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 AB 1863 Page 2 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 AB 1863 Page 3 SUPPORT : Bay Area Air Quality Management District, California Air Pollution Control Officers Association, South Coast Air Quality Management District OPPOSITION : None on file