BILL ANALYSIS                                                                                                                                                                                                    



                                                               AB 1863
                                                                       

                      SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                        Senator S. Joseph Simitian, Chairman
                              2009-2010 Regular Session
                                           
           BILL NO:    AB 1863
           AUTHOR:     Gaines
           AMENDED:    As introduced
           FISCAL:     Yes               HEARING DATE:     June 28, 2010
           URGENCY:    No                CONSULTANT:       Randy Pestor
            
           SUBJECT  :    HEALTH FACILITY DIESEL GENERATORS

            SUMMARY  :    
           
            Existing law  sets requirements for a health facility to test  
           each of its diesel backup generators that include a  
           requirement for 12 tests annually, and requires collected data  
           to be submitted to the Department of Public Health (DPH) when  
           requested.  These requirements sunset January 1, 2011, and do  
           not affect the authority of the California Air Resources Board  
           (ARB), or an air pollution control district or air quality  
           management district, to regulate diesel backup generators  
           owned by a health facility.

            This bill  extends the above sunset date from January 1, 2011,  
           to January 1, 2016.

            COMMENTS  :

            1) Purpose of Bill  .  According to the author, "The existing  
              Title 22 standard requires a weekly one-half hour test of  
              generators.  This level of testing is not needed, and  
              results in extensive diesel particulate matter being  
              released, along with fines from air quality management  
              districts."

           The author notes that "AB 2216 [(Gaines) Chapter 232, Statutes  
              of 2008] reduced diesel generator testing to monthly  
              intervals.  In non-testing weeks the diesel generator had  
              to be started until the coolant temperature was stabilized  
              (about a ten minute process).  AB 2216 had a sunset  
              provision because the [DPH] Licensing program believed that  
              it could address the issue in regulations prior to the  









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              sunset.  To date the regulations have not been changed,  
              requiring the need to extend the sunset in AB 2216 to  
              2016."

           Finally, according to the author, "Without the extension of  
              the current sunset, the hospitals will be required to  
              revert to regulations under Title 22 which require them to  
              test back-up generators for a half-hour each week. This  
              will increase diesel particulate matter, fuel utilization  
              and wear on the generator and put more strain on the  
              generator.  Additionally, the current Title 22 standard  
              would result in large fines from local air quality  
              management districts."

           According to the South Coast Air Quality Management District,  
              "Extension of the sunset date will allow the monthly  
              testing to continue, as opposed to weekly, which will  
              decrease diesel emissions and reduce toxic risk to the  
              surrounding areas."

            2) Background  .  AB 390 (Montanez) Chapter 676, Statutes of  
              2003, required a health facility to use the most recent  
              standard set by the Joint Commission on the Accreditation  
              of Healthcare Organizations (JCAHO) for testing diesel  
              backup generators.  AB 390 also required the generator to  
              be started at least once during each week that a diesel  
              backup generator is not tested, and sunset January 1, 2009.  
               At that time, JCAHO required monthly testing under certain  
              conditions.  AB 3082 (Committee on Judiciary) Chapter 183,  
              Statutes of 2004, the committee's code maintenance bill,  
              made a technical amendment to this provision.

           AB 2216 (Gaines) Chapter 232, Statutes of 2008, eliminated the  
              reference to the JCAHO standard and weekly testing  
              requirement, added the requirement for testing each diesel  
              generator 12 times a year with testing intervals of not  
              less than 20 days and not more than 40 days, added related  
              requirements, and extended the sunset date from January 1,  
              2009, to January 1, 2011.  AB 1863 extends this sunset date  
              to January 1, 2016.

            SOURCE  :        California Hospital Association  










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           SUPPORT  :       Bay Area Air Quality Management District,  
                          California Air Pollution Control Officers  
                          Association, South Coast Air Quality Management  
                          District  

           OPPOSITION  :    None on file