BILL ANALYSIS                                                                                                                                                                                                    



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        ASSEMBLY THIRD READING
        AB 980 (Pan)
        As Amended  March 21, 2013
        Majority vote 

         BUSINESS & PROFESSIONS     8-4  APPROPRIATIONS      12-5        
         
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        |Ayes:|Bocanegra, Campos,        |Ayes:|Gatto, Bocanegra,         |
        |     |Dickinson,                |     |Bradford,                 |
        |     |Eggman, Holden, Mullin,   |     |Ian Calderon, Campos,     |
        |     |Skinner,                  |     |Eggman, Gomez, Hall,      |
        |     |Ting                      |     |Rendon, Pan, Quirk, Weber |
        |     |                          |     |                          |
        |-----+--------------------------+-----+--------------------------|
        |Nays:|Jones, Hagman,            |Nays:|Harkey, Bigelow,          |
        |     |Maienschein, Wilk         |     |Donnelly, Linder, Wagner  |
        |     |                          |     |                          |
         ----------------------------------------------------------------- 
         SUMMARY  :  Requires the California Building Standards Commission  
        (CBSC), in conjunction with the Office of Statewide Health Planning  
        and Development (OSHPD), to adopt emergency regulations to delete  
        proposed building standard regulations for primary care clinics  
        offering abortion services, and prohibits CBSC from adopting  
        building standard regulations for construction requirements that  
        differ between primary care clinics that offer certain abortion  
        services and those that do not.  Specifically,  this bill  :  

        1)Requires CBSC and OSHPD to adopt emergency regulations that delete  
          building standard regulations for primary care clinics providing  
          abortion services (Section 1226.7) from the 2013 Triennial Edition  
          of the California Building Standards Code (2013 Code). 

        2)Prohibits CBSC from adopting building standard regulations for  
          construction requirements that distinguish between primary care  
          clinics providing medication or aspiration abortion services and  
          certain other primary care clinics. 

        3)Declares that the Legislature intends to preempt and render  
          inoperative the 2013 Code regulations defining a primary care  
          clinic that provides abortion services. 
         
        FISCAL EFFECT  :  According to the Assembly Appropriations Committee,  
        minor absorbable costs to the CBSC and OSHPD.








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         COMMENTS  :   

        1)Purpose of this bill  .  This bill would require CBSC and OSHPD to  
          adopt emergency regulations to preempt a pending building standard  
          regulation that would effectively prevent clinics that provide  
          medication and aspiration abortion services from utilizing a  
          proposed building standard exemption for primary care clinics that  
          would allow them to follow less stringent and less costly space  
          and plumbing code requirements for new and retrofitted clinics.   
          Additionally, this bill would prohibit CBSC from adopting any  
          future building standards that would differentiate between primary  
          care clinics that provide medication or aspiration abortion  
          services and those that do not.  

          The sponsors believe that differential treatment of primary care  
          clinics is unjustified, and argue that building standards for  
          primary care clinics should be uniformly applied, regardless of  
          whether or not abortion services are offered.  This bill is  
          sponsored by the Planned Parenthood Affiliates of California. 

         2)Understanding the building standards code cycle and rulemaking  
          process  .  CBSC is responsible for administering California's  
          building codes.  The CBSC publishes the code every three years,  
          and supplements to the code 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 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 (CDPH) regulations prescribing general  
          space requirements for clinics. 

         3)Understanding the OSHPD exemption for primary care clinics  .  CBSC  
          recently adopted OSHPD regulations that exempted primary care  
          clinics, except for those that provide abortions, from certain  
          plumbing code and space requirements.  These regulations are part  
          of the 2013 Code that will take effect on January 1, 2014.  These  
          exemptions would permit the construction or renovation of primary  
          care clinics at a lower cost because they would not have to comply  








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          with the existing - and more stringent - plumbing standards.  

          These exemptions target a limited classification of primary care  
          clinics to align with the national guidelines established for  
          small, community-oriented primary care outpatient facilities that  
          are expected to increase in number as a result of the federal  
          Affordable Care Act. 

         4)This bill in practice  .  As noted above, the actions taken by this  
          bill are relatively straightforward: 

        First, this bill requires CBSC and OSHPD to adopt emergency  
          regulations to repeal Section 1226.7 of the 2013 Code (which deals  
          specifically with requirements for primary care clinics that  
          provide abortion services) so only Section 1226.6 of the 2013 Code  
          (dealing with the lower requirements for primary care clinics in  
          general) remains.  By deleting Section 1226.7, primary care  
          clinics that provide abortion services should be able to avail  
          themselves of the less expensive building standard quickly,  
          thereby making it easier to build new clinics and retrofit  
          existing ones.  

          Any building standard adopted through the emergency rulemaking  
          procedure takes effect immediately upon filing with the Secretary  
          of State but expire 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, to keep the  
          OSHPD exemptions permanently in the code.

          Second, this bill would explicitly prohibit CBSC from adopting  
          building standards in the future that distinguish between primary  
          care clinics providing medication or aspiration (as opposed to  
          surgical) abortion services and certain other primary care  
          clinics.  The purpose of this is simply to prevent the  
          promulgation of a regulation like Section 1226.7 of the 2013 Code  
          in the future.  


         Analysis Prepared by  :    Joanna Gin / B., P. & C.P. / (916) 319-3301  



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