BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 980
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          Date of Hearing:   May 15, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                     AB 980 (Pan) - As Amended:  March 21, 2013 

          Policy Committee:                              B&P  Vote:8-4

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill:

          1)Requires the California Building Standards Commission (CBSC),  
            in conjunction with the Office of Statewide Health Planning  
            and Development (OSHPD), to adopt emergency regulations  
            deleting a specific section from the 2013 Triennial Edition of  
            the California Building Standards Code applicable to primary  
            care clinics that provide abortion services.

          2)Prohibits the CBSC from adopting building code standards  
            establishing construction requirements for primary care  
            clinics providing medication or aspiration abortion services  
            that differ from standards applicable to other primary care  
            clinics.

           FISCAL EFFECT  

          Minor absorbable costs to the CBSC and OSHPD.

           COMMENTS  

           1)Background  . The CBSC was established in 1953 and is  
            responsible for administering California's building codes,  
            including adopting, approving, publishing, and implementing  
            codes and standards. The Code is published every three years,  
            with supplements published in intervening years. Building  
            regulations and standards take effect 180 days after their  
            publication unless otherwise stated.

            OSHPD promulgates building standard regulations related to the  
            construction of licensed clinics and outpatient clinical  








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            services of a hospital in non-hospital buildings under the  
            jurisdiction of local building departments.  OSHPD also  
            develops building standards that have specific construction  
            requirements for primary care clinics providing abortion  
            services based on California Department of Public Health  
            regulations prescribing general space requirements for  
            clinics.

            As part of the 2013 Code, which takes effect on January 1,  
            2014, the CBSC recently adopted proposed OSHPD regulations  
            that exempt primary care clinics, except for those that  
            provide abortions, from certain plumbing code and space  
            requirements. The 2013 Code standards also state that primary  
            care clinics that include treatment rooms, procedure rooms, or  
            patient treatment spaces requiring positive or negative  
            pressure other than airborne infection isolation exam rooms do  
            not receive these exemptions. The result is that, if a primary  
            care clinic that would provide abortions is being built or  
            retrofitted, it would not be entitled to the exemption from  
            the space and plumbing code requirements described above and  
            would instead have to adhere to the more stringent and costly  
            building standards.

           2)Purpose  . AB 980, sponsored by Planned Parenthood Affiliates of  
            California, requires CBSC and OSHPD to adopt emergency  
            regulations to repeal Code Section 1226.7 (which deals  
            specifically with requirements for primary care clinics that  
            provide abortion services), thus allowing primary care clinics  
            that provide abortion services to avail themselves of the less  
            expensive building standard. (Any building standard adopted  
            through the emergency rulemaking procedure takes effect  
            immediately upon filing with the Secretary of State, but  
            expires after six months.  Any permanent change to the  
            building code would need to be promulgated through the regular  
            rulemaking process within 180 days of taking effect.)

            AB 980 also explicitly prohibits CBSC from adopting future  
            building standards that distinguish between primary care  
            clinics providing medication or aspiration (as opposed to  
            surgical) abortion services and certain other primary care  
            clinics.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081 










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