BILL ANALYSIS AB 635 Page 1 Date of Hearing: May 6, 2009 ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION Curren D. Price, Chairman AB 635 (V. Manuel Perez) - As Amended: April 2, 2009 SUBJECT : Fire protection: air purifying devices SUMMARY : Provides that a state or local agency shall not prohibit a firefighter from using an air purifying device during a wildfire. Specifically, this bill : 1) A state or local agency, including a city, county, city and county, or district, shall not prohibit a firefighter from using an air purifying device during a wildland fire [Health and Safety Code Section 13065]. EXISTING LAW 1) Establishes the State Board of Fire Services in the Office of the State Fire Marshal (SFM). 2) Requires the board to recommend the establishment of minimum standards with respect to specified elements of fire protection, including fire equipment. FISCAL EFFECT : This bill is keyed non-fiscal. COMMENTS : Purpose of the bill . According to the sponsor, this bill would provide firefighters the right to wear respiratory protection, in the form of an anti-pollution scarf and other related accessories, during the course of their duty in fighting or controlling outdoor wildfires (i.e. woodlands, forests, grasslands, brush, and prairies). The sponsor maintains that the use of air purifying respirators could reduce harmful constituent exposures listed under the California Division of Occupational Safety and Health (Cal-OSHA) standards to more acceptable levels for firefighters and their safety. Background . According to the author, wildfires are a growing hazard in most regions of the United States, especially in California. In the past few years, California has seen some AB 635 Page 2 devastating wildfires that have threatened life and property. For example, in Shasta and Trinity County, one wildfire consumed 86,500 acres. In 2008 alone, Southern California counties such as Los Angeles, San Diego, San Bernardino, Santa Barbara, and Ventura have all experienced devastating wildfires that have injured people, damaged property, and spread hazardous material into the atmosphere. The author summarizes, "Our firefighters provide a rapid response to fight these wildfires." Firefighters face varying levels of risk for smoke inhalation, which depends on the intensity of the fire, their proximity to the fire, their activity, weather conditions, and the terrain. Such inhalation exposes them to smoke, gases, and even particulate matter that are deemed extremely harmful to a person's health and well being. Smoke is composed mainly of carbon dioxide, water vapor, carbon monoxide, particulate matter, hydrocarbons, nitrogen oxides, trace minerals, and thousands of other compounds. Particulates are the principle pollutant of concern, because they can be inhaled into the deepest recesses of the lungs. Hot smoke and gases are another concern because they can burn the passages of the nose, airways, and lungs. Additionally, higher levels of carbon monoxide exposure can also lead to headaches, dizziness, visual impairment, and death. Any equipment used by firefighters, while performing their duties, must first be approved by regulatory agencies. Examples of regulatory agencies for firefighters are the Cal-OSHA, Department of Weights and Measures, and the California State Fire Marshall. Cal-OSHA creates standards for safety equipment and develops safety procedures for specific workplace environments that are deemed hazardous. Specifically, Cal-OSHA provides that any person may voluntarily wear a respiratory device as long as their exposure surpasses the set Permissive Exposure Levels (PEL). PEL is the minimum level of particulates before Cal-OSHA suggests the usage of an air purifying device. Currently, there is no explicit statute that allows firefighters to use air purifying respiratory devices while battling a wildland fire. Due to the lack of authorization from the legislature to use air purifying devices, certain fire departments have prohibited their firefighters from properly equipping themselves. This holds true even if the firefighter has purchased a purifying device. AB 635 Page 3 AB 635 does not mandate firefighters to use air purifying devices during a wildland fire. This bill provides our state's firefighters with the option to use such devices if they wish to further protect themselves. REGISTERED SUPPORT / OPPOSITION : Support California State Firefighters' Association, Inc. (sponsor) Opposition None on file Analysis Prepared by : Rod Brewer / G. O. / (916) 319-2531