Sectional Analysis for SB 39

Sectional Analysis for House CS SB 39(JUD)
Reporting of Hazardous Substances

Section 1:

This section adds an immunity to Title 9 protecting the state from strict liability for oil spills or other environmental releases at the REAA schools. Without this change, the state and school districts can each be liable for 100% of damages claimed from environmental problems on school sites, even if they are not at fault in any way or bear only a small portion of the fault. This section was added at the request of DEC, DOE, and the Department of Law and approved by the sponsor as part of the state's response to the Toksook Bay lawsuit.

Section 2:

Deletes reference to AS 18.70.310 - the placarding program within the state fire marshal's office.

Section 3:

Deletes reference to AS 18.70.310 - the placarding program within the state fire marshal's office.

Section 4:

Amends duties of the State Emergency Response Commission to include designating the Department of Environmental Conservation as the agency to accept the Tier II reports on behalf of the Commission as the department has been doing since the SERC was established.

Section 5:

Subsection (a) makes the State Emergency Response Commission (SERC) the agency to approve a form to be used for the reporting of placarding information under a municipal placarding program. This ensures that if the form needs to be changed, this commission can coordinate with all agencies that receive such reports. This section ensures that the muncipality uses the Tier II form, and ensures that changes to that form go through the State Emergency Response Commission.

Section 6:

Subsection (c) refers to the existing MUNICIPAL placarding program (Title 29). Currently under state or federal law, either a municipality or the SERC may add substances to those already required to be reported. This section ensures a public process for adding substances required to be reported. (Under federal law, municipalities may add substances by petitioning the SERC, ensures coordination of reporting and one form. The SERC may add facilities required to report. That decision would be made based on the substances in those facilities.)

Subsection (c)(1) standardizes the substances and their threshold amounts to be reported under a municipal placarding program, and to fire departments and Local Emergency Planning Committees under Emergency Planning and Community Right-to-Know requirements. The "hazard classes" conform to the new classification system passed by Congress in 1993 recognizing the UN Identification system that enables the same classification to be used for national and international shipments of hazardous materials.

Subsection (c)(2) deletes from the municipal placarding program the requirement that businesses report consumer commodities of hazardous materials. These businesses are readily identified by fire departments in Alaska as handling large quantities of consumer commodities. House Judiciary added at the request of the Anchorage Fire Department, a requirement to report compressed gases, which exceeds federal reporting requirements.

Acute hazardous waste and hazardous waste have been deleted at the request of fire departments, who have contended that this information is not useful since it is normally waste oil or a composite of waste barrels. They would prefer to rely on site visits and pre-fire planning to assess these wastes. The reporting is more cumbersome than the benefit to the departments and the information is available from the EPA.

Section 7:

Deletes reference to the state fire marshal's placarding program under AS 18.70.310.

Section 8:

Deletes reference to the Municipality having to obtain placards from the state fire marshal's office. Retains ability for the Municipality to charge fees to compensate for the costs of a Municipal placarding program.

Section 9:

Makes the municipality the agency to provide lists of reportable substances under the Title 29 placarding, and the federal/state Emergency Planning and Community Right-to-Know laws. The single form approved by the SERC is to be used for these reporting purposes.

Section 10:

Subsection (6) makes the Municipal placarding (Title 29) definition of hazardous chemical the same as the definition of hazardous chemical under the Emergency Planning and Community Right-to-Know Act, with the same exceptions as under federal law.

Section 11:

Subsection (7) allows the State Emergency Response Commission to add hazardous materials to the Emergency Planning reporting requirements. Removes the exceptions which are not mentioned in federal law, but which are probably covered by the reference in federal law to "substances capable of posing an unreasonable risk".

Section 12:

Subsection (8) adds in the DEC definition of hazardous waste and allows the SERC to define additional hazardous wastes to be reported under Emergency Planning and Community Right-to-Know requirements. This is to ensure continuity in definitions and reporting thresholds.

Section 13:

Since the state does not have primacy with regard to the Resources Conservation and Recovery Act, the requirement that a transporter of hazardous waste wait over the weekend to mail a copy of a manifest to the DEC is unnecessary. The transporter is still required to meet federal law which requires the manifest accompany the shipment.

Section 14:

Applies strict statutory liability and liability for damages to the amendment in Section 1.

Section 15:

Deletes the fire marshal's placarding program (AS 18.70.310).

Deletes responsibilities of the fire marshal under the Municipal placarding program (AS 29.35.530(b)).

Deletes definition of consumer commodity from definitions section of Municipal placarding program (AS 29.35.590(2)).

Section 16:

The amendment in Section 1 applies only to future claims, not past claims.

Section 17:

Deadline for inventory form to be approved by the SERC.

Sectional Analysis for SB 39
Reporting of Hazardous Substances

Section 1:

Section 2:

Deletes reference to AS 18.70.310 - the placarding program within the state fire marshal's office.

Section 3:

Deletes reference to AS 18.70.310 - the placarding program within the state fire marshal's office.

Section 4:

Subsection (a) makes the State Emergency Response Commission the agency to approve a form to be used for the reporting of placarding information under a municipal placarding program. This ensures that if the form needs to be changed, this commission can coordinate with all agencies that receive such reports.

Section 5:

Subsection (c) refers to the existing MUNICIPAL placarding program. Currently under state or federal law, either a municipality or the SERC may add substances to those already required to be reported. This section ensures a public process for adding or removing substances required to be reported.

Subsection (c)(2) deletes from the municipal placarding program the requirement that businesses report consumer commodities of hazardous materials. These businesses are readily identified by fire departments in Alaska as handling large quantities of consumer commodities. Deleted also is requirement to report compressed gases, which exceeds federal reporting requirements.

Section 6:

Deletes reference to the state fire marshal's placarding program under AS 18.70.310.

Section 7:

Section 8:

Makes the Department of Environmental Conservation the one-stop agency to provide lists of reportable substances under the Municipal placarding, and the federal/state Emergency Planning and Community Right-to-Know laws. DEC would also provide the single form approved by the SERC for these reporting purposes.

Section 9:

Subsection (6) makes the Municipal placarding definition of hazardous chemical the same as the definition of hazardous chemical under the Emergency Planning and Community Right-to-Know Act, with the same exceptions as under federal law.

Section 10:

Section 11:

Section 12:

Applies strict statutory liability and liability for damages to the amendment in Section 1.

Section 13:

Deletes the fire marshal's placarding program (AS 18.70.310).

Deletes responsibilities of the fire marshal under the Municipal placarding program (AS 29.35.530(b)).

Deletes definition of consumer commodity from definitions section of Municipal placarding program (AS 29.35.590(2)).

Section 14:

The amendment in Section 1 applies only to future claims, not past claims.