BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 289 
                                                                  Page  1

          Date of Hearing:   August 19, 2009 

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                   SB 289 (Ducheny) - As Amended:  April 23, 2009  

          Policy Committee:                              HealthVote:18-0 

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill requires hospitals that have requested an extension of  
          statutory seismic safety deadlines pursuant to SB 1661, Chapter  
          679, Statutes of 2006 to submit additional information by June  
          30, 2011 to the Office of Statewide Health Planning and  
          Development (OSHPD) and requires OSHPD to make this additional  
          data available on their website. The additional information  
          includes: 

          1)The number and service type of inpatient beds for building  
            planned for retrofit or replacement.  

          2)The dates a building will be removed from service and the  
            services currently provided. 

          3)The number of inpatient beds and patient days by type of  
            service for 2008, 2009, and 2010.  

          4)The net change in number of beds due to retrofit, replacement,  
            and removal from service.

           FISCAL EFFECT  

          No direct fiscal impact to OSHPD to continue oversight of  
          hospital seismic safety and post additional data items from  
          hospitals requesting an extension of seismic safety deadlines. 

           COMMENTS  
                               
           1)Rationale  . This bill is sponsored by the California Hospital  
            Association (CHA) and increases the specificity of information  
            available about hospitals seeking seismic safety extensions  








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            established by SB 1661. The author indicates this information  
            provides a statewide picture of patient care capacity and  
            allows communities to plan accordingly. According to the  
            sponsor, under current law the focus is largely on whether a  
            facility will meet deadlines, but not about alternate care  
            needs that may arise. 
           
           2)Seismic Safety Landscape  . Hospitals throughout California are  
            subject to statutory seismic requirements and face billions of  
            dollars of unfunded construction needs. According to OSHPD,  
            there is $10 billion in hospital planning and construction  
            currently underway statewide. According to a 2007 study by  
            RAND, total construction costs for California may range from  
            $45 billion to $110 billion in 2006 dollars. The actual costs  
            will depend on project size and duration, future inflation,  
            and construction costs. 

           3)Hospital Earthquake Risk  . Structural Performance Category-1  
            (SPC-1) hospital buildings pose a significant risk of collapse  
            and a danger to the public after a strong earthquake. The  
            lowest risk structure is an SPC-5. Under current law, SPC-1  
            buildings must have been retrofitted, replaced, or removed  
            from acute-care service by January 1, 2008, unless a hospital  
            has been granted an extension to 2013 or 2020. SB 1661  
            established eligibility for certain hospitals to receive an  
            extension to 2013 and SB 306 (Ducheny), Chapter 642, Statutes  
            of 2007 established processes for hospitals to receive the  
            extension to 2020.  According to estimates, about half of the  
            2,000 hospital buildings statewide had been previously  
            classified in the SPC-1 category and about half of SPC-1  
            buildings have not met or are unable meet 2008/2013 statutory  
            deadlines due to financial constraints. New risk  
            classifications are being produced related to a federal tool,  
            HAZUS.  

           4)Hazards United States  (HAZUS) is a standardized federal  
            earthquake loss methodology that relies on mathematical  
            modeling along with information about building stock, economic  
            data, local geology and location and size of potential  
            earthquakes to estimate losses due to seismic events.  
            California is in the process of implementing HAZUS and  
            adjusting SPC ratings, as appropriate. According to  
            preliminary data, more than half of the SPC-1 hospital  
            buildings statewide may be reclassified to SPC-2 buildings and  
            therefore subject to less stringent requirements and  








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            timelines. SPC-2 buildings do not significantly jeopardize  
            life but may not be repairable following a significant  
            earthquake and must be brought into seismic compliance by 2030  
            or removed from acute care service. Results of the HAZUS  
            reclassification as well as updates to SB 1661 and SB 306  
            extension eligibility are pending with additional information  
            being released in the coming weeks.  


           Analysis Prepared by  :    Mary Ader / APPR. / (916) 319-2081