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 ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 20, 2015 |Policy Vote: ED. 9 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: July 6, 2015 |Consultant: Jillian Kissee | | | | ----------------------------------------------------------------- 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 AB 1126 (Rendon) Page 1 of ? 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. AB 1126 (Rendon) Page 2 of ? 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 AB 1126 (Rendon) Page 3 of ? 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. -- END --