BILL NUMBER: AB 1468 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 14, 2003
INTRODUCED BY Assembly Member Pavley
FEBRUARY 21, 2003
An act to add Article 8 (commencing with Section 41985) to Chapter
3 of Part 4 of Division 26 of the Health and Safety Code, relating
to air quality.
LEGISLATIVE COUNSEL'S DIGEST
AB 1468, as amended, Pavley. Air quality: negative air machines.
(1) Existing law designates the State Air Resources Board as the
state agency charged with coordinating efforts to attain and maintain
ambient air quality standards. Existing law designates air
pollution control districts and air quality management districts as
having the primary responsibility for the control of air pollution
from all sources other than vehicular sources, and, subject to the
powers and duties of the State Air Resources Board
state board , requires that districts adopt and enforce
rules and regulations to achieve and maintain the state and federal
ambient air quality standards in all areas affected by emission
sources under their jurisdiction.
This bill would require each negative air machine in the state, as
defined, to be leak tested on the site of any asbestos
abatement project that requires the removal of more than 100 square
feet of asbestos, prior to the commencement of the project
a monthly basis, and would prohibit any negative air machine
from emitting more than 0.01 asbestos fibers per cubic centimeter
. The bill would require the testing of a negative
air machine to be conducted by an independent testing company, and
would prohibit contractors from testing their own equipment. The
bill would require the independent testing company to issue a
certification to the abatement contractor that owns or operates a
machine, and to affix the certification to the negative air machine.
The bill would require each owner or operator to maintain a
copy of a certification for every negative air machine on a worksite,
and would require a owner or operator to maintain testing records on
each negative air machine owned and operated, and to make those
records available to the district. The bill would require the
district with jurisdiction over the area where the asbestos
abatement project occurs owner operator to
enforce the testing and certification requirements. The bill would,
in addition to any other sanctions under existing law, subject any
person who violates any of those requirements to a citation and an
administrative fine in an amount determined by the district. By
imposing additional duties on districts, this bill would impose a
state-mandated local program.
(2) Existing law makes a violation of any provision of the
nonvehicular air pollution control laws in the state, including any
rule, regulation, permit, or order of the state board or a district,
a misdemeanor.
By expanding the scope of a crime, this bill would impose a
state-mandated local program.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 8 (commencing with Section 41985) is added to
Chapter 3 of Part 4 of Division 26 of the Health and Safety Code to
read:
Article 8. Negative Air Machines
41985. The Legislature finds and declares all of the following:
(a) Substantial medical and scientific evidence indicates that
human exposure to asbestos fibers significantly increases the risk of
contracting cancer and other debilitating or fatal diseases,
including, but not limited to, asbestosis. There is no known
threshold level of exposure at which adverse health effects are not
anticipated.
(b) Asbestos materials were commonly used in this state in public
and private schools, state and federal buildings, commercial
buildings, as well as in residential homes and apartments for
fireproofing, soundproofing, decoration, thermal insulation, and
other purposes. As an insulating material and fire retardant,
asbestos is commonly part of plumbing, heating, air
conditioning insulation, and plaster, carpet, tile and roof
materials, masonry, stonework, and concrete work.
(c) Removal or disturbances of materials containing asbestos can
result in the release of airborne asbestos fibers, especially if the
material is reducible to powder by hand pressure. This may result in
exposure of employees and the public to potentially dangerous levels
of asbestos.
(d) Negative air machines are used in asbestos abatement work to
maintain the desired negative pressure inside the abatement
enclosure, provide adequate air changes within the enclosure for
ventilation and worker safety, and to capture asbestos fibers drawn
from inside the abatement enclosure in a HEPA filter.
(e) For the protection of public health from carcinogenic air
emissions, it is vital to ensure that when asbestos abatement is
undertaken, that negative air machines are tested for leaks to ensure
that only clean, asbestos-free air is exhausted to the outside or
recirculated within the building.
41986. For the purposes of this section
article , the following terms have the following meanings:
(a) "HEPA" means a high-efficiency particulate air filter that is
capable of trapping and retaining at least 99.97 percent of all
monodispersed particles of 0.3 micrometer in diameter or larger.
(b) "Negative air machine" means a machine or contrivance whose
primary use is to remove airborne asbestos contaminants from
residential or commercial abatement projects by passing
asbestos-containing air from an isolated work area by means of
negative air pressure to a HEPA filtration system.
41987. (a) (1) Each negative air machine, including,
but not limited to, each air pressure differential unit, make-up air
filter, and vacuum, shall be leak tested on the site of any
asbestos abatement project that requires the removal more than 100
square feet of asbestos, prior to the commencement of the project.
(b) on a monthly basis.
(2) Each leak test shall include a test of the wheel
attachments, control panel, seam and rivets of the housing, and the
HEPA filter.
(c) A leak test shall also be performed after each HEPA filter
change.
(c) A negative air machine may not emit more than 0.01 asbestos
fibers per cubic centimeter.
(d) Testing of a negative air machine shall be conducted by an
independent testing company. Contractors may not test their own
equipment. Upon completing a leak test on a negative air machine,
the independent testing company shall certify the leak test.
(e) The independent testing company shall issue a certification to
the abatement contractor that owns or operates the machine, and
shall affix the certification to the negative air machine. The owner
or operator of the machine shall keep a copy of the
certification on maintain a copy of certification for
every negative air machine used on a work site.
(f) The owner or operator of each negative air machine shall
maintain testing records on each negative air machine owned or
operated, and shall make those records available for inspection by
the district.
(g) Any unit that fails a leak test required by subdivision
(a) shall be repaired on-site or removed from the site and
, removed from any work site, or replaced with a
unit that successfully completes a leak test.
(g) The district with jurisdiction over the area where the
asbestos abatement project occurs
(h) The district with jurisdiction over the owner or operator of a
negative air machine shall enforce the requirements of this
section.
(h)
(i) In addition to any other sanctions under existing law,
any person who violates any of the provisions of this section is
subject to citation and the imposition of an administrative fine by
the district in an amount determined by the district.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because in that regard this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.