Bill Text: CA AB1416 | 2009-2010 | Regular Session | Amended
Bill Title: Emission control regulations: groundwater drilling:
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-02-04 - Re-referred to Com. on EQ. [AB1416 Detail]
Download: California-2009-AB1416-Amended.html
BILL NUMBER: AB 1416 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 26, 2009
INTRODUCED BY Assembly Member Galgiani
FEBRUARY 27, 2009
An act to repeal and add Sections 2883 and 4532 of the
Business and Professions Code, relating to the healing arts.
An act to amend Section 41754 of, and to add Sections
43018.3 and 43018.4 to, the Health and Safety Code, relating to air
pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 1416, as amended, Galgiani. Vocational nursing and
psychiatric technicians: school accreditation.
Emission control regulations: groundwater drilling: portable engines,
off-road vehicles, and on-road vehicles.
Existing law imposes various limitations on emissions of air
contaminants for the control of air pollution from vehicular and
nonvehicular sources. Existing law generally designates the State Air
Resources Board as the state agency with the primary responsibility
for the control of vehicular air pollution. Existing law requires the
state board to adopt and implement motor vehicle emission standards,
in-use performance standards, and motor vehicle fuel specifications
for the control of air contaminants, including standards for off-road
and nonvehicle engine categories.
This bill would prohibit the state board from imposing specified
emission control requirements on portable engines, off-road vehicles,
or on-road vehicles used by a person holding a C-57 or C-61 (D-21
subcategory) license issued by the Contractors' State License Board
for water well drilling, reconstruction, or maintenance, or water
pump installation, repair, or maintenance, until 5 years after the
emergency declared by the Governor on February 27, 2009, relating to
a statewide water drought, has been proclaimed terminated. The state
board would be required to evaluate regulations adopted by the state
board on or before December 31, 2009, imposing requirements on
portable engines, off-road vehicles, and on-road vehicles, and amend
those regulations where necessary, to minimize the adverse impacts of
multiple regulations adopted by the state board on those regulated
by the regulations. The state board would be prohibited from imposing
reporting requirements for off-road diesel-fueled fleets until
January 1, 2015, at the earliest.
Existing law requires the Board of Vocational Nursing and
Psychiatric Technicians of the State of California, through an
official representative, to inspect all vocational nursing schools
and psychiatric technician schools when it deems necessary and, based
on that representative's report, to determine whether to approve the
school as accredited or to exclude the school from its accredited
schools lists.
This bill would require the board to cause these inspections to be
conducted at regular intervals and other times the board deems
necessary, and by site visit or review of documents required by the
board, or both, as determined by the board.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) Californians receive about one-third, and in times of drought
about one-half, of their water supply from groundwater sources.
United States Geological Survey and United States Environmental
Protection Agency data show groundwater serves about 19.4 million
residents of the state.
(b) The state is in the third consecutive year of drought
conditions and the Department of Water Resources has noted that this
drought could be the worst in the recorded history of the state. The
Governor declared a statewide drought emergency on February 27, 2009,
and directed state agencies to take action.
(c) Water supplies are in a critical, long-term state of shortage
as a result of rising population, environmental demands for water,
and a stable but aging water infrastructure.
(d) Recent economic conditions have seen unemployment of over 10
percent in the business sector and even more in the agricultural
sector.
(e) The lack of water supplies needed for agriculture has resulted
in land fallowing and crop losses estimated to reach 3 billion
dollars in lost revenue by the end of 2009, and insufficient water
supplies will continue to reduce the state's overall economic
well-being and exacerbate the current adverse economic conditions.
(f) According to the Contractors' State License Board, the
groundwater drilling industry is comprised of about 960 licensed
contractors, and is thus a very small proportion of the state's
contractors, and yet the industry's viability is critical to the
state's well-being, particularly in this drought period.
(g) The California Groundwater Association has been representing
the state's groundwater industry for over 60 years and is recognized
as a significant source of information on groundwater matters and
represents the majority of the groundwater drilling industry.
(h) The California groundwater industry uses high cost, long
lifetime equipment, which is subject to multiple regulations of the
State Air Resources Board.
(i) Most of the equipment that the groundwater drilling industry
uses has low or limited mileage. For example, drill rigs are
generally driven less than 4,000 annual miles because drill rigs are
stationary while drilling.
(j) The majority of the state's groundwater drilling firms are
small, family owned businesses with limited financial resources,
which are now facing downsizing, closure, or retirement of expensive
equipment as a result of State Air Resources Board regulations.
(k) This downsizing in the groundwater drilling industry would
severely impact the ability of the state's citizens and agricultural
industry to obtain needed groundwater supplies.
(l) Maintaining groundwater supplies in times of drought is of
paramount importance to maintain the economic and social well-being
of the state.
(m) Many contractors throughout California, encompassing many
trades even beyond the groundwater industry, have reported that they
are impacted by multiple State Air Resources Board regulations on
portable engines, off-road equipment, and on-road vehicles. A single
project may involve the use of equipment subject to all these rules.
The complexity of these separate and differing regulations creates
confusion and misunderstanding that may result in delays to become in
compliance with reporting and other requirements of the regulations.
(n) Many smaller contractors do not have the staff to timely
handle the paperwork requirements of reporting equipment and
compliance provisions for a single regulation, let alone two or three
or more different rules.
(o) It has been reported that there is a widespread perception
that the current regulations will be changed or eliminated due to
economic impacts. Some contractors have even reported reluctance from
third-party mechanics to undertake engine retrofits or replacements
as they may incur wrath from contractors for unnecessary work if the
regulations are modified or eliminated. These perceptions have led to
slower acceptance of the regulations resulting in delays in
compliance with existing requirements.
SEC. 2. Section 41754 of the Health and
Safety Code is amended to read:
41754. (a) The regulations adopted by the state board ,
on or before July 1, 1997, shall include, but need not be
limited to, provisions that ensure all of the following:
(1) That emissions from portable equipment subject to the
statewide registration program will not, in the aggregate, interfere
with the attainment or maintenance of state or federal ambient air
quality standards and the emissions from any one portable equipment
engine, exclusive of background concentration, shall not cause an
exceedance of any ambient air quality standard. This paragraph shall
not be construed as requiring portable equipment operators to provide
emission offsets for portable equipment registered under the
program.
(2) (A) That, to the extent not in conflict with federal law, the
registration program preserves the most stringent requirements
adopted by a district which require the use of best available control
technology (BACT) for each class or category of portable equipment
determined appropriate by the state board, and which requirements
were in effect on January 1, 1995. In determining the appropriate
emission limits or emission control technology requirements for
classes and categories of portable equipment, the state board may set
different requirements for portable equipment that is defined by the
state board as California resident portable equipment.
(B) Notwithstanding subparagraph (A) and, to the extent not in
conflict with federal law, the state board may consider technical and
economic feasibility in establishing emission limits or control
equipment requirements for any category or class of existing
California resident portable equipment, if all portable equipment in
that category or class is required to be modified or replaced to meet
BACT or the more stringent of a state or federal emission standard,
at a date determined by the state board.
(3) That any registered portable equipment, including any turbine,
used by the Department of Defense or the National Guard exclusively
for military technical support or other federal emergency purposes,
as specified in the regulations adopted by the state board, is not
subject to any statewide or district emission control or emission
limit.
(4) That any portable equipment used by a groundwater licensee, as
defined in Section 43018.3, for groundwater purposes, as defined in
Section 43018.3, be exempt from a requirement that a portable
equipment engine be a certified nonroad engine pursuant to Part 89 or
Part 1048 of Title 40 of the Code of Federal Regulations, or
regulations of the state board, until five years after the emergency
declared by the Governor on February 27, 2009, relating to a
statewide water drought, has been proclaimed terminated pursuant to
Section 8629 of the Government Code.
(b) No emission limit or emission control requirement shall be
established for any portable equipment defined by the state board as
California resident portable equipment unless the state board
determines that the emission limit or emission control requirement is
technologically and economically feasible and is necessary to carry
out the express terms of this division, including, but not limited
to, Section 43013, or to attain or maintain state or federal ambient
air quality standards.
(c) Prior to adopting any emission limit or emission control
requirement, the state board shall consider the magnitude of the
resultant air quality benefits and the potential effects of the
regulation on the costs to businesses that use the portable
equipment.
(d) The emission limits established for any portable equipment or
class of portable equipment shall reflect the effectiveness of all
control equipment installed and operated on the portable equipment or
particular class of portable equipment.
(e) No emission limits other than those established by the state
board for any portable equipment or class of portable equipment shall
be used by a district for purposes of calculating and reporting
emissions from portable equipment subject to this article.
(f) Any recordkeeping and reporting requirements prescribed by the
state board for the purpose of tracking portable equipment
utilization and movement shall be the minimum that is necessary to
provide sufficient emission inventory data and allow adequate
enforcement of the registration program.
(g) Source testing of portable equipment emissions for
registration purposes shall not be required if there is no emission
standard applicable to portable equipment, or if acceptable emissions
data is available. For purposes of this subdivision, "acceptable
emissions data" means emissions data representative of current
portable equipment operations that is either reliable emissions data
from the portable equipment manufacturer or a source test performed
within three years prior to the date that the emissions data is
requested.
SEC. 3. Section 43018.3 is added to the
Health and Safety Code , to read:
43018.3. (a) As used in this section, the following terms have
the following meanings:
(1) "Groundwater licensee" means a person holding a C-57 or C-61
(D-21 subcategory) license issued by the Contractors' State License
Board.
(2) "Groundwater purposes" means water well drilling,
reconstruction, or well maintenance, or water pump installation,
repair, or maintenance.
(b) Until five years after the emergency declared by the Governor
on February 27, 2009, relating to a statewide water drought, has been
proclaimed terminated pursuant to Section 8629 of the Government
Code, the state board shall not impose an emission control
requirement on an off-road or on-road vehicle used by a groundwater
licensee for groundwater purposes, that would have the effect of
requiring the groundwater licensee to replace an off-road or on-road
vehicle before the end of its useful life.
(c) If the state board, consistent with the time period described
in subdivision (b), imposes a requirement on an off-road or on-road
vehicle used by a groundwater licensee for groundwater purposes, that
would have the effect of requiring the groundwater licensee to
replace an off-road or on-road vehicle before the end of its useful
life, the state board shall work with relevant stakeholders,
including those representing the interests of the groundwater
industry, to reduce the regulatory burden on groundwater licensees by
extending compliance times for specialty and low or limited mileage
vehicles used by groundwater licensees for groundwater purposes.
SEC. 4. Section 43018.4 is added to the
Health and Safety Code , to read:
43018.4. (a) The state board shall evaluate existing regulations
adopted by the state board on or before December 31, 2009, imposing
requirements on portable engines, off-road vehicles, or on-road
vehicles, and amend those regulations where necessary to minimize the
adverse impacts of multiple regulations adopted by the state board
on those regulated by the regulations.
(b) The state board shall not impose reporting requirements for
off-road diesel-fueled fleets until January 1, 2015, at the earliest.
SECTION 1. Section 2883 of the Business and
Professions Code is repealed.
SEC. 2. Section 2883 is added to the Business
and Professions Code, to read:
2883. (a) The board shall, through an official representative,
inspect all vocational nursing schools in this state at regular
intervals and at other times that the board deems necessary. These
inspections shall be conducted by a site visit or by a review of
documents required by the board, or both, as determined by the board.
As used in this subdivision, "documents required by the board" means
only those documents that are relevant to a determination of whether
the school meets the requirements of this article as prescribed by
the board.
(b) The representative shall prepare for the board a written
report of the representative's inspection. Based upon the report, the
board shall approve as accredited the schools that meet the
requirements of this article as prescribed by the board.
(c) If the board determines that a school does not meet those
requirements, the board shall immediately deliver to the school a
written notice of the school's defect or defects. If the school does
not correct the specified defects within a reasonable time, the board
may: (1) deny initial placement on the accredited schools list of a
school conducting its initial class, or (2) remove a school from the
accredited schools list. In each case, the board shall deliver to the
school a written notice of its action.
SEC. 3. Section 4532 of the Business and
Professions Code is repealed.
SEC. 4. Section 4532 is added to the Business
and Professions Code, to read:
4532. (a) The board shall, through an official representative,
inspect all psychiatric technician schools in this state at regular
intervals and at other times that the board deems necessary. These
inspections shall be conducted by a site visit or by a review of
documents required by the board, or both, as determined by the board.
As used in this subdivision, "documents required by the board" means
only those documents that are relevant to a determination of whether
the school meets the requirements of this article as prescribed by
the board.
(b) The representative shall prepare for the board a written
report of the representative's inspection. Based upon the report, the
board shall approve as accredited the schools that meet the
requirements of this article as prescribed by the board.
(c) If the board determines that a school does not meet those
requirements, the board shall immediately deliver to the school a
written notice of the school's defect or defects. If the school does
not correct the specified defects within a reasonable time, the board
may: (1) deny initial placement on the accredited schools list of a
school conducting its initial class, or (2) remove a school from the
accredited schools list. In each case, the board shall deliver to the
school a written notice of its action.
