BILL ANALYSIS                                                                                                                                                                                                    

                                                                AB 980
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        ( Without Reference to File  )

        AB 980 (Pan)
        As Amended  September 12, 2013
        Majority vote
        |ASSEMBLY:  |47-21|(May 24, 2013)  |SENATE: |24-13|(September 12, |
        |           |     |                |        |     |2013)          |
         Original Committee Reference:    B.,P. & C.P.  

         SUMMARY  :  Requires the California Building Standards Commission  
        (CBSC), in conjunction with the Office of Statewide Health Planning  
        and Development (OSHPD), to repeal certain regulations and sections  
        of the California Building Standards Code that treat primary clinics  
        differently depending on whether the clinics provide abortion  

         The Senate amendments  delete the prior version of the bill, and  
         1)Require CBSC, in conjunction with OSHPD, to repeal Section 1226.7  
          of the 2013 Triennial Edition of the California Building Standards  
          Code, including all cross-references to that section, as soon as  
         2)Require the California Department of Public Health (CDPH) to  
          repeal by July 1, 2014, the regulations relating to abortion  
          services in primary care clinics contained in Article 5  
          (commencing with Section 75040) of Chapter 7 of Division 5 of  
          Title 22 of the California Code of Regulations.  
         3)Grant OSHPD emergency regulatory authority to implement the  
          provisions of this bill.  
        4)Declare that the regulations adopted pursuant to this bill shall  
          become permanent without further regulatory action.  
         5)Declare the intent of the Legislature that all primary care  
          clinics, including primary care clinics that provide abortion  
          services, be subject to the same licensing and building standards.  


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         6)Declare the intent of the Legislature to render unenforceable  
          Section 1226.7 of the 2013 Triennial Edition of the California  
          Building Standards Code, and states the intention of the  
          Legislature that the public agencies with authority to enforce  
          those sections of code not enforce them.  

        FISCAL EFFECT  :  According to the Senate Appropriations Committee,  
        this bill would have minor costs to the CBSC and OSHPD to develop  
        and adopt emergency regulations, as well as one-time costs of about  
        $130,000 per year for two years for CDPH to review and revise any  
        existing regulations that may be in conflict with the requirements  
        of the bill.

         COMMENTS  :   

         1)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 CDPH regulations  
          prescribing general space requirements for clinics. 

         2)Understanding the OSHPD exemption for primary care clinics  .   
          During the process of updating the building standards code for the  
          2013 edition, OSHPD proposed a new subcategory of clinics that  
          would be exempt from certain requirements that applied to other  
          clinics.  Clinics are referred to in the building codes as OSHPD 3  
          facilities, and this new exempted subcategory is called OSHPD 3SE.  

        The OSHPD 3SE classification consists of primary care clinics  
          providing services that must meet requirements described in  
          Section 1226.6 of Title 24 of the California Code of Regulations  
          (clinics that are without treatment rooms and that perform  
          procedures in examination rooms), as well as rehabilitation  
          clinics and psychology clinics.  Clinics performing abortions must  
          meet additional requirements described in Section 1226.7 of Title  


                                                                AB 980
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          24, which requires these clinics to have treatment rooms, as well  
          as other space requirements based on Title 22 regulatory  
          requirements described in existing law above.  However, Section  
          1226.7 specifically permits treatment rooms for aspiration  
          abortion to be sized as examination rooms. The OSHPD 3SE exemption  
          does not apply to clinics that are required to comply with Section  

        By eliminating Section 1226.7, with its additional requirements for  
          abortion services, the author's intent is that those primary care  
          clinics performing medication and aspiration abortion services  
          would be treated the same as other primary care clinics, and would  
          fall under the 3SE exemption.

         Analysis Prepared by  :    Sarah Huchel / B., P. & C.P. / (916)