BILL NUMBER: AB 1297 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 1, 2005
AMENDED IN ASSEMBLY MAY 27, 2005
INTRODUCED BY Assembly Member Evans
FEBRUARY 22, 2005
An act to add and repeal Part 2.8 (commencing with
Section 18970) of Division 13 of the Health and Safety
Sections 17070.756, 17584.4, and 17591.5 to the Education
Code, relating to buildings school facilities
.
LEGISLATIVE COUNSEL'S DIGEST
AB 1297, as amended, Evans. Buildings: rehabilitation.
Existing law, the Leroy F. Greene School Facilities Act of 1998
(the Greene Act of 1998), requires the State Allocation Board to
apportion to applicant school districts, prescribed
per-unhoused-pupil state funding for construction and modernization
of school facilities, including hardship funding, and supplemental
funding for site development and acquisition. Existing law requires
the board to require school districts that receive funding under the
Greene Act of 1998 to establish a restricted account within the
school district's general fund and to deposit an amount equal to 3%
of the school district's general fund, including other financing
uses, into the account for maintenance of school facilities.
This bill would allow school districts to use the funds in the
account for repairs or renovations to prevent poor indoor air quality
conditions in school facilities.
Existing law authorizes the governing board of a school district
to establish a restricted deferred maintenance fund, provides for the
deposit of prescribed local funds, and provides for the deposit of
matching state funds. Existing law requires the State Allocation
Board to apportion to school districts the state matching funds for
deferred maintenance, and establishes the maximum required local
deferred maintenance budget.
This bill would allow school districts to use the funds
apportioned by the State Allocation Board for repairs or renovations
to prevent poor indoor air quality conditions in school facilities.
This bill would impose a state-mandated local program by requiring
school districts to ensure that school facilities have heating,
ventilation, and air-conditioning systems that meet the minimum
requirements of regulations enacted by the Division of Industrial
Safety that govern the quality of air provided to employees in places
of employment. This bill would require school districts to use
contractors who have been certified by a nationally recognized
organization as qualified to inspect, maintain, and repair heating,
ventilation and air-conditioning systems.
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.
Existing law establishes the California Building Standards
Commission, provides for the adoption of the California Building
Standards Code, and contains various provisions relating to the
safety and reuse of buildings.
This bill would, until January 1, 2009, establish the California
Building Rehabilitation Code Advisory Council, which would be
required to recommend whether development of a California building
rehabilitation guideline would improve the reuse and safety of
existing buildings and whether it should be adopted as an appendix to
the California Building Standards Code.
The bill would require specified reports and recommendations to be
made to the commission, advisory panels appointed by the commission,
and the Legislature by prescribed dates.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17070.756 is added to the Education Code, to
read:
17070.756. School districts may use funds in the account
established pursuant to paragraph (1) of subdivision (b) of Section
17070.75 for repairs or renovations to prevent poor indoor air
quality conditions in school facilities.
SEC. 2. Section 17584.4 is added to the Education Code, to read:
17584.4. School districts may use funds apportioned pursuant to
Section 17584 for repairs or renovations to prevent poor indoor air
quality conditions in school facilities.
SEC. 3. Section 17591.5 is added to the Education Code, to read:
17591.5. (a) A school district shall ensure that facilities,
including, but not limited to, classrooms for pupils, have heating,
ventilation and air-conditioning (HVAC) systems that meet the minimum
requirements of indoor air quality regulations enacted pursuant to
Section 142.3 of the Labor Code, in order to prevent pupils from
being exposed to poor indoor air quality conditions.
(b) In carrying out the requirements of subdivision (a), a school
district shall utilize contractors that have been certified in
providing for the inspection, maintenance, and repair of HVAC systems
by a nationally recognized organization.
SEC. 4. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
SECTION 1. Part 2.8 (commencing with Section 18970) is added to
Division 13 of the Health and Safety Code, to read:
PART 2.8. BUILDING REHABILITATION
18970. There is hereby established the California Building
Rehabilitation Code Advisory Council.
18971. (a) Members of the council shall be appointed by the
executive director of the California Building Standards Commission by
March 31, 2006.
(b) The members shall include, but not be limited to, one
representative from each of the following: the California Building
Standards Commission, the Department of Housing and Community
Development, the Division of the State Architect, the office of the
State Fire Marshal, the State Energy Resources Conservation and
Development Commission, the Seismic Safety Commission, the League of
California Cities, the California State Association of Counties, the
California Building Industry Association, the Building Owners and
Managers Association, the County Building Officials Association of
California, the California Building Officials, the American Institute
of Architects California Council, the California Apartment
Association, the Structural Engineers Association of California, the
Concrete Masonry Association of California and Nevada, the California
Hotel and Motel Association, the Consulting Engineers and Land
Surveyors of California, the California Business Properties
Association, the California Foundation for Independent Living
Centers, the California Professional Firefighters, an organization
that represents low-income tenants, and the California Association of
Realtors.
(c) The members of the council shall serve without compensation
and shall not be reimbursed by the state for expenses.
18972. (a) The council shall recommend to the appropriate
advisory panels of the commission established pursuant to Section
18927 whether development of a California building rehabilitation
guideline would improve the reuse and safety of existing residential
and nonresidential buildings, and whether this guideline should be
adopted as a separate appendix to the California Building Standards
Code that may be adopted at the discretion of local governments.
(b) In making those recommendations, the council shall consider
national and state rehabilitation codes and guidelines.
(c) The commission shall assist the council in carrying out its
duties pursuant to this section. The commission shall seek service
assistance related to the implementation of this section from the
organizations represented on the council.
(d) The council and funding from nonstate sources to provide for
the implementation of this section shall make its recommendations to
the advisory panels by June 30, 2007.
(e) After a public hearing process, the advisory panels shall
report to the commission by September 30, 2007, on whether the
commission should adopt a California building rehabilitation
guideline.
(f) On or before March 31, 2008, the commission shall consider the
following:
(1) The reports and recommendations of the advisory panels
completed pursuant to subdivision (e).
(2) The adoption of a California building rehabilitation
guideline.
(g) If the commission adopts a California building rehabilitation
guideline, the commission shall report to the Legislature within six
months on the contents of the guideline and the expected impact on
the rehabilitation of existing buildings.
18973. This part shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, that is enacted on or before January 1, 2009, deletes or
extends that date.