Amended in Assembly April 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2414

Introduced by Assembly Member Eduardo Garcia

February 19, 2016

An act to add Chapter 8 (commencing with Section 32494) to Division 23 of the Health and Safety Code, relating to health care begin delete districts, and declaring the urgency thereof, to take effect immediately. end delete begin insert districts. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2414, as amended, Eduardo Garcia. Desert Healthcare District.

Existing law, the Local Health Care District Law, authorizes the organization and incorporation of local health care districts and specifies the powers of those districts, including, among other things, the power to establish, maintain, and operate, or provide assistance in the operation of, one or more health facilities or health services, including, but not limited to, outpatient programs, services, and facilities; retirement programs, services, and facilities; chemical dependency programs, services, and facilities; or other health care programs, services, and facilities and activities at any location within or without the district for the benefit of the district and the people served by the district.

This bill would authorize the expansion of the Desert Healthcare District to include the eastern Coachella Valley region by requiring the Board of Supervisors of the County of Riverside to submit a resolution of application to the Riverside County Local Agency Formation Commission, and, upon direction by the commission, to place approval of district expansion on the ballot at the next countywide election following the completion of begin delete the review by the commission. The bill would require the review by the commission to include an analysis of funding sources available to the district and a recommendation of the district’s boundaries, as specified. end delete begin insert commission proceedings, including a public hearing. end insert The bill would provide for expansion of the district upon voter approval, if a funding source sufficient to support the operations of the expanded district begin delete is identified and, end delete begin insert is, end insert if required, approved, as specified. The bill would require the board of directors of the district, following expansion, to adopt a resolution to increase the number of members of the district’s board of directors from 5 to 7, and to appoint 2 members who are residents of the territory annexed by the district to fill the vacant positions, as specified. By imposing new duties on the County of Riverside, the bill would impose a state-mandated local program.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Coachella Valley region of Riverside County.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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This bill would declare that it is to take effect immediately as an urgency statute.

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Vote:  begin delete ²⁄₃ end delete begin insert majority end insert . Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Chapter 8 (commencing with Section 32494) is
added to Division 23 of the Health and Safety Code, to read:

 

Chapter  8. Desert Healthcare District Reorganization

 

32494.  

(a)  begin delete Notwithstanding Chapter 1 of this division, the end delete begin insert The end insert
Desert Healthcare District may be expanded in accordance with
this chapter. All other provisions of this division shall apply to the
Desert Healthcare District following its reorganization, except as
provided in this chapter.

(b) (1) On or before begin delete 15 days after the effective date of the act
that added this chapter, end delete begin insert January 5, 2017, end insert the Board of Supervisors
of the County of Riverside shall file a resolution of application
with the Riverside County Local Agency Formation Commission,
pursuant to subdivision (a) of Section 56654 of the Government
Code, to initiate begin delete a comprehensive review and recommendation end delete
begin insert proceedings end insert by the Riverside County Local Agency Formation
Commission for the purpose of expanding the Desert Healthcare
District to include the East Coachella Valley region. begin insert The expanded
district shall include all communities served by the Desert
Healthcare District as of the date of the filing of the resolution of
application, and shall also include, but not be limited to, the
communities of Indian Wells, La Quinta, Indio, and Coachella,
and the unincorporated areas of Bermuda Dunes, Mecca, Thermal,
Oasis, North Shore, and Vista Santa Rosa. The resolution of
application shall comply with Section 56652 of the Government
Code and shall specify the source of funding for the expanded
district. end insert The board of supervisors shall pay any fees associated
with the resolution of application.

(2)  begin delete In connection with the review and recommendation described
in paragraph (1), the end delete begin insert The end insert Riverside County Local Agency
Formation Commission begin delete shall, in consultation with the Board of
Supervisors of the County of Riverside, the Board of Directors of
the Desert Healthcare District, the Auditor-Controller of the County
of Riverside, local entities affected by the expansion, and other
relevant stakeholders, conduct and complete an analysis of the
funding sources available to the expanded district. The financial
analysis completed pursuant to this paragraph shall not be binding
with respect to the final funding allocated to the district if it is
expanded pursuant to this chapter. end delete begin insert proceeding shall be deemed
initiated on the date the resolution of application is accepted for
filing. Subsequent to initiation of the proceeding, the commission
shall hold a hearing pursuant to Section 56666 of the Government
Code. The commission shall comply with the notice requirements
of Sections 56660 and 56661 of the Government Code in
connection with the hearing. end insert

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(3) The review and recommendation of the Riverside County
Local Agency Formation Commission shall include a
recommendation of the boundaries of the expanded district. The
expanded district shall include all communities served by the
Desert Healthcare District as of the date of the filing of the
resolution of application, and shall also include, but not be limited
to, the communities of Indian Wells, La Quinta, Indio, and
Coachella and the unincorporated areas of Bermuda Dunes, Mecca,
Thermal, Oasis, North Shore, and Vista Santa Rosa.

end delete begin delete

(4)

end delete

begin insert (3) end insert  The Riverside County Local Agency Formation Commission
shall complete begin delete the review on or before August 1, 2016. end delete begin insert its
proceedings and direct the election required by paragraph (2) of
subdivision (c) no later than 150 days following receipt of the
completed resolution of application. end insert Notwithstanding any other
law, the Riverside County Local Agency Formation Commission
shall not have the power to disapprove the resolution of application.

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(5)

end delete

begin insert (4) end insert  Notwithstanding any other law, the resolution of application
filed by the board of supervisors pursuant to this subdivision shall
not be subject to any protest proceedings.

(c) (1)  begin delete If a funding source sufficient to support the operations
of the expanded district is identified, the end delete begin insert The end insert Riverside County
Local Agency Formation Commission shall order the expansion
of the district subject to a vote of the registered voters residing
within the begin delete boundaries of the proposed expanded district end delete begin insert territory
to be annexed end insert at an election following the completion of begin delete the review end delete
begin insert proceedings end insert pursuant to subdivision (b).

(2) The Riverside County Local Agency Formation Commission
shall direct the board of supervisors to direct county officials to
conduct the necessary election for approval of district expansion
by placing approval of district begin delete expansion end delete begin insert expansion, pursuant to
subdivision (d) of Section 57118 of the Government Code, end insert and
approval of any necessary funding source for the expanded district
that requires voter approval on the ballot at the next countywide
election.

(3) If a majority of the voters within the begin delete boundaries of the
expanded district end delete begin insert territory ordered to be annexed end insert vote in favor of
the expanded district and if a number of voters required under
applicable law to approve any necessary funding source that
requires voter approval vote in favor of that funding source, the
district shall be expanded in accordance with this chapter.

(d) The Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000 (Division 3 (commencing with Section
56000) of Title 5 of the Government Code) shall not apply to the
expansion of the district pursuant to subdivisions (b) and (c), except
as specified in this part. The act shall apply to any other change
of organization or reorganization as defined in that act, following
the reorganization of the district pursuant to this section.

(e) As used in this chapter, “district” means the Desert
Healthcare District.

32496.  

(a)  begin delete No later than December 1, 2016, end delete begin insert Thirty days after
the expansion of the district, end insert and notwithstanding Sections
32100.01 and 32100.02, the Board of Directors of the Desert
Healthcare District shall adopt a resolution to increase the number
of members of its board of directors from five to seven without
the necessity of a petition or approval thereof by voters residing
within the district. The resolution shall become effective on the
date of, and subject to any conditions specified in, the resolution.

(b) The additional vacancies created by the expansion shall be
filled by appointment by the board of directors. A person appointed
to fill a vacancy created by subdivision (a) shall be a registered
voter and a resident of the territory annexed by the district pursuant
to Section 32494.

(c) Upon appointment, the board shall, by lot, designate one
member appointed pursuant to subdivision (a) who shall leave
office when his or her successor takes office pursuant to Section
10554 of the Elections Code, and one member appointed pursuant
to subdivision (a) who shall leave office two years thereafter.

(d) A vacancy in one or both of the board positions created by
subdivision (a) after the first appointments to those positions
pursuant to subdivision (b) shall be filled by the methods prescribed
in Section 1780 of the Government Code.

(e) This section shall only become operative if the Desert
Healthcare District is expanded in accordance with Section 32494.

SEC. 2.  

The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the unique community needs in Riverside
County that would be served by the expansion of the Desert
Healthcare District to include the entire Coachella Valley region,
including limited access in the eastern Coachella Valley to health
care services by an underserved population that suffers from a
higher than average prevalence of preventable disease.

SEC. 3.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

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SEC. 4.  

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

In order to improve the provision of health care services and
access to health care services by residents of the Coachella Valley
region as soon as possible, it is necessary that this act take effect
immediately.

end delete