BILL NUMBER: AB 1297	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 2, 2005
	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 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.
   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 impose a state-mandated local program by
requiring school districts to ensure that school facilities that have
heating, ventilation, and air-conditioning systems 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 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
    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.
   (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.
   (c) This section does not prevent a school district from utilizing
contractors or school district employees who are not certified
pursuant to subdivisions (a) and (b) to perform emergency,
nonscheduled, or routine maintenance and repairs of HVAC systems,
 or from complying   in compliance  with
the requirements of Article 3 (commencing with Section 20110) of
Chapter 1 of Part 3 of the Public Contract Code.
  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.