BILL NUMBER: AB 1297 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 30, 2005
AMENDED IN SENATE AUGUST 15, 2005
AMENDED IN SENATE JULY 14, 2005
AMENDED IN ASSEMBLY JUNE 1, 2005
AMENDED IN ASSEMBLY MAY 27, 2005
INTRODUCED BY Assembly Member Evans
FEBRUARY 22, 2005
An act to add Sections 17070.756, 17584.4, and
Section 17591.5 to the Education Code, relating to 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 that
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 are inspected,
maintained, and repaired by contractors or school district
employees who have been certified by one of several specified
organizations to issue inspection reports and to 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: 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 1. 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, that
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), pursuant to Section 142.3 of
the Labor Code and as implemented by paragraph (1) of subdivision (b)
of Section 5142 of Title 8 of the California Code of Regulations, a
school district shall utilize are inspected by
contractors or school district employees who have been certified by
one of the following organizations to issue HVAC inspection reports:
(1) The Testing, Adjusting, and Balancing Bureau.
(2) The National Environmental Balancing Bureau.
(3) The Associated Air Balancing Council.
(c) In carrying out the requirements of subdivision (a), a
(b) In performing maintenance or
repairs on an HVAC system, a school district shall utilize
contractors or school district employees who have been certified by
one of the following organizations to maintain and repair HVAC
systems:
(1) The International Training Institute for the Sheet Metal and
Air Conditioning Industry.
(2) The North American Technical Excellence.
(3) The National Inspection, Testing and Certification
Corporation, or any other organization that is accredited by the
American National Standards Institute to issue an HVAC Mastery
Certification.
(d)
(c) This section does not prevent a school
district from utilizing contractors or school district employees who
are not certified pursuant to subdivisions (b) or (c)
(a) and (b) to perform emergency, nonscheduled,
or routine maintenance and repairs of HVAC systems, or from complying
with the requirements of Article 3 (commencing with Section 20110)
of Chapter 1 of Part 3 of the Public Contract Code.
SEC. 4. SEC. 2. 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.