BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 769|
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                                 THIRD READING


          Bill No:  SB 769
          Author:   Alquist (D)
          Amended:  8/16/10
          Vote:     27 - Urgency

           
           PRIOR VOTES NOT RELEVANT

          ASSEMBLY FLOOR  :  76-0, 8/19/10 - See last page for vote


           SUBJECT  :    Federal funding:  supplemental appropriations:  
          pandemic 
                      influenza 

           SOURCE  :     Health Office Association of California


           DIGEST  :    This bill provides that federal funding received  
          pursuant to the federal Supplemental Appropriations Act,  
          2009 for pandemic flu preparedness and response is subject  
          to appropriation by the Legislature for allocation by the  
          Department of Public Health (DPH) pursuant to the 2008-09  
          federally approved collaborative state-local plan;  
          authorizes DPH to establish a minimum allocation of  
          $100,000 to a local health jurisdiction (LHJ), as  
          specified; and, requires DPH to expand its electronic  
          communications capacity to accommodate every hospital and  
          primary care clinic during a public health emergency.  

           Assembly Amendments  delete the original version of the  
          bill, dealing with economic stimulus and local health  
          administration, and the bill now deals with federal funding  
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          and pandemic influenza.

           ANALYSIS  :    

           Existing law  :

          1. 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.

          2. 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.

          3. Repeals these provisions as of January 1, 2011, as  
             specified.

          This bill:

          1. Provides that federal funding received pursuant to the  
             federal Supplemental Appropriations Act, 2009 for  
             pandemic flu preparedness and response is subject to  
             appropriation by the Legislature for allocation by DPH  
             pursuant to the 2008-09 federally approved collaborative  
             state-local plans.

          2. Authorizes DPH to establish a minimum allocation of  
             $100,000 to a local health jurisdiction, as specified.

          3. Requires DPH to expand its electronic communications  
             capacity to accommodate every hospital and primary care  
             clinic during a public health emergency.

          4. Requires funds received for pandemic flu response, in  
             the case that a local health jurisdiction (LHJ) does not  
             apply for all of its authorized allocation, to be made  
             available by DPH to other LHJs that apply for them.

          5. Permits any addition funds not allocated to LHJ to be  

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             used by DPH for pandemic flu response activities.   
             Contains an urgency clause to ensure that the provisions  
             of this bill go into immediate effect upon enactment.

           Background
           
          According to the author's office, this bill is needed to  
          ensure appropriate allocation of federal funding for  
          emergency response and pandemic preparedness.  The author's  
          office states that for the past several years, the state  
          has received federal funds to be used for emergency  
          preparedness and response to such events as a pandemic flu  
          outbreak.  Under the existing state and local collaborative  
          plan approved by the federal government, 70 percent of the  
          funding is distributed to LHJs, while 30 percent remains  
          with the state.  According to the author's office, this  
          bill is needed to add the Supplemental Appropriations Act  
          funds to the previous stream of federal funds and ensure  
          that LHJs receive an adequate share of the funding.  The  
          author's office further contends this bill facilitates  
          timely distribution of the funds.

          According to DPH, novel H1N1 is a new influenza virus which  
          was first detected in people in the United States in April  
          2009 and which spreads from person-to-person, similar to  
          how regular seasonal influenza viruses spread.  The  
          symptoms of novel H1N1 flu virus in people are similar to  
          the symptoms of seasonal flu and include fever, cough, sore  
          throat, runny or stuffy nose, body aches, headache, chills,  
          and fatigue.  Some people infected with H1N1 also report  
          diarrhea and vomiting.  As of August 25, 2009, California  
          had 1,528 hospitalizations, including 128 deaths, due to  
          H1N1 flu (for comparison, DPH reports that each year,  
          approximately 4,500 Californians die from seasonal flu).   
          DPH states that California hospital admissions and  
          emergency room visits due to flu remain higher than normal  
          for this time of year and higher than what is typically  
          seen during the traditional flu season (October to May).   
          Although the H1N1 flu appears to be relatively mild, public  
          health officials remain concerned because flu viruses  
          mutate quickly and can become more virulent, in which case,  
          a more serious outbreak could occur in the fall.

          On June 24, 2009, President Obama signed the Supplemental  

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          Appropriations Act, which provides $1.85 billion nationally  
          to prepare for and respond to an influenza pandemic,  
          including the development and purchase of vaccine,  
          antivirals, medical supplies, diagnostics, and other  
          surveillance tools, and to assist international efforts and  
          respond to international needs relating to the 2009 H1N1  
          influenza outbreak.  No less than $350 million of the  
          appropriation is intended for upgrading state and local  
          capacity.  The supplemental funding is intended to continue  
          to address the current H1N1 influenza outbreak, but also to  
          prepare for the potential of future outbreaks, increased  
          severity of the H1N1 virus, or for the emergence of a new  
          influenza strain.  Therefore, the funding may be used for  
          an array of pandemic influenza preparedness and response  
          activities.  In July and August, the federal government  
          awarded DPH over $46 million through the Supplemental  
          Appropriations Act and on August 27, 2009, the  
          Schwarzenegger Administration submitted a Section 28  
          application to the Legislature for authority to use the  
          funds.  DPH anticipates additional supplemental funding,  
          but the federal government has not announced the award  
          amounts for the remaining funds.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Assembly Appropriations Committee, a  
          one-time allocation of $28 million in federal funding from  
          the federal Public Health and Social Services Fund related  
          to pandemic flu generally and the H1N1 virus specifically,  
          to be shared 30 percent-70 percent (state/county) among DPH  
          and LHJs.  Additional unknown future distributions of  
          federal funding in the 30 percent-70 percent sharing ratio.  
           At this time, an additional $5.8 billion of federal funds  
          nationally has been set aside by Congress to support  
          additional public health activities related to pandemic  
          flu.

           SUPPORT  :   (Verified  8/19/10)

          Health Offices Association of California (source)
          Santa Clara County, Board of Supervisors



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           ASSEMBLY FLOOR  : 
          AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall, Bill  
            Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,  
            Bradford, Brownley, Buchanan, Caballero, Charles  
            Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De  
            La Torre, De Leon, DeVore, Eng, Evans, Feuer, Fletcher,  
            Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,  
            Garrick, Gatto, Gilmore, Hall, Harkey, Hayashi,  
            Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Lieu,  
            Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,  
            Nava, Nestande, Niello, Nielsen, V. Manuel Perez,  
            Portantino, Ruskin, Salas, Saldana, Silva, Skinner,  
            Smyth, Solorio, Audra Strickland, Swanson, Torlakson,  
            Torres, Torrico, Tran, Villines, Yamada, John A. Perez
          NO VOTE RECORDED: Hagman, Knight, Norby, Vacancy


          CTW:do  8/20/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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