BILL NUMBER: ABX1 3	AMENDED
	BILL TEXT

	AMENDED IN SENATE  DECEMBER 18, 2008

INTRODUCED BY   Assembly Member Evans

                        DECEMBER 8, 2008

    An act relating to the Budget Act of 2008.  
An act to amend Section 129880 of the Health and Safety Code,
relating to hospital buildings. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 3, as amended, Evans.  Budget Act of 2008. 
 Office of Statewide Health Planning and Development: plan
review.  
   This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2008.  
   Existing law establishes the Office of Statewide Health Planning
and Development to oversee the construction of, or addition to, any
hospital building or the reconstruction of, or the alteration of, any
hospital building. The office is required to independently review
and either approve or reject all plans.  
   Existing law provides an exception from the plan review process
for construction or alteration projects for specified hospital
buildings with estimated construction costs of $50,000 or less where
the plans have been stamped and signed by design professionals of
record.  
   This bill would allow the office to exempt from the plan review
process nonstructural construction or alteration projects with
estimated construction costs less than $500,000. The bill would also
allow an exemption from the plan review process for construction or
alteration projects for specified hospital buildings with
construction costs of at least $500,000 but less than $1 million if
the designs are independently peer reviewed by independent plan
reviewers, as defined.  
   This bill would require the office to establish criteria for
qualification of independent plan reviewers and peer review
standards. The bill would place the liability for all risks arising
out of the election to forgo the plan review process on the hospital
owner, governing board, or operator, design professionals, and
independent plan reviewers. 
   The California Constitution authorizes the Governor to declare a
fiscal emergency and to call the Legislature into special session for
that purpose. The Governor issued a proclamation declaring a fiscal
emergency, and calling a special session for this purpose, on
December 1, 2008.
   This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on December 1, 2008,
pursuant to the California Constitution. 
   The bill would provide that it shall become operative only if
Assembly Bill 2 of the 2009-10 First Extraordinary Session of the
Legislature is chaptered. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2008.

   SECTION 1.    Section 129880 of the   Health
and Safety Code   is amended to read: 
   129880.  (a) The office may exempt from its plan review process
 nonstructural  construction or alteration projects for
hospital buildings and buildings described in paragraphs (2) and (3)
of subdivision (b) of Section 129725 with estimated construction
costs of  fifty thousand dollars ($50,000) or  less
 than five hundred thousand dollars ($500,000)  . The
criteria for exemption shall include, but not be limited to, plans
that have been stamped and signed by the design professionals of
record. 
   (b) The office may exempt from its plan review process
nonstructural construction or alteration projects for hospital
buildings and buildings described in paragraphs (2) and (3) of
subdivision (b) of Section 129725 that have estimated construction
costs of at least five hundred thousand dollars ($500,000) but less
than one million dollars ($1,000,000) if the designs for those
projects are independently peer reviewed by independent plan
reviewers. The independent plan reviewers shall certify to the office
that the plans are in full compliance with the California Building
Standards Code. This certification shall not diminish the liability
or responsibility of the independent plan reviewer.  
   (b) 
    (c)  Projects that have been split into a series of
smaller projects in order to avoid the qualifying dollar limits shall
not be approved. The office shall maintain its construction
observation mandate to ensure public safety and California Building
Standards Code compliance for approved projects. 
   (c) 
    (d)  A presubmittal meeting between the office and the
design professionals shall be required for construction or alteration
projects for hospital buildings and buildings described in
paragraphs (2) and (3) of subdivision (b) of Section 129725 with
estimated construction costs of twenty million dollars ($20,000,000)
or more. 
   (d) 
    (e)  The office may  issue policy letters and 
adopt regulations for this section to make specific the exemption
criteria and processes authorized pursuant to subdivision (a), and
the complete plan review process required pursuant to 
subdivision (c)   this section  . 
   (f) For purposes of this section, "independent plan reviewer"
means a professional who has been preapproved by the office in an
appropriate discipline which may include, but is not limited to,
licensed architect, licensed structural engineer, licensed mechanical
engineer, certified accessibility specialist, or licensed electrical
engineer. The office shall develop criteria for the qualification
and approval of independent plan reviewers as well as peer review
standards. The hospital building owner shall retain and compensate
independent plan reviewers.  
   (g) The hospital owner, governing board, or operator, design
professionals, and independent plan reviewers shall bear liability
for all risks arising from the election to forgo plan review by the
office. The provisions of this section shall in no way diminish the
existing liability of the hospital, design professionals, or
independent plan reviewer. 
  SEC. 2.  This act addresses the fiscal emergency declared by the
Governor by proclamation on December 1, 2008, pursuant to subdivision
(f) of Section 10 of Article IV of the California Constitution.
   SEC. 3.    This act shall become operative only if
Assembly Bill 2 of the 2009-10 First Extraordinary Session of the
Legislature is chaptered.