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AB-2216 Diesel generators: health facilities.(2007-2008)

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AB2216:v95#DOCUMENT

Assembly Bill No. 2216
CHAPTER 232

An act to amend Section 41514.1 of the Health and Safety Code, relating to air pollution.

[ Approved by Governor  August 01, 2008. Filed with Secretary of State  August 01, 2008. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2216, Gaines. Diesel generators: health facilities.
(1) Existing law requires a health facility, as defined, to test its diesel-powered backup generators using the most recent standard set by the Joint Commission on the Accreditation of Healthcare Organizations, and requires a diesel backup generator to be started once per week when it is not being tested. Violation of these requirements constitutes a crime. These requirements will be repealed on January 1, 2009.
This bill would extend this repeal date to January 1, 2011, and would eliminate the requirement that a health facility’s diesel backup generator be started once per week when it is not being tested. This bill would require a health facility to test its diesel-powered backup generators as prescribed.
By extending the operation of a crime, this bill would create a state-mandated local program.
(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 41514.1 of the Health and Safety Code is amended to read:

41514.1.
 (a) A health facility shall test each of its diesel backup generators 12 times a year with testing intervals of not less than 20 days and not more than 40 days. The tests shall be conducted for at least 30 continuous minutes pursuant to either of the following:
(1) A dynamic load that is at least 30 percent of the nameplate rating of the generator.
(2) A test conducted at less than 30 percent of the nameplate rating of the generator, if the health facility revises its existing documented management plan to conform with the National Fire Protection Association 110: Standard for Emergency and Standby Power Systems, 2005 edition, testing and maintenance activities. These activities shall include inspection procedures for assessing the prime mover’s exhaust gas temperature against the minimum temperature recommended by the manufacturer.
(b) If a diesel backup generator cannot be tested pursuant to the requirements of either paragraph (1) or (2) of subdivision (a), it shall be tested for 30 continuous minutes at intervals described in subdivision (a) with available Emergency Power Supply Systems (EPSS) load and tested annually with supplemental loads of all of the following in the following order for a total of two continuous hours:
(1) Twenty-five percent of nameplate rating for 30 minutes.
(2) Fifty percent of nameplate rating for 30 minutes.
(3) Seventy-five percent of nameplate rating for 60 minutes.
(c) A health facility shall submit all data collected under this section to the State Department of Public Health when requested by the department.
(d) This section shall remain in effect only until January 1, 2011, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2011, deletes or extends that date.
(e) For the purposes of this section, “health facility” has the same meaning as Section 1250, but includes only those facilities described in subdivision (a), (b), (c), (d), (f), (g), or (k) of that section.
(f) Nothing in this section affects the authority of the state board or a district to regulate diesel backup generators owned by a health facility.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.