BILL ANALYSIS
AB 1297
Page 1
ASSEMBLY THIRD READING
AB 1297 (Evans)
As Amended June 1, 2005
Majority vote
BUSINESS & PROFESSIONS APPROPRIATIONS
(vote not relevant) (vote not
relevant)
SUMMARY : Requires a school district to ensure that facilities,
including, but not limited to, classrooms for pupils, have
heating and ventilation and air-conditioning (HVAC) systems that
meet the minimum requirements of indoor air quality regulations
enacted pursuant to Labor Code Section 142.3. Specifically,
this bill :
1)Authorizes school districts to use funds from the district
maintenance of facilities account and the Deferred Maintenance
Funds for repairs or renovations to prevent poor indoor air
quality conditions in school facilities.
2)Requires a school district to use contractors that have been
certified in providing for the inspection, maintenance, and
repair of HVAC systems by a nationally recognized organization
in carrying out the requirements of this bill.
EXISTING LAW requires schools, generally, to comply with
environmental protection laws in the same manner as is required
of other persons, businesses, institutions and governmental
entities. There are limited provisions that protect students
and teachers from exposures to hazardous substances (e.g.,
asbestos).
FISCAL EFFECT : According to the Assembly Appropriations
Committee, annual General Fund (Proposition 98) cost pressure,
in the hundreds of thousands, to the deferred maintenance
program for repairs related to indoor air quality.
COMMENTS : This bill is similar to AB 1292 (Evans), which was
held on the Assembly Appropriations Committee Suspense File.
AB 2872 (Shelley), Chapter 144, Statutes of 2000, required the
State Air Resources Board (ARB) and the Department of Health
Services to conduct a comprehensive study and review of the
environmental health conditions in portable classrooms and offer
AB 1297
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actions that can be taken to remedy and prevent any unhealthful
conditions identified by the study. On November 2003, a report
titled, "Environmental Health Conditions in California's
Portable Classrooms" was submitted to the Legislature. The
study was based on a mail survey of 1,000 randomly selected
schools and collection of chemical, biological and environmental
measurements obtained in 201 classrooms at 67 randomly selected
schools. Both portable and traditional classrooms were
evaluated. Some of the findings are incorporated in the
findings and declarations section of this bill.
The report identified several regulations adopted by the
Cal/OSHA relevant to schools as workplaces. Pursuant to Labor
Code 142.3, California Code of Regulations (CCR) Title 8,
Section 3362 requires workplaces to be maintained in a sanitary
condition; Section 3203 requires development of a plan and
training of appropriate staff to assure the health and safety of
the school employees; and Section 5142 requires ventilation
systems to be operated continuously and maintained as they were
designed to be in order to provide sufficient fresh outdoor air
and provides recommendations on the operation, inspection and
maintenance, and designs of HVAC systems. This bill requires
school districts to ensure that they have HVAC systems that meet
the minimum requirements of CCR Section 5142. The report
states: "Schools, districts, and the state should assure that
all school buildings meet all relevant State regulations,
particularly those related to operation and maintenance. Many
classrooms do not meet various existing State standards, and
meeting those regulations would go far to provide healthful
conditions in classrooms."
The report also offers a number of other low cost actions that
can be accomplished immediately, including urging schools and
districts to conduct "self-assessments" of base safety and
health conditions, requiring districts and schools to develop an
Indoor Environmental Quality Management Plan, and establishing a
"best practices" policy for the design, construction, operation,
and maintenance of new schools, including guidelines developed
by the Collaborative for High Performance Schools; and longer
term recommendations that require increases in resources such as
developing training programs, implementing an integrated pest
management program, retiring older portable classrooms, and
developing state-level chemical exposure guidelines or standards
for classrooms. The author chose the issues of installing,
monitoring, and maintenance of HVAC systems and providing
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direction to schools to address indoor air quality because the
ARB report cited these two issues as low-cost initial approaches
the state could promote in improving indoor air quality in our
schools.
This bill requires school districts to use contractors that have
been certified by a nationally recognized organization in
inspecting, maintaining and repairing HVAC systems. According
to the National Energy Management Institute, the U.S. Army Corp.
of Engineers requires HVAC contractors to be certified. There
are three national organizations with certification programs,
the Testing, Adjusting and Balancing Bureau, the National
Environmental Balancing Bureau, and the Associated Air Balance
Council. All three are professional organizations comprised of
heating, ventilation and air conditioning professionals, and all
three certification programs require minimum education,
training, and testing for technicians and supervisors. It is
not known what percentage of technicians in California is
certified.
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087
FN: 0010999