(metal, glass, pre-ceramic polymers, Kevlar, leather, and natural fibers including jute, hemp, and wool).

 

Many manufacturers of electronics, mattresses, and furniture have already stopped using PBDEs and are still meeting the highest fire safety standards. Matshushita Kotobuki Electronics Industries, which makes Panasonic brand tv's in Vancouver Washington, has already discontinued use of PBDEs, including deca-BDE.  Dell, Canon, Hewlitt-Packard, Ericsson, Mitsubishi, and Sony have stopped using PBDEs. Mattress companies Sealy, Serta, Simmons and Spring Air, do not use deca or any PBDEs. Fire barriers (many of which are inherently flame retardant) are the preferred approach to meet fire safety standards for mattresses.

 

Thanks to Rep. Doll for putting a spotlight on this important issue!

 

Helpful Links:
Sponsor Statement
EPA PBDE Fact Sheet
Washington State PBDE Info
WA State PBDE Fact Sheet
Toxic Free Legacy Website

On The Move

SB57 Marine Parks Additions/Hunting Allowed - Sen. Elton (D-Juneau)
In the hearing on Friday the Senate Finance Committee passed CSSB57 out of committee with Sen. Elton as Sen. Thomas voting in favor of the bill and Senators Hoffman, Stedman, Olson and Dyson making no recommendation.  The bill has been referred to the Rules Committee where it will await a full vote of the Senate.

HB256/SB176 Active Game Management / Aerial Shooting  - Rules Committee by request of the Governor

HB256 saw a lot of discussion this past week. Introduced by Governor Palin, State Fish and Game officials said they are proposing housekeeping measures designed to merge and simplify two confusing and sometimes conflicting wildlife management laws. Opponents of the bill disagree with the state’s characterization of the bill and fear that the “simplifications” will take away scientific standards, limit public participation and encourage ideologically motivated decision making by the Board of Game   According to the ADN, the aerial shooting program has killed 700 wolves with a goal of reducing wolf populations in certain areas by 80% annually. After three hearings, the House Resources Committee voted to move a committee substitute of HB256 on to its next committee - House Judiciary - with one clarifying change. 

ADN Coverage on issue

HB 267 Wildlife Violator Compact - Rep. Johnson (R-Anchorage) | Rep. Dahlstrom (R-Anchorage) |Rep. Wilson (R-Wrangell)| Rep. Buch (D-Anchorage) | Rep. Chenault (R-Nikiski) | Rep. Ramras (R-Fairbanks)

This bill authorizes Alaska to join with 26 other states in entering into the Wildlife Violator Compact (WVC) that allows the revocation of appropriate licenses in Alaska for failure to comply with the terms of a wildlife resource citation issued in another state that is a party to the compact.  The bill had three hearings in the House Resources Committee before a committee substitute was moved on to its next committee, House Finance.  The committee substitute includes an exemption for commercial fishing and big game commercial hunting services. It also defines “wildlife” and makes it clear that the compact doesn’t supersede state law. In favor of passing the CS were Representatives Seaton, Fairclough (who signed on as a co-sponsor) Gatto and Johnson.

HB 268 Damaging a Vehicle on Public Land by Starting a Fire or Causing an Explosion – Rep. Stoltze (R-Chugiak) | Rep. Lynn (R-Anchorage) | Rep. Ramras (R-Fairbanks) | Rep. Gatto (R-Palmer) | Rep. Crawford (D-Anchorage)

The bill would make intentionally burning or exploding cars on state or municipal land a Class C felony - arson in the third degree.  It addresses a longstanding concern of many users of public lands in Alaska. After just one hearing, HB268 was passed out of Judiciary on Friday and has been referred to the House Rules Committee. ACV supports this bill.

HB 336 Susitna Hydroelectric Project - Rep. Johnson (R-Anchorage), Rep. Harris (R-Valdez) | Rep. Ramras (R-Fairbanks)| Rep. Kelly (R-Fairbanks)

While a committee substitute for HB336 was moved out of the House Resource Committee on Friday there were still lingering questions about the purpose and scope of the bill.  Much of the discussion revolved around why the Susitna project originally failed, whether the study would encompass more hydroelectric possibilities than just Susitna and what “appropriately sized” means.  HB336 directs the Alaska Energy Authority (AEA) to study the potential of a Susitna hydroelectric power project and prepare a proposal for an ‘appropriately sized Susitna hydroelectric project.”  Making closing remarks, Representative Seaton highlighted the importance of considering not only the cost of hydro power but also the important climate and emissions benefits of renewable technologies. The bill gives the AEA over a year to complete a study of Susitna hydroelectric power project. An amendment offered by Rep. Seaton and adopted by the committee requires an early look at potential “drop dead” issues. Any identified problem in an interim report could be used as basis to terminate the study. A similar but more detailed bill, introduced by Senator Joe Thomas of Fairbanks, is scheduled for a hearing in the Senate this week.

HB 347 Regional Cruise Ship Impact Committee - Rep. Thomas (R-Haines) | Rep. Doll (D-Juneau)
HB347 was introduced last week to create the Regional Cruise Ship Impact Fund Advisory Committee. This bill describes the positions on the committee and their duties.  It was referred to House Finance Committee where it will have a hearing tomorrow (Tuesday) at 1:30pm in House Finance Room 519.

HJR 31 Oppose Fed. Law Re: Aerial Hunting – Rep. Keller (R-Wasilla) | Rep. Wilson (R-Wrangell) | Rep. Johnson (R-Anchorage)
HJR 31 was introduced as a vehicle to send a message from the Alaska Legislature to the US Congress to oppose the enactment of the Protect America's Wildlife Act of 2007. This act would prohibit aerial hunting of wildlife, which the sponsors of HJR31 see as essential for predator control in Alaska. It will have its first hearing on Wednesday at 1pm in Barnes Room 124.

SB161/ HB243 Coastal Management Program  - Sen. Olson (D-Nome)

Introduced late last session, SB161 deals with the Alaska coastal management program to ensure that the objective of the program includes the protection of subsistence values. Additionally, the measure requires DEC to provide notice and an opportunity for public comment before making any findings when reviewing activities that do not normally require a DEC permit or approval. A committee substitute that re-establishes the Alaska Coastal Policy Council was passed and will be heard next in the Senate Resources Committee. Senators Olson, Thomas, and Kookesh voted to pass the bill out of committee. Senators Stevens and Wagoner voted No Recommendation.

There appeared to be strong local support for the measure which increases public involvement but questions were raised during testimony regarding the exact role of the Council and the implications of bringing DEC permits back into the full CZM process. Meanwhile, Commissioner Irwin has said the Administration will take a hard look at the issues and come back in a year with recommendations; similar to how they handled the habitat decision. But Senator Olson says the state is moving too slow - his constituents now have little say in large development projects and are at risk, especially in the Chuckchi Sea.

ADN Coverage

SB216 Purple Heart Trail - Sen. Ellis (D-Anchorage)
"An Act designating the Alaska Highway and portion of the Richardson Highway as the Purple Heart Trail." It passed out of the Transportation Committee but was given a referral to Senate Finance Committee.  No Finance hearing has been scheduled.

New In Town

HB 348 Board of Game Regulations - Rep Keller (R-Wasilla)
Rep. Keller introduced Sponsor Substitute for HB 348.  The bill tries to clarify that the Board of Game is working with an allocation of an asset when they manage wildlife populations for abundance.  It has been referred to House Resources and House Finance Committees and will have a hearing on Wednesday, February 13 at 1pm in Barnes Room 124. 

HB 349 - Attorney Fees for Frivolous Claims – Rep. Chenault (R-Nikiski)
This bill would award attorney fees in ‘frivolous, groundless, or vexatious actions, appeals, and cross-appeals.’ It would also amend Rule 82, Alaska Rules of Civil Procedure and Rule 508(e), Alaska Rules of Appellate Procedure." It received referrals to House Judiciary and Finance Committees. 

HB 352 Board of Game Rep. Keller (R-Wasilla)
HB352 changes the rules surrounding the timing of appointments relative to existing terms and replacement of Board of Game members.  If passed, the changes go into effect immediately. It received Resources and Finance Committee referrals. This bill is similar to SB253 introduced by Senator Huggins.

HB 355 Disclosure of Contributions: Initiatives – Rep. Johansen (R-Ketchikan) | Rep. Johnson (R-Anchorage) | Rep. Samuels (R-Anchorage) | Rep. Wilson (R-Wrangell)
HB355 would require the disclosure of the identity of certain persons, groups, and nongroup entities that expend money in support of or in opposition to ballot initiatives and the aggregate amounts of significant contributions or expenditures made by those persons, groups, and nongroup entities.  It was referred to House Judiciary and House Finance Committees and will have its first hearing this Wednesday, February 13^th at 1pm in House Judiciary.

SB 226 Vexatious Litigants – Introduced by the Judiciary
SB26 relates to litigation brought by a vexatious litigant; amending Rules 3, 4, 12, and 41, Alaska Rules of Civil Procedure.  It will first be heard in Senate Judiciary Committee on Monday at 1:30pm. 

SB229 Tanana Valley Forest/Minto Flats Refuge - Sen. Thomas (D-Fairbanks)

SB299 transfers certain portions of Tanana Valley State Forest land to the Minto Flats State Game Refuge. It will have its first hearing on Saturday, February 16^th at 11am in Senate Resources Committee.

SB 253 Board of Game – Sen. Huggins (R-Wasilla)

SB253 changes the rules surrounding the timing of appointment relative to existing terms and replacement of Board of Game members.  If passed, the changes go into effect immediately.  The bill received only a Senate Resource Committee referral and will be heard for the first time this coming Saturday at 11:00 AM in Butrovich Room 205. 

Calendar: Week of February 11, 2008