Legislature(2011 - 2012)

2012-04-13 Senate Journal

Full Journal pdf

2012-04-13                     Senate Journal                      Page 2229
HB 258                                                                                                                        
The Finance Committee considered CS FOR HOUSE BILL                                                                              
NO. 258(FIN) "An Act directing the Department of Transportation and                                                             
Public Facilities to develop and implement standards and operating                                                              
procedures, to evaluate site-specific use plans, and to designate project                                                       
areas concerning gravel or other aggregate material containing                                                                  

2012-04-13                     Senate Journal                      Page 2230
naturally occurring asbestos; authorizing use on an interim basis of                                                            
gravel or other aggregate material containing naturally occurring                                                               
asbestos for certain transportation projects and public facilities;                                                             
providing immunity for the state and for landowners, extractors,                                                                
suppliers, transporters, and contractors for certain actions or claims                                                          
arising in connection with the use of gravel or aggregate material                                                              
containing naturally occurring asbestos in certain areas; requiring                                                             
contractors to report certain asbestos-related data to the Department of                                                        
Transportation and Public Facilities; and providing for an effective                                                            
date" and recommended it be replaced with                                                                                       
                                                                                                                                
             SENATE CS FOR CS FOR HOUSE BILL                                                                                    
             NO. 258(FIN)                                                                                                       
                                                                                                                                
and further recommended the adoption of the following Letter of                                                                 
Intent/Legislative Findings:                                                                                                    
                                                                                                                                
               Letter of Intent/Legislative Findings and Purpose                                                               
                                                                                                                                
             The Legislature finds that                                                                                     
                                                                                                                                
             (1) gravel or similar aggregate material is constantly                                                             
                    in demand for major construction and                                                                        
                    maintenance of state and local transportation                                                               
                    projects and public facilities and for all types of                                                         
                    construction by public and private entities;                                                                
                                                                                                                                
             (2) naturally occurring asbestos may be found in                                                                   
                    sources of gravel and similar aggregate material                                                            
                    throughout the state;                                                                                       
                                                                                                                                
             (3)  while airborne asbestos fibers are a significant                                                              
             threat to workplace safety and public health and are                                                               
             subject to close regulation by federal and state                                                                   
             authorities under U.S.C. 7401 - 7671q (Clean Air                                                                   
             Act) and 15 U.S.C. 2601 - 2692 (Toxic Substances                                                                   
             Control Act), use of materials containing naturally                                                                
             occurring asbestos in construction projects may be                                                                 
             regulated by states;                                                                                               
                                                                                                                                

2012-04-13                     Senate Journal                      Page 2231
             (4)  in communities that do not have sources of                                                                    
             gravel or similar aggregate material that is free of                                                               
             naturally occurring asbestos, costs of construction are                                                            
             substantially increased because of the necessity of                                                                
             locating alternative sources of gravel or similar                                                                  
             aggregate material and transporting that material to                                                               
             distant construction and maintenance sites; and                                                                    
                                                                                                                                
             (5)  a recent study suggests that, with careful use and                                                            
             close adherence to appropriate control strategies,                                                                 
             state and local transportation projects and public                                                                 
             facilities may be safely completed using sources of                                                                
             gravel or similar aggregate material that contains                                                                 
             naturally occurring asbestos; the study recommends                                                                 
             that the Department of Transportation and Public                                                                   
             Facilities establish standards and operating                                                                       
             procedures through a statewide process that will                                                                   
             apply to the use of gravel and aggregate material that                                                             
             contains asbestos by the department and by any                                                                     
             public or private entity.                                                                                          
                                                                                                                                
             It is the purpose of this Act                                                                                  
                                                                                                                                
             (1)  to authorize and direct the Department of                                                                     
             Transportation and Public Facilities to develop,                                                                   
             implement, and, as circumstances may require or                                                                    
             indicate, modify standards and operating procedures                                                                
             to allow the use in the construction and maintenance                                                               
             of transportation projects and public facilities in                                                                
             certain areas of the state of gravel or aggregate                                                                  
             material that contains naturally occurring asbestos,                                                               
             with the expectation that use of that material in a                                                                
             manner that is consistent with those standards and                                                                 
             procedures may avoid significant risk to human                                                                     
             health and eliminate significantly higher costs of                                                                 
             construction and maintenance of projects and                                                                       
             facilities associated with using only construction                                                                 
             material that is free of asbestos;                                                                                 
                                                                                                                                
                                                                                                                                

2012-04-13                     Senate Journal                      Page 2232
             (2)  to establish that a person that uses gravel that                                                              
             contains naturally occurring asbestos in certain areas                                                             
             of the state may prepare specific project plans that                                                               
             conform to requirements of this Act and the                                                                        
              department's standards and operating procedures; and                                                             
                                                                                                                                
             (3)  to shield persons and the state, including its                                                                
             agencies, officers, and employees, under certain                                                                   
             conditions, from liability based on exposure to                                                                    
             naturally occurring asbestos.                                                                                      
                                                                                                                                
             (4)  This Act creates a voluntary program in certain                                                               
             areas of the state and provides civil immunity for the                                                             
             use of gravel or other aggregate material that contains                                                            
             naturally occurring asbestos for contractors meeting                                                               
             the requirements of the program; nothing in this Act                                                               
             mandates a contractor to submit a site-specific plan                                                               
             or to adhere to the requirements of a plan approved                                                                
             by the department.                                                                                                 
                                                                                                                                
             (5) Because neither the state nor the federal                                                                      
             government has established a scale assigning a                                                                     
             specific risk level to a corresponding amount of                                                                   
             naturally occurring asbestos, this Act accepts 0.25                                                                
             percent by mass, the minimum detectable amount of                                                                  
             asbestos under the California Air Resources Board                                                                  
             Method 435, as the baseline for the presence of                                                                    
             naturally occurring asbestos in gravel or other                                                                    
             aggregate material. Health risks resulting from                                                                    
             asbestos exposure vary according to the level, type,                                                               
             and duration of exposure. While exposure to very                                                                   
             small concentrations of asbestos may pose some                                                                     
             health risk, there is not a practical way to prevent all                                                           
             exposure to asbestos for residents in close proximity                                                              
             to deposits that contain naturally occurring asbestos.                                                             
             The intent of this act is to establish a sensible                                                                  
             analytical threshold for detection of naturally                                                                    
             occurring asbestos in gravel or other aggregate                                                                    
             material and to establish appropriate exceptions for                                                               
             the use of gravel or other aggregate material that                                                                 

2012-04-13                     Senate Journal                      Page 2233
             contains naturally occurring asbestos for certain                                                                  
             public facilities and transportation projects involving                                                            
             unusual circumstances, including projects in remote                                                                
             locations or in regions where gravel or other                                                                      
             aggregate material free from naturally occurring                                                                   
             asbestos is not reasonably available.                                                                              
                                                                                                                                
Signing do pass: Senators Hoffman, Stedman, Cochairs; Senators                                                                  
Thomas, Egan, McGuire, Ellis.                                                                                                   
                                                                                                                                
The following previously published fiscal information applies:                                                                  
 Fiscal Note No. 1, zero, Department of Labor and Workforce                                                                     
      Development                                                                                                               
 Fiscal Note No. 3, Department of Health and Social Services                                                                    
 Fiscal Note No. 4, zero, Department of Law                                                                                     
 Fiscal Note No. 5, zero, Department of Natural Resources                                                                       
 Fiscal Note No. 6, Department of Environmental Conservation                                                                    
 Fiscal Note No. 7, Department of Transportation and Public                                                                     
      Facilities                                                                                                                
                                                                                                                                
The bill was referred to the Rules Committee.