BILL ANALYSIS
AB 523
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 523 (Huffman)
As Amended July 15, 2009
2/3 vote. Urgency
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|ASSEMBLY: |78-0 |(May 11, 2009) |SENATE: |38-0 |(August 27, |
| | | | | |2009) |
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Original Committee Reference: HEALTH
SUMMARY : Permits the Office of Statewide Health Planning and
Development (OSHPD) to grant the Marin Healthcare District a
two-year extension to the current 2013 seismic safety deadline
to retrofit or rebuild hospital buildings at risk of collapse in
an earthquake (so-called Structural Performance Category-1, or
SPC-1 buildings). Contains an urgency clause to ensure that the
provisions of this bill go into immediate effect upon enactment.
The Senate amendments :
1)Permit OSHPD to grant an additional two-year extension if the
hospital building subject to the extension meets all of the
following additional criteria:
a) The hospital building plans were submitted to OSHPD and
were deemed ready for review by OSHPD at least four years
prior to the applicable deadline for the building.
Requires the hospital to indicate, upon submission of its
plans, the SPC-1 building or buildings that will be
retrofitted or replaced to meet the seismic deadline as a
result of the project;
b) The hospital received a building permit for the
construction described in 1) a) above by December 31, 2011;
c) The hospital building is under construction at the time
of the request for the extension, the purpose of the
construction is to meet the requirements of seismic safety
deadlines to allow the use of the building as a general
acute care hospital building after the extension deadline
granted by OSHPD, and the hospital is making reasonable
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progress toward meeting the timeline set forth in 1) d)
below; and,
d) The hospital submitted a construction timeline for the
building by December 31, 2011, demonstrating the hospital's
intent and ability to meet the new December 31, 2014
deadline. The timeline must include the following:
i) The projected construction start date;
ii) The projected construction completion date; and,
iii) Identification of the contractor.
2)Delete a March 1, 2010 deadline for the health care district
to request an extension.
3)Require the hospital granted an extension in this bill to
submit an additional status report to OSHPD no later than June
30, 2013.
4)State legislative intent to provide a one-time extension to
address the unique needs of Marin General Hospital and to
affirm statutory hospital seismic deadlines.
5)Make non-substantive technical changes.
EXISTING LAW :
1)Establishes and grants OSHPD approval authority over the
construction of health care facilities.
2)Establishes the Alfred E. Alquist Hospital Facilities Seismic
Safety Act, and its amendments, which require:
a) After January 1, 2008, any general acute care hospital
building that is determined to be a potential risk for
collapse or significant loss of life to only be used for
nonacute care hospital purposes. Authorizes a delay to be
granted by OSHPD upon a demonstration that compliance will
result in a loss of health care capacity;
b) OSHPD to authorize extensions to the deadline described
in 2) a) above if the hospital agrees that by January 1,
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2013, designated services will be provided by moving into
an existing conforming building, relocating to a
newly-built building, or continuing in the retrofitted
building, as specified, and permits an additional two-year
extension under certain circumstances;
c) OSHPD to authorize extensions to the deadline described
in 2 a) and b) above to the year 2020, if the hospital
lacks financial capacity to comply with the law and is
either owned or operated by a city, county, or county and
city or meets specified criteria regarding Medi-Cal
services and patients, emergency services, and medically
underserved areas;
d) No later than January 1, 2030, owners of all acute care
inpatient hospitals to demolish, replace, or change
non-acute care use of all hospital buildings not in
substantial compliance, and to seismically retrofit all
acute care inpatient hospital buildings so that they are in
substantial compliance; and,
e) Any hospital eligible for an extension described in 2)
a) and b) above to meet the January 1, 2030 deadline.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
Analysis Prepared by : Joyce Iseri / HEALTH / (916) 319-2097
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