BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  May 4, 2016 


                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT


                           Susan Talamantes Eggman, Chair


          AB 2471  
          (Quirk) - As Introduced February 19, 2016


          SUBJECT:  Health care districts:  dissolution.


          SUMMARY:  Requires a local agency formation commission (LAFCO)  
          to order the dissolution of a healthcare district without an  
          election, if the healthcare district meets specified criteria.   
          Specifically, this bill:  


          1)Requires a LAFCO to order the dissolution of a healthcare  
            district without an election, if the healthcare district meets  
            all of the following criteria:


             a)   The healthcare district does not currently receive a  
               property tax allocation;  


             b)   The healthcare district has substantial net assets; and,


             c)   The healthcare district does not provide a direct  
               healthcare service.  


          2)Requires the dissolution, if a LAFCO orders the dissolution of  








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            a healthcare district subject to 1) above, to be subject to  
            the provisions for winding up the affairs of a dissolved  
            district, pursuant to existing law.  


          3)Provides the following definitions:


             a)   "Direct healthcare service" to mean the ownership or  
               operation of a hospital, medical clinic, wellness center,  
               or ambulance service.  


             b)   "LAFCO" to mean the commission in whose sphere of  
               influence the healthcare district exists.  


          EXISTING LAW:   


          1)Establishes the procedures for the organization and  
            reorganization of cities, counties, and special districts  
            under the Cortese-Knox-Hertzberg Local Reorganization Act of  
            2000 (Act).


          2)Defines "dissolution" to mean the dissolution,  
            disincorporation, extinguishment, and termination of the  
            existence of a district and the cessation of all its corporate  
            powers, except as the LAFCO may otherwise provide, pursuant to  
            existing law, or for the purpose of winding up the affairs of  
            the district.  


          3)Defines "sphere of influence" to mean a plan for the probable  
            physical boundaries and service area of a local agency, as  
            determined by LAFCO.  










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          4)Provides any resolution adopted by LAFCO on or after January  
            1, 1986, ordering the dissolution of a healthcare district is  
            subject to confirmation by the voters.  


          FISCAL EFFECT:  None


          COMMENTS:   


          1)Healthcare Districts.  Near the end of World War II,  
            California faced a severe shortage of hospital beds.  To  
            respond to the inadequacy of acute care services in the  
            non-urban areas of the state, the Legislature enacted the  
            Local Hospital District Law, with the intent to give rural,  
            low-income areas without ready access to hospital facilities,  
            a source of tax dollars that could be used to construct and  
            operate community hospitals and health care institutions in  
            medically underserved areas, to recruit physicians and support  
            their practices.  The Local Hospital District Law (now called  
            the Local Health Care District Law) allowed communities to  
            create a new governmental entity, independent of local and  
            county jurisdictions that had the power to impose property  
            taxes, enter into contracts, purchase property, issue debt,  
            and hire staff.  In general, the process of creating a  
            hospital district started with citizens in a community  
            identifying the need for improved access to medical care.  



            According to the Association of California Healthcare  
            Districts, there are currently 78 districts, of which three  
            have stand-alone skilled nursing facilities; 54 are rural; 34  
            hospitals, 20 of which are critical access; and, five have  
            stand-alone clinics.  These institutions provide a significant  
            portion of the medical care to minority populations and the  
            uninsured in medically underserved regions of the state and  
            are mainly funded by Medicare, Medi-Cal, and district tax  








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            dollars.  


          2)LAFCOs and District Dissolution.  LAFCOs are responsible for  
            coordinating logical and timely changes in local governmental  
            boundaries, conducting special studies that review ways to  
            reorganize, simplify, and streamline governmental structures,  
            and preparing a sphere of influence for each city and special  
            district within each county.  The courts refer to LAFCOs as  
            the Legislature's "watchdog" over local boundary changes.  The  
            Act establishes procedures for local government changes of  
            organization, including special district dissolution.  LAFCOs  
            regulate boundary changes through the approval or denial of  
            proposals by other public agencies or individuals for these  
            procedures.  



            The Act prescribes a process for the dissolution of special  
            districts, which is similar to most boundary changes that  
            require numerous steps: a) Initiation of LAFCO process, by  
            petition 


            of property owners or registered voters in the district or  
            resolution of an affected agency; 
            b) Noticed public hearing, testimony, and approval or  
            disapproval by LAFCO; c) Additional public hearing for  
            protests and in specified cases LAFCO must order an election  
            on the proposed dissolution; d) Dissolution election, if  
            required, among district's voters, which requires a majority  
            vote approval; and, e) LAFCO staff files documents to complete  
            the dissolution.  
            AB 912 (Gordon), Chapter 109, Statutes of 2011, created an  
            expedited process for the dissolution of special districts.   
            Under this expedited process, if the proposed dissolution is  
            initiated by the special district's board and dissolution is  
            consistent with a prior action of LAFCO regarding a special  
            study, sphere of influence, or municipal service review, LAFCO  








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            can order dissolution without protest or election.  If the  
            dissolution was initiated by an affected local agency, LAFCO,  
            or petition, LAFCO must hold a public hearing to consider  
            protest, and if there is no majority protest LAFCO, must order  
            the dissolution without an election.  Existing law also  
            requires that a resolution adopted by LAFCO ordering the  
            dissolution of a healthcare district to be subject to  
            confirmation by the voters.  Due to this provision and the  
            expedited dissolution process put in place by AB 912, there is  
            some ambiguity in existing law about a LAFCO's ability to  
            order the dissolution of a healthcare district without an  
            election.  


          3)Bill Summary.  This bill requires a LAFCO to order the  
            dissolution of a healthcare district without an election, if  
            the healthcare district meets specified criteria.  The  
            criteria established by this bill would require the  
            dissolution of a healthcare district that a) does not  
            currently receive property tax; b) has substantial net assets;  
            and, c) does not own or operate a hospital, medical clinic,  
            wellness center, or ambulance service.  The criteria  
            established by this bill only currently apply to one district  
            - Eden Township Healthcare District (District).  This bill is  
            sponsored by Alameda County.  



          4)Author's Statement.  According to the author, "With the right  
            focus of delivering direct health services and/or providing  
            substantial financial support to various healthcare providers  
            and organizations in a community, healthcare districts have  
            the potential to improve and promote the health status of  
            underserved communities.  Yet, there are significant  
            variations in the way healthcare districts operate and the  
            rules that govern them.  Due to this, many healthcare  
            districts still exist that no longer own a hospital or provide  
            any direct healthcare services to the community and therefore,  
            may not be fulfilling their original intent and commitment to  








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            the residents of the district.  



            "For example, in Alameda County, Eden Township Healthcare  
            District (ETHD) does not provide any direct healthcare  
            services.  Their revenue source is mostly derived from  
            commercial property rental income which, along with cash and  
            securities, has a net value of $45.6 million.  In 2015, ETHD  
            spent 85% of its budget on administrative expenditures, such  
            as salaries, benefits, utilities and other professional  
            services, while only disbursing 15% of their budget on grants  
            to service providers and sponsorships.  Furthermore, ETHD pays  
            less than half of 1% of its annual net assets towards  
            charitable activities.  AB 2471 will order the dissolution of  
            a health care district without an election when it meets all  
            of the following criteria...  Currently ETHD in Alameda County  
            is the only healthcare district that meets these criteria."  





          5)Eden Township Healthcare District.  According to Alameda  
            County Local Agency Formation Commission's (LAFCO) 2012  
            municipal service review (MSR), the District was established  
            by the voters in 1948 to finance construction of Eden  
            Hospital, which opened in 1954.  In 1998, the District  
            transferred all of the net operating assets and operations of  
            the hospital to Sutter Health.  In 2004, the District  
            purchased San Leandro Hospital and leased it to Sutter Health.  
             In order to comply with seismic safety laws, the District  
            entered into an agreement with Sutter Health to replace Eden  
            Medical Center.  The agreement also gave Sutter the option to  
            purchase San Leandro Hospital.  On December 21, 2011, an  
            appellate court ruled in favor of Sutter in litigation over  
            the terms of the 2008 agreement.  On October 31, 2013, Sutter  
            transferred San Leandro Hospital to the Alameda Health System,  
            the public health authority that operates Alameda County's  








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            health care system.  



            Currently, the District provides grant funding to  
            health-related organizations through a Community Health Fund  
            and owns three office buildings, where it leases office space  
            to healthcare providers.  The District does not receive any  
            property tax, special tax, or benefit assessments.  The main  
            source of revenue is rental income.  The District consists of  
            130 square miles and includes the City of San Leandro, most of  
            the City of Hayward, and the unincorporated areas of Castro  
            Valley and San Lorenzo, and is governed by a five-member board  
            of directors elected to four-year terms.  





            Alameda LAFCO's MSR identified three governance structure  
            options for the District:  


            a) Annexation of the City of Dublin by the District; b)  
            dissolution; or, c) consolidation with Washington Township  
            Healthcare District.  The MSR found that while the District no  
            longer owns and operates a hospital, it is premature to  
            dissolve the District, pointing to the grant funding, leased  
            office space, and an indication from the District of their  
            willingness to provide direct services in the future.  





          6)Controversy and Subsequent Legislation.  Recent controversy  
            surrounding several healthcare districts has brought greater  
            media and legislative scrutiny on several issues, including  
            their fiscal management.  The Assembly Committee on  








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            Accountability and Administrative Review conducted several  
            hearings regarding healthcare districts, and focused  
            specifically on healthcare districts that do not operate  
            hospitals.  Additionally, the Legislative Analyst Office (LAO)  
            produced a report entitled, "Overview of Health Care  
            Districts", in April 2012 in response to several healthcare  
            districts that have declared bankruptcy since 2000.  There  
            have also been concerns regarding districts maintaining  
            reserve balances in the tens of millions of dollars.  For  
            example, Peninsula Health Care District and Beach Cities  
            Health District have each reported over $45 million in  
            unrestricted net assets (reserves) at the end of June 2011.  



            Additionally, according to the LAO report, several LAFCOs have  
            considered dissolving districts.  Five districts have been  
            dissolved or otherwise reorganized since 2000.  Since that  
            time, the Contra Costa County LAFCO consolidated Mount Diablo  
            Healthcare District into the City of Concord.  The Mount  
            Diablo Healthcare District did not operate a hospital and  
            similar concerns were expressed about the amount of revenue  
            spent on administrative costs, instead of on grant funding for  
            community health needs.  Contra Costa LAFCO is currently  
            undertaking a special study to examine governance options,  
            including dissolution, for West Contra Costa Healthcare  
            District.  Sonoma LAFCO is also in receipt of an application  
            to begin the dissolution process for a healthcare district.  





            A Bureau of State Audits' (BSA) audit of Salinas Valley  
            Memorial Health Care System found that the District's Board  
            violated open meeting laws to grant overly generous  
            compensation, retirement, and benefits to the chief executive  
            officer.  This Committee heard several bills addressing the  
            employment contract between a healthcare district and hospital  








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            administrator, including AB 2115 (Alejo) of 2012; AB 2180  
            (Alejo), Chapter 322, Statutes 


            of 2012; and, AB 130 (Alejo), Chapter 92, Statutes of 2013.  





            AB 2418 (Gordon and Dickinson) of 2012 would have required  
            healthcare districts to expend 95% of any property tax revenue  
            on current community healthcare benefits.  


          7)Prior Bills that Established a Modified LAFCO Process.  In the  
            past several years, the Legislature has established a modified  
            LAFCO process or exempted specified requirements in the LAFCO  
            process for the formation and consolidation of several special  
            districts following a history of failed attempts at the local  
            level including, AB 2453 (Achadjian), Chapter 350, Statutes of  
            2014, for the creation of the Paso Robles Water District; AB 3  
            (Williams), Chapter 548, Statutes of 2015, for the formation  
            of the Isla Vista Community Services District; and, AB 1232  
            (Huffman), Chapter 518, Statutes of 2010, for the  
            consolidation of the Sewerage Agency of Southern Marin and its  
            member districts, after notice and hearing, but without  
            protest hearings.  


          8)Related Legislation.  AB 72 (Bonta) of 2015, on the Senate  
            Inactive File, would have authorized the District, until  
            January 1, 2026, to impose special taxes within the District,  
            subject to the approval of two-thirds of the District's  
            voters.  


            AB 2737 (Bonta), pending in the Assembly Appropriations  
            Committee, would require specified healthcare districts to  








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            spend at least 80% of their annual budget on community grants  
            awarded to organizations that provide direct health services,  
            and would prohibit more than 20% of their annual budget to be  
            spent on administrative expenses.  The parameters of AB 2737  
            were also established to address the District.  


          9)Policy Considerations.  The Committee may wish to consider the  
            following:


             a)   Limiting LAFCO Powers.  The Legislature has delegated  
               the power to control local boundaries to the 58 LAFCOs.   
               This bill bypasses LAFCO, and does not require the usual  
               dissolution process to occur.  This Committee has seen an  
               increasing number of bills seeking to bypass the LAFCO  
               process, therefore, the Committee may wish to consider if  
               this bill is going against prior directives from the  
               Legislature that designated fundamental powers to LAFCOs to  
               make these types of decisions.  The Committee may wish to  
               ask the author why the current LAFCO process is not a  
               viable option for the dissolution of the District and why  
               this bill is necessary.  
          


          Opposition argues that this bill disregards prior actions taken  
          by Alameda LAFCO pertaining to the District.  Alameda LAFCO  
          determined the District still has an indirect role in the  
          provision of healthcare services within its existing boundaries.  
           If the author does not agree with prior LAFCO actions or  
          determinations regarding the District, the Committee may wish to  
          consider if the LAFCO should be reexamined and altered as  
          opposed to eliminating LAFCOs discretion outright.  


             b)   Voter Involvement.  The dissolution process under LAFCO  
               contains a number of required steps that allow for public  
               involvement.  For example, the voters have the opportunity  








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               to weigh in at a publicly noticed hearing, register their  
               protest, and when enough protest is received, vote in an  
               election.  The Committee may wish to consider that this  
               bill denies the voters the opportunity to weigh in on the  
               dissolution of a district that was created by the voters.


             c)   Statewide Approach.  The Committee may wish to consider,  
               while the criteria established by the bill is aimed at Eden  
               Township Healthcare District, this bill applies statewide  
               to any healthcare district that fits the criteria  
               established by this bill.  Because this bill prevents LAFCO  
               and the public from weighing in on the question of  
               dissolution, the Committee may wish to consider if  
               statewide application is appropriate.  


             d)   Healthcare Districts and LAFCO.  The relationship  
               between LAFCOs and healthcare districts is unique in  
               comparison to other special districts.  The Local  
               Healthcare District Law and the formation of some  
               healthcare districts predate the Knox Nisbet Act, which  
               created LAFCOs and formalized the process for establishing  
               a hospital district.  Due to the unique nature of  
               healthcare services and the long history of healthcare  
               district's principal act, the Committee may wish to  
               consider if there is a need to more clearly define the  
               relationship between LAFCOs and healthcare districts, and  
               undertake a closer examination of healthcare districts'  
               service boundaries, the process of dissolution for  
               healthcare districts, and the considerations LAFCOs are  
               required to make when doing an MSR and determining the  
               sphere of influence for healthcare districts.  


             e)   Definitions.  Local agencies, not LAFCOs, have a sphere  
               of influence; therefore, the Committee may wish to  
               encourage the author to correct the definition in the bill  
               for LAFCOs.  Further, opposition argues that the bill does  








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               not define "substantial net assets" and leaves open the  
               opportunity for wide interpretation.  


          10)Committee Amendments.  In light of the considerations raised  
            above, the Committee may wish to ask the author to take the  
            following amendments:  


             a)   Narrow the scope of the bill down to Eden Township  
               Healthcare District.  


             b)   Specify that the bill's provisions apply to Alameda  
               LAFCO to order the dissolution of Eden Township Healthcare  
               District if specified criteria in the bill are met.  


             c)   Require Alameda LAFCO to review compliance with AB 2737  
               (Bonta) and with all criteria in the bill. 


             d)   Add to the list of criteria that the District does not  
               comply with AB 2737 (Bonta).  


             e)   Insert the expedited dissolution process pursuant to AB  
               912 (Gordon), if the criteria established by the bill are  
               met, which would require Alameda LAFCO to hold at least one  
               noticed public hearing, and after conducting protest  
               proceedings, order an election only if majority protest is  
               registered.  


          11)Arguments in Support.  Supporters argue that the criteria for  
            dissolution included in 


          AB 2471 will dissolve healthcare districts in California that  








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            are no longer serving their original purpose when approved by  
            the voters of the district.  Supporters argue that this bill  
            is very narrow, and therefore, would not affect the vast  
            majority of healthcare districts in California who are  
            continuing to service their communities, as promised.  
          12)Arguments in Opposition.  Opposition argues that the existing  
            local process should be fully utilized before resorting to  
            state action.  Opposition suggests amendments to address the  
            process of dissolving a healthcare district without voter  
            approval, but incorporates a local LAFCO process that provides  
            an opportunity for community input.  




































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          REGISTERED SUPPORT / OPPOSITION:




          Support


          Alameda County [SPONSOR]




          Opposition


          Alameda Local Agency Formation Commission


          Association of California Healthcare Districts (unless amended)


          California Association of Local Agency Formation Commissions  
          (unless amended)




          Analysis Prepared by:Misa Lennox / L. GOV. / (916) 319-3958
       










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