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
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