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HOUSE CS FOR CS FOR SENATE BILL NO. 67(FIN)
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - SECOND SESSION
BY THE HOUSE FINANCE COMMITTEE
Offered: 5/3/24
Referred: Rules
Sponsor(s): SENATORS KIEHL, Gray-Jackson, Dunbar, Giessel, Claman, Kawasaki, Tobin, Stevens,
Wielechowski
REPRESENTATIVES Galvin, Hannan
A BILL
FOR AN ACT ENTITLED
"An Act relating to firefighting substances; and providing for an effective date." 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
* Section 1. AS 46.03 is amended by adding a new section to read: 3
Article 3A. Firefighting Substances Disposal Reimbursements. 4
Sec. 46.03.135. Firefighting substances disposal reimbursements. (a) A 5
firefighting substances disposal reimbursement program is established in the 6
department. 7
(b) The department shall accept an application for disposal reimbursement on 8
a form provided by the department from a person domiciled in 9
(1) a community in the state with a population of less than 2,000 that is 10
off the road system who received a firefighting substance that contains a 11
perfluoroalkyl substance or polyfluoroalkyl substance; or 12
(2) the state who received a firefighting substance that contains a 13
perfluoroalkyl substance or polyfluoroalkyl substance from a partially state-funded 14
fire safety project. 15 33-LS0148\U
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(c) The department may accept a reimbursement application only if the 1
application provides proper disposal documentation showing compliance with 2
regulations adopted by the department and any other applicable law. 3
(d) The department shall prioritize reimbursements as follows: 4
(1) activities related to the proper disposal of a firefighting substance 5
that contains a perfluoroalkyl substance or polyfluoroalkyl substance, including 6
disposal of the equipment containing the substance; 7
(2) activities related to the proper disposal of firefighting equipment 8
residually contaminated by a perfluoroalkyl substance or polyfluoroalkyl substance; 9
(3) replacement of equipment containing or residually contaminated by 10
a perfluoroalkyl substance or polyfluoroalkyl substance. 11
* Sec. 2. AS 46.03 is amended by adding a new section to article 5 to read: 12
Sec. 46.03.340. Use of firefighting foam. (a) Notwithstanding AS 46.03.320, 13
a person may not use a firefighting foam that contains a perfluoroalkyl substance or 14
polyfluoroalkyl substance in the state unless the use is permitted under (b) of this 15
section or required by federal law. 16
(b) Unless the state fire marshal adopts regulations under (c) of this section 17
requiring use of an alternative firefighting foam, a person may use a firefighting foam 18
that contains a perfluoroalkyl substance or polyfluoroalkyl substance to respond to a 19
fire that originates in relation to oil or gas production, transmission, transportation, or 20
refining in the state. 21
(c) If the state fire marshal determines an alternative firefighting foam listed 22
by an organization recognized by the federal Occupational Safety and Health 23
Administration's Nationally Recognized Testing Laboratory Program is safe and 24
effective, the state fire marshal shall adopt regulations requiring use of the alternative 25
firefighting foam. The regulations must state the proposed effective date of the 26
regulations. 27
* Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 28
read: 29
TRANSITION: REGULATIONS. The commissioner of environmental conservation 30
may adopt or amend regulations as necessary to implement the changes made by this Act. The 31 33-LS0148\U
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regulations take effect under AS 44.62 (Administrative Procedure Act) but not before the 1
effective date of law implemented by the regulation. 2
* Sec. 4. Section 3 of this Act takes effect immediately under AS 01.10.070(c). 3
* Sec. 5. Except as provided in sec. 4 of this Act, this Act takes effect January 1, 2025. 4