BILL NUMBER: SB 1661	CHAPTERED
	BILL TEXT

	CHAPTER  679
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2006
	PASSED THE SENATE  AUGUST 31, 2006
	PASSED THE ASSEMBLY  AUGUST 30, 2006
	AMENDED IN ASSEMBLY  AUGUST 24, 2006
	AMENDED IN ASSEMBLY  AUGUST 21, 2006
	AMENDED IN ASSEMBLY  AUGUST 9, 2006
	AMENDED IN ASSEMBLY  AUGUST 7, 2006
	AMENDED IN SENATE  APRIL 17, 2006

INTRODUCED BY   Senator Cox

                        FEBRUARY 24, 2006

   An act to amend Section 130060 of, and to add Section 130061 to,
the Health and Safety Code, relating to health facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1661, Cox  Health facilities: seismic safety: construction.
   Existing law, the Alfred E. Alquist Hospital Facilities Seismic
Safety Act of 1983, establishes, under the jurisdiction of the Office
of Statewide Health Planning and Development, a program of seismic
safety building standards for certain hospitals constructed on and
after March 7, 1973.
   Existing law requires, after January 1, 2008, any general acute
care hospital building that is determined to pose a potential risk of
collapse or pose a significant risk of loss of life to be used only
for nonacute care hospital purposes. Existing law authorizes the
Office of Statewide Health Planning and Development to extend the
January 1, 2008, deadline for certain hospital buildings of a general
acute care hospital, if specified conditions are met.
   This bill would authorize the office to grant an additional
extension of up to 2 years, of the January 1, 2013, deadline if the
hospital building subject to the extension meets prescribed
requirements, including that it is under construction at the time of
the request for this extension, and that the hospital has made
reasonable progress in meeting the deadline, but for reasons beyond
its control it is impossible for it to meet the deadline. The bill
would authorize the office to revoke this extension for abandonment
or suspension of construction as specified, unless the hospital can
demonstrate that the abandonment or suspension was caused by a
condition beyond the hospital's control.
   The bill would also require an owner of a general acute care
hospital who either has or has not submitted an extension request
pursuant to the bill to submit, under specified circumstances,
prescribed reports to the office, and would require the office to
make these reports.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 130060 of the Health and Safety Code is amended
to read:
   130060.  (a) (1) After January 1, 2008, any general acute care
hospital building that is determined to be a potential risk of
collapse or pose significant loss of life shall only be used for
nonacute care hospital purposes. A delay in this deadline may be
granted by the office upon a demonstration by the owner that
compliance will result in a loss of health care capacity that may not
be provided by other general acute care hospitals within a
reasonable proximity. In its request for an extension of the
deadline, a hospital shall state why the hospital is unable to comply
with the January 1, 2008, deadline requirement.
   (2) Prior to granting an extension of the January 1, 2008,
deadline pursuant to this section, the office shall do all of the
following:
   (A) Provide public notice of a hospital's request for an extension
of the deadline. The notice, at a minimum, shall be posted on the
office's Internet Web site, and shall include the facility's name and
identification number, the status of the request, and the beginning
and ending dates of the comment period, and shall advise the public
of the opportunity to submit public comments pursuant to subparagraph
(C). The office shall also provide notice of all requests for the
deadline extension directly to interested parties upon request of the
interested parties.
   (B) Provide copies of extension requests to interested parties
within 10 working days to allow interested parties to review and
provide comment within the 45-day comment period. The copies shall
include those records that are available to the public pursuant to
the Public Records Act, Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code.
   (C) Allow the public to submit written comments on the extension
proposal for a period of not less than 45 days from the date of the
public notice.
   (b) (1)  It is the intent of the Legislature, in enacting this
subdivision, to facilitate the process of having more hospital
buildings in substantial compliance with this chapter and to take
nonconforming general acute care hospital inpatient buildings out of
service more quickly.
   (2) The functional contiguous grouping of hospital buildings of a
general acute care hospital, each of which provides, as the primary
source, one or more of the hospital's eight basic services as
specified in subdivision (a) of Section 1250, may receive a five-year
extension of the January 1, 2008, deadline specified in subdivision
(a) of this section pursuant to this subdivision for both structural
and nonstructural requirements. A functional contiguous grouping
refers to buildings containing one or more basic hospital services
that are either attached or connected in a way that is acceptable to
the State Department of Health Services. These buildings may be
either on the existing site or a new site.
   (3) To receive the five-year extension, a single building
containing all of the basic services or at least one building within
the contiguous grouping of hospital buildings shall have obtained a
building permit prior to 1973 and this building shall be evaluated
and classified as a nonconforming, Structural Performance Category-1
(SPC-1) building.  The classification shall be submitted to and
accepted by the Office of Statewide Health Planning and Development.
The identified hospital building shall be exempt from the requirement
in subdivision (a) until January 1, 2013, if the hospital agrees
that the basic service or services that were provided in that
building shall be provided, on or before January 1, 2013, as follows:

   (A) Moved into an existing conforming Structural Performance
Category-3 (SPC-3), Structural Performance Category-4 (SPC-4), or
Structural Performance Category-5 (SPC-5) and Non-Structural
Performance Category-4 (NPC-4) or Non-Structural Performance
Category-5 (NPC-5) building.
   (B) Relocated to a newly built compliant SPC-5 and NPC-4 or NPC-5
building.
   (C) Continued in the building if the building is retrofitted to a
SPC-5 and NPC-4 or NPC-5 building.
   (4) A five-year extension is also provided to a post 1973 building
if the hospital owner informs the Office of Statewide Health
Planning and Development that the building is classified as a SPC-1,
SPC-3, or SPC-4 and will be closed to general acute care inpatient
service use by January 1, 2013. The basic services in the building
shall be relocated into a SPC-5 and NPC-4 or NPC-5 building by
January 1, 2013.
   (5) Any SPC-1 buildings, other than the building identified in
paragraph (3) or (4), in the contiguous grouping of hospital
buildings shall also be exempt from the requirement in subdivision
(a) until January 1, 2013. However, on or before January 1, 2013, at
a minimum, each of these buildings shall be retrofitted to a SPC-2
and NPC-3 building, or no longer be used for general acute care
hospital inpatient services.
   (c) On or before March 1, 2001, the office shall establish a
schedule of interim work progress deadlines that hospitals shall be
required to meet to be eligible for the extension specified in
subdivision (b). To receive this extension, the hospital building or
buildings shall meet the year 2002 nonstructural requirements.
   (d) A hospital building that is eligible for an extension pursuant
to this section shall meet the January 1, 2030, nonstructural and
structural deadline requirements if the building is to be used for
general acute care inpatient services after January 1, 2030.
   (e) Upon compliance with subdivision (b), the hospital shall be
issued a written notice of compliance by the office. The office shall
send a written notice of violation to hospital owners that fail to
comply with this section.  The office shall make copies of these
notices available on its Web site.
   (f) (1) A hospital that has received an extension of the January
1, 2008, deadline pursuant to subdivisions (a) or (b) may request an
additional extension of up to two years for a hospital building that
it owns or operates.
   (2) The office may grant the additional extension if the hospital
building subject to the extension meets all of the following
criteria:
   (A) The hospital building is under construction at the time of the
request for extension under this subdivision and the purpose of the
construction is to meet the requirements of subdivision (a) to allow
the use of the building as a general acute care hospital building
after the extension deadline granted by the office pursuant to
subdivision (a) or (b).
   (B) The hospital building plans were submitted to the office and
were deemed ready for review by the office at least four years prior
to the applicable deadline for the building. The hospital shall
indicate, upon submission of its plans, the SPC-1 building or
buildings that will be retrofitted or replaced to meet the
requirements of this section as a result of the project.
   (C) The hospital received a building permit for the construction
described in subparagraph (A) at least two years prior to the
applicable deadline for the building.
   (D) The hospital submitted a construction timeline at least two
years prior to the applicable deadline for the building demonstrating
the hospital's intent to meet the applicable deadline. The timeline
shall include all of the following:
   (i) The projected construction start date.
   (ii) The projected construction completion date.
   (iii) Identification of the contractor.
   (E) The hospital is making reasonable progress toward meeting the
timeline set forth in subparagraph (D), but factors beyond the
hospital's control make it impossible for the hospital to meet the
deadline.
   (3) A hospital denied an extension pursuant to this subdivision
may appeal the denial to the Hospital Building Safety Board.
   (4) The office may revoke an extension granted pursuant to this
subdivision for any hospital building where the work of construction
is abandoned or suspended for a period of at least one year, unless
the hospital demonstrates in a public document that the abandonment
or suspension was caused by factors beyond its control.
  SEC. 2.  Section 130061 is added to the Health and Safety Code, to
read:
   130061.  (a) An owner of a general acute care hospital building
that is classified as a nonconforming Structural Performance
Category-1 (SPC-1) building, who has not requested an extension of
the deadline described in subdivision (a) or (b) of Section 130060,
shall submit a report to the office no later than April 15, 2007,
describing the status of each building in complying with the
requirements of Section 130060. The report shall identify at least
all of the following:
   (1) Each building that is subject to subdivision (a) of Section
130060.
   (2) The project number or numbers for retrofit or replacement of
each building.
   (3) The projected construction start date or dates and projected
construction completion date or dates.
   (4) The building or buildings to be removed from acute care
service and the projected date or dates of this action.
   (b) An owner of a general acute care hospital building that is
classified as a nonconforming, Structural Performance Category-1
(SPC-1) building, who has requested an extension of the deadline
described in subdivision (a) or (b) of Section 130060, shall submit a
report to the office no later than June 30, 2009, describing the
status of each building in complying with the requirements of Section
130060. The report shall identify, at a minimum, all of the
following:
   (1) Each building that is subject to subdivision (a) of Section
130060.
   (2) The project number or numbers for retrofit or replacement of
each building.
   (3) The projected construction start date or dates and projected
construction completion date or dates.
   (4) The building or buildings to be removed from acute care
service and the projected date or dates of that action.
   (c) An owner of a general acute care hospital building that is
classified as a nonconforming, Structural Performance Category-1
(SPC-1) building, who has requested an extension of the deadline
described in subdivision (a) or (b) of Section 130060, shall submit a
report to the office no later than June 30, 2011, describing the
status of each building in complying with the requirements of Section
130060. The report shall identify at least all of the following:
   (1) Each building that is subject to subdivision (a) of Section
130060.
   (2) The project number or numbers for retrofit or replacement of
each building.
   (3) The projected construction start date or dates and projected
construction completion date or dates.
   (4) The building or buildings to be removed from acute care
service and the projected date or dates of that action.
   (d) The office shall make the information required by subdivisions
(a), (b), and (c) available on its Web site within 90 days of
receipt of this information.
   (e) Hospitals that have not reported pursuant to this section are
not eligible for the extension provided in subdivision (f) of Section
130060.