BILL NUMBER: AB 142 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 25, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Hayashi
( Principal coauthors:
Senators Lowenthal and Hancock )
( Coauthors: Assembly Members
Block, Blumenfield, Coto,
Davis, De La Torre, Evans, Mendoza,
V. Manuel Perez, Skinner, Solorio,
Swanson, and Torlakson )
( Coauthor: Senator Price
)
JANUARY 22, 2009
An act to amend Section 104113 of the Health and Safety
Code, relating to health studios. An act to amend
Section 101012 of, and to add Section 17077.36 to, the Education
Code, relating to school facilities, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 142, as amended, Hayashi. Health studios: external
defibrillator unit requirements. School facilities:
Energy Cost Savings Stimulus Program.
The Kindergarten-University Public Education Facilities Bond Act
of 2006 (bond act), approved by the voters as Proposition 1D at the
November 7, 2006, statewide general election, authorizes the issuance
and sale of a total of $10,416,000,000 in general obligation bonds.
The bond act requires that $3,300,000,000 of the proceeds from the
sale of those bonds be allocated for purposes of the modernization of
school facilities pursuant to specified statutory provisions. The
bond act authorizes the Legislature to adjust the funding allocations
specified by the act only by a statute that is consistent with and
furthers the purposes of the act and is approved by at least 2/3 of
the Members of the Senate and the Assembly, or by a statute that
becomes effective only when approved by the voters.
The Leroy F. Greene School Facilities Act of 1998 (Greene Act)
requires the State Allocation Board to allocate to applicant school
districts prescribed per-unhoused-pupil state funding for
construction and modernization of school facilities. The Greene Act
authorizes a modernization apportionment to be used for an
improvement to extend the useful life of, or to enhance the physical
environment of, a school, as specified.
This bill would establish the Energy Cost Savings Stimulus
Program, to be administered by the board. The bill would make
$320,000,000 out of the $3,300,000,000 in bond proceeds that the bond
act allocated for purposes of modernization available to fund the
program. The bill would authorize a school district to apply to the
board for funding pursuant to the program if the applicant district
self-certifies in the project application that it meets specified
conditions. The bill would make the program inoperative 3 years after
the date the bill becomes effective. The bill would require that the
portion of the $320,000,000 that remains unencumbered when the
program becomes inoperative be used for purposes of the modernization
of school facilities.
The bill would state findings and declarations of the Legislature
that the bill is consistent with, and furthers the purposes of, the
bond act.
This bill would declare that it is to take effect immediately as
an urgency statute.
Existing law requires every health studio, as defined, to acquire,
maintain, and train personnel in the use of automatic external
defibrillator units. Existing law requires, among other things, that
these health studios have trained employees available to respond to
an emergency that may involve the use of an automatic external
defibrillator unit during normal operating hours.
This bill would require a health studio that is available for use
by its members for 24 hours per day, but is not staffed during that
entire period, to meet specified requirements, including, but not
limited to, providing live video surveillance, as defined, of a
health studio during times when no trained employees are on the
premises, and requiring members, during times when the health studio
is not staffed with a trained employee, to use a provided device
that, when activated, contacts emergency services.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17077.36 is added to the
Education Code , to read:
17077.36. (a) There is hereby established the Energy Cost Savings
Stimulus Program that shall be funded as specified in paragraph (3)
of subdivision (a) of Section 101012.
(b) The program shall be administered by the board.
(c) All of the funds allocated to the Energy Cost Savings Stimulus
Program by paragraph (3) of subdivision (a) of Section 101012 are
available for reimbursement and grant applications submitted after
July 1, 2009.
(d) A school district may apply to the board for funding pursuant
to this section if the applicant district self-certifies in the
project application that the project or projects on a schoolsite will
result in energy savings by achieving either of the following:
(1) A minimum saving of 15 percent of nonrenewable energy consumed
as compared to current schoolsite consumption through energy
efficiency retrofit or replacement.
(2) A minimum savings of 15 percent of nonrenewable energy
consumed as compared to schoolsite consumption on or after July 1,
2005, through energy efficiency retrofit or replacement and renewable
energy generation as specified in Chapter 3.2 (commencing with
Section 4217.10) of Division 5 of Title 1 of the Government Code. The
self-certification shall demonstrate that all reasonable and
cost-efficient energy efficiency retrofits or replacements were
analyzed to optimize the size of the renewable energy system. The
project shall use qualifications-based selection and not sole source
selection.
(e) The type of project or the components of the project shall
comply with Section 4217.11 of the Government Code, including, but
not limited to, all related ancillary components and construction,
generation equipment, support structures, canopies, and foundations.
(f) The implementation of the project or the components of the
project shall be located anywhere on the schoolsite, including on or
in school facilities and land owned or leased by schools, provided
that the energy generated from the project or components of the
project serves existing facilities as specified in this section.
(g) Contracts executed prior to July 1, 2009, are not eligible for
funding pursuant to this section.
(h) If bond funds are not available for purposes of this section,
the board shall accept and approve applications for purposes of
developing an unfunded approval list.
(i) The school district shall fund 40 percent of the actual
project costs to include, but not be limited to, the cost of the
equipment purchase and design and construction of a project pursuant
to this section. As part of this local contribution the school
district may include any grant, award, or other funding including,
but not limited to, funding specified in Chapter 3.2 (commencing with
Section 4217.10) of Division 5 of Title 1 of the Government Code,
that the district seeks for purposes related to construction of the
project. The school district may receive reimbursement or grant
funding from the board for 60 percent of the actual project cost, not
to exceed three million dollars ($3,000,000) per schoolsite. A
district may submit more than one project application per schoolsite
but no single school district shall receive more than 12 percent of
the total amount of funding available for purposes of this section.
(j) The Division of the State Architect shall review the project,
and certify that the project is estimated to provide a savings of at
least 15 percent of nonrenewable energy consumed as compared to
schoolsite consumption on or after July 1, 2005. This review and
certification shall be completed no later than 14 calendar days after
it is requested by the school district.
(k) Any carbon credits generated pursuant to Division 25.5
(commencing with Section 38500) of the Health and Safety Code and any
environmental attributes generated by the project shall be the
property of the school district.
(l) A school district that receives funds pursuant to this section
is ineligible for financial hardship assistance pursuant to this
chapter for this program, except that a school district with a
demonstrated financial need may qualify for a loan from the funds
available for purposes of this section. The loan shall have a term of
10 years with a possible one-time, five-year extension. The interest
rate on the loan shall be the same rate as that charged by the
Pooled Money Investment Board.
(m) For grant funding applications, a school district shall
receive a preliminary apportionment upon submission of an application
that includes a project description, a self-certified estimated
energy efficiency savings equal to or exceeding the requirement
specified in subdivision (j), and a cost estimate for the project.
The board shall approve a preliminary apportionment that reserves the
amount of the cost estimate. Funds shall be released upon submission
to the board of evidence of energy efficiency review and
certification performed by the Division of the State Architect
pursuant to subdivision (j), which shall occur within nine months of
the approval of the preliminary apportionment or the board shall
rescind the preliminary apportionment. The district shall expend the
funds within 12 months of the preliminary apportionment or, when a
plan approval of the Division of State Architect is required, within
18 months of the preliminary apportionment. All projects pursuant to
this section shall receive an adjusted final apportionment to reflect
the actual cost of the project as substantiated by an expenditure
report. Any funds received in excess of the cost specified in the
expenditure report shall be returned to the state for purposes of
this section. Additional funds shall be released to ensure that the
state share of the project is equal to 60 percent of the actual cost
of the project as substantiated by the expenditure report, if the
funds are available.
(n) For reimbursement applications, a school district shall
receive a final apportionment and have funds released upon submitting
the construction contracts, expenditure report and evidence of the
review and certification performed by the Division of the State
Architect pursuant to subdivision (j).
(o) Within 14 days of the date this section becomes effective, the
board shall adopt emergency regulations that include a reimbursement
and grant application process.
(p) The Office of Administrative Law shall process the emergency
regulations adopted by the board pursuant to subdivision (e) within
14 calendar days of their adoption.
(q) The board shall process and review an application submitted
pursuant to this section within 45 days of receiving the application.
(r) Funds received by a school district pursuant to this section
do not constitute a modernization apportionment pursuant to Chapter
12.5 of Article 7 (commencing with Section 17074.10) and do not
reduce modernization eligibility authorized by Chapter 12.5 of
Article 6 (commencing with Section 17073.10). A school district is
eligible for funds pursuant to this section regardless of its
eligibility for modernization funding pursuant to this chapter.
(s) The energy efficiency and renewable energy savings realized
from a project pursuant to this section, as calculated annually over
the useful life of the project, shall be retained by the school
district. The state funding shall not be reduced based on realized
renewable energy and energy efficiency savings.
(t) This section shall become inoperative three years after the
date it becomes effective. All of the funds made available by
paragraph (3) of subdivision (a) of Section 101012 for purposes of
this section that remain unencumbered when this section becomes
inoperative shall be used for purposes of the modernization of school
facilities pursuant to this chapter.
SEC. 2. Section 101012 of the Education
Code is amended to read:
101012. (a) The proceeds from the sale of bonds, issued and sold
for the purposes of this chapter, shall be allocated in accordance
with the following schedule:
(1) The amount of one billion nine hundred million dollars
($1,900,000,000) for new construction of school facilities of
applicant school districts under Chapter 12.5 (commencing with
Section 17070.10) of Part 10 of Division 1 of Title 1 . Of
the amount allocated under this paragraph, up to 10.5 percent shall
be available for purposes of seismic repair, reconstruction, or
replacement, pursuant to Section 17075.10.
(2) The amount of five hundred million dollars ($500,000,000)
shall be available for providing school facilities to charter schools
pursuant to Article 12 (commencing with Section 17078.52) of Chapter
12.5 of Part 10 of Division 1 of Title 1 .
(3) The amount of three billion three hundred million dollars
($3,300,000,000) for the modernization of school facilities pursuant
to Chapter 12.5 (commencing with Section 17070.10) of Part 10 of
Division 1 of Title 1. Three hundred twenty million dollars
($320,000,000) of the amount described in this paragraph shall be
made available for projects pursuant to the Energy Cost Savings
Stimulus Program set forth in Section 17077.36 .
(4) The amount of five hundred million dollars ($500,000,000) for
the purposes set forth in Article 13 (commencing with Section
17078.70) of Chapter 12.5 of Part 10 of Division 1 of Title 1
, relating to facilities for career technical education
programs.
(5) Of the amounts allocated under paragraphs (1) and (3), up to
two hundred million dollars ($200,000,000) for the purposes set forth
in Chapter 894 of the Statutes of 2004, relating to incentives for
the creation of smaller learning communities and small high schools.
(6) The amount of twenty-nine million dollars ($29,000,000) for
the purposes set forth in Article 10.6 (commencing with Section
17077.40) of Chapter 12.5 of Part 10 of Division 1 of Title 1
, relating to joint use projects.
(7) The amount of one billion dollars ($1,000,000,000) shall be
available for providing new construction funding to severely
overcrowded schoolsites pursuant to Article 14 (commencing with
Section 17079) of Chapter 12.5 of Part 10 of Division 1 of Title
1 .
(8) The amount of one hundred million dollars ($100,000,000) for
incentive grants to promote the use of designs and materials in new
construction and modernization projects that include the attributes
of high-performance schools, including, but not limited to, the
elements set forth in Section 17070.96, pursuant to regulations
adopted by the State Allocation Board.
(b) School districts may use funds allocated pursuant to paragraph
(3) of subdivision (a) only for one or more of the following
purposes in accordance with Chapter 12.5 (commencing with Section
17070.10) of Part 10 of Division 1 of Title 1 :
(1) The purchase and installation of air-conditioning equipment
and insulation materials, and related costs.
(2) Construction projects or the purchase of furniture or
equipment designed to increase school security or playground safety.
(3) The identification, assessment, or abatement in school
facilities of hazardous asbestos.
(4) Project funding for high-priority roof replacement projects.
(5) Any other modernization of facilities pursuant to Chapter 12.5
(commencing with Section 17070.10) of Part 10 of Division 1 of
Title 1 .
(c) Funds allocated pursuant to paragraph (1) of subdivision (a)
may also be utilized to provide new construction grants for eligible
applicant county boards of education under Chapter 12.5 (commencing
with Section 17070.10) of Part 10 of Division 1 of Title 1
for funding classrooms for severely handicapped pupils, or for
funding classrooms for county community school pupils.
(d) (1) The Legislature may amend this section to adjust the
funding amounts specified in paragraphs (1) to (8), inclusive, of
subdivision (a), only by either of the following methods:
(A) By a statute, passed in each house of the Legislature by
rollcall vote entered in the respective journals, by not less than
two-thirds of the membership in each house concurring, if the statute
is consistent with, and furthers the purposes of, this chapter.
(B) By a statute that becomes effective only when approved by the
voters.
(2) Amendments pursuant to this subdivision may adjust the amounts
to be expended pursuant to paragraphs (1) to (8), inclusive, of
subdivision (a), but may not increase or decrease the total amount to
be expended pursuant to that subdivision.
(e) Funds available pursuant to this section may be used for
acquisition of school facilities authorized pursuant to Section
17280.5.
SEC. 3. The Legislature finds and declares that
this act is consistent with, and furthers the purposes of, the
Kindergarten-University Public Education Facilities Bond Act of 2006.
SEC. 4. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to provide the funds required for building energy
efficient schools in a timely manner, it is necessary that this act
take effect immediately.
SECTION 1. Section 104113 of the Health and
Safety Code is amended to read:
104113. (a) (1) Commencing July 1, 2007, every health studio, as
defined in subdivision (g) shall acquire an automatic external
defibrillator. The requirement to acquire an automatic external
defibrillator pursuant to this subdivision shall terminate on July 1,
2012.
(2) Commencing July 1, 2007, and until July 1, 2012, every health
studio, as defined in subdivision (g), shall maintain, and train
personnel in the use of, any automatic external defibrillator
acquired pursuant to paragraph (1).
(3) On or after July 1, 2012, a health studio that elects to
continue the installation of an automatic external defibrillator that
was acquired pursuant to paragraph (1) shall maintain and train
personnel in the use of an automatic external defibrillator pursuant
to this section, and shall not be liable for civil damages resulting
from the use, attempted use, or nonuse of an automatic external
defibrillator as provided by this section.
(b) An employee of a health studio who renders emergency care or
treatment is not liable for civil damages resulting from the use,
attempted use, or nonuse of an automatic external defibrillator,
except as provided in subdivision (f).
(c) When an employee uses, does not use, or attempts to use, an
automatic external defibrillator consistent with the requirements of
this section to render emergency care or treatment, the members of
the board of directors of the facility shall not be liable for civil
damages resulting from any act or omission in rendering the emergency
care or treatment, including the use or nonuse of an automatic
external defibrillator, except as provided in subdivision (f).
(d) Except as provided in subdivision (f), when an employee of a
health studio renders emergency care or treatment using an automatic
external defibrillator, the owners, managers, employees, or otherwise
responsible authorities of the facility shall not be liable for
civil damages resulting from any act or omission in the course of
rendering that emergency care or treatment, provided that the
facility fully complies with subdivision (e).
(e) Notwithstanding Section 1797.196, in order to ensure public
safety, a health studio shall do all of the following:
(1) Comply with all regulations governing the placement of an
automatic external defibrillator.
(2) Ensure all of the following:
(A) The automatic external defibrillator is maintained and
regularly tested according to the operation and maintenance
guidelines set forth by the manufacturer, the American Heart
Association, or the American Red Cross, and according to any
applicable rules and regulations set forth by the governmental
authority under the federal Food and Drug Administration and any
other applicable state and federal authority.
(B) The automatic external defibrillator is checked for readiness
after each use and at least once every 30 days if the automatic
external defibrillator has not been used in the preceding 30 days.
Records of these checks shall be maintained.
(C) Any person who renders emergency care or treatment on a person
in cardiac arrest by using an automatic external defibrillator
activates the emergency medical services system as soon as possible,
and reports any use of the automatic external defibrillator to the
licensed physician and to the local EMS agency.
(D) For every automatic external defibrillator unit acquired, up
to five units, no less than one employee per automatic external
defibrillator unit shall complete a training course in
cardiopulmonary resuscitation and automatic external defibrillator
use that complies with the regulations adopted by the Emergency
Medical Services Authority and the standards of the American Heart
Association or the American Red Cross. After the first five automatic
external defibrillator units are acquired, for each additional five
automatic external defibrillator units acquired, a minimum of one
employee shall be trained beginning with the first additional
automatic external defibrillator unit acquired. Except as provided in
paragraph (3), an acquirer of automatic external defibrillator units
shall have trained employees who should be available to respond to
an emergency that may involve the use of an automatic external
defibrillator unit during normal operating hours. An acquirer of
automatic external defibrillator units may need to train additional
employees to ensure that a trained employee is available at all
times.
(E) There is a written plan that exists that describes the
procedures to be followed in the event of an emergency that may
involve the use of an automatic external defibrillator, to ensure
compliance with the requirements of this section. The written plan
shall include, but not be limited to, immediate notification of 911
and trained office personnel at the start of automatic external
defibrillator procedures.
(3) A health studio that is available for use by its members 24
hours per day, but that does not have a trained employee on the
health studio premises for the entire 24-hour period, shall do all of
the following:
(A) Require that all employees who work on the premises of the
health studio complete a training course, within 30 days of
commencing employment, in cardiopulmonary resuscitation and automated
external defibrillator use that complies with the regulations
adopted by the Emergency Medical Services Authority and the standards
of the American Heart Association or the American Red Cross.
(B) Ensure that a trained employee is on the premises of the
health studio for no fewer than eight hours per day during each day
that the health studio is available for use by its members.
(C) Inform a member, at the time the member contracts for the use
of the health studio, that a trained employee will not be on the
premises at all times.
(D) During times when a trained employee is not on the premises of
the health studio, provide all members with a device that, when
activated, contacts emergency services. The health studio shall
require its members to keep the device on his or her person, as a
condition of using the health studio during these times.
(E) Provide live video surveillance during hours when a health
studio is available for use by its members but a trained employee is
not on the premises. For purposes of this section, "live video
surveillance" means live monitoring of the health studio premises via
video technology by a person. The video surveillance system must be
sufficient to permit a person monitoring an incident to make a
reasonable determination whether emergency medical services or law
enforcement responders should be notified, and, if necessary, to make
that notification.
(f) Subdivisions (b), (c), and (d) do not apply in the case of
personal injury or wrongful death that results from gross negligence
or willful or wanton misconduct on the part of the person who uses,
attempts to use, or maliciously fails to use an automatic external
defibrillator to render emergency care or treatment.
(g) For purposes of this section, "health studio" means any
facility permitting the use of its facilities and equipment or access
to its facilities and equipment, to individuals or groups for
physical exercise, body building, reducing, figure development,
fitness training, or any other similar purpose, on a membership
basis. "Health studio" does not include any hotel or similar business
that offers fitness facilities to its registered guests for a fee or
as part of the hotel charges.