BILL NUMBER: AB 390	CHAPTERED  10/09/03

	CHAPTER  676
	FILED WITH SECRETARY OF STATE  OCTOBER 9, 2003
	APPROVED BY GOVERNOR  OCTOBER 8, 2003
	PASSED THE ASSEMBLY  AUGUST 28, 2003
	PASSED THE SENATE  AUGUST 25, 2003
	AMENDED IN SENATE  JULY 15, 2003
	AMENDED IN SENATE  JUNE 16, 2003
	AMENDED IN SENATE  JUNE 2, 2003
	AMENDED IN ASSEMBLY  APRIL 3, 2003
	AMENDED IN ASSEMBLY  MARCH 24, 2003

INTRODUCED BY   Assembly Member Montanez

                        FEBRUARY 14, 2003

   An act to add and repeal Section 41514.1 of the Health and Safety
Code, relating to air resources.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 390, Montanez.  Health facilities:  backup generators.
   (1) 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, 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.  Existing law authorizes each district to
establish a permit system that requires, except as specified, that
before any person builds, erects, alters, replaces, operates, or uses
any article, machine, equipment, or other contrivance that may cause
the issuance of air contaminants, the person obtain a permit from
the air pollution control officer of the district.
   Under existing law, the State Department of Health Services
regulates health facilities.
   This bill would require a health facility, as defined, to test its
diesel-powered backup generator as prescribed, and would require a
diesel backup generator to be started once per week when it is not
being tested.  This bill would require a health facility to submit
this data to the department upon the department's request.
  This bill would repeal those provisions as of January 1, 2009.
   Because violation of the requirements of this bill would be a
crime under provisions of existing law, this bill would impose a
state-mandated local program by changing the definition of a crime.
  (2) 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.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 41514.1 is added to the Health and Safety Code,
to read:
   (a) A health facility shall use the most recent standard set by
the Joint Commission on the Accreditation of Healthcare Organizations
for testing diesel backup generators.  During each week that a
diesel backup generator is not tested, the generator shall be started
at least once, with or without load, for a period of time that
allows the coolant temperature to stabilize.
   (b) A health facility shall submit all data collected under this
section to the State Department of Health Services when requested by
the department.
   (c) This section shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2009, deletes or extends
that date.
   (d) For the purposes of this section, "health facility" has the
same meaning as Section 1250, but includes only those facilities
described in subdivisions (a), (b), (c), (d), (f), (g), or (k) of
that section.
   (e) Nothing in this section affects the authority of the State Air
Resources Board or an air quality management district or air
pollution control district to regulate diesel backup generators owned
by a health facility.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because 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.