BILL NUMBER: AB 1863 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 5, 2010
PASSED THE ASSEMBLY APRIL 22, 2010
INTRODUCED BY Assembly Member Gaines
FEBRUARY 12, 2010
An act to amend Section 41514.1 of the Health and Safety Code,
relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 1863, Gaines. Diesel generators: health facilities.
(1) Existing law requires a health facility, as defined, to test
its diesel-powered backup generators 12 times a year with testing
intervals of not less than 20 days and not more than 40 days, and in
accordance with specified test procedures. Violation of these
requirements constitutes a crime. These requirements will be repealed
on January 1, 2011.
This bill would extend this repeal date to January 1, 2016.
By extending the operation of provisions a violation of which
would constitute a crime, this bill would create a state-mandated
local program.
(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 of the Health and Safety Code is
amended to read:
41514.1. (a) A health facility shall test each of its diesel
backup generators 12 times a year with testing intervals of not less
than 20 days and not more than 40 days. The tests shall be conducted
for at least 30 continuous minutes pursuant to either of the
following:
(1) A dynamic load that is at least 30 percent of the nameplate
rating of the generator.
(2) A test conducted at less than 30 percent of the nameplate
rating of the generator, if the health facility revises its existing
documented management plan to conform with the National Fire
Protection Association 110: Standard for Emergency and Standby Power
Systems, 2005 edition, testing and maintenance activities. These
activities shall include inspection procedures for assessing the
prime mover's exhaust gas temperature against the minimum temperature
recommended by the manufacturer.
(b) If a diesel backup generator cannot be tested pursuant to the
requirements of either paragraph (1) or (2) of subdivision (a), it
shall be tested for 30 continuous minutes at intervals described in
subdivision (a) with available Emergency Power Supply Systems (EPSS)
load and tested annually with supplemental loads of all of the
following in the following order for a total of two continuous hours:
(1) Twenty-five percent of nameplate rating for 30 minutes.
(2) Fifty percent of nameplate rating for 30 minutes.
(3) Seventy-five percent of nameplate rating for 60 minutes.
(c) A health facility shall submit all data collected under this
section to the State Department of Public Health when requested by
the department.
(d) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
(e) For the purposes of this section, "health facility" has the
same meaning as Section 1250, but includes only those facilities
described in subdivision (a), (b), (c), (d), (f), (g), or (k) of that
section.
(f) Nothing in this section affects the authority of the state
board or a 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.