| PolicyLink Legislation Summary on Schools, August 2004 |
SCHOOLS
School Facilities
AB 736 (Hancock)
This bill would require the State Allocation Board to adopt regulations to implement design standards for new school facilities in accordance with the guidelines established by the Collaborative for High Performance Schools. It would ensure that future state school facilities bond funding is invested in schools that have lower operating and maintenance costs, that maximize water, materials and energy efficiency, that have good indoor air quality, and that are healthier for students and staff.
Status:
August 16, 2004 Passed Senate Appropriations (7-4).
August 19, 2004 Passed Senate Floor (21-12). To Assembly.
August 24, 2004 Senate amendments concurred in. To enrollment. (and then to the Governor)
***
Asthma Action Plan in Schools
AB 2367 (Chan)
School districts are required to keep a students asthma action plan on file and provide the action plan, as well as asthma attack treatment and prevention information, to each of the students teachers. It defines an asthma action plan as a plan developed by the pupils health care provider, pupil, and parent, to help maintain long-term control of asthmas and manage asthma attacks. School districts would also be required to provide annual asthma training to all school staff.
Status:
April 20, 2004 Passed Assembly Health (16-0)
May 19, 2004 Held under submission in Assembly Appropriations.
***
Asthma Medication in Schools
AB 2132 (Chan & Reyes)
This bill would authorize asthmatic students to self-administer inhaled medication in any area of the school grounds, or during any school-related activity. The student must have written authorization from a parent or guardian and must provide certification that he or she suffers from asthma and has the skills to self-administer medication.
This bill would make its provisions operational only if SB 1912 of the Regular Session is enacted.
Status:
April 20, 2004 Passed Assembly Health (15-0)
April 29, 2004 Passed Appropriations (20-0)
May 6, 2004 Passed Assembly Floor (73-1)
June 9, 2004 Passed Senate Education (11-0)
June 29, 2004 Passed Health and Human Services (12-0)
August 16, 2004 Passed Appropriations (8-2)
August 24, 2004 Passed Senate Floor (38-0). To Assembly.
August 25, 2004 Senate amendments concurred in. To enrollment. (and then to the Governor)
***
Asthma Medication in Schools
SB 1912 (Ashburn)
This bill would authorize a pupil to carry and self-administer auto-injectible epinephrine medication if the school district receives written statements from the physician and from the parent, foster parent, or guardian of the pupil. These statements would need to be updated at least annually and more frequently if the medication, dosage, frequency of administration, or reason for administration changes. The bill would also subject a student to disciplinary action if the medication is used in an unauthorized manner.
This bill would make its provisions operational only if AB 2132 of the 2003-04 Regular Session is enacted. The bill would declare that it is to take effect immediately as an urgency statute.
Status:
May 10, 2004 Passed Senate Health and Human Services (11-0).
May 24, 2004 To Special Consent Calendar.
May 26, 2004 Read third time. Urgency clause adopted. Passed Senate Floor (37-0).
June 17, 2004 Passed Assembly Education (11-0).
June 29, 2004 Passed Assembly Health (17-0). Referred to Appropriations.
July 2, 2004 Withdrawn from Committee. Ordered placed for second reading.
August 24, 2004 Referred to Judiciary Committee.
August 24, 2004 From Committee with authors amendments. Read second time. Amended. Re-referred to committee.
August 26, 2004 Passed Judiciary Committee (9-0). Urgency clause adopted.
August 27, 2004 Senate concurs in Assembly amendments (29-0). To enrollment. (and then to the Governor).
***
Indoor Air Quality in Schools
AB 2863 (Pavley)
Requires a school district applying for State school facilities funds to incorporate air quality standards into the design and construction of new or remodeled school facilities. It would also require existing schools using specified school maintenance funds to implement an indoor air quality management program. Newly constructed or renovated facilities would have one year to implement the program or a similar model. Also allows the use of specified school maintenance funds for indoor air quality projects.
Status:
April 21, 2004 Passed Assembly Education (11-0)
May 19, 2004 Currently in Assembly Appropriations. Second hearing set, date unavailable. Held under submission.
***
Pesticide Use on School Grounds
AB 1006 (Chu)
The Healthy Schools Act of 2003 would prohibit the use of the most highly toxic pesticides on school property.
Status:
May 19, 2003 Passed Assembly Floor (42-28)
June 15, 2004 In Senate Committee on Agriculture and Water Resources. Hearing canceled at the request of author.
***
TOBACCO
Tobacco Fee Trust Fund Tobacco Health Programs
AB 1239 (Wiggins)
Imposes a fee on cigarette manufacturers who did not sign the Master (Tobacco) Settlement Agreement. The fee would be determined annually by the State Department of Health Services based on the manufacturers share of the tobacco product market and the cost of smoking cessation programs. In 2004, the fee would be set at $.025 per cigarette sold, based on 2002-03 sales numbers. The bill would create the Non-participating Tobacco Manufacturer Mitigation Trust Fund. Upon appropriation by the Legislature the money in the fund would be used to pay for tobacco-related health measures, especially smoking cessation and for administration costs.
Status:
06/09/04 In Senate Committee on Revenue and Taxation. Hearing postponed by committee.
06/22/04 Hearing canceled at request of author.
***
Smoking in Cars
AB 894 (Firebaugh)
This bill would, beginning January 1, 2006, make it an infraction punishable by a fine not exceeding $25 for a person to smoke a pipe, cigar, or cigarette in a motor vehicle, whether in motion or at rest, in which there is a child passenger who is required to be secured in a child passenger restraint system. The first violation would be an infraction not punishable by a fine. The bill would require the Tobacco Control Section of the State Department of Health Services to inform the public of the bills prohibitions and requirements, to the extent funds are available.
Status:
April 28, 2003 Passed Assembly Transportation Committee (14-0).
May 28, 2003 Passed Appropriations (17-7).
June 2, 2003 Passed Assembly Floor (52-26).
July 16, 2003 Passed Senate Transportation Committee (7-3). To Appropriations.
August 16, 2004 From committee chair, with Authors amendments: amend, and re-refer to Appropriations. Withdrawn from committee. Ordered placed on second reading file.
August 24, 2004 Passed Senate Floor (21-13). To Assembly.
August 25, 2004 In Assembly. Concurrence in Senate amendments pending. Re-referred to Committee on Governmental Organization.
August 25, 2004 Re-referred to Committees on Governmental Organization and Health.
***
Smoking in Cars
AB 1569 (Firebaugh & Senator Ortiz)
This bill would, beginning January 1, 2006, make it an infraction punishable by a fine not exceeding $25 for a person to smoke a pipe, cigar, or cigarette in a motor vehicle, whether in motion or at rest, in which there is a child passenger who is required to be secured in a child passenger restraint system. The first violation would be an infraction not punishable by a fine. The bill would require the State Department of Health Services to conduct, as a part of its ongoing public education and awareness campaign, a public education program regarding the dangers of secondhand smoke in confined places, and to the extent that funds are available, to inform the public of the bills prohibitions and requirements.
Status:
April 29, 2003 Passed Assembly Human Services Committee (4-0).
May 28, 2003 Passed Assembly Appropriations (17-0).
June 4, 2004 Passed Assembly Floor (59-16). To Senate.
June 22, 2004 Passed Senate Health and Human Services (9-2).
August 4, 2004 In committee: placed on Appropriations suspense file.
August 12, 2004 In committee: Set, first hearing. Held under submission.
***
LOW EMISSION VEHICLES
Low Emission Contractor Incentive Program
AB 2541 (Frommer)
Requires the Department of General Services (DGS) to create a public contracting bid preference program to reward contractors for using low-emission vehicles and implementing rideshare programs. The program must be implemented by July 1, 2005 and would apply to all state contracts for construction, goods and services. Bidders would receive at least a 5% bid preference if their vehicle fleet meets low emission standards and at least a 3% preference for implementing a rideshare program. Evaluation for preference would be based on vehicles necessary to complete the contract. Any combined bonus or preference awarded under this bill is limited to 10% of the contract value or $100,000, whichever is less. Beginning January 2008, DGS would submit an annual statistical report to the Legislature on the progress of each program and the participation rates.
Status:
April 21, 2004 Passed Business and Professions Committee (10-3).
May 19, 2004 -- In Assembly Appropriations. Second hearing set. Held under submission.
***
Hybrid Electric Vehicles
AB 2628 (Pavley & Nakano)
This bill allows the driver of an eligible low emission hybrid vehicle to use carpool lanes on highways and toll bridges, even though minimum occupancy requirements for use of those lanes are not met. AB 2628 requires the Department of Motor Vehicles to issue no more than 75,000 permits (window stickers). Caltrans has authority to request a halt on permits after 50,000 have been issued, or suspend these privileges on any car pool lane, if they determine it has a negative impact on traffic.
Status:
April 21, 2004 Passed Assembly Appropriations (19-1).
June 22, 2004 Passed Senate Transportation Committee (10-1)
08/16/04 Passed Senate Appropriations (7-4).
08/24/04 Passed Senate Floor (29-7).
August 24, 2004 - In Assembly. Concurrence in Senate amendments pending.
August 26, 2004 Senate amendments concurred in. To enrollment. (and then to the Governor).
***
EMISSIONS REDUCTION / FUNDING FOR CARL MOYER & LOWER-EMISSION SCHOOL BUS PROGRAMS
Health and Air Quality Funding Act of 2003
AB 3104 (Firebaugh)
This bill would enact the California Environmental Health and Air Quality Funding Act of 2003, requiring the suppliers of motor vehicle fuel, diesel fuel, or blended fuel to pay a monthly fee to the State Board of Equalization for each gallon of fuel imported, exported, stored or sold in the state. The bill would establish the California Environmental Health and Air Quality Fund. The money would be given to each air district based on its share of the states air pollution emissions. Air districts would have to use the money to implement district-wide air quality programs that reduces or prevents harm caused by diesel and gasoline fuel. The money may be used to fund the Carl Moyer program, the Lower-Emission School Bus Program, and the Voluntary Accelerated Light-Duty Vehicle Retirement Enterprises program. In addition, the money may be used for programs that mitigate or alleviate the health effects of emissions from engines powered by motor vehicle or diesel fuel. Money may also be used for programs that research, assess, evaluate, or treat asthma and other diseases linked to motor vehicle or diesel fuel air pollution, or for community clinic assistance or health worker training.
Status:
April 12, 2004 Assembly Transportation Committee Urgent Bill.
May 24, 2004 Re-referred to Committee on Appropriations by unanimous consent.
***
Internal Combustion Engines Emission Reduction Program
SB 1247 (Soto)
This bill would declare the intent of the Legislature to establish the Clean School Buses, Healthy Kids Program that would be administered by the state board in conjunction with the existing Lower-Emission School Bus Program.
Status:
April, 2004 - Passed Senate Committee on Environmental Quality (7-0).
June 1, 2004 Read second time and amended, then re-referred to Senate Transportation committee.
***
Clean School Buses, Healthy Kids Program, Lower-Emission School Bus Program Administration
AB 2983 (McCarthy)
This bill would declare the intent of the Legislature to establish the Clean School Buses, Healthy Kids Program that would be administered by the state board in conjunction with the existing Lower-Emission School Bus Program.
Status:
June 15, 2004 No update available. May have been heard in committee March 23rd.
***
Carl Moyer Memorial Air Quality Standards Attainment Trust Fund
AB 2526 (Oropeza)
This bill shifts one fourth of one cent of the 18 cents per gallon diesel fuel tax from the Motor Vehicle Fuel Account (MVFA) to the Carl Moyer Memorial Air Quality Standards Attainment Trust (Carl Moyer) Fund. The funds will support diesel emission reduction programs and subsidies provided by the Carl Moyer Program. It is projected that AB 2526 would shift $3.5 million in FY 2004-05 and $7.2 million annually thereafter from the MVFA to the Carl Moyer Fund. The Carl Moyer program has no allocation in the 2004-05 Governors budget.
Status:
April 12, 2004 Passed Transportation Committee (9-3).
May 19, 2004 Currently in Assembly Appropriations Committee. Second hearing set (no date available). Held under submission.
***
Air Pollution
AB 923 (Firebaugh)
Environmental advocates have worked for years to save the Carl Moyer Program. The program, which has helped refurbish and replace about 4,900 dirty agricultural engines statewide since 1998, was nearly broke when, earlier this year, Governor Schwarzenegger and the Legislature proposed ongoing funding for it in the 2004-05 state budget. Originally AB 3104 (Firebaugh), AB 923, the resulting consensus between the Schwarzenegger Administration, environmental organizations, industry representatives, agricultural advocates and regulatory officials, will raise $90 million in total revenues, and an estimated $55 million per year for school bus upgrades. The state air board and local air districts will decide how much of the new $90 million will go toward the Carl Moyer Program, the states most successful, cost-effective pollution reduction incentive program.
This bill would affect the Sacramento Metropolitan Air Quality Management District, other districts in State non-attainment areas, and the Clean School Buses, Healthy Kids Program.
1) Sacramento Metropolitan Air Quality Management District
Currently, the district board of the Sacramento Metropolitan Air Quality Management District is authorized to adopt a surcharge of $4 on motor vehicle registration fees, collected by the Department of Motor Vehicles. This bill would increase the surcharge to $6 and would require the Sacramento district to utilize $4 to implement the districts air quality improvement strategy with respect to vehicular pollution sources; and $2 to implement the Carl Moyer program.
2) Districts in State Non-Attainment Areas
Currently, each district, except the Sacramento district, that has been designated a state non-attainment area for any motor vehicle air pollutant, is authorized to collect an additional surcharge of $4 on registration fees for every vehicle registered in the district. These revenues are to be used by the district to reduce air pollution from motor vehicles and to carry out related planning, monitoring, enforcement, and technical studies. This bill would increase the surcharge to $6 and require each district to utilize the revenues from $2 of the surcharge to implement programs, under the Carl Moyer program, to remediate air pollution harms caused by motor vehicles.
This bill would also expand the types of emissions covered by the Carl Moyer program to include emissions of particulate matter and reactive organic gases. It would require the state board to establish or update criteria and guidelines for covered vehicle projects by January 1, 2006.
3) Clean School Buses, Healthy Kids Program
This bill would enact the Clean School Buses, Healthy Kids Program to be administered by the state board to provide grants to air pollution control and air quality management districts to replace school buses manufactured before 1977, to be used in equal proportion for clean diesel and alternatively fueled buses. The Department of Motor Vehicles would be required to include on registration and renewal forms an option for making a $10 voluntary contribution to the program. The state board would determine whether school buses in each district meet or exceed standards of the lower-Emission School Bus Program. Any district with all school buses in compliance could use these funds to mitigate a source of air pollution determined to be a threat to child health in the district.
Status:
April 29, 2003 Passed Assembly Revenue and Taxation (5-2). To Appropriations
April 30, 2003 Passed Appropriations (16-7).
June 5, 2003 Passed Assembly Floor (41-34).
July 10, 2003 Passed Senate Health and Human Services (10-3). To Appropriations.
August 18, 2003 In committee: Placed on Appropriations suspense file.
September 12, 2003 Withdrawn from committee.
July 26, 2004 To inactive file on motion of Senator Ortiz.
August 24, 2004 Re-referred to Senate Committees on Environmental Quality, Transportation, and Appropriation.
August 26, 2004 Passed Senate Environmental Quality (5-1). To Transportation. Withdrawn from committee. To Appropriations.
August 27, 2004 Passed Appropriations (22-10). To Assembly.
August 28, 2004 Senate amendments concurred in. To enrollment. (and then to the Governor).
***
OUTDOOR AIR POLLUTION OTHER
Pesticide Drift Exposure
SB 391
SB 391 would make any person found to have violated provisions related to pesticides and pesticide poisoning liable for certain costs related to a resulting illness or injury. These costs would be payable to the individual harmed or the medical provider for the immediate costs of uncompensated medial care from acute injuries and illnesses of the exposed individual. It also requires the California EPA, in consultation with other agencies, to establish protocols for the following issues related to pesticide drift: providing immediate access to pesticide-specific information to assist emergency medical services personnel in identifying pesticides that may be causing a pesticide drift exposure incident; delineating specific agency responsibilities and processes for responding to incidents; establishing emergency shelter procedures and locations; ensuring access to services in all languages known to be spoken in the area; ensuring access to health care within 24 hours of the exposure and up to a week after exposure; notifying medical providers regarding eligibility for reimbursement.
Status:
Jan. 21 – Passed Senate Judiciary Committee (5-2).
Jan. 26 – Passed Senate floor (24-10).
June 17 – Passed Assembly Judiciary Committee (7-0).
Jun 23 – Passed Assembly Health Committee (13-2).
June 28 – Passed Assembly Committee on Environmental Safety and Toxic Materials (7-0).
Aug. 25 – Passed Assembly Appropriations (15-5).
Aug. 27 – Passed Assembly floor (43-34).
Aug. 27 – Senate concurs in Assembly amendments (22-7).
Sept. 7 – Enrolled, to Governor at 2 p.m.
***
L.A. & Long Beach Port Pollution Control
AB 2042 (Lowenthal)
AB 2042 establishes a process for restricting future air pollution generated by activities at the Ports of Long Beach and Los Angeles. It requires the South Coast Air Quality Management District (SCAQMD) to establish an air quality baseline for the Ports of Long Beach and Los Angeles based on the ports' emission inventory for 2001 and 2002. Each city is required to control growth and operations in a manner that prevents air pollution from exceeding the baselines. As of March 1, 2006 the City of Long Beach and the City of Los Angeles would be required to annually report to SCAQMD regarding compliance with these requirements.
Status:
April 21, 2004 Passed Assembly Appropriations (15-3).
June 3, 2004 Referred to Committee on Senate Environmental Quality. Hearing scheduled for June 21, 2004.
July 12,2004 Passed Committee on Environmental Quality (5-2).
August 16, 2004 - Passed Senate Appropriations (7-6).
August 19, 2004 Passed Senate Floor (21-15).
August 25, 2004 Senate amendments concurred in (46-31). To enrollment. (and then to the Governor).
***
Locomotive Emissions Controls
SB 1397 (Escutia)
This bill requires the south coast district board to adopt enforceable rules to reach emission reduction goals for locomotives operating within the Alameda Corridor, eastern corridor rail lines, and the Route 710 corridor. This bill would authorize the south coast district to adopt regulations requiring the owner or lessee of any heavy-duty motor vehicle, non-road engine, and non-road vehicle, to install emission reduction controls that reduce air contaminants to the maximum extent feasible. SB 1397 would apply to vehicles or engines that operate mostly in a rail yard in the south coast district and are part of a fleet of 15 or more. It would allow the south coast district board to impose fees on railroad companies operating in Los Angeles, Orange, Riverside or San Bernardino counties who do no enter into binding emission reduction agreements by January 1, 2006. This bill would require the state board (ARB) to submit regulations adopted by the south coast district to the federal Environmental Protection Agency for a waiver.
Status:
April, 2004 -- Passed Environmental Quality and Transportation Committee (4-1).
June 10, 2004 Referred to Assembly Committee on Environmental Safety and Toxic Materials.
June 23, 2004 Passed Assembly Committee on Environmental Safety and Toxic Materials (5-1). Re-referred to Appropriations.
August 16, 2004 Passed Assembly Appropriations (13-6).
August 23, 2004 Read third time. Amended. To third reading.
August 26, 2004 Refused passage. Motion to reconsider made by Assemblymenber Montanez.
August 27, 2004 Reconsideration granted.
August 28, 2004 Read third time. Passage refused.
***
Petroleum Reduction
AB 1468 (Kehoe & Pavley)
This bill would enact the California on the Move Petroleum Demand Reduction Act, which would require the State Energy Resources Conservation and Development Commission and the State Air Resources Board, not later than January 1, 2010, to adopt and implement measures to achieve a petroleum demand reduction goal not to exceed 2004 demand levels (adjusted annually to reflect the changes in the States population).
The bill specifies that no new or additional taxes or fees on motor vehicles, petroleum fuel, or vehicle miles traveled will be imposed. The bill also requires that by January 1, 2008, the state board and the commission submit a joint report detailing the progress achieved in meeting the goals of this bill.
Status:
June 2, 2003 Passed Assembly Floor (47-32).
July 14, 2003 Passed Senate Environmental Quality (5-2).
August 16, 2004 Passed Senate Appropriations (7-5).
August 19, 2004 Read third time, passage refused (Ayes 7-Noes 14). Motion to reconsider made by Senator Sher. Reconsideration granted.
August 24, 2004 Read third time, passage refused in Senate (Ayes 18-Noes 15).
***
Air Resources Board
AB 2939 (Diaz)
Currently the Air Resources Board is the state agency responsible for controlling vehicular air pollution, while air pollution control districts and air quality management districts are the agencies responsible for controlling air pollution from all sources. AB 2939 proposes changes to the Air Resources Board functions and responsibilities, but as of February 2004, when the bill was introduced, those changes have not been specified.
Status:
June 8, 2004 Amended and re-referred to Assembly Committee on Labor and Employment.
***
ASTHMA TREATMENT
Asthma Treatment
AB 2541 (Frommer)
This bill would require a health plan that covers outpatient prescription drug benefits to provide coverage for inhaler spacers, nebulizers, and peak flow meters when medically necessary for the management and treatment of pediatric asthma. Health plans would also be required to provide coverage for pediatric asthma outpatient self-management training and education. The coverage would have to be provided under the same general terms and conditions, including co-payments and deductibles, applicable to all other benefits provided by the plan.
Status:
April 20, 2004 Passed Assembly Health (12-3).
May 19, 2004 Currently in Assembly Appropriations. Second hearing set (no date available). Held under submission.
***
Asthma Treatment Care
AB 2185 (Frommer)
Requires health care plans that cover outpatient prescription drug benefits to provide coverage for inhaler spacers, nebulizers, and peak flow meters when medically necessary for the treatment of asthma. The legislation would apply to health care service plan contracts, except specialized health care plan contracts, that are issued, amended, delivered, or renewed on or after January 1, 2005. The quantity of the equipment and supplies may be limited by the health plan if the limitations do not inhibit appropriate compliance with treatment as prescribed by the enrollees physician and surgeon. Education for pediatric asthma shall be consistent with current professional medical practice.
Status:
April 26 Passed Committee on Health (12-3).
May 13 Passed Committee on Appropriations (16-4).
May 20 Passed Assembly Floor (53-24).
June 21 Passed Committee on Insurance (7-2).
July 13 Placed by Committee on Appropriations on second reading file and amended.
August 10 Passed by Senate (25-9).
August 16 In Assembly. Senate amendments concurred in. To enrollment.
August 24 To the Governor at 11 a.m.
ENVIRONMENTAL HEALTH DATA
Environmental Health Tracking Data
SB 1446 (Escutia)
Establishes the Interagency Office of Environmental Health Tracking. This office will integrate, analyze, and disseminate data on environmental hazards, and work to improve existing pollution and disease prevention programs. The office will be established by the Department of Health Services and the California EPA.
Status:
March 25, 2004 Passed Senate Health and Human Services Committee (8-2).
April 15, 2004 Passed Senate Environmental Quality Committee (4-2).
May 20, 2004 Passed Senate Appropriations (8-5).
May 25, 2004 Passed Senate Floor (23-12).
June 3, 2004 Referred to Assembly Committee on Environmental Safety and Toxic Materials.
June 23, 2004 Passed Assembly Committee on Environmental Safety and Toxic Materials (5-1).
August 4, 2004 Placed on Appropriations suspense file
August 12, 2004 Set, second hearing. Held in
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| Date posted: 09-10-2004 |
| Posted by: PolicyLink |
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