04/13/2012 09:00 AM Senate FINANCE

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).