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AB-1711 Homeless populations: disease outbreak.(2019-2020)

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Date Published: 04/30/2019 08:55 AM
AB1711:v97#DOCUMENT

Amended  IN  Assembly  April 29, 2019
Amended  IN  Assembly  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1711


Introduced by Assembly Member Santiago

February 22, 2019


An act to add Article 6 (commencing with Section 101170) to Chapter 2 of Part 3 of Division 101 of the Health and Safety Code, relating to homelessness.


LEGISLATIVE COUNSEL'S DIGEST


AB 1711, as amended, Santiago. Homeless populations: disease outbreak.
Existing law establishes the State Department of Public Health, which has authority over various programs promoting public health.
Existing law authorizes a local health officer to declare a local health emergency under certain circumstances, including when there is an imminent and proximate threat of the introduction of any contagious, infectious, or communicable disease. Existing law authorizes the local health emergency to remain in effect for 7 days, unless the board of supervisors or city council ratifies the local health emergency for a longer period of time, as specified.
This bill would require a city or city and county to take certain actions if a homeless population of 5,000 4,500 persons or more residing on the streets within a 7-mile radius of a city or city and county is currently experiencing a disease outbreak, or is at risk of a disease outbreak, as determined by the local health officer based on an unspecified minimum incidence rate. The bill would require that those actions include, as applicable, cleaning streets, providing free and voluntary disease testing and vaccination, and developing a systematic plan for outreach to the affected homeless population. By creating new duties for city or city and county officials and local health officers relating to disease outbreaks, the bill would impose a state-mandated local program.
The bill would require the department to establish a grant program and to distribute moneys in the Disease Outbreak Within Homeless Populations Fund, which the bill would create, subject to appropriation, for the purpose of funding the above actions taken by a city or city and county. The bill would require a grant recipient to, among other things, provide matching funds of 30% of the awarded funding and submit a specified report to the department within 2 years of receipt of the grant.
The bill would also make a county eligible to apply for a grant if the county’s homeless population is currently experiencing a disease outbreak, or is at risk of a disease outbreak, as described above, the county takes any of the above actions, and the county meets the requirements of the grant program.
The bill would require the department to submit a report to the Legislature every 4 years, including information collected from the above reports.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Article 6 (commencing with Section 101170) is added to Chapter 2 of Part 3 of Division 101 of the Health and Safety Code, to read:
Article  6. Disease Outbreak Within Homeless Populations

101170.
 (a) If a homeless population of 5,000 4,500 persons or more residing on the streets within a seven-mile radius, of a city or city and county, according to annual demographic estimates, is currently experiencing a disease outbreak, or is at risk of a disease outbreak, the city, or city and county, in which that population resides shall take all of the following actions, as applicable to the specific disease outbreak:
(1) Cleaning streets, including, but not limited to, clearing piles of trash or applying bleach on sidewalks.
(2) Providing free and voluntary disease testing, diagnosis, and vaccination within the affected homeless population using established or innovative methods as permitted under existing law, including, but not limited to, services provided by stationary or mobile clinics.
(3) Identifying and monitoring the causes of the disease outbreak, including the pathogen and the disease vectors or methods of transmission of the disease, such as insects, rodents, or food or water contaminated with fecal matter.
(4) Tracking any reduction in the disease outbreak, or in the risk of disease outbreak, within the affected homeless population.
(5) Partnering with local animal shelters to provide free medication against fleas or rabies vaccination for a dog or cat that is under the care of a homeless person within the affected population, subject to consent by that person.
(6) Collaborating with local businesses to clean and monitor vacant warehouses and buildings.
(7) Developing a systematic plan for outreach to the affected homeless population in order to educate and raise awareness on contagious, infectious, or communicable diseases and ways to mitigate future disease outbreaks.
(b) The local health officer shall determine if the homeless population described in subdivision (a) is currently experiencing a disease outbreak, or is at risk of a disease outbreak, based on a minimum incidence rate of ____ within that population.
(c) A disease outbreak described in this section may include, but is not limited to, any of the following:
(1) Epidemic typhus.
(2) Bartonella quintana infection.
(3) Hepatitis A.
(4) Hepatitis B.
(5) Hepatitis C.
(6) Influenza.
(7) Streptococcus pneumoniae infection.
(8) Diphtheria.
(9) Tuberculosis.

101170.1.
 (a) There is hereby created in the State Treasury the Disease Outbreak Within Homeless Populations Fund.
(b) The State Department of Public Health shall establish a grant program, and shall distribute moneys in the fund subject to appropriation, for the purpose of funding actions taken by a city, or city and county, pursuant to Section 101170.
(c) (1) A city, or city and county, that applies for and receives funding under the grant program shall provide matching funds of 30 percent of the awarded funding for purposes of the actions described in Section 101170.
(2) A grant recipient shall expend the awarded funding within two years of receipt of the grant.
(d) A grant recipient shall submit a report to the department within two years of receipt of the grant. The report shall include all of the following information:
(1) How the awarded funding was used.
(2) Any reduction in the disease outbreak, or in the risk of disease outbreak, within the affected homeless population.
(3) How the grant recipient plans to reduce the impact of any future disease outbreaks.
(e) A county shall also be eligible to apply for a grant under this section if all of the following conditions are met:
(1) A homeless population of 4,500 persons or more residing on the streets within the county, according to annual demographic estimates, is currently experiencing a disease outbreak, or is at risk of a disease outbreak, pursuant to subdivisions (b) and (c) of Section 101170.
(2) The county takes any of the actions described in subdivision (a) of Section 101170.
(3) The county meets the requirements described in subdivisions (c) and (d), as applicable to a county.

(e)

(f) The department shall submit a report every four years to the Legislature, in compliance with Section 9795 of the Government Code, including information collected from the reports submitted pursuant to subdivision (d) within that four-year period.

(f)

(g) The requirements described in Section 101170 are not contingent on receipt of a grant under this section. The grant program described in this section is intended to facilitate the recovery of costs incurred by a city, or city and county, in complying with Section 101170. 101170, and the recovery of costs incurred by a county if it elects to take actions described in subdivision (a) of Section 101170.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.