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SB-758 Hospitals: seismic safety.(2019-2020)



Current Version: 09/13/19 - Amended Assembly         Compare Versions information image


SB758:v97#DOCUMENT

Amended  IN  Assembly  September 13, 2019
Amended  IN  Senate  March 27, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 758


Introduced by Senator Portantino

February 22, 2019


An act to amend Section 130066 of Sections 130065 and 130066 of, and to add Section 130065.1 to, the Health and Safety Code, relating to health and care facilities.


LEGISLATIVE COUNSEL'S DIGEST


SB 758, as amended, Portantino. Hospitals: seismic safety.
(1) The Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 (act) 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. The act requires an owner of a general acute care inpatient hospital, no later than January 1, 2030, to either demolish, replace, or change to nonacute care use all hospital buildings not in substantial compliance with the standards established pursuant to the act or seismically retrofit all acute care inpatient hospital buildings so that they are in substantial compliance with those standards. The act requires, before January 1, 2020, the owner of an acute care inpatient hospital whose building does not substantially comply with 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 a specified deadline for substantial compliance with those regulations and standards.

This bill would require, on or before January 1, 2021, the owner of an acute care inpatient hospital to update the above-described submission by reporting the services provided in each building of the acute care inpatient hospital. By increasing the duties of owners of acute care inpatient hospitals, this bill would expand an existing crime, thereby imposing a state-mandated local program.

This bill would require, on or before January 1, 2021, the owner of an acute care inpatient hospital to update the above-described submission by reporting the services provided in each building of the acute care inpatient hospital. The bill would instead require, on and after January 1, 2030, all general acute care inpatient hospitals that have been approved by the State Department of Public Health to operate emergency medical service, surgical suite, and postsurgical services to be capable of providing these services for 72 hours following a seismic event, unless the office determines a general acute care inpatient hospital is in a county that has a low seismic risk. The bill would specify the conditions under which a general acute care inpatient hospital is authorized to operate these services, for 72 hours following a seismic event, in an alternative location or manner. The bill would authorize how utility lines, including electrical systems, necessary for the operation of emergency medical service, surgical suite, and postsurgical services are authorized to be installed and braced. The bill would require the office to promulgate regulations to administer these provisions as emergency regulations.
The bill would require a general acute care inpatient hospital that receives approval to submit a construction schedule to the office to submit the schedule no later than one year from the date the request was approved and imposes penalties for a failure to do so.
By expanding the duties of general acute care inpatient hospitals under the act, the bill would expand an existing crime, thereby imposing a state-mandated local program.
(2) 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: YES  

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


SECTION 1.

 Section 130065 of the Health and Safety Code is amended to read:

130065.
 In accordance with the compliance schedule approved by the office, but in any case no later than (a) After January 1, 2030, owners of all general acute care inpatient hospitals that have been approved by the State Department of Public Health to operate an emergency medical service, surgical suite, and postsurgical services shall either: be capable of providing all of these services for 72 hours following a seismic event. The specifically designated areas in which the emergency medical service, surgical suite, and postsurgical services are located, as described in subdivision (c), shall be
(a) Demolish, replace, or change to nonacute care use all hospital buildings not in substantial compliance with the regulations and standards developed by the office pursuant to the Alfred E. Alquist Hospital Facilities Seismic Safety Act and this act. act, or have an authorization from the office pursuant to subdivision (b). For all other services, a general acute care inpatient hospital shall develop and maintain an emergency preparedness program as required by federal regulations pursuant to Section 482.15(a) of Title 42 of the Code of Federal Regulations and state regulations pursuant to Section 70741(a) of Title 22 of the California Code of Regulations.

(b) Seismically retrofit all acute care inpatient hospital buildings so that they are in substantial compliance with the regulations and standards developed by the office pursuant to the Alfred E. Alquist Hospital Facilities Seismic Safety Act and this act.

Upon compliance with this section, the hospital shall be issued a written notice of compliance by the office. The office shall send a written notice of violation to hospital owners that fail to comply with this section.

(b) (1) Notwithstanding subdivision (a), the office shall authorize a general acute care inpatient hospital to operate, for 72 hours following a seismic event, its emergency medical service, surgical suite, and postsurgical services in an alternative location or manner in accordance with paragraph (4), upon a demonstration by the general acute care inpatient hospital that compliance with subdivision (a) will likely result in either a loss of community access to essential hospital services by a critical community provider or a financial hardship, as determined by Section 130060 and implementing regulations found in Chapters 8-5 and 8-6 of Part 8 of Title 24 of the California Code of Regulations.
(2) A general acute care inpatient hospital may apply to the office for authorization pursuant to this subdivision by no later than January 1, 2025. The initial authorization granted pursuant to this subdivision shall be effective for five years, from January 1, 2030, until January 1, 2035, and may be renewed for one successive five-year period, if the office determines the general acute care inpatient hospital meets the requirements of this subdivision at the time of the renewal application.
(3) A general acute care inpatient hospital denied an authorization pursuant to this subdivision may appeal the denial to the Hospital Safety Building Board. If an initial or renewal application is denied by the office, the general acute care inpatient hospital shall have a grace period beyond the January 1, 2030, deadline for the amount of time from the date it submitted its application for authorization pursuant to this division until completion of any appeal, during which time compliance shall be delayed.
(4) Pursuant to this subdivision, the office shall authorize a general acute care inpatient hospital to operate, for 72 hours following a seismic event, its emergency medical service, surgical suite, and postsurgical services in an alternative location or manner if it develops and maintains an emergency preparedness plan as required by federal regulations pursuant to of Section 482.15(a) of Title 42 of the Code of Federal Regulations and state regulations pursuant to Section 70741(a) of Title 22 of the California Code of Regulations that includes policies and procedures addressing the provision of these services in an alternative location or manner.
(c) A general acute care inpatient hospital that operates an emergency medical service, surgical suite, and postsurgical services approved by the State Department of Public Health shall submit to the office, by January 1, 2025, a description of the specifically designated areas in which its emergency medical service, surgical suite, and postsurgical services are located.
(d) (1) The office shall, by regulation, designate counties that have low seismic risk.
(2) This section shall not apply to a general acute care inpatient hospital building located in a county designated by the office as having a low seismic risk.
(e) Notwithstanding any other law, utility lines, including, but not limited to, mechanical, electrical, plumbing, and information technology systems, necessary for the operation of an emergency medical service, surgical suite, and postsurgical services, shall be permitted to run through or under a building rated Structural Performance Category-2 (SPC-2) or higher. These utility lines shall be braced in accordance with Non-Structural Performance Category-3 (NPC-3) standards if located above ground. Anything surrounding these utility lines that may impact their functionality shall also be braced and anchored per NPC-3 or NPC-4 standards.
(f) The office shall revise its regulations as necessary in accordance with this section. Regulatory submissions made by the office to the California Building Standards Commission to implement this section and Section 130065.1 shall be deemed to be emergency regulations and shall be adopted as emergency regulations.

SEC. 2.

 Section 130065.1 is added to the Health and Safety Code, to read:

130065.1.
 (a) If a request pursuant to subdivision (b) of Section 130065 is approved, the hospital shall submit a construction schedule to the office no later than one year from the date the request was approved.
(b) Using the construction schedule submitted pursuant to subdivision (a), the hospital and the office shall follow the procedure described in paragraph (2) of subdivision (d) of Section 130062.
(c) Failure to comply with the requirements described in subdivision (a) or (b) shall result in the penalty described in paragraph (3) of subdivision (d) of Section 130062. Any penalties assessed pursuant to this section shall be deposited and eligible for appeal as described in paragraph (2) of subdivision (l) of Section 130062.
(d) The office shall have the authority to grant an adjustment as described in subdivision (f) of Section 130062, except that the adjustment shall not exceed the corresponding final seismic compliance date pursuant to subdivision (b) of Section 130065.

SECTION 1.SEC. 3.

 Section 130066 of the Health and Safety Code is amended to read:

130066.
 (a) 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.
(b) On or before January 1, 2021, 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 update the submission submitted pursuant to subdivision (a) by reporting the services provided in each building of the acute care inpatient hospital.

SEC. 2.SEC. 4.

 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.