Existing law establishes a system of public elementary and secondary schools in this state, and authorizes local educational agencies throughout the state to operate schools and provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. Existing regulations require schools to have their heating, ventilation, and air conditioning systems inspected at least annually.

This bill would require each public school maintaining kindergarten or any of grades 1 to 12, inclusive, to post a copy of any the most recent date of a heating, ventilation, and air conditioning system inspection report on its and information on how the report may be obtained to be posted on the Internet Web site and on the Internet Web site of its school district or county office of education, as applicable. of certain local educational agencies. The bill would also state related findings and declarations of the Legislature. By imposing additional duties on local educational agencies, this bill would impose a state-mandated local program.

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.

Existing law establishes a system of public elementary and secondary schools in this state, and authorizes local educational agencies throughout the state to operate schools and provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. Existing regulations require schools to have their heating, ventilation, and air conditioning systems inspected at least annually.

This bill would require each public school maintaining kindergarten or any of grades 1 to 12, inclusive, to post a copy of any heating, ventilation, and air conditioning system inspection report on its Internet Web site and on the Internet Web site of its school district or county office of education, as applicable. The bill would also state related findings and declarations of the Legislature. By imposing additional duties on local educational agencies, this bill would impose a state-mandated local program.

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.

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 1126 (Rendon) - School facilities: heating, ventilation, and air conditioning: inspection reports

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

This bill requires the following information to be posted on public school websites: (1) the most recent date of a heating, ventilation, and air conditioning (HVAC) system inspection report, and (2) information on how the report may be obtained.

Fiscal Impact:

• Unknown, potentially significant reimbursable mandate costs to post online the dates of recent reports, as well as develop and post instructions on how best to obtain the report. See staff comments.

Background:

Existing law defines "good repair" as a facility that is maintained in a manner that assures that it is clean, safe, and functional as determined by an inspection and evaluation instrument developed by the Office of Public School Construction. Existing law requires that these instruments include specified criteria, including that mechanical systems, including HVAC systems, are functional and unobstructed and appear to supply adequate amount of air to all classrooms, work spaces, and facilities. (Education Code § 17002)

Existing law requires the State Allocation Board (SAB) to require school districts to make all necessary repairs, renewals and replacements to ensure that a project funded by state bond funds is at all times maintained in good repair, working order and condition and requires a school district to establish a restricted account within the school district general fund for the purpose of providing moneys for ongoing and major maintenance of school buildings. (EC § 17070.75)

Existing law authorizes the Occupational Safety and Health Standards Board (Board) to adopt, amend, or repeal occupational safety and health standards and orders. (Labor Code §142.3) Under this authority the Board has adopted regulations regarding the inspection and maintenance of HVAC systems. These regulations require HVAC inspection at least annually, and problems found during these inspections must be corrected within a reasonable time. Inspections and maintenance of the HVAC system must be documented in writing and the employer is required to record the name of the individual(s) inspecting and/or maintaining the system, the date of the inspection and/or maintenance, and the specific findings and actions taken. The employer is required to retain these records for at least five years and to make all records required by this section available for examination and copying, within 48 hours of a request, as specified. (California Code of Regulations, Title 8, § 5142)

Proposed Law:

This bill requires the most recent date of a HVAC system inspection report and information on how the report may be obtained to be posted on the website of all of the following:

• A public school that maintains a website.

• A school district for a school that does not maintain a website.

• A county office of education for schools in its jurisdiction.

Staff Comments:

This bill imposes a new requirement on public schools, school districts, and county offices of education to post on their websites specified information regarding the latest HVAC system inspection report. The Commission on State Mandates is likely to determine this requirement to be a higher level of service as compared to existing law and therefore reimbursable by the state. Staff time devoted to implement the following activities is likely to be determined reimbursable by the Commission:

• One-time: Public schools would need to determine and post online, how the report may be obtained. School districts would be required to identify any public schools that do not maintain a website, and if any, work with the school to determine how the report can be obtained. County offices of education would need to work with schools in its jurisdiction to gather dates of inspection reports, determine how best to obtain them, and post this information on their websites.

• Ongoing: Public schools would need to post the most recent date of a HVAC inspection report. School districts, if applicable, and county offices of education would need to monitor and post updated report dates.

Assuming all public schools maintained a website, school districts would not incur costs to post information on their websites. If approximately 10,000 public schools and 58 county offices of education spent just one hour on one-time and ongoing activities, costs incurred by the state could be over $600,000. Existing law allows a county superintendent of schools to submit a combined claim on behalf of school districts within its jurisdiction provided it is the fiscal agent for the districts if the claim exceeds the minimum required threshold to submit a claim of $1,000 in expenses in a given year. Since the enactment of the Budget Act of 2012, the state has funded a mandate block grant in which local educational agencies may opt in at their own discretion. This bill could create pressure to increase funding to the block grant if its requirements are determined to be a reimbursable state mandate.

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SENATE COMMITTEE ON EDUCATION

Senator Carol Liu, Chair

2015 - 2016 Regular

Bill No: AB 1126

Subject: School facilities: heating, ventilation, and air conditioning: inspection reports

SUMMARY

This bill requires a county office of education, a school district and a public school, as specified, to post on its Internet Web site, 1) the most recent date of a heating, ventilation and air conditioning (HVAC) system inspection report and 2) information on how to obtain the report.

BACKGROUND

Existing law defines "good repair" as meaning that a facility is maintained in a manner that assures that it is clean, safe, and functional as determined by an inspection and evaluation instrument developed by the Office of Public School Construction. Existing law requires that these instruments include specified criteria, including that mechanical systems, including heating ventilation and air conditioning systems, are functional and unobstructed and appear to supply adequate amount of air to all classrooms, work spaces, and facilities. (Education Code § 17002)

Existing law requires the State Allocation Board (SAB) to require school districts to make all necessary repairs, renewals and replacements to ensure that a project funded by state bond funds is at all times maintained in good repair, working order and condition and requires a school district to establish a restricted account within the school district general fund for the purpose of providing moneys for ongoing and major maintenance of school buildings. (EC § 17070.75)

Existing law authorizes the Occupational Safety and Health Standards Board to adopt, amend or repeal occupational safety and health standards and orders. (Labor Code §142.3) Under this authority the Board has adopted regulations regarding the inspection and maintenance of HVAC systems. These regulations require HVAC inspection at least annually, and problems found during these inspections must be corrected within a reasonable time. Inspections and maintenance of the HVAC system must be documented in writing and the employer is required to record the name of the individual(s) inspecting and/or maintaining the system, the date of the inspection and/or maintenance, and the specific findings and actions taken. The employer is required to retain these records for at least five years and to make all records required by this section available for examination and copying, within 48 hours of a request, as specified. (California Code of Regulations, Title 8, § 5142)

ANALYSIS

This bill:

1. Requires a public school that maintains an Internet Web site, to:

1. Post the most recent date of a heating, ventilation, and air conditioning system inspection report on its internet website.

2. Post information on how the report may be obtained on its internet website.

2. Requires, for schools that do not maintain a website, the school district to comply with the posting requirements outlined in #1.

3. Requires a county office of education to comply with the posting requirements outlined in #1 for schools in its jurisdiction.

4. Makes a number of related declarations and findings.

STAFF COMMENTS

1. Need for the bill. According to the author, there is no mechanism in current law to ensure schools are annually servicing their heating, ventilation and air conditioning (HVAC) systems. Dirty HVAC systems expose children and staff to rot, mold, and other airborne pathogens, which contribute to respiratory illnesses. The author notes that asthma is one of the leading reasons students miss school due to illness.

2. Mandates. While current law requires that inspection reports must be presented within 48 hours of a request, this bill would additionally require that districts, schools and county offices clarify for the public on their websites, when the annual inspection occurred and how to obtain the information that current law requires that they be provided, if so requested. Legislative Counsel has identified potentially reimbursable state mandated costs. According to the Assembly Appropriations Committee analysis, actual costs to post HVAC information online are unknown, but likely minor.

SUPPORT

California Association of Sheet Metal and Air Conditioning Contractor’s National

Association

California Federation of Teachers

OPPOSITION

Association of California School Administrators

California Association of School Business Officials

Coalition for Adequate School Housing

County School Facilities Consortium

San Diego Unified School District

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Date of Hearing: April 29, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 1126

Author:(Rendon) – As Amended Ver:April 20, 2015

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

SUMMARY: This bill requires the most recent date of a heating, ventilation, and air conditioning (HVAC) system inspection report and information on how the report may be obtained, to be posted on each public school website, for those that maintain a website. For schools that do not maintain a website, the school district is required to post the information; and requires county offices of education to post the information for schools under their jurisdiction.

FISCAL EFFECT:

Unknown, likely minor, Proposition 98/GF state mandated costs to school districts and COEs to post HVAC information online.

COMMENTS:

Purpose. Current law requires annual inspection of HVAC systems and requires employers to make the inspection reports available upon request within 48 hours. Current law also requires the school accountability report card to address, among others, the safety, cleanliness and adequacy of school facilities, including the requirement that facilities are maintained in good repair, working order, and condition.

The California Federation of Teachers, the sponsor of the bill, states that many students and staff learn and work in portable classrooms which are extremely vulnerable to rot, mold and other airborne-pathogens, while schools that are located in agricultural areas, industrial areas, or urban areas have unsafe levels of air pollution.

This bill extends current law to require local education agencies to post online, the most recent date of the HVAC system inspection and information on how the report may be obtained.

Analysis Prepared by: Misty Feusahrens / APPR. / (916) 319-2081

Date of Hearing: April 8, 2015

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

ABPCA Bill Id:AB 1126

Author:(Rendon) – As Introduced Ver:February 27, 2015

SUBJECT: School facilities: heating, ventilation, and air conditioning: posting of inspection reports

SUMMARY: Requires each public school maintaining kindergarten of any of grades 1 to 12, inclusive, to post a copy of any heating, ventilation, and air conditioning (HVAC) system inspection report on its Internet Web site and on the Internet Web site of its school district or county office of education. Finds and declares that many pupils and staff in California's public schools have a variety of respiratory illnesses such as asthma, and that documentation of inspections of HVAC systems are often not easily available for review by staff, parents, or pupils to make that the inspections are carried out in accordance with law.

EXISTING LAW:

1. Defines "good repair" as a facility that is maintained in a manner that assures that it is clean, safe, and functional. Requires the school facility inspection and evaluation instrument and local evaluation instruments to include specified criteria, including the criterion that mechanical systems, including HVAC systems, are functional and unobstructed and appear to supply adequate amount of air to all classrooms, work spaces, and facilities. (Education Code (EC) Section 17002)

2. Requires the State Allocation Board (SAB) to require school districts to make all necessary repairs, renewals and replacements to ensure that a project funded by state bond funds is at all times maintained in good repair, working order and condition. Requires a school district to establish a restricted account within the school district general fund for the purpose of providing moneys for ongoing and major maintenance of school buildings. (EC Section 17070.75)

3. Requires the local control and accountability plan (LCAP) to include actions that address eight state priorities, including ensuring that school facilities are maintained in good repair. (EC Section 52060)

4. Authorizes the Occupational Safety and Health Standards Board to adopt, amend or repeal occupational safety and health standards and orders. (Labor Code Section 142.3)

FISCAL EFFECT: The Legislative Counsel has keyed this bill as a state-mandated local program.

COMMENTS: Various sections of the law, in different Codes and Code sections, require school facilities to be in good working order and well maintained. In 2004, the state settled the Williams v. California lawsuit and agreed to a number of initiatives that will provide equal access to instructional material, safe and decent school facilities, and qualified teachers. The settlement resulted in an agreement to provide funds to low performing schools (deciles 1-3), including $800 million for emergency repair of school facilities. County offices of education were charged with inspection of the low-performing schools based on criteria of schools in good repair. "Good repair" is defined as a facility that is clean, safe and functional. The settlement also includes a lengthy list of facilities components required to be inspected, including gas pipes, doors and windows, fences, fire sprinklers, fire extinguishers, alarm systems, electrical systems, lighting, drinking fountains, roofs, gutters, and mechanical systems, including HVAC systems.

Under the Labor Code, the Occupational Safety and Health Standards Board (Board) is authorized to develop health and safety requirements for the protection of workers. Regulations adopted by the Board (Title 8, Section 5142) require HVAC systems to be maintained and operated in accordance with the State Building Standards Code and continuously functioning during working hours with some exceptions (e.g., during scheduled maintenance). The regulations also require the HVAC system to be inspected at least annually and problems found during the inspections to be corrected within a reasonable time. The employer is required to document in writing the name of the individual inspecting or maintaining the system, the date of the inspection and/or maintenance, and the specific findings and actions taken. The records are required to be retained for at least five years and made available for examination and copying, within 48 hours of a request, to the Division of Industrial Relations, any employee of the employer and to any designated representative of employees. This bill requires the inspection report to be posted on a school's and school district or county office of education's Internet Web site.

The California Federation of Teachers, the sponsor of the bill, states that many students and staff learn and work in portable classrooms which are extremely vulnerable to rot, mode and other airborne-pathogens, while schools that are located in agricultural areas, industrial areas, or urban areas have unsafe levels of air pollution. According to the American Lung Association, 129,000 children with asthma miss school or day care, resulting in 1.2 million days of missed school in California. The author states, "There is no mechanism in current law to ensure schools are annually servicing their HVAC systems. Dirty HVAC systems expose children and staff to rot, mold, and other airborne pathogens, which contribute to respiratory illnesses."

Current law already requires annual inspection of HVAC systems and requires employers to make the inspection reports available upon request within 48 hours. Current law also requires the school accountability report card to address, among others, the safety, cleanliness and adequacy of school facilities, including the requirement that facilities are maintained in good repair, working order, and condition. Requiring HVAC inspection reports to be posted on both the school and the school district's Web site may not be necessary.

Committee amendment. Staff recommends an amendment to strike the requirement to post the HVAC inspection report on both schools and school districts' Web sites and instead require schools to post the date inspections were completed and provide information on how interested parties can access the report. If a school does not maintain a Web site, the information would be posted on the school district's Web site.

REGISTERED SUPPORT / OPPOSITION:

Support

California Federation of Teachers (sponsor)

Opposition

None on file

Analysis Prepared by: Sophia Kwong Kim / ED. / (916) 319-2087