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.