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AB-2190 Hospitals: seismic safety.(2017-2018)

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Date Published: 06/19/2018 04:00 AM
AB2190:v96#DOCUMENT

Amended  IN  Senate  June 18, 2018
Amended  IN  Assembly  April 26, 2018
Amended  IN  Assembly  April 16, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2190


Introduced by Assembly Member Reyes

February 12, 2018


An act to add Section 130061.6 Sections 130062 and 130066 to the Health and Safety Code, relating to hospitals.


LEGISLATIVE COUNSEL'S DIGEST


AB 2190, as amended, Reyes. Hospitals: seismic safety.
Existing law, the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983, establishes, under the jurisdiction of the Office of Statewide Health Planning and Development, a program of seismic safety building standards for certain hospitals constructed on and after March 7, 1973. A violation of any provision of the act is a misdemeanor.
Existing law provides that, after January 1, 2008, a general acute care hospital building that is determined to be a potential risk of collapse or to pose significant loss of life in the event of seismic activity be used only for nonacute care hospital purposes, except that the office may grant 5-year and 2-year extensions under prescribed circumstances, except as specified. Existing law requires an owner of a general acute care hospital building that is classified as nonconforming to submit a report to the office no later than November 1, 2010, describing the status of each building in complying with the extension provisions, and to annually update the office with any changes or adjustments. Existing law authorizes certain hospital owners who do not have the financial capacity or other reasons to bring certain buildings into compliance by the January 1, 2013, deadline to instead replace those buildings or take other action by January 1, 2020, as specified.
This bill would require all hospitals with buildings subject to the January 1, 2020, deadline described above and that are seeking an extension for their buildings to submit a written an application to the Office of Statewide Health Planning and Development by July April 1, 2019, that specifies the seismic compliance method each building will use, as specified. The bill would require the office to grant an additional extension of time to an owner who is subject to the January 1, 2020, deadline if specified conditions are met. The bill would authorize the additional extension to be up to 30 months or 5 years depending on whether the compliance plan is based upon “replacement,” “retrofit,” or “rebuild,” as defined. The bill would require the office, before June 1, 2019, to provide the Legislature with a specified inventory of the hospital buildings. The bill would authorize the authority office to promulgate emergency regulations as necessary to implement these provisions.
Existing law requires, no later than January 1, 2030, the owner of an acute care inpatient hospital to either demolish, replace, or change to nonacute care use a hospital building that is not in substantial compliance with certain seismic safety regulations and standards developed by the office, or to seismically retrofit the building so that it is in substantial compliance.
This bill would require, before January 1, 2020, the owner of an acute care inpatient hospital whose building does not substantially comply with the above-described seismic safety regulations or standards to submit to the office an attestation that the board of directors of that hospital is aware that the hospital building is required to meet the January 1, 2030, deadline for substantial compliance with those regulations and standards.
By imposing new requirements under the act for owners of hospitals with regard to extension applications and the above-described attestation, this bill would expand the scope of a crime, thereby imposing a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 130061.6 130062 is added to the Health and Safety Code, to read:

130061.6.130062.
 (a) For the purposes of this section, the following terms have the following meanings:
(1) “Rebuild plan” means a plan to meet seismic standards primarily by constructing a new compliant conforming SPC-4D or SPC-5 building for use in lieu of an SPC-1 building.
(2) “Removal plan” means a plan to meet seismic standards primarily by removing acute care service services or beds from the hospital’s license.
(3) “Replacement plan” means a plan to meet seismic standards primarily by relocating acute care service services or beds from noncompliant nonconforming buildings into a compliant conforming building.
(4) “Retrofit plan” means a plan to meet seismic standards primarily by modifying the building in a manner that brings the building up to SPC-2, SPC-4D, or SPC-5 standards.
(b) All hospitals with seeking an extension for their SPC-1 buildings shall submit a written application to the office by July 1, 2019, that states to the office an application, in a manner acceptable to the office, by April 1, 2019. At a minimum, the application shall state which of the seismic compliance methods described in subdivision (a) will be used for each SPC-1 building. A hospital that has previously submitted to the office a request for an extension beyond January 1, 2020, based on a rebuild plan, pursuant to subdivision (i) of Section 130060, shall certify that extension request in its application.
(c) Notwithstanding any other law, including, but not limited to, Section 130061.5, for a A hospital owner that has been granted an extension pursuant to subdivision (g) of Section 130060 or subdivision (b) of Section 130061.5, the office shall grant 130061.5 may request, and the office shall grant, an additional extension of time in order to comply with the requirements of that subdivision, as set forth in this section.
(d) (1) For a hospital that seeks an extension for compliance based on a replacement plan or retrofit plan, the office shall grant an extension of up to 30 months if the owner agrees in writing to submit a construction schedule and obtain a building permit by April 1, 2019. schedule, obtain a building permit, and begin construction by April 1, 2020.

(2)(A)The office may grant an extension of the January 1, 2020, deadline specified in Section 130061.5 as necessary to deal with contractor, labor, or materials delays, if any, experienced by the hospital.

(B)If an extension is granted pursuant to subparagraph (A), the owner shall submit a modified construction schedule that shall identify at least two major milestones, agreed upon by the hospital and the office, that will be used as the basis for determining whether the hospital is making adequate progress toward meeting the seismic compliance deadline.

(2) An application submitted pursuant to subdivision (b) shall include a project schedule with timelines for plan submittal and review, if applicable, obtaining a building permit, and start of construction. The hospital and the office shall identify at least two major milestones relating to the compliance plan that will be used as the basis for determining whether the hospital is making adequate progress toward meeting the seismic compliance deadline.
(3) Failure to submit the construction documents by July 1, 2019, or meet the milestones comply with the requirements described in paragraph (1) or (2), or to meet any milestone agreed to pursuant to this subdivision paragraph (2), shall result in the assessment of a fine of five thousand dollars ($5,000) per calendar day until the documents are submitted or the milestones requirements or milestones, respectively, are met.
(4) Final seismic compliance shall be achieved by July 1, 2022.

(e)(1)For a hospital that seeks an extension for compliance of an SPC-1 building based on a replacement plan, the office shall grant an extension of up to 30 months if the owner agrees in writing to submit a replacement plan by July 1, 2019.

(2)The agreement shall set forth construction schedules, timelines, and major milestones, related to the replacement plan.

(3)Failure to comply with this subdivision or with the terms of the agreement shall result in the assessment of a fine of five thousand dollars ($5,000) per calendar day until the owner complies.

(4)Final seismic compliance shall be achieved by July 1, 2022.

(f)

(e) (1) For a hospital that seeks an extension for compliance based on a rebuild plan, the office shall grant an extension of up to five years if the owner agrees in writing to submit the rebuild plan by July 1, 2020, to submit, in a manner acceptable to the office, by July 1, 2020, the rebuild plan, deemed ready for review, and to submit a construction schedule, obtain a building permit, and begin construction by January 1, 2022.
(2) The construction schedule hospital and the office shall identify at least two major milestones, agreed upon by the hospital and the office, that will be used as the basis for determining whether the hospital is making adequate progress toward meeting the seismic compliance deadline.
(3) Failure to submit the rebuild plan by July 1, 2020, as set forth in paragraph (1), or failure to submit construction documents or meet the milestones agreed to pursuant to this subdivision by January 1, 2022, comply with the requirements described in paragraph (1) or (4), or to meet any milestone agreed to pursuant to paragraph (2) or (4), shall result in the assessment of a fine of five thousand dollars ($5,000) per calendar day until the documents are submitted or the milestones requirements or milestones, respectively, are met.
(4) For a hospital that has previously submitted to the office a request for an extension beyond January 1, 2020, based on a rebuild plan, pursuant to subdivision (i) of Section 130060, the office may accept certification from the hospital that it has obtained appropriate building permits consistent with an approved incremental plan review and that construction thereunder has commenced and is continuing. The previously approved construction schedule shall be amended to reflect the extension being requested, and at least two new major milestones shall be identified. The owner shall not be required to resubmit construction plans previously submitted to the office, and the office may not impose new or different requirements for any increment already approved or building permit already issued by the office as a condition for granting an extension.

(4)

(5) Final seismic compliance shall be achieved, and a certificate of occupancy shall be obtained, by January 1, 2025.
(f) The office may grant an adjustment to the requirements described in paragraph (1) or (2) of subdivision (d) or paragraph (1) or (4) of subdivision (e), or the milestones agreed to pursuant to paragraph (2) of subdivision (d) or paragraph (2) or (4) of subdivision (e), as necessary to deal with contractor, labor, or material delays, or with acts of God, or with governmental entitlements, experienced by the hospital. If that adjustment is granted, the hospital shall submit a revised construction schedule, and the hospital and the office shall identify at least two new major milestones consistent with the adjustment. Failure to comply with the revised construction schedule or meet any of the major milestones shall result in penalties as specified in paragraph (3) of subdivision (d) and paragraph (3) of subdivision (e). The adjustment shall not exceed the corresponding final seismic compliance date specified in paragraph (4) of subdivision (d) or paragraph (5) of subdivision (e).
(g) The duration of an extension granted by the office pursuant to this section shall not exceed the maximums permitted by this section. Moreover, within that limit, the extension shall not exceed office shall not grant an extension that exceeds the amount of time needed by the owner to come into compliance. The determination by the office regarding the length of the extension to be granted shall be based upon a showing by the owner of the facts necessitating the additional time. It shall include a review of the plan and all the documentation submitted in the application for the extension, and shall permit only that additional time necessary to allow the owner to deal with compliance plan issues that cannot be fully met without the extension.

(h)No extension shall be granted pursuant to this section for SPC-1 facilities unless the owner has submitted to the office, by January 1, 2018, a ready-for-review retrofit plan or replacement plan.

(i)

(h) An extension shall not be granted pursuant to this section for seismic compliance based upon a removal plan.

(j)A

(i) In lieu of the reporting requirements described in Section 130061, a hospital granted an extension pursuant to this section shall provide a quarterly status report to the office, with the first report due on July 1, 2019, and every October 1, January 1, April 1, and July 1 thereafter, until seismic compliance is achieved. The office shall post the status reports on its Internet Web site.
(j) Before June 1, 2019, the office shall provide the Legislature with an inventory of the SPC category of each hospital building. A report submitted to the Legislature pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(k) Notwithstanding any other law, any fines penalties assessed pursuant to this section shall be deposited into the General Fund following a determination on appeal, if any. A hospital assessed a fine penalty pursuant to this section may appeal the assessment to the Hospital Building Safety Board, provided the hospital posts the funds for any fines penalties to be held by the office pending the resolution of the appeal.
(l) The office may promulgate emergency regulations as necessary to implement this section.

SEC. 2.

 Section 130066 is added to the Health and Safety Code, to read:

130066.
 Before January 1, 2020, the owner of an acute care inpatient hospital whose building does not substantially comply with the seismic safety regulations or standards described in Section 130065 shall submit to the office an attestation that the board of directors of that hospital is aware that the hospital building is required to meet the January 1, 2030, deadline for substantial compliance with those regulations and standards.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.