BILL ANALYSIS                                                                                                                                                                                                    Ó




          

          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:              AB 1126            
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          |Author:    |Rendon                                               |
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          |Version:   |April 20, 2015                             Hearing   |
          |           |Date:    June 24, 2015                               |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Kathleen Chavira                                     |
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             Subject:  School facilities:  heating, ventilation, and air  
                          conditioning:  inspection reports

            SUMMARY
          
          This bill requires a county office of education, a school  
          district and a public school, as specified, to post on its  
          Internet Web site, 1) the most recent date of a heating,  
          ventilation and air conditioning (HVAC) system inspection report  
          and 2) information on how to obtain the report. 

            BACKGROUND
          
          Existing law defines "good repair" as meaning that a facility is  
          maintained in a manner that assures that it is clean, safe, and  
          functional as determined by an inspection and evaluation  
          instrument developed by the Office of Public School  
          Construction.   Existing law requires that these instruments  
          include specified criteria, including that mechanical systems,  
          including heating ventilation and air conditioning systems, are  
          functional and unobstructed and appear to supply adequate amount  
          of air to all classrooms, work spaces, and facilities.   
          (Education Code § 17002) 

          Existing law requires the State Allocation Board (SAB) to  








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          require school districts to make all necessary repairs, renewals  
          and replacements to ensure that a project funded by state bond  
          funds is at all times maintained in good repair, working order  
          and condition and requires a school district to establish a  
          restricted account within the school district general fund for  
          the purpose of providing moneys for ongoing and major  
          maintenance of school buildings.  (EC § 17070.75)

            Existing law authorizes the Occupational Safety and Health  
          Standards Board to adopt, amend or repeal occupational safety  
          and health standards and orders. (Labor Code §142.3) Under this  
          authority the Board has adopted regulations regarding the  
          inspection and maintenance of HVAC systems.  These regulations  
          require HVAC inspection at least annually, and problems found  
          during these inspections must be corrected within a reasonable  
          time. Inspections and maintenance of the HVAC system must be  
          documented in writing and the employer is required to record the  
          name of the individual(s) inspecting and/or maintaining the  
          system, the date of the inspection and/or maintenance, and the  
          specific findings and actions taken. The employer is required to  
          retain these records for at least five years and to make all  
          records required by this section available for examination and  
          copying, within 48 hours of a request, as specified.   
          (California Code of Regulations, Title 8, § 5142)

            ANALYSIS
          
          This bill:

       1)Requires a public school that maintains an Internet Web site, to:  


               a)         Post the most recent date of a heating,  
               ventilation, and air conditioning system inspection report  
               on its internet website.

               b)         Post information on how the report may be  
               obtained on its internet website. 

       2)Requires, for schools that do not maintain a website, the school  
            district to comply with the posting requirements outlined in  
            #1.









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       3)Requires a county office of education to comply with the posting  
            requirements outlined in #1 for schools in its jurisdiction. 

       4)Makes a number of related declarations and findings. 
           
          STAFF COMMENTS

          1)Need for the bill.  According to the author, there is no  
            mechanism in current law to ensure schools are annually  
            servicing their heating, ventilation and air conditioning  
            (HVAC) systems.  Dirty HVAC systems expose children and staff  
            to rot, mold, and other airborne pathogens, which contribute  
            to respiratory illnesses. The author notes that asthma is one  
            of the leading reasons students miss school due to illness.  

          2)Mandates. While current law requires that inspection reports  
            must be presented within 48 hours of a request, this bill  
            would additionally require that districts, schools and county  
            offices clarify for the public on their websites, when the  
            annual inspection occurred and how to obtain the information  
            that current law requires that they be provided, if so  
            requested.  Legislative Counsel has identified potentially  
            reimbursable state mandated costs. According to the Assembly  
            Appropriations Committee analysis, actual costs to post HVAC  
            information online are unknown, but likely minor. 

            SUPPORT
          
          California Association of Sheet Metal and Air Conditioning  
          Contractor's National 
               Association
          California Federation of Teachers

            OPPOSITION
          
          Association of California School Administrators
          California Association of School Business Officials
          Coalition for Adequate School Housing
          County School Facilities Consortium
          San Diego Unified School District

                                      -- END --
          








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