Legislature(2011 - 2012)SENATE FINANCE 532
04/13/2012 09:00 AM FINANCE
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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 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." 9:18:20 AM AT EASE 9:19:26 AM RECONVENED 9:19:41 AM Co-Chair Hoffman MOVED to ADOPT the proposed committee substitute for HB 258, Work Draft 27-LS0400\Q (Nauman, 4/9/12). Co-Chair Stedman OBJECTED for the purpose of discussion. 9:20:01 AM DARWIN PETERSON, STAFF, SENATOR BERT STEDMAN, explained the changes in the new committee substitute. He stated that the legislative findings language had been removed from the bill; a letter of legislative findings and purposes would be drafted by the committee by request of the sponsor. He relayed that Page 7, lines 21 through 24 had been changed to state: (2) the completed project will not use gravel or other aggregate material containing naturally occurring asbestos for a surface application except if the material to be used for the surface application is treated or bound with a surface compound, including chip seal or asphalt, approved by the department. Mr. Peterson stated that dust was not created when naturally occurring asbestos was included in a chip seal. 9:21:35 AM Co-Chair Stedman REMOVED. There being NO FURTHER OBJECTION, Work Draft 27-LS0400\Q was ADOPTED. 9:21:43 AM BRODIE ANDERSON, STAFF, REPRESENTATIVE REGGIE JOULE, explained that the bill would allow communities to move forward using naturally occurring asbestos gravel when the aggregate material proved to be the only option. He stated that communities could request that certain land could be designated a naturally occurring delineation zone, and within that zone aggregate material that contained more than .25 by mass volume naturally occurring asbestos would be allowed to be used a construction material. He added that in communities where no one could step forward to make the request, the state could create a zone in order to complete projects. He furthered that within the delineation zone contractors would be required to submit a site- specific plan that described how the material would be used and how public safety would be ensured. He added that the bill would define an analytical threshold where naturally occurring asbestos began in gravel; .25 by mass volume, material below that level would be considered aggregate. 9:23:47 AM Co-Chair Stedman discussed the fiscal notes in the packet. He noted that public testimony had previously been heard. 9:24:27 AM Co-Chair Hoffman MOVED to report SCS CSHB 258(FIN) out of committee with individual recommendations, the accompanying fiscal notes, and with a legislative findings Letter of Intent from the Senate Finance Committee. There being NO OBJECTION, it was so ordered. 9:24:55 AM SCS CSHB 258 was REPORTED out of committee with a "do pass" recommendation and with a previously published zero fiscal note: FN1(DLWD), a previously published fiscal impact note FN3(DHSS), a previously published zero fiscal note: FN4(DOL), a previously published zero fiscal note: FN5 (DNR), a previously published fiscal impact note: FN6(DEC), and a previously published fiscal impact note: FN7(DOT).