BILL ANALYSIS
AB 1292
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Date of Hearing: May 11, 2005
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Judy Chu, Chair
AB 1292 (Evans) - As Amended: April 28, 2005
Policy Committee: EducationVote:8-3
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill:
1)Requires each schoolsite council to adopt guidelines that
describe the actions of district staff, teachers, and
schoolsite staff to ensure good air quality by January 1, 2007
and each year thereafter.
2)Requires a school district, upon approval of the guidelines by
district's governing board, to distribute them to all teachers
at the schoolsite.
3)Authorizes school district to use funds from the district
facilities maintenance account and the Deferred Maintenance
Fund for repairs or renovations to prevent poor indoor air
quality conditions in school facilities.
4)Requires school districts to ensure that facilities,
including, but not limited to, classrooms, have heating,
ventilation, and air conditioning (HVAC) systems that meet
minimum requirements of indoor air quality, as adopted by the
California Occupational Safety and Health Standards Board
(Cal/OSHA).
a) Requires that school districts use HVAC contractors
certified in maintenance by a nationally recognized
organization.
FISCAL EFFECT
1)General Fund (Proposition 98) reimbursable mandated costs of
approximately $4.6 million, for each schoolsite council to
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develop indoor air quality guidelines.
2)Annual General Fund (Proposition 98) cost pressure, in the
hundreds of thousands, to the deferred maintenance program to
allow these funds to be used for repairs related to indoor air
quality.
3)Minor General Fund (Proposition 98) costs, likely less than
$10,000, to schools to distribute guidelines to each teacher.
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COMMENTS
1)Purpose . A recent state report on indoor air quality in
portable and traditional classrooms by the Department of
Health Services and the California Air Resources Board found
serious indoor air quality problems including poor
ventilation, problems with temperature and humidity, air
pollutants, floor dust contaminants, moisture, and mold. This
bill is designed to ensure that public schools address the
need for better indoor air quality in schools.
2)The Deferred Maintenance program provides state matching
funds, on a dollar-for-dollar basis, to assist school
districts with expenditures for major repair or replacement of
existing school building components.
The proposed 2005-06 budget provides $267.3 million, including
funds for growth and a cost-of-living adjustment.
3)Existing law (SB 50, Chapter 407, Statutes of 1998) requires
districts participating in the State School Facilities program
to maintain a three percent restricted reserve for routine
maintenance. This fund is known as the Deferred Maintenance
Fund.
4)Is it appropriate for schoolsite councils to develop
guidelines regarding indoor air quality ? Schoolsite councils
were established as a condition of receiving specified
categorical funding. They are responsible for developing a
school plan regarding instructional services (i.e., curricula
and professional development) and budget issues. They are
composed of teachers, parents, and interested community
members.
The committee may wish to consider whether these councils are
sufficiently qualified to develop guidelines regarding indoor
air quality. Likewise, isn't it more appropriate to have
statewide guidelines for indoor air quality rather than each
individual site? It seems illogical for each schoolsite to
have different indoor air quality guidelines. This means that
not only will different school districts be following
different guidelines, but individual schools within a district
will as well.
5)Related legislation .
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a) AB 2863 (Pavley), which was held on this committee's
suspense file in 2004, required school districts applying
for state school facilities funds to include in its plans
for new construction and modernization of a school building
an indoor air quality management plan, and authorized the
use of certain funds to prevent indoor air problems in
school facilities.
b) AB 315 (Hancock), which is pending in the Assembly,
requires the State Allocation Board to adopt regulations
regarding design standards established by the Collaborative
for High Performance Schools (including indoor air quality)
for school facilities constructed with state facilities
funds.
Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081