BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 563
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          SENATE THIRD READING
          SB 563 (Galgiani)
          As Amended August 5, 2013
          Majority vote

           SENATE VOTE  :34-0  
           
           HEALTH              18-0        APPROPRIATIONS      16-0        
           
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          |Ayes:|Pan, Ammiano, Atkins,     |Ayes:|Gatto, Harkey, Bigelow,   |
          |     |Bonilla, Bonta, Chesbro,  |     |Bocanegra, Bradford, Ian  |
          |     |Gomez,                    |     |Calderon, Campos, Eggman, |
          |     |Roger Hernández,          |     |Gomez, Hall, Holden,      |
          |     |Lowenthal, Maienschein,   |     |Linder, Pan, Quirk,       |
          |     |Mansoor, Mitchell,        |     |Wagner, Weber             |
          |     |Nazarian, Nestande,       |     |                          |
          |     |V. Manuel Pérez, Wagner,  |     |                          |
          |     |Wieckowski, Wilk          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
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           SUMMARY  :  Requires the person or entity requesting a copy of a  
          construction document maintained by the Office of State Health  
          Planning and Development (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.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, an estimated $230,000 annually would be collected  
          from persons requesting copies and deposited into the Hospital  
          Building Fund, to recover currently uncompensated staff time  
          costs for copy services.  This workload is currently funded out  
          of fees paid by hospitals into the Hospital Building Fund.
           
          COMMENTS  :  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  
          budget and ensure FDD carries out its primary mission, it is  
          essential that costs are recovered for resources used.  This  








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          includes, but is not limited to, staff and computer time and  
          programming, copying, and shipping and handling costs.   
          Therefore, this bill allows OSHPD to recover all its costs from  
          such requests.

          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 Public Record Act (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:

          1)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;

          2)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;

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

          4)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  








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          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.  

          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 Alfred E. Alquist Hospital  
          Facilities Seismic Safety Act of 1983 requirements.  ACHD  
          believes this bill will protect construction plans of hospitals  
          when those plans are submitted to OSHPD.


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


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