BILL NUMBER: SB 769	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 16, 2010
	AMENDED IN ASSEMBLY  JUNE 24, 2010
	AMENDED IN ASSEMBLY  SEPTEMBER 9, 2009
	AMENDED IN ASSEMBLY  AUGUST 31, 2009
	AMENDED IN ASSEMBLY  JULY 14, 2009
	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 amend Section 101320 of, and to add  Sections
101318 and 101318.5   Section 101318  to, the
Health and Safety Code, relating to federal funding,  making
an appropriation therefor,  and declaring the urgency
thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 769, as amended, Alquist. Federal funding: supplemental
appropriations: pandemic  flu.   influenza.

   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 extend the repeal date to January 1, 2013, and
would  , commencing with the 2009-10 fiscal year, 
provide that federal funding received pursuant to the federal 2009
Supplemental Appropriations Act for pandemic  flu 
 influenza  for purposes of state and local public health
and emergency response infrastructure would be subject to
appropriation by the Legislature for allocation by the State
Department of Public Health, as prescribed  and would modify the
methodology for allocation of those funds  . 
   This bill would also require the department to use funds allocated
pursuant to the 2009 Supplemental Appropriations Act, as specified,
to expand the capacity of the California Health Alert Network, or
another appropriate communications network, in a manner that would
allow the department to communicate electronically and in a timely
manner with every general acute care hospital and primary care clinic
in the state during a public health emergency.  
   By expanding the purposes for which an existing appropriation may
be used, this bill would make an appropriation. 
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation:  yes  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  public health  emergency preparedness
 for responding   and public health emergency
response  to a pandemic  flu   influenza
 outbreak are distributed appropriately to local public health
jurisdictions.
   (b) 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   influenza  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   Federal  funding received pursuant to the
2009 Supplemental Appropriations Act (Public Law 111-32) for
pandemic  flu   influenza  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 
    (b)     This section shall govern federal
funding provided by the Public Health Emergency Preparedness
Cooperative Agreement and the Public Health Emergency Response
Cooperative Agreement for  the state and local health
jurisdictions.
   (c) The proportion of funds allocated to  support  local
health  jurisdictions   jurisdiction activities
 shall be at least the proportion stipulated in the 2008-09
federally approved  collaborative state-local plan 
 state applications for the Public Health Emergency Preparedness
Cooperative Agreement  unless stipulated otherwise by federal
law or guidance  , or unless the department, in consultation with
the California Conference of Local Health Officers and the County
Health Executives Association of California, submits an application
that specifies a different funding allocation  .
   (d) The department may establish a minimum allocation of less than
one hundred thousand dollars ($100,000) to local health
jurisdictions, if the department consults with the California
Conference of Local Health Officers and the County Health Executives
Association of California. 
  SEC. 3.    Section 101318.5 is added to the Health
and Safety Code, to read:
   101318.5.  Using funds allocated pursuant to the 2009 Supplemental
Appropriations Act (Public Law 111-32), and to the extent permitted
by federal law, the department shall expand the capacity of the
California Health Alert Network, or another appropriate
communications network, in a manner that allows the department to
communicate electronically and in a timely manner with every general
acute care hospital and primary care clinic in the state during a
public health emergency. 
   SEC. 4.   SEC. 3.   Section 101320 of
the Health and Safety Code is amended to read:
   101320.  This article shall become inoperative on September 1,
2012, and, as of January 1, 2013, is repealed, unless a later enacted
statute that is enacted before January 1, 2013, deletes or extends
the dates on which it becomes inoperative and is repealed.
   SEC. 5.   SEC. 4.   This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
   In order to ensure an adequate and timely response to the H1N1
virus and other public health threats, it is necessary for this act
to take effect immediately.