Amended in Assembly April 13, 2016

Amended in Assembly March 28, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1783


Introduced by Assembly Member Dodd

(Principal coauthor: Senator Wolk)

February 4, 2016


An act to add Chapter 8 (commencing with Section 17660) to Part 10.5 of Division 1 of Title 1 of the Education Code, relating to school facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 1783, as amended, Dodd. School facilities: nonstructural earthquake hazards: assessment.

Existing law, the Field Act, generally requires the Department of General Services to supervise the design and construction of, the reconstruction or alteration of, or the addition to, a school building to ensure, among other things, that plans and specifications comply with adopted rules and regulations and building standards, including those relating to seismic safety. Existing law requires the Office of Emergency Services, in cooperation with the State Department of Education, the Department of General Services, and the Alfred E. Alquist Seismic Safety Commission, to develop an educational pamphlet for use by school personnel to identify and mitigate the risks posed by nonstructural earthquake hazards.

This bill would require each school district, county office of education, and charterbegin delete school,end deletebegin insert school located in an area of higher seismicity, as defined,end insert on or before January 1, 2018, to develop a plan for the inspection of the contents in each of its school buildingsbegin insert of areas that are accessible to or occupied by pupilsend insert to assess whether the contents comply with the guidelines set forth in the pamphlet, to identify school building contents that do not comply with the guidelines, and to develop corrective actions to bring noncompliant contents into compliance. The bill would require, among other things, that the plan be developed in consultation with specified persons, that it designate the responsible person or persons who will perform the assessment and develop the corrective action plans for noncompliant contents, and that it include a cost estimate for the assessment. The bill would require each school district, county office of education, and charter school to complete the assessment on or before January 1, 2020. The bill would require, within 60 days of completing an assessment for each school building, that a checklist of compliant and noncompliant contents be reported to the governing board of the school district, the county board of education, or the governing body of the charter school, as applicable, with a prioritization of noncompliant items that threaten the safety of pupils and school personnel and a set of recommended corrective actions to bring high-priority noncompliant contents into compliance with the published guidelines. By imposing additional duties on local educational agency officials, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) Following significant damage to school buildings in the 1933
4Long Beach earthquake, the Field Act was enacted to mandate the
5earthquake-resistant construction of schools.

P3    1(b) The Division of the State Architect (DSA) reviews the
2design, construction, alteration, addition, and rehabilitation of
3K-12 public schools and community colleges.

4(c) The DSA also monitors the safety of nonstructural
5components installed in school facilities.

6(d) Implementation of the Field Act, as defined pursuant to
7Section 17281 of the Education Code, depends upon a complex
8interrelationship with dispersed responsibilities among state
9departments and agencies, school districts, local government
10building departments, educational institutions, and the construction
11industry.

12(e) The South Napa earthquake struck in the early morning on
13August 24, 2014. Structural damage to schools was minimal.
14However, nonstructural damage was significant and could have
15been life threatening had the earthquake occurred during school
16hours.

17(f) The earthquake highlighted dangers posed by light fixtures,
18unrestrained bookcases, storage units, furniture, and other similar
19school contents that are not subject to the Field Act’s requirements.

20(g) The DSA has issued guidelines for nonstructural earthquake
21hazards in California schools, which include furniture and
22equipment. However, there are no requirements in state law similar
23to the requirements of the Field Act that require the DSA, local
24fire agencies, or school districts to inspect schools to ensure that
25school contents comply with the DSA nonstructural component
26guidelines.

27(h) School classrooms should be examined to ensure that
28furnishings and equipment are properly located, anchored and
29braced to prevent harm to pupils and school personnel, and to
30ensure egress from any room after an earthquake.

31

SEC. 2.  

Chapter 8 (commencing with Section 17660) is added
32to Part 10.5 of Division 1 of Title 1 of the Education Code, to read:

33 

34Chapter  8. Nonstructural Earthquake Hazards
35

 

36

17660.  

(a) begin insert(1)end insertbegin insertend insert By no later than January 1, 2018, each school
37district, county office of education, and charter schoolbegin insert located in
38an area of higher seismicityend insert
shall develop a plan for the inspection
39of the contents, as described in Section 17662, in each of its school
40
begin delete buildings.end deletebegin insert buildings of areas that are accessible to or occupied by
P4    1pupils, including classrooms, hallways, libraries, gymnasiums,
2multipurpose rooms, cafeterias, computer rooms, administrative
3offices, and other similar spaces.end insert

begin insert

4
(2) For purposes of this section, “higher seismicity” means an
5area with the result of .30g or greater on the California Geological
6Survey’s Ground Motion Interpolator found on the Department of
7Conservation Internet Web site.

end insert
begin insert

8
(3) The Department of Conservation, on or before February 1,
92017, shall post instruction or a hyperlink on its Internet Web site
10on how to determine whether a school district, county office of
11education, or charter school is located in an area of higher
12seismicity.

end insert

13(b) The purpose of the plan shall be to assess whether the
14contents comply with the guidelines set forth in Chapter 3
15(Furniture and Equipment) of the “Guide and Checklist for
16Nonstructural Earthquake Hazards in California Schools,” the
17educational pamphlet published by the Office of Emergency
18Services, in cooperation with the State Department of Education,
19the Department of General Services, and the Alfred E. Alquist
20Seismic Safety Commission pursuant to Section 8587.7 of the
21Government Code, to identify school building contents that do not
22comply with the guidelines, and to develop corrective actions to
23bring noncompliant contents into compliance.

24(c) The plan shall be developed in consultation with a California
25licensed civil or structural engineer or a California licensed
26architect, a representative ofbegin delete theend deletebegin insert aend insert local fire servicebegin delete agency of each
27school building,end delete
begin insert agency,end insert a school administrator or school business
28official, a classroom teacher, and a representative of classified
29school employees.

30(d) The plan shall designate the responsible person or persons
31in the school district, county office of education, or charter school,
32as applicable, who will perform the assessment and develop the
33corrective action plans for noncompliant contents. The plan shall
34also identify all school buildings that are to be assessed and the
35order of assessment.

36(e) The plan shall include a cost estimate for the assessment.

37(f) The plan shall be presented to the governing board of the
38school district, the county board of education, or the governing
39body of the charter school, as applicable, at a public meeting held
40pursuant to the Ralph M. Brown Act (Chapter 9 (commencing
P5    1with Section 54950) of Part 1 of Division 2 of Title 5 of the
2Government Code), or, in the case of a statewide charter school,
3the Bagley-Keene Open Meeting Act (Article 9 (commencing with
4Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of
5the Government Code).

6

17661.  

(a) Each school district, county office of education,
7and charter school shall complete an assessment pursuant to the
8plan developed pursuant to Section 17660 on or before January 1,
9 2020.

10(b) The person or persons designated pursuant to subdivision
11(d) of Section 17660 shall, at minimum, complete the checklist
12published in the “Guide and Checklist for Nonstructural Earthquake
13Hazards in California Schools” to identify all compliant and
14noncompliant contents found pursuant tobegin insert Chapter 3 ofend insert the checklist.

15(c) (1) Within 60 days of completing an assessment for each
16school building, the checklist of compliant and noncompliant
17contents shall be reported to the governing board of the school
18district, the county board of education, or the governing body of
19the charter school, as applicable. The report shall include a
20 prioritization of noncompliant items that present an immediate and
21serious threat to the safety of pupils and school personnel and a
22set of recommended corrective actions to bring high-priority
23noncompliant contents into compliance with the published
24 guidelines.

25(2) The governing board of the school district, the county board
26of education, or the governing body of the charter school, as
27applicable, shall review the report in a public meeting held pursuant
28to the Ralph M. Brown Act (Chapter 9 (commencing with Section
2954950) of Part 1 of Division 2 of Title 5 of the Government Code),
30or, in the case of a statewide charter school, the Bagley-Keene
31Open Meeting Act (Article 9 (commencing with Section 11120)
32of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government
33Code), and shall post the report on its Internet Web site.

begin delete

34(d) (1) If corrective actions for noncompliant contents in each
35school building in the school district, the county office of
36education, or charter school are completed, the

end delete

37begin insert(d)end insertbegin insertend insertbegin insert(1)end insertbegin insertend insertbegin insertThe end insertsuperintendent ofbegin delete theend deletebegin insert aend insert school district, the county
38superintendent of schools, or the chief administrator ofbegin delete theend deletebegin insert aend insert charter
39school, as applicable, shallbegin insert annuallyend insert certify in writing to the
40governing board of the school district, the county board of
P6    1education, or the governing body of the charter school, as
2applicable, which corrective actions have been taken and
3completed.

4(2) The certifications for each school building shall be posted
5to the school district’s, county office of education’s, or charter
6school’s Internet Web site, as applicable.

7

17662.  

For purposes of this chapter, “contents” includes, but
8is not limited to, file cabinets, bookcases, desktop and countertop
9equipment, equipment on carts, display cases, art objects, potted
10plants, aquariums, equipment on wheels or rollers, such as pianos
11and chalkboards, office equipment, refrigerators, vending machines,
12shop and gym equipment, gas cylinders, gas piping,begin insert andend insert storage
13
begin delete racks, electrical equipment, mechanical equipment, plumbing
14equipment, and kitchen equipment.end delete
begin insert racks.end insert

15

SEC. 3.  

If the Commission on State Mandates determines that
16this act contains costs mandated by the state, reimbursement to
17local agencies and school districts for those costs shall be made
18pursuant to Part 7 (commencing with Section 17500) of Division
194 of Title 2 of the Government Code.



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