BILL NUMBER: SB 630 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Alquist
FEBRUARY 18, 2011
An act to amend Sections 130060 and 130064 of, and to add Sections
130065.1 and 130066 to, the Health and Safety Code, relating to
health facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 630, as introduced, Alquist. Hospitals: seismic safety.
(1) Existing law provides for the licensure of health facilities,
including general acute care hospitals, by the State Department of
Public Health.
Existing law, the Alfred E. Alquist Hospital Facilities Seismic
Safety Act of 1983, establishes, under the jurisdiction of the Office
of Statewide Health Planning and Development, a program of seismic
safety building standards for certain hospitals constructed on and
after March 7, 1973. Existing law authorizes the office to assess an
application fee for the review of facilities design and construction,
and requires that full and complete plans be submitted to the office
for review and approval.
Existing law requires that, after January 1, 2008, any general
acute care hospital building that is determined to be a potential
risk of collapse or pose significant loss of life be used only for
nonacute care hospital purposes, except that the office may grant a
5-year extension of that deadline, under prescribed circumstances,
for both structural and nonstructural requirements. Existing law also
authorizes the office to grant an additional extension if the
hospital building meets designated criteria, including appropriately
retrofitting the facility, as specified.
This bill would, among other things, revise the conditions that a
hospital owner would be required to meet in order for the office to
grant an additional extension. This bill would authorize the
department to revoke the extension if the construction is abandoned
or suspended for at least 6 months, except as specified.
(2) Existing law authorizes the office to grant a 3-year extension
of the 5-year extension in lieu of the previously described
additional extension under specified conditions. Existing law also
authorizes a grant of an additional extension of up to 2 years if
specified criteria are met. Existing law requires a hospital owner
that applies for this extension to pay to the office a fee for
reporting requirements for this extension.
This bill would repeal the office's authority to grant the
additional extension of up to 2 years.
This bill would require a hospital that has an SPC-1 building to
post a specified sign at all public entrances to the building and
certify to the office that it has complied with specified
requirements. It would also subject a hospital, that fails to post
pursuant to the requirement, to civil penalties.
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. Section 130060 of the Health and Safety Code is amended
to read:
130060. (a) (1) After January 1, 2008, any general acute care
hospital building that is determined to be a potential risk of
collapse or pose significant loss of life shall only be used for
nonacute care hospital purposes. A delay in this deadline may be
granted by the office upon a demonstration by the owner that
compliance will result in a loss of health care capacity that may not
be provided by other general acute care hospitals within a
reasonable proximity. In its request for an extension of the
deadline, a hospital shall state why the hospital is unable to comply
with the January 1, 2008, deadline requirement.
(2) Prior to granting an extension of the January 1, 2008,
deadline pursuant to this section, the office shall do all of the
following:
(A) Provide public notice of a hospital's request for an extension
of the deadline. The notice, at a minimum, shall be posted on the
office's Internet Web site, and shall include the facility's name and
identification number, the status of the request, and the beginning
and ending dates of the comment period, and shall advise the public
of the opportunity to submit public comments pursuant to subparagraph
(C). The office shall also provide notice of all requests for the
deadline extension directly to interested parties upon request of the
interested parties.
(B) Provide copies of extension requests to interested parties
within 10 working days to allow interested parties to review and
provide comment within the 45-day comment period. The copies shall
include those records that are available to the public pursuant to
the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Government Code).
(C) Allow the public to submit written comments on the extension
proposal for a period of not less than 45 days from the date of the
public notice.
(b) (1) It is the intent of the Legislature, in enacting this
subdivision, to facilitate the process of having more hospital
buildings in substantial compliance with this chapter and to take
nonconforming general acute care hospital inpatient buildings out of
service more quickly.
(2) The functional contiguous grouping of hospital buildings of a
general acute care hospital, each of which provides, as the primary
source, one or more of the hospital's eight basic services as
specified in subdivision (a) of Section 1250, may receive a five-year
extension of the January 1, 2008, deadline specified in subdivision
(a) of this section pursuant to this subdivision for both structural
and nonstructural requirements. A functional contiguous grouping
refers to buildings containing one or more basic hospital services
that are either attached or connected in a way that is acceptable to
the State Department of Public Health Care
Services . These buildings may be either on the existing
site or a new site.
(3) To receive the five-year extension, a single building
containing all of the basic services or at least one building within
the contiguous grouping of hospital buildings shall have obtained a
building permit prior to 1973 and this building shall be evaluated
and classified as a nonconforming, Structural Performance Category-1
(SPC-1) building. The classification shall be submitted to and
accepted by the Office of Statewide Health Planning and Development.
The identified hospital building shall be exempt from the requirement
in subdivision (a) until January 1, 2013, if the hospital agrees
that the basic service or services that were provided in that
building shall be provided, on or before January 1, 2013, as follows:
(A) Moved into an existing conforming Structural Performance
Category-3 (SPC-3), Structural Performance Category-4 (SPC-4), or
Structural Performance Category-5 (SPC-5) and Non-Structural
Performance Category-4 (NPC-4) or Non-Structural Performance
Category-5 (NPC-5) building.
(B) Relocated to a newly built compliant SPC-5 and NPC-4 or NPC-5
building.
(C) Continued in the building if the building is retrofitted to a
SPC-5 and NPC-4 or NPC-5 building.
(4) A five-year extension is also provided to a post-1973 building
if the hospital owner informs the Office of Statewide Health
Planning and Development that the building is classified as SPC-1,
SPC-3, or SPC-4 and will be closed to general acute care inpatient
service use by January 1, 2013. The basic services in the building
shall be relocated into a SPC-5 and NPC-4 or NPC-5 building by
January 1, 2013.
(5) SPC-1 buildings, other than the building identified in
paragraph (3) or (4), in the contiguous grouping of hospital
buildings shall also be exempt from the requirement in subdivision
(a) until January 1, 2013. However, on or before January 1, 2013, at
a minimum, each of these buildings shall be retrofitted to a SPC-2
and NPC-3 building, or no longer be used for general acute care
hospital inpatient services.
(c) On or before March 1, 2001, the office shall establish a
schedule of interim work progress deadlines that hospitals shall be
required to meet to be eligible for the extension specified in
subdivision (b). To receive this extension, the hospital building or
buildings shall meet the year 2002 nonstructural requirements.
(d) A hospital building that is eligible for an extension pursuant
to this section shall meet the January 1, 2030, nonstructural and
structural deadline requirements if the building is to be used for
general acute care inpatient services after January 1, 2030.
(e) Upon compliance with subdivision (b), the hospital shall be
issued a written notice of compliance by the office. The office shall
send a written notice of violation to hospital owners that fail to
comply with this section. The office shall make copies of these
notices available on its Internet Web site.
(f) (1) A hospital that has received an extension of the January
1, 2008, deadline pursuant to subdivision (a) or (b) may request an
additional extension of up to two years for a hospital building that
it owns or operates and that meets the criteria specified in
paragraph (2), (3), or (5) (6) .
(2) The office may grant the additional extension if the hospital
building subject to the extension meets all of the following
criteria:
(A) The hospital building is under construction at the time of the
request for extension under this subdivision and the purpose of the
construction is to meet the requirements of subdivision (a) to allow
the use of the building as a general acute care hospital building
after the extension deadline granted by the office pursuant to
subdivision (a) or (b).
(B) The hospital building plans were submitted to the office and
were deemed ready for review by the office at least four years prior
to the applicable deadline for the building. The hospital shall
indicate, upon submission of its plans, the SPC-1 building or
buildings that will be retrofitted or replaced to meet the
requirements of this section as a result of the project.
(C) The hospital received a building permit for the construction
described in subparagraph (A) at least two years prior to the
applicable deadline for the building.
building or, if the building failed to be reclassified as an SPC-2
building pursuant to paragraph (6), at least one year prior to the
applicable deadline.
(D) The hospital submitted a construction timeline at least two
years prior to the applicable deadline for the building demonstrating
the hospital's intent to meet the applicable deadline or, if
the building failed to be reclassified as an SPC-2 building pursuant
to paragraph (6), at least one year prior to the deadline. The
timeline shall include all of the following:
(i) The projected construction start date.
(ii) The projected construction completion date.
(iii) Identification of the contractor.
(E) The hospital is making reasonable progress toward meeting the
timeline set forth in subparagraph (D), but factors beyond the
hospital's control make it impossible for the hospital to meet the
deadline.
(3) The office may grant the additional extension if the hospital
building subject to the extension meets all of the following
criteria:
(A) The hospital building is owned by a health care district that
has, as owner, received the extension of the January 1, 2008,
deadline, but where the hospital is operated by an unaffiliated
third-party lessee pursuant to a facility lease that extends at least
through December 31, 2009. The district shall file a declaration
with the office with a request for an extension stating that, as of
the date of the filing, the district has lacked, and continues to
lack, unrestricted access to the subject hospital building for
seismic planning purposes during the term of the lease, and that the
district is under contract with the county to maintain hospital
services when the hospital comes under district control. The office
shall not grant the extension if an unaffiliated third-party lessee
will operate the hospital beyond December 31, 2010.
(B) The hospital building plans were submitted to the office and
were deemed ready for review by the office at least four years prior
to the applicable deadline for the building. The hospital shall
indicate, upon submission of its plans, the SPC-1 building or
buildings that will be retrofitted or replaced to meet the
requirements of this section as a result of the project.
(C) The hospital received a building permit for the construction
described in subparagraph (B) by December 31, 2011.
(D) The hospital submitted, by December 31, 2011, a construction
timeline for the building demonstrating the hospital's intent and
ability to meet the deadline of December 31, 2014. The timeline shall
include all of the following:
(i) The projected construction start date.
(ii) The projected construction completion date.
(iii) Identification of the contractor.
(E) The hospital building is under construction at the time of the
request for the extension, the purpose of the construction is to
meet the requirements of subdivision (a) to allow the use of the
building as a general acute care hospital building after the
extension deadline granted by the office pursuant to subdivision (a)
or (b), and the hospital is making reasonable progress toward meeting
the timeline set forth in subparagraph (D).
(F) The hospital granted an extension pursuant to this paragraph
shall submit an additional status report to the office, equivalent to
that required by subdivision (c) of Section 130061, no later than
June 30, 2013.
(4) An extension granted pursuant to paragraph (3) shall be
applicable only to the health care district applicant and its
affiliated hospital while the hospital is operated by the district or
an entity under the control of the district.
(5) The office may grant the additional extension if the hospital
building subject to the extension meets all of the following
criteria:
(A) The hospital owner submitted to the office, prior to June 30,
2009, a request for review using current computer
modeling utilized by the office pursuant to regulations in
effect on or prior to June 30, 2009, and based upon software
developed by the Federal Emergency Management Agency, referred to as
Hazards US, and the building was deemed SPC-1 after that review.
(B) The hospital building plans for the building are submitted to
the office and deemed ready for review by the office prior to July 1,
2010. The hospital shall indicate, upon submission of its plans, the
SPC-1 building or buildings that shall be retrofitted or replaced to
meet the requirements of this section as a result of the project.
(C) The hospital receives a building permit from the office for
the construction described in subparagraph (B) prior to January 1,
2012.
(D) The hospital submits, prior to January 1, 2012, a construction
timeline for the building demonstrating the hospital's intent and
ability to meet the applicable deadline. The timeline shall include
all of the following:
(i) The projected construction start date.
(ii) The projected construction completion date.
(iii) Identification of the contractor.
(E) The hospital building is under construction at the time of the
request for the extension, the purpose of the construction is to
meet the requirements of subdivision (a) to allow the use of the
building as a general acute care hospital building after the
extension deadline granted by the office pursuant to subdivision (a)
or (b), and the hospital is making reasonable progress toward meeting
the timeline set forth in subparagraph (D).
(F) The hospital owner completes construction such that
in order for the hospital meets
to meet all the criteria to enable
the office to issue a certificate of occupancy by the applicable
deadline for the building.
(6) The office may grant the additional extension if all of the
following conditions are met:
(A) The hospital owner provides documentation to the office by
January 20, 2012, stating the owner's intent to comply with the
January 1, 2013, deadline requirements described in subdivisions (a)
and (b) by using computer modeling utilized by the office pursuant to
regulations adopted after June 30, 2009, but before December 30,
2010, and based upon Hazards US.
(B) The hospital owner submits to the office by July 1, 2012, a
request for review using computer modeling utilized by the office
pursuant to regulations adopted after June 30, 2009, but before
December 30, 2010, and based upon Hazards US, and the hospital plans
to mitigate targeted structural deficiencies to meet the SPC-2
requirements.
(C) The hospital building plans for the building are submitted to
the office and deemed ready for review by the office prior to January
1, 2012. The hospital shall indicate, upon submission of its plans,
the SPC-1 building or buildings that shall be retrofitted or replaced
to meet the requirements of this section as a result of the project.
The hospital shall also provide a proposed construction timeframe to
complete the project once the permit is issued. The construction
timeframe shall be approved by the office and shall only include the
amount of time that is reasonably necessary to complete the
construction required to meet the SPC-2 requirement.
(D) The hospital receives a building permit from the office for
the construction described in subparagraph (B) prior to January 1,
2013.
(E) The hospital provides documentation upon application stating
that the purpose of the construction is to meet the requirements of
subdivision (a), to allow the use of the building as a general acute
care hospital building after the extension deadline granted by the
office pursuant to subdivision (a) or (b), and to make reasonable
progress toward meeting the timeline set forth in subparagraph (C).
(F) The additional extension granted by the office pursuant to
this paragraph may not exceed the lesser of two years or the amount
of time that is reasonably necessary to complete the construction
that is required for the building to meet the SPC2 requirement. The
extension may be adjusted for delays in construction that are beyond
the control of the hospital, but not exceed a total of 24 months
beyond 2013.
(G) The hospital owner completes construction in order for the
hospital to meet all the criteria to enable the office to issue a
certificate of occupancy by the applicable deadline for the building.
(6)
(7) A hospital denied an extension pursuant to this
subdivision may appeal the denial to the Hospital Building Safety
Board.
(7)
(8) The office may revoke an extension granted pursuant
to this subdivision for any hospital building where the work of
construction is abandoned or suspended for a period of at least
one year six months , unless the
hospital demonstrates in a public document that the abandonment or
suspension was caused by factors beyond its control.
(g) All submissions to the office to obtain an extension pursuant
to subdivision (f) and Section 130061.5 and to comply with the
requirements of Section 130061 shall be complete and accurate. In
addition to the penalty described in subdivision (g) of Section
130064, the office shall deny or revoke an extension pursuant to this
chapter if the office determines that the information submitted had
a material effect on the granting of the extension. A hospital that
is denied an extension pursuant to this subdivision may appeal the
denial to the Hospital Building Safety Board.
SEC. 2. Section 130064 of the Health and Safety Code is amended to
read:
130064. (a) In lieu of the extension described in subdivision (f)
of Section 130060, the office may grant an extension to a general
acute care hospital pursuant to either subdivision
(c) or (f) if the hospital building will not meet
the seismic safety standards of that section by January 1, 2013, due
to a local planning delay.
(b) When applying for an extension under this section, the owner
of the general acute care hospital shall submit to the office
documentation that includes at least all of the following:
(1) The original schedule of the project or projects as had been
originally anticipated.
(2) The schedule of the project or projects as currently
projected.
(3) A timeline for the submission of documents to the local
planning authority or jurisdiction.
(4) Documentation that the local planning authority for the
project and for the enabling phases of the project does not grant
approvals prior to November 1, 2010, where the hospital had
originally filed the local application prior to January 1, 2008.
(5) A proposed construction timeframe demonstrating the completion
of the project once the permit is issued. The construction timeframe
shall be approved by the office and shall only include the amount of
time that is reasonably necessary to complete the construction
required to meet the seismic safety requirements.
(c) The office may grant an extension, in full one-year
increments, but no longer than three consecutive years, that
compensates for delays determined pursuant to subdivision (d).
(d) The office shall conduct a comprehensive review of the
schedule for the project or projects according to criteria specified
in this section. This review shall encompass the project or projects
under the jurisdiction of the office, as well as other project phases
not under the jurisdiction of the office. The office shall consider
the cumulative effect of local approval timelines for all elements of
the project or projects, inclusive of changes in scope or sequence
of the project or projects required by the local planning process.
The office may grant extensions based on an evaluation of each of the
following circumstances:
(1) Where the local planning authority approvals have delayed or
will delay the construction start date of the project or projects.
(2) Where the local conditions of approval on a project or
projects extend the duration beyond the originally anticipated
construction completion date.
(3) Where the cumulative effect of delays on the project or
projects creates additional construction delays due to local seasonal
weather impact requirements of the local planning authority.
(4) Construction related to the seismic retrofit or replacement
project has begun by January 1, 2013.
(5) The project or projects were submitted for review by the
department no later than January 1, 2009.
(6) The project or projects have received a building permit from
the department no later than January 1, 2012.
(e) Every six months after the approval of the extension, the
hospital owner shall report to the office on the status of the
project or projects, demonstrating that it is making reasonable
progress toward meeting the construction timeline.
(f) The office may grant an additional extension of up to two
years in addition to the extension granted pursuant to subdivisions
(c) and (d) only if the project or projects meet all of the following
criteria:
(1) A matrix of buildings at the hospital that identifies
compliance of each building to the standards required by Section
130065 at the completion of the project or projects.
(2) The construction timelines submitted pursuant to subdivision
(a) were determined to go beyond three years from the date the
building permit was issued.
(3) Acute care services will not be provided in any SPC-1 building
at any time during the extension.
(4) The hospital demonstrates that it has, and maintains
throughout the extension, life safety systems in all acute care
patient care areas that do not depend on, and are not routed through,
an SPC-1 building.
(5) The hospital either demonstrates that the SPC-1 building does
not pose a structural risk to an adjoining hospital building that is
used for acute care services or mitigates the risk in accordance with
a deadline described in subdivision (f) of Section 130060 that the
office determines will best protect patient safety.
(g)
(f) The office may revoke an extension granted pursuant
to this section for any hospital building where the work of
construction is abandoned or suspended for a period of at least six
months, unless the hospital demonstrates that the abandonment or
suspension was caused by factors beyond its control.
(h)
(g) The office may revoke an extension granted pursuant
to this section if it is determined that any information submitted
pursuant to this section was falsified in any manner by the hospital
or if the hospital fails to meet any of the criteria or conditions
specified in this section.
(i)
(h) Regulatory submissions made by the office to the
California Building Standards Commission pursuant to this section
shall be deemed, and shall be adopted as, emergency regulations.
(j)
(i) The hospital owner that applies for an extension
pursuant to this section shall pay to the office an additional fee,
to be determined by the office, sufficient to cover the additional
cost incurred by the office for maintaining all reporting
requirements established under this section, including, but not
limited to, the costs of reviewing and verifying the extension
documentation submitted pursuant to this section. This additional fee
shall not include any cost for review of the plans or other duties
related to receiving a building or occupancy permit.
(k)
(j) A hospital denied an extension pursuant to this
section may appeal the denial to the Hospital Building Safety Board.
SEC. 3. Section 130065.1 is added to the Health and Safety Code,
to read:
130065.1. (a) On or before January 1, 2016, a general acute care
hospital shall report all of the following to the office:
(1) Current configuration of all buildings on its campus,
including each structural performance category.
(2) The number of acute care beds and the basic and supplemental
services provided in each building.
(3) Identification of each building that needs to meet the
structural and nonstructural requirements of Section 130065.
(4) If a hospital building is under construction, or beginning
construction, to meet the requirements of Section 130060, 130061.5,
130064, or 130065 the hospital shall provide project numbers for each
building.
(b) (1) On or before January 1, 2020, a hospital shall submit a
master plan for all the buildings that are subject to subdivision (a)
of Section 130065 that the hospital intends to rebuild or replace by
January 1, 2030. The hospital master plan shall identify at least
all of the following:
(A) Each building that is subject to subdivision (a) of Section
130065.
(B) The current plan to rebuild or replace each building with
buildings that would be in compliance with subdivision (a) of Section
130065, including all structural and nonstructural requirements.
(C) The building or buildings to be removed from acute care
service and the projected date or dates of that action.
(D) The location for any new building or buildings, including, but
not limited to, whether the owner has received a permit for that
location.
(E) A copy of the preliminary design for the new building or
buildings.
(F) The number of beds available for acute care use in each new
building.
(G) The timeline for completed plan submission.
(H) The proposed construction timeline.
(I) The proposed cost at the time of submission.
(J) A copy of any records indicating the hospital governing board'
s approval of the hospital master plan.
(2) On or before January 1, 2023, the hospital owner submits to
the office a building plan for each building that is deemed ready for
review by the office.
(3) On or before January 1, 2025, the hospital owner receives a
building permit to begin construction for each building that the
owner intends to replace or retrofit pursuant to the master plan.
(4) Within six months of receipt of the building permit, the
hospital owner submits a construction timeline that identifies at
least all of the following:
(A) Each building that is subject to subdivision (a) of Section
130065.
(B) The project number or numbers for replacement of each
building.
(C) The projected construction start date or dates and projected
construction completion date or dates.
(D) The building or buildings to be removed from acute care.
(E) The estimated cost of construction.
(F) The name of the contractor.
(5) Every six months thereafter, the hospital owner shall report
to the office on the status of the project, including any delays or
circumstances that could materially affect the estimated completion
date.
(c) A hospital that has not submitted a report pursuant to this
section shall be assessed a civil penalty of ten dollars ($10) per
licensed acute care bed per day, but in no case to exceed one
thousand dollars ($1,000) per day for each
SPC-1 building not in compliance with this section
until it has complied with this section. These civil penalties shall
be deposited into the Facilities Penalties Account established
pursuant to Section 130066. A hospital assessed a civil penalty
pursuant to this section may appeal the assessment to the Hospital
Building Safety Board.
(d) The office shall make the information required by subdivisions
(a) and (b), available on its Internet Web site within 90 days of
receipt of this information.
SEC. 4. Section 130066 is added to the Health and Safety Code, to
read:
130066. (a) A hospital that complies with Section 130060 may post
a sign at all public entrances to the hospital building that states:
"THE STATE OF CALIFORNIA HAS DETERMINED THAT THIS HOSPITAL
FACILITY HAS COMPLIED WITH APPLICABLE STATE SEISMIC SAFETY LAWS FOR
HOSPITALS."
(b) A hospital that has an SPC-l building shall post a sign at all
public entrances to the building that states:
"THE STATE OF CALIFORNIA HAS DETERMINED THAT THIS HOSPITAL HAS
BUILDING(S) THAT ARE AT RISK OF COLLAPSE IN A MAJOR EARTHQUAKE. The
plan of compliance for this hospital is available for your review at
the hospital's Internet Web site, (insert Internet Web site address).
To receive additional information regarding hospital seismic safety,
go to www.oshpd.ca.gov."
(c) All signs posted pursuant to subdivision (a) or (b) shall be
posted in a conspicuous place at all public entrances of the
building, and shall be not less than five inches by seven inches in
size and be printed in no less than 30-point bold type.
(d) The plan of compliance required to be publicly available in
subdivision (b) is the reporting specified in subdivision (c) of
Section 130061.
(e) By February 1, 2012, each hospital that has an SPC-l building
shall certify in writing to the office that it has complied with
subdivisions (b), (c), and (d). Failure to post the sign required in
subdivision (b) shall result in the hospital being assessed a civil
penalty of ten dollars ($10) per licensed acute care bed per each day
that the hospital fails to post the sign required in subdivision
(b), but in no case to exceed one thousand dollars ($1,000) per day
for each SPC-l building.
(f) The moneys from these civil penalties shall be deposited into
the Facilities Penalties Account which is hereby established within
the Hospital Building Fund established pursuant to Section 129795. A
hospital assessed a civil penalty pursuant to this section may appeal
the assessment to the Hospital Building Safety Board.
Notwithstanding Section 129795, moneys in the account are not
continuously appropriated pursuant to that section, and shall be
available for expenditure only upon appropriation by the Legislature
in the annual Budget Act or other measure.
(g) A violation of this section shall not be subject to Section
129998.