California Senate Bill SB840 Latest Draft

 BILL NUMBER: SB 840AMENDED BILL TEXT AMENDED IN SENATE MAY 10, 2011 AMENDED IN SENATE APRIL 28, 2011 AMENDED IN SENATE MARCH 22, 2011 INTRODUCED BY Senator Evans FEBRUARY 18, 2011 An act to add Section 1287 to the Health and Safety Code, relating to care facilities. LEGISLATIVE COUNSEL'S DIGEST SB 840, as amended, Evans. Health facilities: carbon monoxide detectors. Existing law provides for the licensure and regulation of health facilities,  including, but not limited to, skilled nursing facilities,  as defined, by the State Department of Public Health. A violation of these provisions is a crime.  Existing law establishes the Office of Statewide Health Planning and Development (OSHPD) and sets forth its powers and duties with respect to health facility construction, health policy and planning, and health professions development.  This bill would require an owner of a  skilled nursing   specified health  facility to install prescribed carbon monoxide devices in that facility  if it has a fossil fuel burning appliance within the interior of the facility on or before January 1, 2013   in or around areas that contain a fossil fuel burning appliance within 180 days after regulations are approved by the OSHPD  . This bill would require the  department   OSHPD  to prescribe the criteria for the number and placement of carbon monoxide devices in a  skilled nursing  facility and to adopt and enforce regulations prescribing building standards for the adequacy and safety of  skilled nursing  facility physical plants for these purposes. By expanding the scope of an existing crime, this bill would impose 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. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1287 is added to the Health and Safety Code, to read:  1287. (a) An owner of a skilled nursing facility shall install carbon monoxide devices in the facility, that are approved and listed by the State Fire Marshal pursuant to Section 13263, on or before January 1, 2013.   1287.   (a) An owner of a health facility, as defined in subdivision (c), (d), (e), (g), (h), (i), (k), or (m) of Section 1250, shall install carbon monoxide devices, as defined in Section 13262, in the facility in or around areas that contain a fossil fuel burning appliance within 180 days after regulations are approved by the Office of Statewide Health Planning and Development.  (b)  The department   The   Office of Statewide Health Planning and Development  shall prescribe the criteria for the number and placement of carbon monoxide devices in a  skilled nursing  facility  and shall adopt and enforce   with a fossil fuel burning appliance and shall adopt  regulations prescribing building standards for the adequacy and safety of  skilled nursing  facility physical plants for the purposes of this section.  Battery-operated carbon monoxide devices shall be considered to meet the requirements of this section and shall be maintained in operating condition.  (c) A  skilled nursing  facility that does not have a fossil fuel burning appliance within the interior of the facility shall not be required to install carbon monoxide devices pursuant to this  section. For   section.   (d)     For  purposes of this section, "fossil fuel" means coal, kerosene, oil, wood, fuel gases, and other petroleum or hydrocarbon products that emit carbon monoxide as a byproduct of combustion. SEC. 2. 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.