Legislature(2011 - 2012)HOUSE FINANCE 519
03/28/2012 09:30 AM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB59 | |
| HB258 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 258 | TELECONFERENCED | |
| + | HB 59 | TELECONFERENCED | |
| + | HB 276 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE BILL NO. 258
"An Act directing the Department of Transportation and
Public Facilities to develop and implement standards
and operating procedures allowing for the use in the
construction and maintenance of transportation
projects and public facilities and in the construction
of projects by public and private entities of gravel
or aggregate materials that contain a limited amount
of naturally occurring asbestos, and authorizing use
on an interim basis of those materials for certain
transportation projects and public facilities;
relating to certain claims arising out of or in
connection with the use of gravel or aggregate
materials containing a limited amount of naturally
occurring asbestos; and providing for an effective
date."
Vice-chair Fairclough moved to ADOPT the CS Work Draft CSHB
258 (FIN) 27-LS0400\Y (3/27/12, Nauman). There being NO
OBJECTION the committee substitute was ADOPTED.
BRODIE ANDERSON, STAFF, REPRESENTATIVE JOULE, highlighted
the changes to the legislation. He reported that on Page 6,
lines 10-31, and Page 7, lines 1 - 39, created a naturally
occurring asbestos zone. A municipality or community,
defined by Title 29, would petition the Department of
Transportation and Public Facilities (DOT) for permission
to create a naturally occurring asbestos (NOA) zone. The
community must submit an application that included testing
results for the presence of naturally occurring asbestos.
The department would review the application and test
results. After verification that asbestos free gravel or
aggregate material was not available DOT would permit the
delineation of the naturally occurring asbestos zone. The
legislation allowed the state to declare a NOA zone if a
community or municipality did not exist in an area, such as
the Dalton Highway. The bill defined the subsequent process
once the delineation zone was created. He cited a flow
chart "NOA Delineation Zone Logic Chart", (copy on file),
that mapped out the process.
Mr. Anderson turned to Page 8, lines 20-22 that expanded on
the site specific plan and addressed a public health
concern by identifying the possibility of airborne asbestos
from vehicles. He communicated that many of the regulations
in the legislation were rewritten beginning on Page 10
through Page 12, line 12. He remarked that Page 12, lines 2
- 12, and subsection 7-19, delineated the guidelines for
the regulations and helped clarify economically reasonable
costs. He cited Subsection 10, which contained additional
guidelines that addressed public health exposure to
asbestos fibers. He identified Page 12, lines 17 - 22 that
expanded the definition of NOA to include the various types
of asbestos. He pointed to the final change on Page 12
lines 27 - 31, that granted a provisional NOA delineation
zone to the community of Ambler while DOT writes the
regulations.
10:32:25 AM
Representative Wilson wondered if the delineation zone
would burden the community with costs and project delays.
Mr. Anderson replied that the application process would be
spelled out in the regulation process and was designed to
keep application costs low for the community.
Representative Gara wondered if other options were
available to provide communities with asbestos free gravel
and requested clarification of "economically unreasonable"
as defined in the bill.
HB 258 was HEARD and HELD in committee for further
consideration.