BILL NUMBER: SB 211	CHAPTERED  10/10/07

	CHAPTER  429
	FILED WITH SECRETARY OF STATE  OCTOBER 10, 2007
	APPROVED BY GOVERNOR  OCTOBER 10, 2007
	PASSED THE SENATE  SEPTEMBER 10, 2007
	PASSED THE ASSEMBLY  SEPTEMBER 6, 2007
	AMENDED IN ASSEMBLY  JULY 12, 2007
	AMENDED IN SENATE  APRIL 9, 2007

INTRODUCED BY   Senator Cox

                        FEBRUARY 8, 2007

   An act to amend Sections 129787 and 129895 of the Health and
Safety Code, relating to seismic safety.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 211, Cox. Seismic safety: application filing fees.
   Existing law, the Alfred E. Alquist Hospital Facilities Seismic
Safety Act of 1983, requires the Office of Statewide Health Planning
and Development (OSHPD) to assume certain duties relating to the
review of project applications for construction and alteration of
health facility buildings. OSHPD is required to determine an
application filing fee to cover the cost of administering the act, in
accordance with prescribed limitations. Existing law authorizes
postponement of the fee's payment if specified requirements are met,
including a requirement that the proposed construction or alteration
has been proposed as a result of a seismic event that has been
declared to be a disaster by the Governor.
   This bill would revise this requirement to instead require the
proposed construction or alteration to be proposed as a result of any
event that has been declared a disaster by the Governor.
   Existing law requires the office to adopt regulations establishing
seismic safety standards for hospital equipment anchorages.
   This bill would require that the regulations include, but not be
limited to, standards for architectural, mechanical, and electrical
supports.


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

  SECTION 1.  Section 129787 of the Health and Safety Code is amended
to read:
   129787.  (a) The payment of the filing fee described in Section
129785 may be postponed by the office if all of the following
conditions are met:
   (1) The proposed construction or alteration has been proposed as a
result of any event that has been declared to be a disaster by the
Governor.
   (2) The office determines that the applicant cannot presently
afford to pay the filing fee.
   (3) The applicant has applied for federal disaster relief from the
Federal Emergency Management Agency (FEMA) with respect to the
disaster described in paragraph (1).
   (4) The applicant is expected to receive disaster assistance
within one year from the date of the application.
   (b) If the office does not receive full payment of any fee for
which payment has been postponed pursuant to subdivision (a) within
one year from the date of plan approval, the statewide office may
request an offset from the Controller for the unpaid amount against
any amount owed by the state to the applicant, and may request
additional offsets against amounts owed by the state to the applicant
until the fee is paid in full. This subdivision shall not be
construed to establish an offset as described in the preceding
sentence as the exclusive remedy for the collection of any unpaid fee
amount as described in that same sentence.
  SEC. 2.  Section 129895 of the Health and Safety Code is amended to
read:
   129895.  (a) The office shall adopt by regulations seismic safety
standards for hospital equipment anchorages, as defined by the
office, to include, but not be limited to, architectural, mechanical,
and electrical components, supports, and attachments. Those
regulations shall include criteria for the testing of equipment
anchorages.
   (b) Any fixed hospital equipment anchorages purchased or acquired
on or after either the effective date of the regulations adopted
pursuant to subdivision (a) shall not be used or installed in any
hospital building unless the equipment anchorages are approved by the
office.
   (c) Manufacturers, designers, or suppliers of equipment anchorages
may submit data sufficient for the office to evaluate equipment
anchorages' seismic safety prior to the selection of equipment
anchorages for any specific hospital building.
   (d) The office may charge a fee based on the actual costs incurred
by it for data review, approvals, and field inspections pursuant to
this section.