BILL ANALYSIS
SB 769
Page 1
SENATE THIRD READING
SB 769 (Alquist)
As Amended August 16, 2010
2/3 vote. Urgency
SENATE VOTE :Vote not relevant
HEALTH 18-0 APPROPRIATIONS 17-0
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|Ayes:|Jones, Fletcher, Adams, |Ayes:|De Leon, Conway, Ammiano, |
| |Ammiano, Block, Carter, | |Charles Calderon, Coto, |
| |Conway, De La Torre, De | |Davis, Fuentes, Hall, |
| |Leon, Emmerson, Hall, | |Harkey, Miller, Nielsen, |
| |Hayashi, Hernandez, | |John A. Perez, Skinner, |
| |Bonnie Lowenthal, Nava, | |Solorio, Audra |
| |V. Manuel Perez, Salas, | |Strickland, Torlakson, |
| |Audra Strickland | |Hill |
| | | | |
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SUMMARY : Provides that federal funding received pursuant to the
federal Supplemental Appropriations Act, 2009 (Public Law
111-32) for pandemic flu preparedness and response is subject to
appropriation by the Legislature for allocation by the
Department of Public Health (DPH) pursuant to the 2008-09
federally approved collaborative state-local plan; authorizes
DPH to establish a minimum allocation of $100,000 to a local
health jurisdiction (LHJ), as specified; and, requires DPH to
expand its electronic communications capacity to accommodate
every hospital and primary care clinic during a public health
emergency. Requires funds received for pandemic flu response,
in the case that a LHJ does not apply for all of its authorized
allocation, to be made available by DPH to other LHJs that apply
for them. Permits any addition funds not allocated to LHJ to be
used by DPH for pandemic flu response activities. Contains an
urgency clause to ensure that the provisions of this bill go
into immediate effect upon enactment.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, a one-time allocation of $28 million in federal
funding from the federal Public Health and Social Services Fund
related to pandemic flu generally and the H1N1 virus
specifically, to be shared 30%-70% (state/county) among DPH and
LHJs. Additional unknown future distributions of federal
funding in the 30%-70% sharing ratio. At this time, an
SB 769
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additional $5.8 billion of federal funds nationally has been set
aside by Congress to support additional public health activities
related to pandemic flu.
COMMENTS : According to the author, this bill is needed to
ensure appropriate allocation of federal funding for emergency
response and pandemic preparedness. The author states that for
the past several years, the state has received federal funds to
be used for emergency preparedness and response to such events
as a pandemic flu outbreak. Under the existing state and local
collaborative plan approved by the federal government, 70% of
the funding is distributed to LHJs, while 30% remains with the
state. According to the author, this bill is needed to add the
Supplemental Appropriations Act funds to the previous stream of
federal funds and ensure that LHJs receive an adequate share of
the funding. The author further contends this bill facilitates
timely distribution of the funds.
According to DPH, novel H1N1 is a new influenza virus which was
first detected in people in the United States in April 2009 and
which spreads from person-to-person, similar to how regular
seasonal influenza viruses spread. The symptoms of novel H1N1
flu virus in people are similar to the symptoms of seasonal flu
and include fever, cough, sore throat, runny or stuffy nose,
body aches, headache, chills, and fatigue. Some people infected
with H1N1 also report diarrhea and vomiting. As of August 25,
2009, California had 1,528 hospitalizations, including 128
deaths, due to H1N1 flu (for comparison, DPH reports that each
year, approximately 4,500 Californians die from seasonal flu).
DPH states that California hospital admissions and emergency
room visits due to flu remain higher than normal for this time
of year and higher than what is typically seen during the
traditional flu season (October to May). Although the H1N1 flu
appears to be relatively mild, public health officials remain
concerned because flu viruses mutate quickly and can become more
virulent, in which case, a more serious outbreak could occur in
the fall.
On June 24, 2009, President Obama signed the Supplemental
Appropriations Act, which provides $1.85 billion nationally to
prepare for and respond to an influenza pandemic, including the
development and purchase of vaccine, antivirals, medical
supplies, diagnostics, and other surveillance tools, and to
assist international efforts and respond to international needs
relating to the 2009 H1N1 influenza outbreak. No less than $350
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million of the appropriation is intended for upgrading state and
local capacity. The supplemental funding is intended to
continue to address the current H1N1 influenza outbreak, but
also to prepare for the potential of future outbreaks, increased
severity of the H1N1 virus, or for the emergence of a new
influenza strain. Therefore, the funding may be used for an
array of pandemic influenza preparedness and response
activities. In July and August, the federal government awarded
DPH over $46 million through the Supplemental Appropriations Act
and on August 27, 2009, the Schwarzenegger Administration
submitted a Section 28 application to the Legislature for
authority to use the funds. DPH anticipates additional
supplemental funding, but the federal government has not
announced the award amounts for the remaining funds.
On April 30, 2009, the Senate and Assembly Committees on Health
and the Senate Select Committee on Disaster and Emergency
Response held a joint informational hearing on the H1N1
influenza outbreak. During this hearing, DPH, California
Emergency Management Agency, Emergency Medical Services
Authority, California Department of Education, California
Hospital Association, California Primary Care Association,
Health Officers Association of California, and California
Association of Public Health Laboratory Directors testified
regarding their response to the outbreak. Witnesses stated that
due to funding cuts and anticipated personnel losses, local
health departments and local public health laboratories might be
unable to fully respond to a possible resurgence of H1N1 flu in
the fall. In a follow-up hearing on August 27, 2009, a local
health officer reiterated the severe consequences of funding
shortfalls and noted that resources were reduced more than
previously anticipated.
Analysis Prepared by : Melanie Moreno / HEALTH / (916)
319-2097
FN: 0005761