BILL NUMBER: AB 678	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 56430 of the Government Code is amended to
read:
   56430.  (a) In order to prepare and to update spheres of influence
in accordance with Section 56425, the commission shall conduct a
service review of the municipal services provided in the county or
other appropriate area designated by the commission. The commission
shall include in the area designated for service review the county,
the region, the subregion, or any other geographic area as is
appropriate for an analysis of the service or services to be
reviewed, and shall prepare a written statement of its determinations
with respect to each of the following:
   (1) Growth and population projections for the affected area.
   (2) The location and characteristics of any disadvantaged
unincorporated communities within or contiguous to the sphere of
influence.
   (3) Present and planned capacity of public facilities, adequacy of
public services, and infrastructure needs or deficiencies including
needs or deficiencies related to sewers, municipal and industrial
water, and structural fire protection in any disadvantaged,
unincorporated communities within or contiguous to the sphere of
influence.
   (4) Financial ability of agencies to provide services.
   (5) Status of, and opportunities for, shared facilities.
   (6) Accountability for community service needs, including
governmental structure and operational efficiencies.
   (7) Any other matter related to effective or efficient service
delivery, as required by commission policy. 
   (8) In the case of a health care district established pursuant to
Division 23 (commencing with Section 32000) of the Health and Safety
Code, any community health needs assessment developed pursuant to
Section 32121.9 of the Health and Safety Code. 
   (b) In conducting a service review, the commission shall
comprehensively review all of the agencies that provide the
identified service or services within the designated geographic area.
The commission may assess various alternatives for improving
efficiency and affordability of infrastructure and service delivery
within and contiguous to the sphere of influence, including, but not
limited to, the consolidation of governmental agencies.
   (c) In conducting a service review, the commission may include a
review of whether the agencies under review, including any public
water system as defined in Section 116275, are in compliance with the
California Safe Drinking Water Act (Chapter 4 (commencing with
Section 116270) of Part 12 of Division 104 of the Health and Safety
Code). A public water system may satisfy any request for information
as to compliance with that act by submission of the consumer
confidence or water quality report prepared by the public water
system as provided by Section 116470 of the Health and Safety Code.
   (d) The commission may request information, as part of a service
review under this section, from identified public or private entities
that provide wholesale or retail supply of drinking water, including
mutual water companies formed pursuant to Part 7 (commencing with
Section 14300) of Division 3 of Title 1 of the Corporations Code, and
private utilities, as defined in Section 1502 of the Public
Utilities Code.
   (e) The commission shall conduct a service review before, or in
conjunction with, but no later than the time it is considering an
action to establish a sphere of influence in accordance with Section
56425 or 56426.5 or to update a sphere of influence pursuant to
Section 56425.
  SEC. 2.  Section 32121.9 of the Health and Safety Code is amended
to read:
   32121.9.  A district that leases or transfers its assets to a
corporation pursuant to this division, including, but not limited to,
subdivision (p) of Section 32121 or Section 32126, shall 
act   do all of the following: 
    (a)     Act  as an advocate for the
community to the operating corporation.  The district shall
 
   (b) Conduct an assessment, every five years, of the community's
health needs and provide opportunities for the involvement and input
of citizens, public agencies, civic organizations, and local
education agencies, and other community groups, through public
hearings and other means that the district deems appropriate. 
    (c)     Report  annually 
report  to the community on the progress made in meeting the
community's health needs  , as assessed pursuant to subdivision
(b)  .
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.