BILL ANALYSIS
AB 1863
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Date of Hearing: March 23, 2010
ASSEMBLY COMMITTEE ON HEALTH
William W. Monning, Chair
AB 1863 (Gaines) - As Introduced: February 12, 2010
SUBJECT : Diesel generators: health facilities.
SUMMARY . Extends until January 1, 2016 the existing
requirements that health facilities use standards, consistent
with those currently set by The Joint Commission (formerly the
Joint Commission on Accreditation of Healthcare Organizations,
for testing diesel backup generators and submit to the
Department of Public Health (DPH) all related data collected
about generator operation, upon request.
EXISTING LAW :
1)Requires a health facility to 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. Requires that tests
be conducted for at least 30 continuous minutes pursuant to
either of the following:
a) A dynamic load that is at least 30% of the nameplate
rating (initial capability as stated on the nameplate) of
the generator; or,
b) A test conducted at less than 30% 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. Requires these activities to
include inspection procedures for assessing the prime
mover's exhaust gas temperature against the minimum
temperature recommended by the manufacturer.
2)Requires if a diesel backup generator cannot be tested
pursuant to the requirements of either 1) a) or b) above, it
must be tested for 30 continuous minutes at intervals of not
less than 20 days and not more than 40 days with available
Emergency Power Supply Systems load and tested annually with
supplemental loads of all of the following in the following
order for a total of two continuous hours:
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a) Twenty-five percent of nameplate rating for 30 minutes;
b) Fifty percent of nameplate rating for 30 minutes; and,
c) Seventy-five percent of nameplate rating for 60 minutes.
3)Requires health facilities to submit all data collected about
diesel backup generator operation to DPH, upon request.
4)Sunsets the requirements in 1), 2), and 3) above on January 1,
2011.
5)Requires the California Air Resources Board (CARB) to develop
a program to reduce pollution from diesel engine particulate
matter emissions.
6)Authorizes each air pollution control district (air district)
to 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.
7)Authorizes each air district to require a person to obtain a
permit from the air district prior to building, erecting,
altering, replacing, operating, or using any article, machine,
equipment, or other contrivance that may cause air
contamination.
8)Provides, through regulation, that specified health facilities
maintain back-up generators to provide emergency lighting and
power supplies in case of a power failure.
FISCAL EFFECT : This bill has not been analyzed by a fiscal
committee.
COMMENTS :
1)PURPOSE OF THIS BILL . According to the author, without the
extension of the sunset in current law, health facilities will
be required to revert to outdated regulations under Title 22,
which require weekly testing of backup diesel generators. The
author maintains that reducing the testing of diesel backup
generators conserves energy and fuel, reduces the total amount
of diesel particulate matter emitted by these generators, and
lessens the wear on generators. Additionally, the author
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maintains that the practice of testing diesel backup
generators weekly could put health facilities at odds with the
requirement of local air quality management districts and
expose them to significant fines.
2)BACKGROUND . Health facilities are required to maintain backup
generators to provide emergency lighting and power supplies in
case of a power failure. In 2003, the California Healthcare
Association (now the California Hospital Association (CHA))
sponsored AB 390 (Montanez), Chapter 676, Statutes of 2003, to
address concerns that hospitals were over-testing their diesel
backup generators, resulting in unnecessary pollution. Prior
to 2003, the requirements for testing generators in California
health facilities were mandated under 25-year old Title 22
regulations which require a weekly one-half hour test of
generators. Following hurricane Katrina, The Joint
Commission, the nation's largest health care accrediting
entity, studied diesel generator problems and revised its
diesel testing standards. The Joint Commission determined
that monthly testing under certain specified conditions
regarding duration and load was appropriate. AB 390
(Montanez) aligns California with The Joint Commission
standards and establishes a sunset date of January 1, 2009 and
AB 2216 (Gaines), Chapter 232, Statutes of 2008, extends the
AB 390 sunset date to January 1, 2011 with the expectation
that the Licensing and Certification Division of the
Department of Health Services (now DPH) would address this
issue in regulation prior to the sunset. To date, DPH has not
addressed this issue by revising the section of the Title 22
regulations pertaining to backup diesel generator testing.
However, DPH has indicated that they anticipate that the
revised regulations can be promulgated by 2016. Health
facilities subject to the AB 390 and AB 2216 requirements
include acute care hospitals, acute psychiatric hospitals,
skilled nursing facilities, intermediate care facilities,
special hospitals, intermediate care facilities for the
developmentally disabled, and nursing facilities.
3)HARMFUL EFFECTS OF DIESEL PARTICULATE MATTER . Diesel engines
emit a complex mixture of air pollutants, including
particulate matter. In 1998, CARB identified diesel
particulate matter as a toxic air contaminant based on its
potential to cause cancer and other adverse health effects.
In addition to particulate matter, emissions from diesel
engines include over 40 other cancer-causing substances. A
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report issued in 2002 by the Environmental Defense Fund
estimates that the cancer risk from diesel exhaust is about
ten times higher than from all other toxic air effects on the
respiratory, neurological, and immune systems, especially for
vulnerable groups such as children and people who are ill and
at a higher risk of injury and illness due to exposure to
diesel exhaust.
4)SUPPORT . CHA, the sponsor of this legislation, states that
current law was modified in 2003 through AB 390 (Montanez) and
subsequently in 2008 with AB 2216 (Gaines) in response to
concerns that hospitals were, in accordance with 25-year-old
regulations, over-testing their backup generators. CHA argues
that this bill clearly states the current requirements under
industry accreditation guidelines and will reduce diesel
particulate matter in the environment and provide a clear
testing path for facilities.
5)PREVIOUS LEGISLATION :
a) AB 390 (Montanez) reduced the testing frequency for
testing diesel back-up generators of health facilities and
aligned California law with The Joint Commission standards
governing this type of testing.
b) AB 2216 (Gaines) extended until January 1, 2011, a
requirement that health facilities meet the most recent
standards set by The Joint Commission for testing of backup
diesel generators.
REGISTERED SUPPORT / OPPOSITION :
Support
The California Hospital Association (sponsor)
Opposition
None on file.
Analysis Prepared by : Tanya Robinson-Taylor / HEALTH / (916)
319-2097