Enrolled HB 51
LAWS OF ALASKA
2023
Source Chapter No.
HB 51 am S(efd add S) _______
AN ACT
Relating to refrigerants designated as acceptable for use under federal law; relating to
firefighting substances; and providing for an effective date.
_______________
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
THE ACT FOLLOWS ON PAGE 1
-1- Enrolled HB 51
AN ACT
Relating to refrigerants designated as acceptable for use under federal law; relating to 1
firefighting substances; and providing for an effective date. 2
_______________ 3
* Section 1. AS 18.95 is amended by adding a new section to read: 4
Sec. 18.95.020. Use of designated refrigerants. Notwithstanding a provision 5
of the state building code, a refrigerant designated as acceptable for use under 42 6
U.S.C. 7671k may be used in the state if the equipment containing the refrigerant is 7
listed and installed in accordance with the safety standards and use conditions imposed 8
under the designation. In this section, "state building code" has the meaning given in 9
AS 18.56.300(e). 10
* Sec. 2. AS 46.03 is amended by adding a new section to article 5 to read: 11
Sec. 46.03.340. Use of firefighting substances. (a) Notwithstanding 12
AS 46.03.320, a person may not use a firefighting substance that contains a 13
perfluoroalkyl substance or polyfluoroalkyl substance in the state unless the use is 14
Enrolled HB 51 -2-
permitted under (b) of this section or required by federal law. 1
(b) Unless the state fire marshal adopts regulations under (c) of this section 2
requiring use of an alternative firefighting substance, a person may use a firefighting 3
substance that contains a perfluoroalkyl substance or polyfluoroalkyl substance to 4
respond to a fire that originates in relation to oil or gas production, transmission, 5
transportation, or refining in the state. 6
(c) If the state fire marshal determines an alternative firefighting substance 7
listed by an organization recognized by the federal Occupational Safety and Health 8
Administration's Nationally Recognized Testing Laboratory Program is safe and 9
effective, the state fire marshal shall adopt regulations requiring use of the alternative 10
firefighting substance. The regulations must state the proposed effective date of the 11
regulations. 12
(d) The department shall ensure the state accepts for disposal from a person 13
domiciled in a community in the state with a population of less than 2,000 that is off 14
the road system, or a person domiciled in the state who received a firefighting 15
substance that contains a perfluoroalkyl substance or polyfluoroalkyl substance from a 16
partially state funded fire safety project, a firefighting substance that contains a 17
perfluoroalkyl substance or polyfluoroalkyl substance in a quantity not to exceed 40 18
gallons each year. 19
* Sec. 3. Section 2 of this Act takes effect January 1, 2024. 20