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SENATE BILL 732 (BEVERLY 1990)

CHAPTER 1255, STATUTES OF 1990 SB 732

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As enacted Senate Bill 732 affected Business and Professions Code sections 7180 through 7189.7, section 9021.5, 9021.6, 9021.7, and 9021.8, relating to asbestos.  (See Exhibit #1l)  Senator Campbell introduced Senate Bill 732 on February 28, 1989.  (See Exhibit #1a)  Senator Campbell was deleted as author on April 17, 1990; thereafter the bill was carried by Senator Beverly.  (See Exhibit #1e)

 

Senate Bill 732 was assigned to the Senate Committee on Industrial Relations where policy issues raised by the bill were considered.  (See Exhibit #3)  After approval by that Committee, the Senate Committee on Appropriations examined its fiscal ramifications.  (See Exhibit #5)  The Senate amended the bill on April 13, May 8, and May 23, 1989.  (See Exhibits #1b, #1c, #1d, and #2)  Senate Bill 732 was approved by the Senate and forwarded to the Assembly on June 23, 1989.  (See Exhibit #2)

 

While in the Assembly, the Committee on Governmental Efficiency and Consumer Protection considered the policy issues raised by the bill.  (See Exhibit #10)  Subsequent to approval by that Committee, the measure was assigned to the Assembly Committee on Ways and Means which examined its fiscal implications.  (See Exhibit #12)  Seven amendments were made to Senate Bill 732 by the Assembly, on April 17, May 16, June 11, June 21, July 6, August 21, and August 27, 1990.  (See Exhibits #1e through #1k and #2)  The Assembly thereafter approved the bill and returned it to the Senate.  (See Exhibit #2) 

 

The Senate approved the Assembly amendments and forwarded Senate Bill 732 to the Governor on September 14, 1990.  Governor George Deukmejian signed the bill on September 22, 1990, and it was recorded by the Secretary of State as Chapter 1255, Statutes of 1990.  (See Exhibits #1L and #2)

 

Senator Beverly's letter to the Governor requesting he sign Senate Bill 732 provides a summary of the bill and some background information regarding the need for the bill.  The letter states in part:

 

The measure would establish a certification program for asbestos consultants and site surveillance technicians to ensure people contracting out their services in this area have minimum skills and knowledge.

 

Currently, asbestos consultants are hired by public and private building owners including schools, hospitals and local governments, to survey buildings for asbestos, identify the type of asbestos which may exist and recommend an action plan.  However, these consultants, who ensure that asbestos is safely handled, are not regulated by the state or federal government.

 

Senate Bill 732 sets forth certification requirements and directs the Division of Occupational Safety and Health to conduct the certification process.  The process expands upon and broadens the focus of an existing requirement for the Division to have a voluntary certification regulation.  The Division would recover all of its costs to administer its duties with fees.  Of particular importance is a provision in the bill which requires that consultants and contractors not have a financial interest in one another, thereby avoiding conflicts of interest.

 

This measure enhances the state's efforts to protect worker safety, and also protect building owners by assuring that these professionals are qualified to provide the services they offer.  The measure was crafted with significant input from representatives of the Department of Industrial Relations.  It was designed to give the Department maximum flexibility in establishing the certification process.

(See Exhibit #17, documents PE-3 and PE-4)