BILL NUMBER: AB 2180	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 8, 2010

INTRODUCED BY   Assembly Member Bill Berryhill

                        FEBRUARY 18, 2010

    An act to amend Section 15820.90 of the Government Code,
relating to jail facilities.   An act to add Chapter 9.9
(commencing with Section 6280) to Title 7 of Part 3 of the Penal
Code, relating to prison m   edical facilities. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2180, as amended, Bill Berryhill.  Financing jail
facilities.   Prisons: medical treatment facilities.
 
   Existing law authorizes the Department of Corrections and
Rehabilitation to construct and establish new buildings at facilities
under the jurisdiction of the department to provide medical, dental,
and mental health treatment or housing for 6,000 inmates. Existing
law additionally authorizes the department to design, construct, and
establish new buildings at facilities under the jurisdiction of the
department to provide medical, dental, and mental health treatment or
housing for 2,000 inmates.  
   This bill would require the department to engage in certain
activities prior to designing, constructing, or establishing one of
these new medical, dental, or mental health treatment facilities,
including, but not limited to, identifying and analyzing all possible
social and economic impacts that may result from the construction
and operation of the facility and fully mitigating those impacts to
the extent possible, preparation of a social and economic impact
report to address the possible impacts resulting from the
construction and operation of the facility, and meeting and
conferring in good faith with county and city representatives to
reach mutually satisfactory resolution of all disputes relating to
the social and economic impacts reasonably arising from or related to
the facility and the sufficiency of proposed mitigation measures.
 
   Existing law defines a "participating county" for purposes of
provisions of law establishing jail construction financing programs,
as specified.  
   This bill would make a technical, nonsubstantive change to those
provisions. 
   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.    Chapter 9.9 (commencing with Section
6280) is added to Title 7 of Part 3 of the   Penal Code
  , to read:  
      CHAPTER 9.9.  MEDICAL, DENTAL, AND MENTAL HEALTH TREATMENT
FACILITIES


   6280.  For purposes of this chapter, "facility" means medical,
dental, and mental health treatment or housing facilities authorized
pursuant to subdivision (c) of Section 15819.40 and subdivision (b)
of Section 15819.41 of the Government Code.
   6281.  Prior to designing, constructing, or establishing a new
facility, the department shall do all of the following:
   (a) The department shall identify and analyze all possible social
and economic impacts that may result from the construction and
operation of the facility, including, but not limited to, impacts on
resources in the local labor pool, sufficiency of the local labor
pool, impacts on the affected city, county, or city and county
resulting from increased demands for social services, and impacts on
law enforcement, local courts, and coroner services. Each impact
shall be fully mitigated to the extent possible.
   (b) The department shall prepare a social and economic impact
report to address the possible impacts resulting from the
construction and operation of the facility.
   (1) The report shall identify each impact, explain the methodology
used to identify and quantify the impact, and identify and explain
the efficacy of the proposed mitigation methods for each impact.
   (2) The report shall, with a reasonable degree of certainty,
provide an estimate of the quantity of jobs from the facility that
will likely be made available to local residents and explain the
methodology used to estimate the jobs likely to be available to local
residents.
   (c) Within 10 days of submitting the draft environmental impact
report or negative declaration to the State Clearinghouse as required
by the California Environmental Quality guidelines (Section 15205 of
Title 14 of the California Code of Regulations), the department
shall provide copies of the social and economic impact report to the
clerk of the board of supervisors for the county where the facility
is to be located and to the city clerk for each city within 10 miles
of the facility location.
   (d) The department shall meet and confer in good faith with county
and city representatives, if desired by the applicable city or
county, to reach a mutually satisfactory resolution of all disputes
relating to the social and economic impacts reasonably arising from
or related to the facility and the sufficiency of the proposed
mitigation measures.  
  SECTION 1.    Section 15820.90 of the Government
Code is amended to read:
   15820.90.  For the purposes of this chapter, the term
"participating county" means any county, or regional consortium of
counties, within the state that has been certified to the State
Public Works Board (SPWB) by the Department of Corrections and
Rehabilitation (CDCR) as having satisfied all of the requirements set
forth in Section 15820.906 for financing a local jail facility
pursuant to this chapter.