BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 1126 (Rendon) - School facilities:  heating, ventilation, and  
          air conditioning:  inspection reports
          
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          |Version: April 20, 2015         |Policy Vote: ED. 9 - 0          |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: July 6, 2015      |Consultant: Jillian Kissee      |
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          This bill meets the criteria for referral to the Suspense File.


          Bill  
          Summary:  This bill requires the following information to be  
          posted on public school websites: (1) the most recent date of a  
          heating, ventilation, and air conditioning (HVAC) system  
          inspection report, and (2) information on how the report may be  
          obtained.


          Fiscal  
          Impact:  
           Unknown, potentially significant reimbursable mandate costs to  
            post online the dates of recent reports, as well as develop  
            and post instructions on how best to obtain the report.  See  
            staff comments.


          Background:  Existing law defines "good repair" as a facility that is  
          maintained in a manner that assures that it is clean, safe, and  
          functional as determined by an inspection and evaluation  







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          instrument developed by the Office of Public School  
          Construction.   Existing law requires that these instruments  
          include specified criteria, including that mechanical systems,  
          including HVAC 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  
          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 (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)





          Proposed Law:  
            This bill requires the most recent date of a HVAC system  
          inspection report and information on how the report may be  
          obtained to be posted on the website of all of the following:
           A public school that maintains a website.










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           A school district for a school that does not maintain a  
            website.


           A county office of education for schools in its jurisdiction.




          Staff  
          Comments:  This bill imposes a new requirement on public  
          schools, school districts, and county offices of education to  
          post on their websites specified information regarding the  
          latest HVAC system inspection report.  The Commission on State  
          Mandates is likely to determine this requirement to be a higher  
          level of service as compared to existing law and therefore  
          reimbursable by the state.  Staff time devoted to implement the  
          following activities is likely to be determined reimbursable by  
          the Commission:
                  One-time:  Public schools would need to determine and  
               post online, how the report may be obtained.  School  
               districts would be required to identify any public schools  
               that do not maintain a website, and if any, work with the  
               school to determine how the report can be obtained.  County  
               offices of education would need to work with schools in its  
               jurisdiction to gather dates of inspection reports,  
               determine how best to obtain them, and post this  
               information on their websites.


                  Ongoing:  Public schools would need to post the most  
               recent date of a HVAC inspection report.  School districts,  
               if applicable, and county offices of education would need  
               to monitor and post updated report dates.


          Assuming all public schools maintained a website, school  
          districts would not incur costs to post information on their  
          websites.  If approximately 10,000 public schools and 58 county  
          offices of education spent just one hour on one-time and ongoing  
          activities, costs incurred by the state could be over $600,000.   
          Existing law allows a county superintendent of schools to submit  
          a combined claim on behalf of school districts within its  
          jurisdiction provided it is the fiscal agent for the districts  








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          if the claim exceeds the minimum required threshold to submit a  
          claim of $1,000 in expenses in a given year.  Since the  
          enactment of the Budget Act of 2012, the state has funded a  
          mandate block grant in which local educational agencies may opt  
          in at their own discretion.  This bill could create pressure to  
          increase funding to the block grant if its requirements are  
          determined to be a reimbursable state mandate.




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