CSHB 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."
00 CS FOR HOUSE BILL NO. 258(FIN) 01 "An Act directing the Department of Transportation and Public Facilities to develop 02 and implement standards and operating procedures, to evaluate site-specific use plans, 03 and to designate project areas concerning gravel or other aggregate material containing 04 naturally occurring asbestos; authorizing use on an interim basis of gravel or other 05 aggregate material containing naturally occurring asbestos for certain transportation 06 projects and public facilities; providing immunity for the state and for landowners, 07 extractors, suppliers, transporters, and contractors for certain actions or claims arising 08 in connection with the use of gravel or aggregate material containing naturally 09 occurring asbestos in certain areas; requiring contractors to report certain asbestos- 10 related data to the Department of Transportation and Public Facilities; and providing 11 for an effective date." 12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
01 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 02 to read: 03 LEGISLATIVE FINDINGS AND PURPOSE. (a) The legislature finds that 04 (1) gravel or similar aggregate material is constantly in demand for major 05 construction and maintenance of state and local transportation projects and public facilities 06 and for all types of construction by public and private entities; 07 (2) naturally occurring asbestos may be found in sources of gravel and similar 08 aggregate material throughout the state; 09 (3) while airborne asbestos fibers are a significant threat to workplace safety 10 and public health and are subject to close regulation by federal and state authorities under 42 11 U.S.C. 7401 - 7671q (Clean Air Act) and 15 U.S.C. 2601 - 2692 (Toxic Substances Control 12 Act), use of materials containing naturally occurring asbestos in construction projects may be 13 regulated by states; 14 (4) in communities that do not have sources of gravel or similar aggregate 15 material that is free of naturally occurring asbestos, costs of construction are substantially 16 increased because of the necessity of locating alternative sources of gravel or similar 17 aggregate material and transporting that material to distant construction and maintenance 18 sites; and 19 (5) a recent study suggests that, with careful use and close adherence to 20 appropriate control strategies, state and local transportation projects and public facilities may 21 be safely completed using sources of gravel or similar aggregate material that contains 22 naturally occurring asbestos; the study recommends that the Department of Transportation 23 and Public Facilities establish standards and operating procedures through a statewide process 24 that will apply to the use of gravel and aggregate material that contains asbestos by the 25 department and by any public or private entity. 26 (b) It is the purpose of this Act 27 (1) to authorize and direct the Department of Transportation and Public 28 Facilities to develop, implement, and, as circumstances may require or indicate, modify 29 standards and operating procedures to allow the use in the construction and maintenance of 30 transportation projects and public facilities in certain areas of the state of gravel or aggregate 31 material that contains naturally occurring asbestos, with the expectation that use of that
01 material in a manner that is consistent with those standards and procedures may avoid 02 significant risk to human health and eliminate significantly higher costs of construction and 03 maintenance of projects and facilities associated with using only construction material that is 04 free of asbestos; 05 (2) to establish that a person that uses gravel that contains naturally occurring 06 asbestos in certain areas of the state may prepare specific project plans that conform to the 07 requirements of this Act and the department's standards and operating procedures; and 08 (3) to shield persons and the state, including its agencies, officers, and 09 employees, under certain conditions, from liability based on exposure to naturally occurring 10 asbestos. 11 (c) This Act creates a voluntary program in certain areas of the state and provides 12 civil immunity for the use of gravel or other aggregate material that contains naturally 13 occurring asbestos for contractors meeting the requirements of the program; nothing in this 14 Act mandates a contractor to submit a site-specific plan or to adhere to the requirements of a 15 plan approved by the department. 16 (d) Because neither the state nor the federal government has established a scale 17 assigning a specific risk level to a corresponding amount of naturally occurring asbestos, this 18 Act accepts 0.25 percent by mass, the minimum detectable amount of asbestos under the 19 California Air Resources Board Method 435, as the baseline for the presence of naturally 20 occurring asbestos in gravel or other aggregate material. Health risks resulting from asbestos 21 exposure vary according to the level, type, and duration of exposure. While exposure to very 22 small concentrations of asbestos may pose some health risk, there is not a practical way to 23 prevent all exposure to asbestos for residents in close proximity to deposits that contain 24 naturally occurring asbestos. The intent of this act is to establish a sensible analytical 25 threshold for detection of naturally occurring asbestos in gravel or other aggregate material 26 and to establish appropriate exceptions for the use of gravel or other aggregate material that 27 contains naturally occurring asbestos for certain public facilities and transportation projects 28 involving unusual circumstances, including projects in remote locations or in regions where 29 gravel or other aggregate material free from naturally occurring asbestos is not reasonably 30 available. 31 * Sec. 2. AS 09.65 is amended by adding a new section to read:
01 Sec. 09.65.245. Immunity for certain persons supplying or using gravel or 02 other aggregate material; limitations on asbestos-related actions against 03 defendants. (a) Notwithstanding AS 09.50.250, a civil action or claim for damages or 04 costs alleging a death, injury, illness, disability, property damage, or any other 05 damages resulting from the use of gravel or other aggregate material that contains 06 naturally occurring asbestos may not be brought against a defendant, including a 07 contractor meeting the requirements of the program or the state and its agencies, 08 officers, and employees, 09 (1) based on the ownership of land within an area designated by the 10 Department of Transportation and Public Facilities under AS 44.42.400(b) or (c) from 11 which gravel or other aggregate material is extracted that, when tested using a bulk 12 method prescribed by the Department of Transportation and Public Facilities by 13 regulation, is determined to have a content equal to or greater than 0.25 percent 14 naturally occurring asbestos by mass; or 15 (2) for an act or omission occurring in the course of extracting, 16 supplying, transporting, or using gravel or other aggregate material containing 17 naturally occurring asbestos within an area designated by the Department of 18 Transportation and Public Facilities under AS 44.42.400(b) or (c) when the act or 19 omission was in compliance with the requirements of AS 18.31.250 or 20 AS 44.42.410(b), as applicable, and AS 44.42.410(a) and (d) and applicable 21 regulations developed under AS 44.42.420. 22 (b) A civil action or claim based on noncompliance with the requirements of 23 AS 18.31.250 or AS 44.42.410(b), as applicable, and AS 44.42.410(a) and (e) and 24 applicable regulations developed under AS 44.42.420 for damages or costs alleging an 25 asbestos-related death, injury, illness, or disability or alleging asbestos-related 26 property damage or any other asbestos-related damages may only be brought against a 27 defendant that has direct control over or responsibility for compliance with the 28 requirements of AS 18.31.250 or AS 44.42.410(b), as applicable, and AS 44.42.410(a) 29 and (e) and applicable regulations developed under AS 44.42.420. 30 (c) Notwithstanding AS 09.50.250, a civil action or claim for damages or costs 31 alleging an asbestos-related death, injury, illness, or disability or alleging asbestos-
01 related property damage or any other asbestos-related damages may not be brought 02 against any state agency or officer or employee of the state for an act or omission 03 occurring in the course of designating a project area under AS 44.42.400(a) or (b), 04 approving a site-specific use plan, or developing or approving a monitoring plan or a 05 mitigation plan under AS 44.42.410. 06 (d) In this section, "naturally occurring asbestos" has the meaning given in 07 AS 44.42.430. 08 * Sec. 3. AS 18.31 is amended by adding new sections to read: 09 Article 2A. Naturally occurring asbestos. 10 Sec. 18.31.250. Use of materials containing naturally occurring asbestos. 11 (a) A principal construction contractor or, in the absence of an identified principal 12 construction contractor, person having legal authority for the design and construction 13 of a project may qualify for immunity in a civil action under AS 09.65.245(a)(2) for 14 the use of gravel or other aggregate material that, when tested using a bulk test method 15 prescribed by the Department of Transportation and Public Facilities by regulation, is 16 determined to have a content equal to or greater than 0.25 percent of naturally 17 occurring asbestos by mass. 18 (b) To qualify for the immunity provided under AS 09.65.245(a)(2), before 19 initiating a construction project not subject to AS 44.42.410(b) that is within an area 20 designated by the Department of Transportation and Public Facilities under 21 AS 44.42.400(b) or (c) and that will use gravel or other aggregate material that 22 contains naturally occurring asbestos, the principal construction contractor or, in the 23 absence of an identified principal construction contractor, the person having legal 24 authority for the design and construction of the project, shall prepare and submit to the 25 Department of Transportation and Public Facilities specific project plans 26 demonstrating compliance with the standards adopted by the department under 27 AS 44.42.420 and the requirements of the site-specific use plan under AS 44.42.410. 28 Before extraction of gravel or other aggregate material may begin, the plan must be 29 approved and returned to the contractor by the department. 30 (c) To preserve the immunity provided under AS 09.65.245(a)(2), the 31 principal construction contractor or, in the absence of an identified principal
01 construction contractor, the person having legal authority for the design and 02 construction of the project, shall adhere to the site-specific use plan approved by the 03 department and the monitoring and mitigation plan created by the department. 04 Sec. 18.31.260. Presence of naturally occurring asbestos. The state shall 05 consider 0.25 percent by mass, the minimum detectable amount of asbestos under the 06 California Air Resources Board Method 435, as the baseline for the presence of 07 naturally occurring asbestos in gravel or other aggregate material. 08 * Sec. 4. AS 44.42 is amended by adding new sections to read: 09 Article 3A. Use of Materials Containing Naturally Occurring Asbestos. 10 Sec. 44.42.400. Administration. (a) The department shall designate a single 11 employee who reports to the commissioner to oversee the duties assigned to the 12 department in AS 44.42.400 - 44.42.430 and to serve as the point of contact for 13 inquiries related to projects using gravel or other aggregate material containing 14 naturally occurring asbestos. 15 (b) An area that includes land within a municipality or community may be 16 designated by the department as an area in which certain landowners and contractors 17 are granted immunity under AS 09.65.245(a) for causing asbestos-related injuries only 18 if the municipality or community requests that designation. A municipality or 19 community may request to become an area designated by the department under this 20 subsection by submitting an application to the department. The department may 21 approve an application received under this subsection only after reviewing tests 22 documenting the presence of naturally occurring asbestos in that area, analyzing the 23 effect of the presence of naturally occurring asbestos on construction projects in the 24 area, considering the availability of gravel or other aggregate material free from 25 naturally occurring asbestos in the area, and soliciting public input from residents in 26 the affected municipality or community. The department may require a municipality 27 or community that applies to become a designated area to provide the department with 28 tests documenting the presence of naturally occurring asbestos, information related to 29 the effect of the presence of naturally occurring asbestos on construction projects in 30 the area, information related to availability of gravel or other aggregate material free 31 from naturally occurring asbestos, and other information relevant to the application.
01 After designating an area after approval of an application under this subsection, the 02 department shall notify, including through signage, potentially affected persons that 03 the area has been designated as an area where immunity may be granted under 04 AS 09.65.245(a) for certain landowners and contractors causing asbestos-related 05 injuries. 06 (c) In places that do not include a municipality or community, the department 07 may designate an area in which certain landowners and contractors are granted 08 immunity under AS 09.65.245(a) for causing asbestos-related injuries. Before 09 designating an area under this subsection, the department shall document the presence 10 of naturally occurring asbestos in that area, analyze the effect of the presence of 11 naturally occurring asbestos on construction projects in the area, consider the 12 availability of gravel or other aggregate material free from naturally occurring 13 asbestos in the area, and solicit public input from potentially affected persons. After 14 designating an area under this subsection, the department shall notify, including 15 through signage, potentially affected persons that the area has been designated as an 16 area where immunity may be granted under AS 09.65.245(a) for certain landowners 17 and contractors causing asbestos-related injuries. 18 (d) In this section, "community" means a place in the unorganized borough, in 19 a borough, or in a unified municipality that is not incorporated as a municipality, that 20 is not a reserve, and in which 25 or more individuals reside as a social unit. 21 Sec. 44.42.410. Site-specific use plan. (a) To qualify for the immunity 22 provided under AS 09.65.245(a)(2), a contractor intending to use, within an area 23 designated by the department under AS 44.42.400(b) or (c), gravel or other aggregate 24 material that, when tested using a bulk test method prescribed by the department in 25 regulation, is determined to have a content equal to or greater than 0.25 percent of 26 naturally occurring asbestos by mass, shall, after consulting with the owner of the land 27 on which the gravel or other aggregate material containing naturally occurring 28 asbestos will be placed, submit a site-specific use plan to the department that 29 (1) describes the manner in which the proposed use of gravel or other 30 aggregate material that contains naturally occurring asbestos conforms to the standards 31 adopted under AS 44.42.420(b);
01 (2) demonstrates how the proposed construction operation and 02 maintenance practices comply with those that are required and those that are 03 minimally acceptable, as described in AS 44.42.420(b)(5), and otherwise meet 04 requirements of law applicable to the handling of compounds that contain asbestos; 05 (3) outlines the efforts that will be made, as a component of long-term 06 maintenance on the completed project or facility, to ensure that human health and air 07 quality are not compromised by the use of the gravel or other aggregate material that 08 contains naturally occurring asbestos; 09 (4) describes how the gravel or other aggregate material to be used can 10 be contained underneath the project or buried so that asbestos fibers cannot become 11 airborne or otherwise transferred outside of the project area, except as provided in (5) 12 and (6) of this subsection; 13 (5) if the requirements in (4) of this subsection are economically 14 unreasonable, describes how the gravel or other aggregate material to be used will be 15 sealed, including chip sealing or mixing with asphalt, in order to prevent asbestos 16 fibers from becoming airborne or otherwise transferred outside of the project area, 17 except as provided in (6) of this subsection; and 18 (6) if the requirements under (4) and (5) of this subsection are 19 economically unreasonable, describes how the gravel or other aggregate material will 20 be used in order to prevent asbestos from becoming airborne or otherwise transferred 21 outside of the project area, including how the gravel or other aggregate material will 22 be used in order to prevent asbestos from becoming airborne because of vehicle 23 traffic, road maintenance, or grading, if applicable. 24 (b) To qualify for and preserve the immunity provided under 25 AS 09.65.245(a)(2), the department, in its operating procedures applicable to a project 26 that is a transportation facility, including a public highway, airport, or pipeline or 27 railroad track bed, or a public work, as that term is defined in AS 35.95.100, and for 28 which the contractor intends to use, within an area designated by the department under 29 AS 44.42.400(b) or (c), gravel or other aggregate material that, when tested using a 30 bulk testing method prescribed by the department in regulation, is determined to have 31 a content equal to or greater than 0.25 percent of naturally occurring asbestos by mass,
01 shall require that 02 (1) the contractor submit a plan that details the use of gravel or other 03 aggregate material in the construction or maintenance of the transportation project or 04 public facility in accordance with the requirements of (a) of this section and 05 regulations developed under AS 44.42.420; 06 (2) before the extraction of the gravel or aggregate material containing 07 naturally occurring asbestos may begin, the plan be approved and returned to the 08 contractor by the department; 09 (3) the contractor adhere to the monitoring, mitigation, and site- 10 specific use plans. 11 (c) The department shall review each submitted site-specific use plan and shall 12 work toward approving or disapproving the plan, taking into consideration the 13 construction season in the project location. 14 (d) The department may not approve a plan for construction with gravel or 15 other aggregate material determined to have a content equal to or greater than 0.25 16 percent of naturally occurring asbestos by mass unless the department determines that 17 it is economically unreasonable to undertake the construction project with gravel or 18 other aggregate material free from naturally occurring asbestos. 19 (e) On receiving a plan that meets the requirements of (a) and (d) of this 20 section and the regulations adopted under AS 44.42.420, the department, in 21 consultation with the Department of Environmental Conservation, the Department of 22 Health and Social Services, the Department of Natural Resources, the Department of 23 Law, and the Department of Labor and Workforce Development, shall develop a 24 monitoring and mitigation plan for the project. If the site-specific use plan is approved, 25 the monitoring and mitigation plan developed by the department shall be attached to 26 the site-specific use plan. To qualify for the immunity provided in AS 09.65.245(a)(2), 27 the party that has direct control over or responsibility for the monitoring or mitigation 28 shall comply with the monitoring or mitigation plan developed by the department. 29 (f) On approval of a site-specific use plan, the department 30 (1) shall provide to the contractor a copy of the approved site-specific 31 use plan that includes
01 (A) the monitoring and mitigation plan developed under (e) of 02 this section; 03 (B) a requirement that all asbestos-related data collected by the 04 contractor during or after construction be submitted to the department; and 05 (C) recommended methods for reducing exposure to airborne 06 asbestos fibers; 07 (2) shall provide a copy of the site-specific use plan, including the 08 monitoring and mitigation plan, to the mayor or manager of a municipality affected by 09 the use of gravel or other aggregate material containing asbestos; and 10 (3) may provide to the contractor copies of the United States 11 Occupational Safety and Health Administration, United States Mine Safety and Health 12 Administration, and United States Environmental Protection Agency recommended 13 practices for handling and use of gravel or other aggregate material containing 14 naturally occurring asbestos. 15 (g) Within 60 days after completing a project in accordance with a site- 16 specific plan approved by the department, the contractor shall record in the recording 17 district where the property is located a document that includes a description of the 18 affected property, a reference to the most recent recorded conveyance of that property, 19 and a notice indicating the presence of naturally occurring asbestos, and stating that 20 subsequent interest holders may have legal obligations with respect to preventing the 21 naturally occurring asbestos from becoming airborne or otherwise transferred outside 22 of the project area. The contractor shall provide written notification to the department 23 and the landowner that the document has been recorded. 24 (h) The contractor shall submit to the department the results of any monitoring 25 or testing performed in accordance with the site-specific use plan and any mitigation 26 measures undertaken. 27 Sec. 44.42.420. Regulations. (a) The department, after consultation with the 28 Department of Environmental Conservation, the Department of Health and Social 29 Services, the Department of Natural Resources, the Department of Law, and the 30 Department of Labor and Workforce Development, shall prescribe in regulation a bulk 31 testing method for gravel or other aggregate material containing naturally occurring
01 asbestos. 02 (b) The department, after consultation with the Department of Environmental 03 Conservation, the Department of Health and Social Services, the Department of 04 Natural Resources, the Department of Law, and the Department of Labor and 05 Workforce Development, may adopt regulations under AS 44.62 (Administrative 06 Procedure Act) to implement AS 44.42.400 - 44.42.430, including regulations revising 07 statewide standards on the use in the construction and maintenance of transportation 08 projects and public facilities of gravel or aggregate material that, when tested using a 09 bulk test method prescribed by the department by regulation, is determined to have a 10 content equal to or greater than 0.25 percent of naturally occurring asbestos by mass. 11 The regulations adopted under this subsection must include 12 (1) procedures for completing site investigations and characterizations 13 of proposed projects, including the development and description of appropriate 14 laboratory practices; 15 (2) procedures for reviewing design alternatives and preparing and 16 evaluating appropriate comparative cost analyses that consider the use of gravel or 17 other aggregate material that does not contain naturally occurring asbestos; 18 (3) procedures for evaluating human health concerns arising out of 19 gravel or other aggregate material that contains naturally occurring asbestos and 20 documentation of methods and means to be used during periods of handling of the 21 gravel or other aggregate material to ensure compliance with appropriate workplace 22 safety and air quality standards relating to the project and to ensure the health and 23 safety of communities affected by construction projects that use gravel or other 24 aggregate material containing naturally occurring asbestos; 25 (4) procedures for preparing designs and design specifications for 26 facilities involving use of gravel or other aggregate material that contains naturally 27 occurring asbestos; 28 (5) procedures for outlining construction operation and maintenance 29 practices that are required and those that are minimally acceptable to meet 30 requirements of law applicable to the handling of compounds that contain asbestos; 31 (6) procedures for processing, reviewing, and approving or
01 disapproving site-specific use plans and area designation requests received under 02 AS 44.42.400(b) in a uniform manner; 03 (7) guidelines to analyze the cost of a project; 04 (8) guidelines for determining whether the cost associated with the use 05 of gravel or other aggregate material free from naturally occurring asbestos under 06 AS 44.42.410(d) is economically unreasonable; 07 (9) guidelines for determining whether the cost associated with 08 burying or sealing gravel or other aggregate material containing naturally occurring 09 asbestos under AS 44.42.410(a)(2) and (3) is economically unreasonable; 10 (10) guidelines for establishing areas designated under 11 AS 44.42.400(b) or (c) that take into account the effect on human health in and around 12 the designated area and environmental factors affecting the transfer of asbestos fibers 13 within and outside of a designated area. 14 Sec. 44.42.430. Definitions. In AS 44.42.400 - 44.42.430, 15 (1) "contractor" means the principal construction contractor, or in 16 absence of an identified principal construction contractor, the person having legal 17 authority for the design and construction of the project; 18 (2) "naturally occurring asbestos" means chrysotile, amosite, 19 crocidolite, fibrous tremolite, fibrous anthophyllite, and fibrous actinolite asbestos- 20 containing material that has not been processed in an asbestos mill and that, when 21 tested using a bulk method prescribed by the Department of Transportation and Public 22 Facilities by regulation, is determined to have a content equal to or greater than 0.25 23 percent naturally occurring asbestos by mass. 24 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 INTERIM PROJECT AUTHORIZATION. (a) Notwithstanding AS 44.42.400(a) and 27 (b), added by sec. 3 of this Act, to ensure early application of the policy described in sec. 1 of 28 this Act, the Department of Transportation and Public Facilities may, on a temporary basis, 29 designate a limited number of areas in the state in which certain landowners and contractors 30 are granted immunity under AS 09.65.245(a) for causing asbestos-related injuries where an 31 inability to complete construction projects has been demonstrated because of lack of gravel or
01 other aggregate material free from naturally occurring asbestos. After designating an area on a 02 temporary basis, the department shall notify, including through signage, potentially affected 03 persons that the area has been designated as an area in which immunity may be granted under 04 AS 09.65.245(a) for certain landowners and contractors causing asbestos-related injuries. 05 Notwithstanding AS 18.31.250, added by sec. 3 of this Act, the Department of Transportation 06 and Public Facilities may approve a limited number of appropriate construction projects until 07 the development and implementation of initial standards under AS 44.42.420 and the 08 administrative requirements of AS 44.42.400, added by sec. 4 of this Act, for projects not 09 subject to AS 44.42.410(b), if, under (b) of this section, the Department of Transportation and 10 Public Facilities prepares and adopts interim standards and requires its contractors to prepare 11 site-specific plans for the use of gravel or other aggregate material that, when tested using the 12 bulk method prescribed in sec. 6 of this Act, is determined to have a content equal to or 13 greater than 0.25 percent naturally occurring asbestos by mass in transportation projects and 14 public facilities. The department shall apply the standards developed under (b) of this section 15 to a person described in AS 18.31.250 for a project that is not subject to AS 44.42.410(b). 16 (b) Notwithstanding AS 44.42.400(a) and (b), added by sec. 3 of this Act, to ensure 17 early application of the policy described in sec. 1 of this Act, the Department of 18 Transportation and Public Facilities may, on a temporary basis, designate a limited number of 19 areas in the state in which certain landowners and contractors are granted immunity under 20 AS 09.65.245(a) for causing asbestos-related injuries where an inability to complete 21 construction projects has been demonstrated because of lack of gravel or other aggregate 22 material free from naturally occurring asbestos. After designating an area on a temporary 23 basis, the department shall notify, including through signage, potentially affected persons that 24 the area has been designated as an area where immunity may be granted under 25 AS 09.65.245(a) for certain landowners and contractors causing asbestos-related injuries. 26 Notwithstanding AS 44.42.410(b), added by sec. 4 of this Act, the Department of 27 Transportation and Public Facilities may approve a limited number of appropriate 28 transportation projects and public facilities until the development and implementation of 29 initial standards under AS 44.42.420 and the administrative requirements of AS 44.42.400, 30 after consultation with the Department of Environmental Conservation, the Department of 31 Health and Social Services, the Department of Labor and Workforce Development, and
01 appropriate federal agencies. The Department of Transportation and Public Facilities may 02 prepare and adopt interim standards and operating procedures and may require of its 03 contractors the preparation of site-specific plans for the use of gravel or other aggregate 04 material that when tested using the bulk method prescribed in sec. 6 of this Act, is determined 05 to have a content equal to or greater than 0.25 percent naturally occurring asbestos by mass. 06 (c) The authority granted by (a) and (b) of this section expires December 31, 2013. 07 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 INTERIM STANDARDS FOR APPLICATION OF ASBESTOS BULK TESTING. 10 Until the Department of Transportation and Public Facilities adopts and prescribes a method 11 of bulk testing under AS 44.42.420(a), added by sec. 4 of this Act, the department shall use 12 California Air Resources Board Method 435, Determination of Asbestos Content of 13 Serpentine Aggregate, adopted on June 6, 1991, as that standard has effect on the effective 14 date of this Act, as the basis for determining the asbestos content of a bulk sample or for 15 interim use as authorized by sec. 5 of this Act. 16 * Sec. 7. This Act takes effect immediately under AS 01.10.070(c).