BILL NUMBER: AB 2512 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 27, 2010
AMENDED IN ASSEMBLY APRIL 12, 2010
INTRODUCED BY Assembly Member Blumenfield
FEBRUARY 19, 2010
An act to amend Section 127045 of , and to add Section
130061.6 to, the Health and Safety Code, relating to
seismic safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 2512, as amended, Blumenfield. Seismic safety: Office of
Statewide Health Planning and Development and
Development: health facilities.
(1) Existing
Existing law establishes the Office of Statewide Health
Planning and Development within the California Health and Human
Services Agency and vests various functions with the office,
including, among other things, the maintenance of the Health
Professions Career Opportunity Program, establishing a contract
program for funding certain allied health manpower training projects,
and establishing a health care workforce clearinghouse.
Existing law authorizes the office to enter into agreements and
contracts with any person, department, agency, corporation, or legal
entity that are necessary to carry out specified functions vested in
the office.
Existing law, the Alfred E. Alquist Hospital Facilities Seismic
Safety Act of 1983, establishes, under the jurisdiction of the
office, a program of seismic safety building standards for certain
hospitals constructed on and after March 7, 1973. Existing law
requires the office to assess an application fee for the review of
facilities design and construction, and requires that full and
complete plans be submitted to the office for review and approval.
This bill would authorize the office to enter into agreements and
contracts that are necessary to carry out various duties regarding
the above-described seismic safety building standards program.
(2) Existing law requires that, after January 1, 2008, any general
acute care hospital building that is determined to be a potential
risk of collapse or pose significant loss of life be used only for
nonacute care hospital purposes, except that the office may grant a
5-year extension under prescribed circumstances. Existing law also
allows the office to grant an additional extension to the January
2008 deadline for certain general acute care hospital buildings owned
or operated by a county, city, or county and city that has requested
an extension of this deadline by January 1, 2009, if specified
conditions are met, including a requirement that the hospital owner
submit, by January 1, 2010, a facility master plan with prescribed
information for specified buildings that the hospital intends to
replace by a specified date.
This bill would extend until June 30, 2011, the above-described
January 1, 2009, deadline for requesting the January 1, 2008,
deadline extension to a hospital owned or operated by a nonprofit
organization that exclusively provides pediatric care at no cost to
the patient, meeting all of the specified conditions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 127045 of the Health and Safety Code is amended
to read:
127045. The office may enter into agreements and contracts with
any person, department, agency, corporation, or legal entity that are
necessary to carry out the functions vested in the office by this
chapter, Article 1 (commencing with Section 127875), Article 2
(commencing with Section 127900), Article 5 (commencing with Section
128050) of Chapter 2, Article 2 (commencing with Section 128375),
Article 3 (commencing with Section 128425) of Chapter 5 of Part 3,
and Article 3 (commencing with Section 129750) of Chapter 1 of Part
7.
SEC. 2. It is the intent of the Legislature to
create a mechanism that will allow a hospital to meet seismic safety
requirements in new facilities and provide state agencies and the
public with more timely and detailed information about the progress
the hospital is making toward seismic safety compliance.
SEC. 3. Section 130061.6 is added to the Health
and Safety Code, to read:
130061.6. (a) The office may also approve an extension of the
deadline described in subdivision (a) or (b) of Section 130060 for a
general acute care hospital building that is classified as a
nonconforming SPC-1 building and is owned or operated by a nonprofit
organization that exclusively provides pediatric care at no cost to
the patient and is located in a city with a population greater than
three million persons that has requested an extension of this
deadline by June 30, 2011, if the owner or operator files a
declaration with the office stating that as of the date of the
filing, the owner lacks the ability to meet the requirements of
subdivision (a) of Section 130060 for that building pursuant to
subparagraph (B) of paragraph (3) of subdivision (b) of Section
130060, the owner or operator is negotiating an agreement with a city
or county to purchase or lease public land that meets the
requirements to relocate to a compliant SPC-5 and NPC-4 or NPC-3
building that is constructed on or after January 1, 2011, and that
the owner is committed to replacing that building by January 1, 2020,
with other buildings on the public land that meet the requirements
of Section 130065.
(b) Approval of the extension shall be subject to compliance with
all of the following conditions:
(1) The hospital owner submits by January 1, 2012, a facility
master plan for all buildings that are subject to subdivision (a) of
Section 130060 that the hospital intends to replace by January 1,
2020. The facility master plan shall identify at least all of the
following:
(A) A description of each building that is subject to subdivision
(a) of Section 130060.
(B) The plan to replace the building with one or more buildings
that comply with Section 130065.
(C) The building to be removed from acute care service and the
projected date of that action.
(D) The location of any new building or buildings to replace the
building described in subparagraph (C).
(E) A copy of the preliminary design for the new building or
buildings.
(F) The number of beds available for acute care use in each new
building.
(G) The timeline for completed plan submission.
(H) The proposed construction timeline.
(I) The proposed cost at the time of submission.
(J) A copy of any record of the hospital governing board's
approval of the master plan.
(2) By January 1, 2015, the hospital owner submits to the office a
building plan that is deemed ready for review by the office, for
each building or for review by a qualified inspector retained by the
applicant at its own cost.
(3) By January 1, 2016, the hospital owner receives a building
permit to begin construction for each building that the owner intends
to replace pursuant to the master plan.
(4) Within six months of receipt of the building permit, the
hospital owner provides the office with a construction timeline that
identifies at least all of the following:
(A) A description of each building that is subject to subdivision
(a) of Section 130060.
(B) The project number or numbers for replacement of each
building.
(C) The projected construction start date or dates and projected
construction completion date or dates.
(D) The building or buildings to be removed from acute care.
(E) The estimated cost of construction.
(F) The name of the contractor.
(5) By January 1, 2017, and every six months thereafter, the
hospital owner shall report to the office on the status of the
project, including any delays or circumstances that could materially
affect the estimated completion date.
(6) The hospital owner pays to the office an additional fee, to be
determined by the office, sufficient to cover the additional cost
incurred by the office for maintaining all reporting requirements
established under this section, including, but not limited to, the
costs of reviewing and verifying the financial information submitted
pursuant to this section. This additional fee shall not include any
cost for review of the plans or other duties related to receiving a
building or occupancy permit.