Amended IN Senate August 01, 2022 Amended IN Assembly April 28, 2022 Amended IN Assembly March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2904Introduced by Assembly Member Mia BontaFebruary 18, 2022 An act to add Section 130068.3 to the Health and Safety Code, relating to public health.LEGISLATIVE COUNSEL'S DIGESTAB 2904, as amended, Mia Bonta. Alameda Hospital: seismic safety compliance deadline: extension.The Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 establishes, under the jurisdiction of the Department of Health Care Access and Information, a program of seismic safety building standards for certain hospitals constructed on and after March 7, 1973. 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. A violation of any provision of the act is a misdemeanor.This bill would require the department to grant Alameda Hospital an extension to 2032 January 1, 2032, to substantially comply with specified structural and nonstructural requirements under those provisions. The bill would require the hospital to annually report to the department on its progress toward meeting the 2032 seismic compliance requirements specified in the bill. submit to the department, on or before January 1, 2024, a plan for compliance with the applicable seismic safety standards and regulations by January 1, 2032. The bill would require the department to accept the plan submitted by the hospital based on it being feasible to complete, as specified. If the department approves the plan, the bill would require the hospital to report biannually to the department on the hospitals progress to timely complete its plan to achieve substantial seismic compliance by January 1, 2032, as prescribed. By expanding the duties of Alameda Hospital under those provisions, the bill would expand an existing crime, thereby imposing a state-mandated local program.This bill would make legislative findings and declarations as to the necessity of a special statute for Alameda Hospital.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1.Section 130068.3 is added to the Health and Safety Code, to read:130068.3.(a)Notwithstanding any other law, the department shall grant an extension to Alameda Hospital of the 2030 deadline to comply with structural and nonstructural requirements of this chapter to 2032, for buildings housing acute care service, emergency department, diagnostics, and surgery, to Structural Performance Category-3 (SPC-3) or above compliance, as well as full compliance with 2030 Non-Structural Performance Category (NPC) standards.(b)Commencing in January 2024, Alameda Hospital shall annually report to the department on its progress toward meeting the 2032 seismic compliance requirements specified in subdivision (a).SECTION 1. Section 130068.3 is added to the Health and Safety Code, to read:130068.3. (a) Notwithstanding Section 130065, the department shall grant to Alameda Hospital an extension of the January 1, 2030, deadline for all acute care inpatient hospital buildings to be in substantial compliance with this part, to January 1, 2032, if both of the following occur:(1) The hospital submits to the department, on or before January 1, 2024, a plan for compliance with the applicable seismic safety standards of this chapter, and the regulations promulgated pursuant to this chapter, by January 1, 2032.(2) The department accepts the plan submitted by the hospital based on it being feasible to complete. The department shall not unreasonably reject the plan, unreasonably impose conditions on the acceptance of the plan, or unreasonably withhold or delay acceptance or rejection of the plan.(b) If the department accepts the hospitals plan, the hospital shall report to the department, in the manner required by the department, on January 1 and July 1 of each year, on its progress to timely complete its plan to achieve substantial seismic compliance by January 1, 2032, commencing on July 1, 2024.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique financial challenges facing Alameda Hospital and the disruption of patient services that would occur without an extension of the 2030 compliance deadline. Alameda Hospital is the sole emergency department and acute care facility on the island of Alameda, California, with a population of over 70,000.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
Amended IN Senate August 01, 2022 Amended IN Assembly April 28, 2022 Amended IN Assembly March 24, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2904Introduced by Assembly Member Mia BontaFebruary 18, 2022 An act to add Section 130068.3 to the Health and Safety Code, relating to public health.LEGISLATIVE COUNSEL'S DIGESTAB 2904, as amended, Mia Bonta. Alameda Hospital: seismic safety compliance deadline: extension.The Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 establishes, under the jurisdiction of the Department of Health Care Access and Information, a program of seismic safety building standards for certain hospitals constructed on and after March 7, 1973. 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. A violation of any provision of the act is a misdemeanor.This bill would require the department to grant Alameda Hospital an extension to 2032 January 1, 2032, to substantially comply with specified structural and nonstructural requirements under those provisions. The bill would require the hospital to annually report to the department on its progress toward meeting the 2032 seismic compliance requirements specified in the bill. submit to the department, on or before January 1, 2024, a plan for compliance with the applicable seismic safety standards and regulations by January 1, 2032. The bill would require the department to accept the plan submitted by the hospital based on it being feasible to complete, as specified. If the department approves the plan, the bill would require the hospital to report biannually to the department on the hospitals progress to timely complete its plan to achieve substantial seismic compliance by January 1, 2032, as prescribed. By expanding the duties of Alameda Hospital under those provisions, the bill would expand an existing crime, thereby imposing a state-mandated local program.This bill would make legislative findings and declarations as to the necessity of a special statute for Alameda Hospital.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Senate August 01, 2022 Amended IN Assembly April 28, 2022 Amended IN Assembly March 24, 2022
Amended IN Senate August 01, 2022
Amended IN Assembly April 28, 2022
Amended IN Assembly March 24, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 2904
Introduced by Assembly Member Mia BontaFebruary 18, 2022
Introduced by Assembly Member Mia Bonta
February 18, 2022
An act to add Section 130068.3 to the Health and Safety Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2904, as amended, Mia Bonta. Alameda Hospital: seismic safety compliance deadline: extension.
The Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 establishes, under the jurisdiction of the Department of Health Care Access and Information, a program of seismic safety building standards for certain hospitals constructed on and after March 7, 1973. 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. A violation of any provision of the act is a misdemeanor.This bill would require the department to grant Alameda Hospital an extension to 2032 January 1, 2032, to substantially comply with specified structural and nonstructural requirements under those provisions. The bill would require the hospital to annually report to the department on its progress toward meeting the 2032 seismic compliance requirements specified in the bill. submit to the department, on or before January 1, 2024, a plan for compliance with the applicable seismic safety standards and regulations by January 1, 2032. The bill would require the department to accept the plan submitted by the hospital based on it being feasible to complete, as specified. If the department approves the plan, the bill would require the hospital to report biannually to the department on the hospitals progress to timely complete its plan to achieve substantial seismic compliance by January 1, 2032, as prescribed. By expanding the duties of Alameda Hospital under those provisions, the bill would expand an existing crime, thereby imposing a state-mandated local program.This bill would make legislative findings and declarations as to the necessity of a special statute for Alameda Hospital.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.
The Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 establishes, under the jurisdiction of the Department of Health Care Access and Information, a program of seismic safety building standards for certain hospitals constructed on and after March 7, 1973. 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. A violation of any provision of the act is a misdemeanor.
This bill would require the department to grant Alameda Hospital an extension to 2032 January 1, 2032, to substantially comply with specified structural and nonstructural requirements under those provisions. The bill would require the hospital to annually report to the department on its progress toward meeting the 2032 seismic compliance requirements specified in the bill. submit to the department, on or before January 1, 2024, a plan for compliance with the applicable seismic safety standards and regulations by January 1, 2032. The bill would require the department to accept the plan submitted by the hospital based on it being feasible to complete, as specified. If the department approves the plan, the bill would require the hospital to report biannually to the department on the hospitals progress to timely complete its plan to achieve substantial seismic compliance by January 1, 2032, as prescribed. By expanding the duties of Alameda Hospital under those provisions, the bill would expand an existing crime, thereby imposing a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for Alameda Hospital.
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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1.Section 130068.3 is added to the Health and Safety Code, to read:130068.3.(a)Notwithstanding any other law, the department shall grant an extension to Alameda Hospital of the 2030 deadline to comply with structural and nonstructural requirements of this chapter to 2032, for buildings housing acute care service, emergency department, diagnostics, and surgery, to Structural Performance Category-3 (SPC-3) or above compliance, as well as full compliance with 2030 Non-Structural Performance Category (NPC) standards.(b)Commencing in January 2024, Alameda Hospital shall annually report to the department on its progress toward meeting the 2032 seismic compliance requirements specified in subdivision (a).SECTION 1. Section 130068.3 is added to the Health and Safety Code, to read:130068.3. (a) Notwithstanding Section 130065, the department shall grant to Alameda Hospital an extension of the January 1, 2030, deadline for all acute care inpatient hospital buildings to be in substantial compliance with this part, to January 1, 2032, if both of the following occur:(1) The hospital submits to the department, on or before January 1, 2024, a plan for compliance with the applicable seismic safety standards of this chapter, and the regulations promulgated pursuant to this chapter, by January 1, 2032.(2) The department accepts the plan submitted by the hospital based on it being feasible to complete. The department shall not unreasonably reject the plan, unreasonably impose conditions on the acceptance of the plan, or unreasonably withhold or delay acceptance or rejection of the plan.(b) If the department accepts the hospitals plan, the hospital shall report to the department, in the manner required by the department, on January 1 and July 1 of each year, on its progress to timely complete its plan to achieve substantial seismic compliance by January 1, 2032, commencing on July 1, 2024.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique financial challenges facing Alameda Hospital and the disruption of patient services that would occur without an extension of the 2030 compliance deadline. Alameda Hospital is the sole emergency department and acute care facility on the island of Alameda, California, with a population of over 70,000.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
(a)Notwithstanding any other law, the department shall grant an extension to Alameda Hospital of the 2030 deadline to comply with structural and nonstructural requirements of this chapter to 2032, for buildings housing acute care service, emergency department, diagnostics, and surgery, to Structural Performance Category-3 (SPC-3) or above compliance, as well as full compliance with 2030 Non-Structural Performance Category (NPC) standards.
(b)Commencing in January 2024, Alameda Hospital shall annually report to the department on its progress toward meeting the 2032 seismic compliance requirements specified in subdivision (a).
SECTION 1. Section 130068.3 is added to the Health and Safety Code, to read:130068.3. (a) Notwithstanding Section 130065, the department shall grant to Alameda Hospital an extension of the January 1, 2030, deadline for all acute care inpatient hospital buildings to be in substantial compliance with this part, to January 1, 2032, if both of the following occur:(1) The hospital submits to the department, on or before January 1, 2024, a plan for compliance with the applicable seismic safety standards of this chapter, and the regulations promulgated pursuant to this chapter, by January 1, 2032.(2) The department accepts the plan submitted by the hospital based on it being feasible to complete. The department shall not unreasonably reject the plan, unreasonably impose conditions on the acceptance of the plan, or unreasonably withhold or delay acceptance or rejection of the plan.(b) If the department accepts the hospitals plan, the hospital shall report to the department, in the manner required by the department, on January 1 and July 1 of each year, on its progress to timely complete its plan to achieve substantial seismic compliance by January 1, 2032, commencing on July 1, 2024.
SECTION 1. Section 130068.3 is added to the Health and Safety Code, to read:
### SECTION 1.
130068.3. (a) Notwithstanding Section 130065, the department shall grant to Alameda Hospital an extension of the January 1, 2030, deadline for all acute care inpatient hospital buildings to be in substantial compliance with this part, to January 1, 2032, if both of the following occur:(1) The hospital submits to the department, on or before January 1, 2024, a plan for compliance with the applicable seismic safety standards of this chapter, and the regulations promulgated pursuant to this chapter, by January 1, 2032.(2) The department accepts the plan submitted by the hospital based on it being feasible to complete. The department shall not unreasonably reject the plan, unreasonably impose conditions on the acceptance of the plan, or unreasonably withhold or delay acceptance or rejection of the plan.(b) If the department accepts the hospitals plan, the hospital shall report to the department, in the manner required by the department, on January 1 and July 1 of each year, on its progress to timely complete its plan to achieve substantial seismic compliance by January 1, 2032, commencing on July 1, 2024.
130068.3. (a) Notwithstanding Section 130065, the department shall grant to Alameda Hospital an extension of the January 1, 2030, deadline for all acute care inpatient hospital buildings to be in substantial compliance with this part, to January 1, 2032, if both of the following occur:(1) The hospital submits to the department, on or before January 1, 2024, a plan for compliance with the applicable seismic safety standards of this chapter, and the regulations promulgated pursuant to this chapter, by January 1, 2032.(2) The department accepts the plan submitted by the hospital based on it being feasible to complete. The department shall not unreasonably reject the plan, unreasonably impose conditions on the acceptance of the plan, or unreasonably withhold or delay acceptance or rejection of the plan.(b) If the department accepts the hospitals plan, the hospital shall report to the department, in the manner required by the department, on January 1 and July 1 of each year, on its progress to timely complete its plan to achieve substantial seismic compliance by January 1, 2032, commencing on July 1, 2024.
130068.3. (a) Notwithstanding Section 130065, the department shall grant to Alameda Hospital an extension of the January 1, 2030, deadline for all acute care inpatient hospital buildings to be in substantial compliance with this part, to January 1, 2032, if both of the following occur:(1) The hospital submits to the department, on or before January 1, 2024, a plan for compliance with the applicable seismic safety standards of this chapter, and the regulations promulgated pursuant to this chapter, by January 1, 2032.(2) The department accepts the plan submitted by the hospital based on it being feasible to complete. The department shall not unreasonably reject the plan, unreasonably impose conditions on the acceptance of the plan, or unreasonably withhold or delay acceptance or rejection of the plan.(b) If the department accepts the hospitals plan, the hospital shall report to the department, in the manner required by the department, on January 1 and July 1 of each year, on its progress to timely complete its plan to achieve substantial seismic compliance by January 1, 2032, commencing on July 1, 2024.
130068.3. (a) Notwithstanding Section 130065, the department shall grant to Alameda Hospital an extension of the January 1, 2030, deadline for all acute care inpatient hospital buildings to be in substantial compliance with this part, to January 1, 2032, if both of the following occur:
(1) The hospital submits to the department, on or before January 1, 2024, a plan for compliance with the applicable seismic safety standards of this chapter, and the regulations promulgated pursuant to this chapter, by January 1, 2032.
(2) The department accepts the plan submitted by the hospital based on it being feasible to complete. The department shall not unreasonably reject the plan, unreasonably impose conditions on the acceptance of the plan, or unreasonably withhold or delay acceptance or rejection of the plan.
(b) If the department accepts the hospitals plan, the hospital shall report to the department, in the manner required by the department, on January 1 and July 1 of each year, on its progress to timely complete its plan to achieve substantial seismic compliance by January 1, 2032, commencing on July 1, 2024.
SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique financial challenges facing Alameda Hospital and the disruption of patient services that would occur without an extension of the 2030 compliance deadline. Alameda Hospital is the sole emergency department and acute care facility on the island of Alameda, California, with a population of over 70,000.
SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique financial challenges facing Alameda Hospital and the disruption of patient services that would occur without an extension of the 2030 compliance deadline. Alameda Hospital is the sole emergency department and acute care facility on the island of Alameda, California, with a population of over 70,000.
SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique financial challenges facing Alameda Hospital and the disruption of patient services that would occur without an extension of the 2030 compliance deadline. Alameda Hospital is the sole emergency department and acute care facility on the island of Alameda, California, with a population of over 70,000.
### SEC. 2.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
### SEC. 3.