BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 563
                                                                  Page  1

          Date of Hearing:  August 13, 2013

                            ASSEMBLY COMMITTEE ON HEALTH
                                 Richard Pan, Chair
                     SB 563 (Galgiani) - Amended:  August 5, 2013

           SENATE VOTE  :  34-0
           
          SUBJECT  :  Office of Statewide Health Planning and Development:   
          construction of health facilities.

           SUMMARY :  Requires the person or entity requesting a copy of a  
          construction document maintained by OSHPD to bear the actual  
          cost of producing the copy of that document, including staff  
          time spent retrieving, inspecting, and handling the documents,  
          as well as copying and shipping costs.  Requires OSHPD to  
          provide the requestor with an estimate of the cost prior to  
          making the copies.

           EXISTING LAW  :  

          1)Establishes the Alfred E. Alquist Hospital Facilities Seismic  
            Safety Act of 1983 (Seismic Safety Act), which requires OSHPD  
            to adopt regulations for building standards for earthquake  
            resistance and provide an independent review of the design and  
            construction of hospital buildings.

          2)Requires OSHPD to observe the construction of, addition to, or  
            reconstruction or alteration of any hospital building as it  
            deems necessary for the protection of life and property.

          3)Requires the governing authority of each hospital, before  
            adopting any plans for the hospital building, to submit the  
            plans to OSHPD for approval.

          4)Requires OSHPD, to the extent possible, to use information  
            technology to facilitate the performance of its duties and  
            allows OSHPD to permit electronic submission and approval of  
            plans.

          5)Establishes the California Public Records Act (PRA), which  
            requires each state or local agency to make public records  
            promptly available, at all times during office hours, to any  
            person, upon payment of fees covering direct costs of  
            duplication or a statutory fee if applicable.








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          6)Defines "public records," for purposes of the PRA, to include  
            any writing containing information relating to the conduct of  
            the public's business prepared, owned, used, or retained by  
            any state or local agency regardless of physical form or  
            characteristics.  Exempts certain types of records from  
            disclosure under the PRA.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           

          COMMENTS  :

           1)PURPOSE OF THIS BILL  .  According to the author, OSHPD's  
            Facilities Development Division (FDD) receives numerous  
            requests to have architectural plans in their office copied.   
            Plans can be thousands of pages and weigh hundreds of pounds.   
            To stay within its budget and to ensure FDD carries out its  
            primary mission, it is essential that costs are recovered for  
            the resources used.  This includes, but is not limited to,  
            staff time, computer time and programming, copying, and  
            shipping and handling costs.  Therefore, this bill allows  
            OSHPD to recover all its costs from such requests.

           2)BACKGROUND  .  According to OSHPD, between 2008 and 2013,  
            requests to copy hospital design plans at OSHPD increased by  
            400%.  OSHPD averages almost 170 hours and five full-time  
            equivalent staff per week to meet PRA requests to access  
            plans.  As of late April 2013, OSHPD had already received over  
            130 PRA requests related to health facility construction  
            plans, as compared to a total of 110 during all of 2012.

          According to OSHPD's guidelines for access to public records  
            under the PRA, in general, all public records are open to  
            inspection by any person on any state business day, unless the  
            records are exempt from disclosure pursuant to specific  
            provisions of law.  If there is any question as to whether the  
            requested records are "public records," or whether the records  
            are otherwise exempt from disclosure, OSHPD's legal staff will  
            review the records and make a determination.  With regard to  
            requests for copies of records, OSHPD will charge the  
            following duplicating costs:









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             a)   The fee for photocopying 8-1/2" x 11" or 8-1/2" x 14"  
               documents is $0.10 per page.  The costs for copying  
               oversized or odd-sized documents will be determined on a  
               case by case basis, and will be based on the actual cost to  
               OSHPD.  In some instances, OSHPD will require the requestor  
               to arrange and pay for a copy service to make copies at a  
               time mutually agreeable to OSHPD and the requestor;

             b)   The fee for computer data will be calculated on a case  
               by case basis.  It will be based on staff and processing  
               time, as well as a per page charge for printouts;

             c)   Any applicable statutory fees will be assessed; and,

             d)   If the records are mailed to the requestor, the  
               requester must pay the cost of postage.

            According to OSHPD, case law,  North County Parents  
            Organization for Children with Special Needs v. Department of  
            Education  , (1994) 23 Cal.App. 4th, 144, has limited direct  
            costs of duplication regarding staff time to only be the time  
            spent actively making the copies.  Staff time spent locating,  
            reviewing, and providing access to the documents is not  
            considered to be a direct cost of duplication.  

           3)SUPPORT  .  The California Hospital Association is the sponsor  
            of this bill and writes in support that FDD is responsible for  
            reviewing and approving hospital plans in a timely fashion.   
            Duties and functions that take time and resources away from  
            these responsibilities will slow plan review and,  
            subsequently, construction.  This bill will allow OSHPD to  
            charge the appropriate fee to replicate hospital plans as  
            requested.  In addition, this bill will allow FDD to charge  
            the appropriate expense incurred, without needing to pass  
            these costs on to hospitals and health facilities.
             
             The Association of California Healthcare Districts (ACHD) also  
            supports the bill stating, many District Hospitals are in the  
            midst of meeting the current Seismic Safety Act requirements.   
            ACHD believes this bill will protect construction plans of  
            hospitals when those plans are submitted to OSHPD.

           4)RELATED LEGISLATION  .

             a)   AB 1335 (Maienschein) is substantially similar to this  








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               bill and is pending in the Assembly Health Committee.

             b)   SCA 3 (Leno and Steinberg) places a measure on the  
               ballot to amend the California Constitution to require  
               local agencies to comply with the PRA and the Ralph M.  
               Brown Act, and any subsequent amendments that further the  
               constitutional provisions on public access to public agency  
               meetings and records.  SCA 3 exempts compliance with PRA  
               and the Brown Act from state mandate claims.  SCA 3 is  
               pending in the Assembly Local Government Committee.

           5)PRIOR LEGISLATION  .  AB 1381 (Bagley), Chapter 1473, Statutes  
            of 1968, creates the PRA which establishes standards for  
            public agencies' open and public meetings and public access to  
            the agencies' records.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California Hospital Association (sponsor)
          Association of California Healthcare Districts
           
            Opposition 
           
          None on file.

           Analysis Prepared by  :    Lara Flynn / HEALTH / (916) 319-2097