California Legislature—2013–14 Regular Session

Assembly BillNo. 678


Introduced by Assembly Members Gordon and Dickinson

February 21, 2013


An act to amend Section 56430 of the Government Code, and to amend Section 32121.9 of the Health and Safety Code, relating to health care districts.

LEGISLATIVE COUNSEL’S DIGEST

AB 678, as introduced, Gordon. Health care districts: community health needs assessment.

(1) Existing law, the Local Health Care District Law, requires a health care district that leases or transfers its assets to a corporation in accordance with specified provisions to act as an advocate for the community to the operating corporation and to annually report to the community on the progress made in meeting the community’s health needs.

This bill would, in addition, require that the health care district conduct an assessment, every 5 years, of the community’s health needs and provide opportunities for public input. The bill would require that the annual report be made in the context of the assessment.

(2) Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, sets forth the powers and duties of a local agency formation commission, including, among others, the power to initiate proposals by resolution of application for the consolidation of a district, the dissolution of a district, a merger, the establishment of a subsidiary district, the formation of a new district or districts, and a specified reorganization.

Existing law requires the commission, in order to prepare and to update spheres of influence, to conduct a service review of the municipal services provided in the county or other appropriate area designated by the commission. The law requires the commission, among other things, to prepare a written statement of its determinations with respect to specified items, including, but not limited to, growth and population projections for the area and present and planned capacity of public facilities.

This bill would require that, in the case of a health care district established pursuant to the Local Health Care District Law, the written statement also address any community health needs assessment developed pursuant to the provisions described in (1) above.

(3) By requiring that local agencies comply with these requirements, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 56430 of the Government Code is
2amended to read:

3

56430.  

(a) In order to prepare and to update spheres of
4influence in accordance with Section 56425, the commission shall
5conduct a service review of the municipal services provided in the
6county or other appropriate area designated by the commission.
7The commission shall include in the area designated for service
8review the county, the region, the subregion, or any other
9geographic area as is appropriate for an analysis of the service or
10services to be reviewed, and shall prepare a written statement of
11its determinations with respect to each of the following:

12(1) Growth and population projections for the affected area.

P3    1(2) The location and characteristics of any disadvantaged
2unincorporated communities within or contiguous to the sphere
3of influence.

4(3) Present and planned capacity of public facilities, adequacy
5of public services, and infrastructure needs or deficiencies including
6needs or deficiencies related to sewers, municipal and industrial
7water, and structural fire protection in any disadvantaged,
8unincorporated communities within or contiguous to the sphere
9of influence.

10(4) Financial ability of agencies to provide services.

11(5) Status of, and opportunities for, shared facilities.

12(6) Accountability for community service needs, including
13governmental structure and operational efficiencies.

14(7) Any other matter related to effective or efficient service
15delivery, as required by commission policy.

begin insert

16(8) In the case of a health care district established pursuant to
17Division 23 (commencing with Section 32000) of the Health and
18Safety Code, any community health needs assessment developed
19pursuant to Section 32121.9 of the Health and Safety Code.

end insert

20(b) In conducting a service review, the commission shall
21comprehensively review all of the agencies that provide the
22identified service or services within the designated geographic
23area. The commission may assess various alternatives for
24improving efficiency and affordability of infrastructure and service
25delivery within and contiguous to the sphere of influence,
26including, but not limited to, the consolidation of governmental
27agencies.

28(c) In conducting a service review, the commission may include
29a review of whether the agencies under review, including any
30public water system as defined in Section 116275, are in
31compliance with the California Safe Drinking Water Act (Chapter
324 (commencing with Section 116270) of Part 12 of Division 104
33of the Health and Safety Code). A public water system may satisfy
34any request for information as to compliance with that act by
35submission of the consumer confidence or water quality report
36prepared by the public water system as provided by Section 116470
37of the Health and Safety Code.

38(d) The commission may request information, as part of a service
39review under this section, from identified public or private entities
40that provide wholesale or retail supply of drinking water, including
P4    1mutual water companies formed pursuant to Part 7 (commencing
2with Section 14300) of Division 3 of Title 1 of the Corporations
3Code, and private utilities, as defined in Section 1502 of the Public
4Utilities Code.

5(e) The commission shall conduct a service review before, or
6in conjunction with, but no later than the time it is considering an
7action to establish a sphere of influence in accordance with Section
856425 or 56426.5 or to update a sphere of influence pursuant to
9Section 56425.

10

SEC. 2.  

Section 32121.9 of the Health and Safety Code is
11amended to read:

12

32121.9.  

A district that leases or transfers its assets to a
13corporation pursuant to this division, including, but not limited to,
14subdivision (p) of Section 32121 or Section 32126, shallbegin delete actend deletebegin insert do
15all of the following:end insert

16begin insert(a)end insertbegin insertend insertbegin insertAct end insertas an advocate for the community to the operating
17corporation.begin delete The district shallend delete

begin insert

18(b) Conduct an assessment, every five years, of the community’s
19health needs and provide opportunities for the involvement and
20input of citizens, public agencies, civic organizations, and local
21education agencies, and other community groups, through public
22hearings and other means that the district deems appropriate.

end insert

23begin insert(c)end insertbegin insertend insertbegin insertReport end insertannuallybegin delete reportend delete to the community on the progress
24made in meeting the community’s health needsbegin insert, as assessed
25pursuant to subdivision (b)end insert
.

26

SEC. 3.  

If the Commission on State Mandates determines that
27this act contains costs mandated by the state, reimbursement to
28local agencies and school districts for those costs shall be made
29pursuant to Part 7 (commencing with Section 17500) of Division
304 of Title 2 of the Government Code.



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