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