BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1468
                                                                  Page  1

          Date of Hearing:   May 28, 2003

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                              Darrell Steinberg, Chair

                    AB 1468 (Pavley) - As Amended:  May 14, 2003 

          Policy Committee:                              Natural Resources  
                       Vote:                            8-3

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              Yes

           SUMMARY  

          This bill establishes a testing protocol for negative air  
          machines (NAMs), devices used in asbestos abatement work to  
          maintain negative pressure inside the abatement enclosure.   
          Specifically, this bill:

          1)Each NAM must be leak tested on a monthly basis, including a  
            test of the wheel attachments, control panel, seam and rivets  
            of the housing and the high-efficiency particulate air (HEPA)  
            filter.

          2)Prohibits the NAM from emitting more than 0.01 asbestos fibers  
            per cubic centimeters.

          3)Requires NAM testing to be conducted by an independent testing  
            company, and requires a testing company to issue a  
            certification to the abatement contractor and affix it to the  
            NAM.

          4)Requires the NAM owner or operator to maintain a copy of the  
            certification for every NAM used on a work site, and to  
            maintain and make testing records available for inspection by  
            the local air district.

          5)Requires any NAM that fails a leak test to be repaired,  
            removed from the work site, or replaced.

          6)Requires the appropriate air districts to enforce all of the  
            above, and subjects violators to citation and administrative  
            fines determined by the district.









                                                                  AB 1468
                                                                  Page  2

           FISCAL EFFECT  

          1)Moderate statewide costs, perhaps $500,000 in FY 2003-04, to  
            local air districts to implement NAM testing requirements and  
            enforcement.  These costs are covered by revenue generated  
            from fees local air districts are authorized to impose on the  
            regulated community.

          2)Moderate potential costs, perhaps $200,000 annually starting  
            in FY 2004-05, to various state agencies, school districts,  
            and local agencies to the extent this new testing and  
            certification requirement increases the costs of asbestos  
            abatement projects contracted out by these agencies.  Costs to  
            local agencies are reimbursable from the state.  (GF, bond  
            funds, and various special funds.)


           COMMENTS 

           Rationale  .  The author believes it is vital that NAMs be tested  
          frequently to better ensure that only clean, asbestos-free air  
          is exhausted to the outside or recirculated within the building.  
           The author notes that, while a NAM's HEPA filter is tested  
          during the manufacturing process, without recurrent testing,  
          there is no guarantee it will continue to remove 99.97% of any  
          airborne matter

           Analysis Prepared by  :    Steve Archibald / APPR. / (916)  
          319-2081