BILL NUMBER: AB 3028 CHAPTERED 09/28/08 CHAPTER 506 FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2008 APPROVED BY GOVERNOR SEPTEMBER 28, 2008 PASSED THE SENATE AUGUST 14, 2008 PASSED THE ASSEMBLY AUGUST 19, 2008 AMENDED IN SENATE JUNE 18, 2008 AMENDED IN ASSEMBLY APRIL 22, 2008 AMENDED IN ASSEMBLY APRIL 3, 2008 INTRODUCED BY Assembly Member Salas FEBRUARY 22, 2008 An act to amend Section 129765 of, and to add Sections 129761 and 129812 to, the Health and Safety Code, relating to health facilities. LEGISLATIVE COUNSEL'S DIGEST AB 3028, Salas. Health facilities. Existing law, the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983, requires the Office of Statewide Health Planning and Development (OSHPD) to observe the construction of, or addition to, any hospital building or the reconstruction or alteration of any hospital building, as it deems necessary to comply with the act for the protection of life and property. The act requires the OSHPD to pass upon and approve or reject all plans for the construction or the alteration of any hospital building, independently reviewing the design to ensure compliance with the specified requirements. OSHPD may permit electronic submission of the plans. The act requires that before commencing any construction or alteration of any hospital building, OSHPD provide written approval of the necessary plans as to safety of design and construction. This bill would authorize OSHPD to permit electronic review and approval of the plans. The bill would authorize OSHPD to utilize an over-the-counter plan review process. The act authorizes OSHPD to enter into agreements and contracts when necessary in order to facilitate the timely performance of the duties and responsibilities relating to specified reviews and inspections. This bill would require OSHPD to use information technology, to the extent possible, to facilitate the timely performance of its specified duties and responsibilities. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. (a) The Legislature finds and declares all of the following: (1) A variety of factors have contributed toward making health care construction costs in California among the highest in the nation. The costs are driven by the escalating price of raw materials, high demand for skilled labor, and the complexity of design, plan review, and approval of hospital construction. (2) As the industry moves to update the aging health care infrastructure, incorporate advances in medical technology, implement a modern health care delivery system, and improve seismic safety of hospitals through compliance with the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 (hereafter, the act), health care construction activity will increase to unseen levels creating additional economic pressure on the hospital and construction industry. (3) While California has implemented proactive measures to improve, streamline, and assist hospitals in their efforts at compliance with the act, more than 300 hospitals may need to retrofit or replace their general acute care hospital buildings by 2013 in order to comply with the act. (4) Improving the efficiency of health care building plan review and construction efforts will not only reduce the time to design, review, and complete hospital construction, but also lower the cost of the project and reduce overall cost pressures on the health care system, allowing more resources to be directed to direct patient services. (b) It is the intent of the Legislature to do all of the following: (1) Expedite projects through increased collaboration. (2) Modernize the review process with an infusion of new technologies, such as electronic review, and it will aid in the implementation of other expediting procedures. (3) Accelerate health care construction and foster greater cooperation between the health care industry and state government, while continuing to maintain public safety and improve the quality and efficiency of health care facility plan review and approval. SEC. 2. Section 129761 is added to the Health and Safety Code, to read: 129761. The office shall use, to the extent possible, information technology to facilitate the timely performance of its duties and responsibilities under this chapter. SEC. 3. Section 129765 of the Health and Safety Code is amended to read: 129765. (a) Except as set forth in subdivision (b), the application for approval of the plans shall be accompanied by the plans, including full, complete, and accurate specifications, and structural design computations, which shall comply with the requirements prescribed by the office. The office may permit electronic submission, review, and approval of plans. (b) Notwithstanding subdivision (a), the office, in its sole discretion, may enter into a written agreement with the hospital governing authority for the phased submittal and approval of plans. The office shall charge a fee for the review and approval of plans submitted pursuant to this subdivision. This fee shall be based on the estimated cost, but shall not exceed the actual cost, of the entire phased review and approval process for those plans. This fee shall be deducted from the application fee pursuant to Section 129785. SEC. 4. Section 129812 is added to the Health and Safety Code, to read: 129812. Notwithstanding any other provision of law, the office may utilize an over-the-counter plan review process.