BILL NUMBER: AB 411	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 1, 2009
	AMENDED IN ASSEMBLY  MAY 6, 2009
	AMENDED IN ASSEMBLY  APRIL 16, 2009

INTRODUCED BY   Assembly Members Garrick and Harkey

                        FEBRUARY 23, 2009

   An act  to add Section 130061.3 to the Health and Safety
Code,   relating to health facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 411, as amended, Garrick. Health facilities: seismic safety.
   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 authorizes the office to assess an
application fee for the review of facilities' design and
construction, and requires that full and complete plans be submitted
to the office for review and approval.
   Existing law requires that, 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 be used only for
nonacute care hospital purposes, except that the office may grant an
extension under prescribed circumstances. Existing law allows certain
hospital owners who do not have the financial capacity to bring
certain buildings into compliance by 2013 to, instead, replace those
buildings by January 1, 2020.
   This bill would require a health care district that has been
denied an extension of the seismic retrofit and replacement deadlines
to make a specified report to the office.
   Because this bill would impose additional duties upon local
officials, this bill would create a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 130061.3 is added to the
Health and Safety Code, to read:
   130061.3.  On or before March 1, 2010, a health care district

   SECTION 1.    On or before March 1,   2010,
a health care district  established pursuant to Division 23
(commencing with Section 32000) that owns or operates a general acute
care hospital building and has been denied a request for an
extension of the seismic retrofit and replacement deadlines shall
report to the office both of the following:
   (a) The health care district's efforts to comply with the seismic
retrofit and replacement deadlines, including, but not limited to,
the reassessment of the structural performance level of a general
acute care hospital building owned by the health care district.
   (b) The health care district's efforts to secure passage of a
local bond measure to fund seismic safety compliance, including the
failure or passage of a ballot measure to approve the issuance of
these bonds, the extent to which the number of voters who voted in
favor the ballot measure exceeded 50 percent of the votes cast but
failed to reach the percentage of votes required for passage and the
extent to which the vote requirement is a barrier to the ability of
the health care district to obtain necessary revenues to comply with
the seismic safety deadlines and standards.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.