BILL ANALYSIS
AB 1297
Page 1
CORRECTED - 10/31/2005
CONCURRENCE IN SENATE AMENDMENTS
AB 1297 (Evans)
As Amended September 2, 2005
Majority vote
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|ASSEMBLY: |45-31|(June 2, 2005) |SENATE: |22-15|(September 8, |
| | | | | |2005) |
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Original Committee Reference: B. & P.
SUMMARY : Requires a school district to ensure that facilities,
including, but not limited to, classrooms for pupils that have
heating and ventilation and air-conditioning (HVAC) systems are
inspected by contractors or school district employees who have
been certified by one of three organizations, and requires a
school district to utilize contractors or school districts
employees who have been certified by one of three organizations
to maintain or repair HVAC systems to issue HVAC inspection
reports .
The Senate amendments :
1)Delete the authorization for 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)Delete the requirement that a school district ensure that
facilities have HVAC systems that meet the minimum
requirements of indoor air quality regulations enacted
pursuant to Labor Code Section 142.3.
3)Specifies that a school district shall utilize contractors or
school employees who have been certified by one of the
following organizations to inspect HVAC systems:
a) The Testing, Adjusting, and Balancing Bureau;
b) The National Environmental Balancing Bureau; or,
AB 1297
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c) The Associated Air Balancing Council.
4)Specifies that a school district shall utilize contractors or
school employees who have been certified by one of the
following organizations to maintain or repair HVAC systems:
a) The International Training Institute for the Sheet Metal
and Air Conditioning Industry;
b) The North American Technical Excellence; or,
c) 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.
5)Specifies that a school district is not prevented from
utilizing contractors or school district employees who are not
certified to perform emergency, nonscheduled, or routine
maintenance and repairs of HVAC systems in compliance with the
Local Agency Public Construction Act.
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).
AS PASSED BY THE ASSEMBLY , this bill:
1)Required a school district to ensure that facilities,
including, but not limited to, classrooms for pupils, have
HVAC systems that meet the minimum requirements of indoor air
quality regulations enacted pursuant to Labor Code Section
142.3.
2)Authorized 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 and required a school
district to use contractors that have been certified in
providing for the inspection, maintenance, and repair of HVAC
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systems by a nationally recognized organization in carrying
out the requirements of this bill.
FISCAL EFFECT : According to the Senate Appropriations
Committee, $500,000 in 2005-06, and one million dollars annually
thereafter. Amendments taken by the Senate Appropriations
Committee will likely reduce costs to this bill.
COMMENTS : AB 1297 is similar to AB 1292 (Evans), which was held
on the Assembly Appropriations Committee Suspense File. This
bill is based on a November 2003 report titled, "Environmental
Health Conditions in California's Portable Classrooms" pursuant
to AB 2872 (Shelley), Chapter 144, Statutes of 2000, which
requires 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 actions that can be taken to remedy and prevent any
unhealthful conditions identified by the study. 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.
Among others, the report offers a number of 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.
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087
FN: 0013132