BILL NUMBER: SB 769	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 30, 2009
	AMENDED IN SENATE  MAY 28, 2009
	AMENDED IN SENATE  APRIL 2, 2009

INTRODUCED BY   Senator Alquist

                        FEBRUARY 27, 2009

   An act to add  Article 7 (commencing with Section 101321)
to Chapter 3 of Part 3 of Division 101 of   Section
101318 to  the Health and Safety Code, relating to federal
funding.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 769, as amended, Alquist. Federal funding:  economic
stimulus: local health administration.   supplemental
appropriations: pandemic flu.  
   Existing law provides for the allocation of state aid to the
administrative bodies of qualifying local health departments
according to a specified formula for prescribed purposes, including
communicable disease control activities and community and public
health surveillance activities.  
   Existing law establishes procedures and requirements to govern the
allocation to, and expenditure by, local health jurisdictions of
federal funding received for the prevention of, and response to,
bioterrorist attacks and other public health emergencies. Existing
law provides that these procedures apply only when local health
jurisdictions are designated by a federal or state agency to manage
the funds for public health preparedness and response to bioterrorist
attacks and other public health emergencies, pursuant to a specified
federally approved plan. Existing law repeals these provisions as of
January 1, 2011, as specified. 
   This bill would, commencing with the 2009-10 fiscal year, provide
that federal funding received pursuant to the  American
Recovery and Reinvestment Act of 2009 for chronic disease prevention
and wellness   federal 2009 Supplemental Appropriations
Act for pandemic flu for purposes of state and local public health
and emergency response infrastructure  would be subject to
appropriation by the Legislature  , as specified 
 for allocation by the State Department of Public Health pursuant
to the specified federally approved plan  .
   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.    The Legislature finds and declares all
of the following:  
   (a) The Legislature intends to ensure that federal funds granted
for the purpose of emergency preparedness for responding to a
pandemic flu outbreak are distributed appropriately to local public
health jurisdictions.  
   (b) The Legislature acknowledges that, as a result of the recent
economic downturn, California's local health departments have lost
tens of millions of dollars in funding and hundreds of employment
positions.  
   (c) The public health infrastructure and workforce at the local
level are the first line of defense against communicable disease.
Without proper personnel in place, a response to the H1N1 flu virus
or any other public health threat is significantly weakened. 
   SEC. 2.    Section 101318 is added to the  
Health and Safety Code   , to read:  
   101318.  (a) Commencing with the 2009-10 fiscal year, federal
funding received pursuant to the 2009 Supplemental Appropriations Act
(H.R. 2346) for pandemic flu for purposes of state and local public
health and emergency response infrastructure, including, but not
limited to, epidemiology, communicable disease response, workforce,
laboratory capacity, public communications, and community mitigation
guidance and planning, shall be subject to appropriation by the
Legislature in the annual Budget Act or other statute for allocation
by the department in accordance with this article.
   (b) This article shall govern instances when federal funding is
allocated and expended for disease control and prevention activities
by local health jurisdictions.
   (c) The funds appropriated pursuant to this section shall be
allocated pursuant to the federally approved collaborative
state-local plan. The proportion of funds allocated to local health
jurisdictions shall be the same as the proportion stipulated in the
2008-09 federally approved collaborative state-local plan. 

  SECTION 1.    Article 7 (commencing with Section
101321) is added to Chapter 3 of Part 3 of Division 101 of the Health
and Safety Code, to read:

      Article 7.  Federal Economic Stimulus Funding for Chronic
Disease Prevention and Wellness


   101321.  (a) Commencing with the 2009-10 fiscal year, federal
funding received pursuant to the American Recovery and Reinvestment
Act of 2009 (Public Law 111-5), for purposes of chronic disease
prevention and wellness, shall be subject to appropriation by the
Legislature in the annual Budget Act or other statute for allocation
by the department in accordance with this article.
   (b) This article shall govern instances when federal funding is
allocated and expended for disease control and prevention activities
by local health jurisdictions.