BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Jack Scott, Chair
2005-2006 Regular Session
BILL NO: AB 1297
AUTHOR: Evans
AMENDED: June 1, 2005
FISCAL COMM: Yes HEARING DATE: June 29, 2005
URGENCY: No CONSULTANT:Lynn Lorber
SUBJECT : School facility rehabilitation and reserve
accounts
SUMMARY
This bill requires a school district to ensure that
facilities have heating and ventilation and
air-conditioning (HVAC) systems that meet the minimum
requirements of occupational safety and health standards
(OSHA) for indoor air quality, and requires schools to use
contractors that have been certified by a nationally
recognized organization to maintain HVAC systems.
BACKGROUND
Current law (The Leroy F. Greene School Facilities Act)
requires school districts participating in the School
Facilities Program to maintain a 3% restricted reserve for
routine maintenance, known as the Deferred Maintenance
Fund.
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.
ANALYSIS
This bill , which applies to existing school buildings:
1) Requires a school district to ensure that school
facilities have HVAC systems that meet the minimum
requirements of OSHA standards for indoor air quality.
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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.
3) 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.
STAFF COMMENTS
1) Bill history . The provisions of this bill were heard
in the Assembly Education Committee as AB 1292
(Evans), which was subsequently held on the Assembly
Appropriations Committee's suspense file. AB 1297 was
gutted and amended on the Assembly Floor to include
the provisions formerly in AB 1292.
2) Contractors vs. school employees . This bill requires
school districts to use contractors that have been
certified by a nationally recognized organization in
inspecting, maintaining and repairing HVAC systems.
Does this limit the pool of people who may provide
these services? Does this require schools to contract
out for these services instead of using their own
employees?
3) Cost . According to the Assembly Appropriations
Committee, this bill would impose annual General Fund
(Proposition 98) cost pressure, in the hundreds of
thousands of dollars, to the deferred maintenance
program to allow these funds to be used for repairs
related to indoor air quality.
4) OSHA standards . This bill requires a school district
to ensure that school facilities have HVAC systems
that meet the minimum requirements of OSHA standards
for indoor air quality. What is involved in meeting
OSHA standards? How is indoor air quality monitored,
tested, etc.?
5) Related legislation . AB 315 (Hancock) requires the
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State Allocation Board to adopt regulations for design
standards for school facilities that meet the minimum
design and construction criteria established by the
Collaborative for High Performance Schools. One of
the minimum design criteria relates to indoor air
quality, but AB 315 only relates to new construction.
AB 315 is scheduled for hearing in this Committee on
June 29, 2005.
6) Prior legislation . AB 2863 (Pavley, 2004) would have
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. AB 2863 was held on
the Assembly Appropriations Committee's suspense file.
SUPPORT
American Lung Association
California Association of Sheet Metal and Air Conditioning
Contractors' National
Association
California School Nurses Organization
Planning and Conservation League
Sierra Club
OPPOSITION
Association of California School Administrators
Coalition for Adequate School Housing
Los Angeles Unified School District
Riverside County Schools Advocacy Association