BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1127
                                                                  Page  1

          Date of Hearing:   May 13, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                   AB 1127 (Solorio) - As Amended:  April 29, 2009 

          Policy Committee:                              Education  
          Vote:7-2

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill requires all school modernization projects, on or  
          after July 1, 2010, that are structural in nature and are a part  
          of a multistory building or building with exits that open to an  
          enclosed hallway to include an automatic fire detection, alarm,  
          and sprinkler system approved by the State Fire Marshall (SFM).   
          Specifically, this bill:     

          Authorizes the State Allocation Board (SAB) to waive this  
          requirement, if the cost of the automatic sprinkler system is  
          greater than 20% of the replacement cost of the building.  This  
          measure further requires the SAB to adopt regulations to  
          implement this waiver.  

           FISCAL EFFECT  

          Annual state school construction modernization costs of $50  
          million to require all school modernization projects to include  
          an automatic fire detection, alarm, and sprinkler system, as  
          specified.  This assumes approximately 100 projects are approved  
          annually.  

           COMMENTS  

           1)Purpose  . This bill attempts to address a long standing issue  
            regarding fire safety and public schools. Since 1998, the  
            Legislature has considered several bills to require automatic  
            fire detection systems in schools and these measures were  
            unsuccessful. These measures were the result of a terrible  
            fire in 1997 in East Palo Alto and a time when schools were  
            required to only have hand pull fire alarms. 








                                                                  AB 1127
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            The author sites recent statistics by the National Fire  
            Protection Association, which indicate that from 2002-2005,  
            6,560 structure fires occurred nationally on educational  
            properties. These fires cause, on average, 95 civilian  
            injuries and $99 million in direct property damage each year.   
            According to the SFM there were a total of 1,101 education  
            system structure fires between 2000-2008.  The estimated  
            property losses associated with these fires is $48.4 million.   


           2)AB 575 (O'Connell), Chapter 725, Statutes of 2001  required an  
            automatic fire detection and alarm system consisting of only  
            smoke or heat detectors be installed in school facility  
            modernization projects that have an estimated total cost in  
            excess of $200,000. It also required a new school facility  
            construction project to contain automatic fire detection and  
            alarm systems that consist of smoke or heat detectors, or a  
            combination thereof, as determined by the SFM. The law also  
            specified that an alarm in both modernization and new  
            construction projects, upon activation, alert all occupants  
            and transmit the alarm signal to an approved supervising  
            station. 

            Chapter 725 also required the SAB to adjust new construction  
            grants as necessary to accommodate 50% of the increased costs  
            due to automatic fire detection, alarm, and sprinkler system  
            requirements.  Likewise, statute requires the SAB to adjust  
            modernization grants to accommodate 80% of the increased  
            costs.  The SAB meets these requirements by providing school  
            districts with a supplemental grant, as shown in the table  
            below.  


             -------------------------------------------------------------- 
            |                                    |    New     |Modernizatio|
            |                                    |Construction|     n      |
            |                                    |            |            |
            |------------------------------------+------------+------------|
            |Automatic Fire Detection/Alarm      |    $11     |    $114    |
            |System - Elementary                 |            |            |
            |------------------------------------+------------+------------|
            |Automatic Fire Detection/Alarm      |    $15     |    $114    |
            |System - Middle                     |            |            |
            |------------------------------------+------------+------------|








                                                                  AB 1127
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            |Automatic Fire Detection/Alarm      |    $25     |    $114    |
            |System - High                       |            |            |
            |------------------------------------+------------+------------|
            |Automatic Fire Detection/Alarm      |    $48     |    $318    |
            |System - Special Day Class (severe) |            |            |
            |                                    |            |            |
            |------------------------------------+------------+------------|
            |Automatic Fire Detection/Alarm      |    $33     |    $213    |
            |System - Special Day Class          |            |            |
            |(non-severe)                        |            |            |
            |------------------------------------+------------+------------|
            |Automatic Sprinkler System -        |    $158    |            |
            |Elementary                          |            |            |
            |------------------------------------+------------+------------|
            |Automatic Sprinkler System - Middle |    $188    |            |
            |                                    |            |            |
            |------------------------------------+------------+------------|
            |Automatic Sprinkler System - High   |    $194    |            |
            |------------------------------------+------------+------------|
            |Automatic Sprinkler System -        |    $497    |            |
            |Special Day Class (severe)          |            |            |
            |------------------------------------+------------+------------|
            |Automatic Sprinkler System -        |    $334    |            |
            |Special Day Class (non-severe)      |            |            |
             -------------------------------------------------------------- 

             The School Modernization Program  provides state funds on a  
            60/40 basis for improvements to educationally enhance school  
            facilities. Projects eligible under this program include such  
            modifications as air conditioning, plumbing, lighting, and  
            electrical systems. Site acquisition may not be included in  
            modernization applications. According to the SAB, as of March  
            2009, there is approximately $200 million available for  
            modernization projects from Proposition 1D (passed by the  
            voters in 2006).  

           3)Previous legislation  .  AB 2343 (Nation), similar to this  
            measure, was vetoed in September 2004 with the following  
            message: 

            "This is an issue that is best resolved by locally elected  
            school boards who are in the best position to determine the  
            structural planning of their schools and the safety needs of  
            their students. Existing law already provides that new school  
            construction projects include automated fire detection, alarm,  








                                                                  AB 1127
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            and sprinkler systems and school modernization projects must  
            include automated fire detection and alarm systems. Therefore,  
            since current law does not prohibit a local school district  
            from adding sprinkler systems to their modernization projects  
            if they choose, I believe this decision is best left to local  
            districts on a case-by-case basis depending upon the needs of  
            their schools." 


           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916)  
          319-2081