BILL NUMBER: SB 769	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 26, 2010
	PASSED THE ASSEMBLY  AUGUST 19, 2010
	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 Section 101318 to,
the Health and Safety Code, relating to federal funding, and
declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 769, Alquist. Federal funding: supplemental appropriations:
pandemic 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 provide that federal funding received pursuant to the federal
2009 Supplemental Appropriations Act for pandemic 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 declare that it is to take effect immediately as
an urgency statute.



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 and public
health emergency response to a pandemic 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 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) Federal funding received pursuant to the 2009
Supplemental Appropriations Act (Public Law 111-32) for pandemic
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 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
jurisdiction activities shall be at least the proportion stipulated
in the 2008-09 federally approved 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 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. 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.