BILL NUMBER: AB 1793	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Yamada

                        FEBRUARY 21, 2012

   An act to amend Sections 101315 and 101319 of, and to repeal
Section 101320 of, the Health and Safety Code, relating to public
health, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1793, as introduced, Yamada. Public health: federal funding:
public health emergencies.
   Existing law establishes procedures and requirements to govern the
allocation to, and expenditure by, local health jurisdictions,
hospitals, clinics, emergency medical systems, and poison control
centers of federal funding received for the prevention of, and
response to, public health emergencies. Existing law provides that
these procedures apply only when the specified entities are
designated by a federal or state agency to manage the funds for
public health preparedness and response to public health emergencies,
pursuant to a specified federally approved plan. Existing law
requires funds to be allocated to these entities through the use of
agreements that are exempt from provisions that establish public
contracting standards. Existing law makes these provisions
inoperative as of September 1, 2012, and repeals these provisions as
of January 1, 2013.
   This bill would expand these provisions to apply to public health
emergency preparedness and response by long-term health care
facilities, and would delete the repeal of these provisions.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 101315 of the Health and Safety Code is amended
to read:
   101315.  (a) Federal funding received by the State Department of
 Public  Health  Services  for bioterrorism
preparedness and emergency response is subject to appropriation in
the annual Budget Act or other statute, commencing with the 2003-04
fiscal year.
   (b) This article shall govern those instances when federal funding
is allocated and expended for public health preparedness and
response by local health jurisdictions, hospitals,  long 
 -term   health care facilities,  clinics,
emergency medical systems, and poison control centers for the
prevention of, and response to, bioterrorist attacks and other public
health emergencies pursuant to the federally approved collaborative
state-local plan.
   (c) A local health jurisdiction shall be ineligible to receive
funding from appropriations made for purposes of this article when
that local health jurisdiction receives directly or through another
local jurisdiction federal funding for the same purposes. Moneys
appropriated for purposes of this article that would have been
allocated to a local health jurisdiction that is ineligible, pursuant
to this subdivision, to receive funding shall be allocated, as
provided in Section 101317, among the remaining local health
jurisdictions that are eligible.
   (d) Funds appropriated for the purposes of this article shall not
be used to supplant funding for existing levels of service and shall
only be used for purposes specified in Section 101317.
   (e) This article shall apply only when local health jurisdictions,
hospitals,  long   -term health care facilities, 
clinics, emergency medical systems, and poison control centers are
designated by a federal or state agency to manage the funds for
public health preparedness and response to bioterrorist attacks and
other public health emergencies, pursuant to the federally approved
collaborative state-local plan.
  SEC. 2.  Section 101319 of the Health and Safety Code is amended to
read:
   101319.  Due to the need to rapidly implement, and to provide
local health jurisdictions, hospitals,  long   -term
health care facilities,  clinics, emergency medical systems, and
poison control centers with timely funding for the purposes of, this
article, funds appropriated in the annual Budget Act or some other
act for purposes of this article for the 2002-03 fiscal year and
subsequent fiscal years shall be allocated through the use of
agreements, which shall not be subject to Part 2 (commencing with
Section 10100) of Division 2 of the Public Contract Code.
  SEC. 3.  Section 101320 of the Health and Safety Code is repealed.

   101320.  This article shall become inoperative on September 1,
2012, and, as of January 1, 2013, is repealed, unless a later enacted
statute that is enacted before January 1, 2013, deletes or extends
the dates on which it becomes inoperative and is repealed. 
  SEC. 4.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to ensure an adequate and timely response to public
health threats by preventing the lapse of provisions relating to the
allocation and expenditure of federal funds for public health
emergency preparedness programs, it is necessary for this act to take
effect immediately.