Bill Text: CA AB2453 | 2017-2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Air pollution: schools.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2018-09-23 - Chaptered by Secretary of State - Chapter 714, Statutes of 2018. [AB2453 Detail]

Download: California-2017-AB2453-Amended.html

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Amended  IN  Assembly  March 15, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 2453

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Introduced by Assembly Member Eduardo Garcia

February 14, 2018

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An act to amend Section 17074.25 of the Education Code, and to add Section 44391.3 to the Health and Safety Code, relating to air pollution.

LEGISLATIVE COUNSEL'S DIGEST

AB 2453, as amended, Eduardo Garcia. Air pollution: schools.

(1)  Existing law, the Leroy F. Greene School Facilities Act of 1998, requires the State Allocation Board to allocate to applicant school districts prescribed per-unhoused-pupil state funding for the construction and modernization of school facilities, including hardship funding, and supplemental funding for site development and acquisition.

This bill would authorize a grant for modernization under the act to be used to limit pupil exposure to harmful air pollutants by updating air filtration systems.

(2) The Air Toxics “Hot Spots” Information and Assessment Act of 1987 requires the State Air Resources Board to compile a list of substances that present a chronic or acute threat to public health when present in the ambient air, subjects certain facilities to the act according to a schedule, and requires the operator of a subject facility to prepare and submit to an air pollution control or air quality management district a proposed comprehensive emissions inventory plan, for approval by the air district.

The act also requires the state board to select locations around the state for the preparation of community emissions reduction programs, and to provide grants to community-based organizations for technical assistance and to support community participation in the programs. The act requires an air district containing a selected location, within one year of the state board’s selection, to adopt a community emissions reduction program.

This bill would authorize schools located in communities with facilities identified under the act as a source of toxic air contaminants to work with air districts to identify school sites for air quality adaptation efforts. The bill also would authorize schools located near a facility designated by an air district as a high priority category to be eligible for a grant as part of a community emissions reduction program to implement air quality mitigation efforts.

Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and nonvehicular sources. Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution, and air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources.

This bill would state the intent of the Legislature to enact legislation that enacts the School Climate and Pollution Resilience Act of 2018 that, among other things, would direct school districts to work with air districts to develop and implement comprehensive plans for updating school infrastructure to limit pupil air pollution exposure.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 17074.25 of the Education Code is amended to read:

17074.25.

 (a) A modernization apportionment may be used for an improvement to extend the useful life of, or to enhance the physical environment of, the school. The improvement may only include the cost of design, engineering, testing, inspection, plan checking, construction management, demolition, construction, the replacement of portable classrooms, necessary utility costs, utility connection and other fees, the purchase and installation of air-conditioning equipment and insulation materials and related costs, furniture and equipment, including telecommunication equipment to increase school security, fire safety improvements, playground safety improvements, the identification, assessment, or abatement of hazardous asbestos, seismic safety improvements, and the upgrading of electrical systems or the wiring or cabling of classrooms in order to accommodate educational technology. A modernization grant may not be used for costs associated with acquisition and development of real property or for routine maintenance and repair.

(b) A modernization apportionment may also be used for the cost of designs and materials that promote the efficient use of energy and water, the maximum use of natural lighting and indoor air quality, the use of recycled materials and materials that emit a minimum of toxic substances, the use of acoustics conducive to teaching and learning, and other characteristics of high-performance schools.

(c) A modernization apportionment may be used to limit pupil exposure to harmful air pollutants by updating air filtration systems.

SEC. 2.

 Section 44391.3 is added to the Health and Safety Code, to read:

44391.3.

 (a) Schools located in communities with facilities identified pursuant to Section 44391.2 may work with districts to identify school sites for air quality adaptation efforts.

(b) Schools located near a facility designated by a district as a high priority category may be eligible for a grant as part of a community emissions reduction program, adopted pursuant to Section 44391.2, to implement air quality mitigation efforts, including, but not limited to, either of the following:

(1) Air filter upgrades or installations.

(2) Vegetation buffer planting.

SECTION 1.

It is the intent of the Legislature to enact legislation that enacts the School Climate and Pollution Resilience Act of 2018 to do all of the following:

(a)Directs school districts to develop and implement a plan for updating school infrastructure to mitigate the negative impacts of air quality and reduce diesel emissions on school campuses in disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code.

(b)Directs school districts to compile a list of existing schools in disadvantaged communities that are situated within 1,000 feet of freeways and other major contributors to air pollution in the community, such as oil refineries and heavy industry.

(c)Directs school districts to work with air pollution control and air quality management districts to develop and implement comprehensive plans for updating school infrastructure to limit pupil air pollution exposure, with interventions including, but not limited to, funding for campus vegetated buffer planting, HVAC air filtration system updates, and schoolbus electrification.

(d)Allocates, beginning in the 2018–19 fiscal year, 10 percent of the moneys collected annually pursuant to Proposition 39, approved by the voters at November 6, 2012, statewide general election, toward air pollution mitigation efforts on school campuses in disadvantaged communities.