BILL ANALYSIS
AB 1468
Page 1
ASSEMBLY THIRD READING
AB 1468 (Pavley)
As Amended May 14, 2003
Majority vote
NATURAL RESOURCES 8-3 APPROPRIATIONS 18-7
(vote not
available)
-----------------------------------------------------------------
|Ayes:|Jackson, Hancock, Koretz, | | |
| |Laird, Lieber, Lowenthal, | | |
| |Montanez, Wolk | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|La Malfa, Harman, Keene | | |
| | | | |
-----------------------------------------------------------------
SUMMARY : Requires negative air machines, which are used in
asbestos abatement projects, to be leak tested prior to use on
any asbestos removal site of more than 100 square feet of
asbestos. Specifically, this bill :
1)Requires each negative air machine in the state 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.
2)Requires a negative air machine test to be conducted by an
independent testing company.
3)Prohibits contractors from testing their own negative air
machines.
4)Requires an independent testing company to issue a
certification to the abatement contractor that owns or
operates the machine, and to affix the certification to the
machine.
5)Requires the air district with jurisdiction over the area
where an asbestos abatement project occurs to enforce testing
and certification requirements.
6)Subjects any person who violates the requirements of this bill
to citation and administrative fine, as determined by the air
AB 1468
Page 2
district.
FISCAL EFFECT : According to the Assembly Appropriation
Committee, there will be moderate statewide costs, perhaps
$500,000 in fiscal year (FY) 2003-2004, to local air districts
to implement negative air machine testing requirements and
enforcement. These costs are covered by revenue generated from
fees local air districts are authorized to impose on the
regulated community. 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 abatement projects contracted out by these agencies.
Costs to local agencies are reimbursable from the state.
(General Fund, bond funds, and various special funds.)
COMMENTS : Asbestos fibers are known to potentially increase the
risk of cancer and other debilitating or fatal diseases, such as
asbestosis. Because of its effectiveness and relatively low
cost, asbestos was commonly used for fireproofing,
soundproofing, and thermal insulation in schools, residential
homes, and government and commercial buildings. However, due to
the potential health effects, its use has been significantly
curtailed in the last few decades. Nonetheless, many buildings
still in use contain asbestos.
Undisturbed, asbestos poses no apparent harm. However, when
renovation or demolition are necessary, asbestos can be become
airborne and present itself as a potential human health hazard,
entering the body through inhalation. As a result, asbestos
remediation is a typical part of the destruction or renewal of
older structures.
According to the author's office, negative air machines are used
in asbestos abatement work to maintain a desired negative
pressure inside an abatement enclosure, provide adequate air
changes within the closure for ventilation and worker safety,
and to capture asbestos fibers drawn from inside the closure in
a high-efficiency particulate air (HEPA) filter. The author's
office believes that 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.
The removal process initially requires enclosing the hazardous
room, trapping all the airborne asbestos. Then, using a
AB 1468
Page 3
negative air machine to suck the contaminated air, a HEPA filter
catches the asbestos fibers and blows clean air out of the
enclosure. HEPA filters are required to be tested at the time
of their manufacture and be at least 99.97% efficient for the
removal of all airborne particulate matter 0.3 micrometers in
diameter or larger. This process is used in asbestos abatement,
as well as nuclear contamination and lead abatement, and for
areas where clean and particulate free air is essential such as
surgical facilities, tuberculosis wards, clean rooms and
computer rooms.
According to the author's office, while the filter is tested
during its manufacture process, without recurrent testing, there
is no guarantee it will continue to remove 99.97% of the
airborne matter. HEPA filters are very successful when
functioning properly, but also remain susceptible to breaches
and misalignment. The filter, which is placed on a negative air
machine similar to a cover being placed over a cooking pot to
keep heat in, can be jarred or ceded during the abatement
process or while the negative air machine is in movement. This
can occur when the negative air machine, moving between
abatement locations, is jarred by a bump while sitting in a
truck bed. Such little movement can cause the filter to
misalign, creating a breach which makes the HEPA filter
ineffective. Furthermore, the negative air machine must be
continually tested for damage to the seals, rivets, and screws
that hold it together. Damage to these parts of the negative
air machine can allow asbestos filled air to re-circulate within
the abatement enclosure.
The author's office states that without the HEPA filter and
sturdy rivets and screws serving as successful deterrents,
airborne fibers can freely move wherever the negative air
machine blows air. The unintended consequence leaves workers
(without protective gear) outside the enclosure vulnerable to
asbestos inhalation, and also students, employees, residents or
hospital patients who will later use the room where air is sent.
Leaks resulting from damage to rivets and screws will also
allow asbestos-filled air to continue circulating within the
room attempting to be abated.
Analysis Prepared by : Scott H. Valor / NAT. RES. / (916)
319-2092 FN: 0001247