| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | Amended IN Senate August 19, 2024 Amended IN Senate July 13, 2023 Amended IN Senate July 05, 2023 Amended IN Senate July 03, 2023 Amended IN Assembly May 26, 2023 Amended IN Assembly May 01, 2023 Amended IN Assembly April 19, 2023 Amended IN Assembly April 13, 2023 Amended IN Assembly March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1168Introduced by Assembly Member BennettFebruary 16, 2023An act to add Section 1797.232 to the Health and Safety Code, relating to emergency medical services.LEGISLATIVE COUNSEL'S DIGESTAB 1168, as amended, Bennett. Emergency medical services (EMS): prehospital EMS.Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, governs local emergency medical services (EMS) systems and authorizes each county to develop an EMS program and designate a local EMS agency. Existing law requires a county to enter into a written agreement with a city or fire district that contracted for or provided prehospital EMS as of June 1, 1980. Existing law requires, until that written agreement is reached, prehospital EMS to be continued at not less than the existing level and the administration of prehospital EMS by cities and fire districts contracting for or providing those services as of June 1, 1980, to be retained by those cities and fire districts.This bill would require a city to be treated as if it had retained its authorities regarding, and the administration of, prehospital EMS if specified requirements are met. If a joint powers agreement regarding prehospital EMS was initially executed on or after January 1, 2024, 2025, the bill would ensure a city or fire district retains its existing authorities regarding, and the administration of, prehospital EMS. The bill would set various conditions for a joint powers agreement, including, among other things, requiring uniform operational procedures for prehospital EMS throughout the EMS area or subarea covered by the agreement.Existing law defines exclusive operating area as an EMS area or subarea defined by the emergency medical services plan for which a local EMS agency, upon the recommendation of a county, restricts operations to one or more emergency ambulance services or providers, as specified. Existing law authorizes a local EMS agency to create one or more exclusive operating areas in the development of a local plan if a competitive process is utilized to select the provider or providers of the services pursuant to the plan.This bill would require the local EMS agency, if a citys assertion of its authorities regarding, and administration of, the prehospital EMS causes a local EMS area to no longer satisfy the requirements for an exclusive operating area as mentioned above, to provide a right of first refusal to the exclusive operating areas designated provider or providers to continue providing services in a new exclusive operating area composed of the remainder of the local EMS area outside of the city, which would be deemed an exclusive operating area created without a competitive process. The bill would authorize the county to provide prehospital EMS, including emergency ambulance services, as specified, in the remainder of the local EMS area on an exclusive basis if the designated provider or providers decline to continue services. The bill would require a specified city to enter into an agreement with the county to provide prehospital EMS, including emergency ambulance services, within the remainder of the local EMS area on an exclusive basis, as specified, if the county determines that specified options are not economically viable, would reduce the level or quality of care in the remainder of the local EMS area, or are not in the countys best interests. The bill would require the parties developing contracts pursuant to these provisions to collaborate on response time standards for the local EMS area, and would require those standards to meet or exceed the response time standards previously established by the local EMS agency for that area. By creating new duties for local EMS agencies, the 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, 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.The bill would become operative only if AB 716 of the 202324 Regular Session is enacted and takes effect on or before January 1, 2024.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 1797.232 is added to the Health and Safety Code, to read:1797.232. (a) Notwithstanding City of Oxnard v. County of Ventura (2021) 71 Cal.App.5th 1010, a city shall be treated as if it had retained its authorities regarding, and administration of, prehospital emergency medical services (EMS) ambulance services within the citys territorial jurisdiction pursuant to Section 1797.201, only if all of the following requirements are satisfied:(1) The city became a party to a joint powers agreement regarding ambulance services before the enactment of this chapter.(2) The joint powers agreement provided a county with the sole authority to contract with ambulance service providers on behalf of the other parties to the joint powers agreement.(3) On December 17, 2020, the city provided notice of its withdrawal from the joint powers agreement, effective July 1, 2021.(4) The city ceased to contract for, provide, or administer prehospital EMS ambulance services on or before December 31, 2022.(b) (1) A joint powers agreement regarding prehospital EMS initially executed on or after January 1, 2024, 2025, between a county board of supervisors and a city or fire district, shall not be construed as a written agreement with the city or fire district regarding the provision of prehospital emergency medical services for that city or fire district within the meaning of Section 1797.201, and the city or fire district shall retain its existing authorities regarding, and administration of, of the prehospital EMS pursuant to Section 1797.201, if any, following entry into the joint powers agreement. The joint powers agreement shall provide terms to address the withdrawal of the city or fire district from the agreement and the effect of a withdrawal on the EMS system and exclusive operating areas, if any.(2) The following shall apply to a joint powers agreement developed pursuant to paragraph (1):(A) The joint powers agreement shall provide terms to address the withdrawal of the city or fire district from the agreement.(B) The joint powers agreement shall provide, and the parties to the agreement shall be subject to, uniform operational procedures for prehospital EMS throughout the EMS area or subarea covered by the agreement.(C) Prehospital EMS under the joint powers agreement shall be subject to, and comply with, EMS system requirements and local EMS agency policies, procedures, and protocols, including, but not limited to, data collection and evaluation.(D) The local EMS agency shall coordinate with the county and the city or fire district in the development of the joint powers agreement and shall monitor performance of prehospital EMS under the agreement.(E) The entry into a joint powers agreement as described in this subdivision shall not alter, modify, abridge, diminish, create, or enlarge any rights, authorities, or obligations by any party to the joint powers agreement or any third party, including, but not limited to, any rights, authorities, or obligations pursuant to Section 1797.201, 1797.224, or 1798.(c) If a citys assertion of its authorities regarding, and administration of, the prehospital EMS pursuant to Section 1797.201 under subdivision (a) of this section causes a local EMS area that is currently designated as an exclusive operating area by the local EMS agency to no longer satisfy the requirements for an exclusive operating area under Sections Section 1797.85 or 1797.224, all of the following shall apply:(1) The local EMS agency shall provide a right of first refusal to the exclusive operating areas designated provider or providers to continue providing services in a new exclusive operating area composed of the remainder of the local EMS area outside of the city, which shall be deemed an exclusive operating area created without a competitive process under Sections Section 1797.85 or 1797.224.(2) If the designated provider or providers decline to continue services under paragraph (1), the county may provide prehospital EMS, including emergency ambulance services, in the remainder of the local EMS area on an exclusive basis by doing one of the following:(A) Assigning the duty of providing such services to the county fire department or a separate county department created for those purposes.(B) Creating a new exclusive operating area, which shall encompass, at minimum, the remainder of the local EMS area, through a competitive process under Section 1797.224. The exclusive operating area shall not include the city specified in subdivision (a), unless that city is selected to be the provider of the exclusive operating area pursuant to the competitive process.(3) If the county determines that the options in paragraph (2) are not economically viable, would reduce the level or quality of care available in the remainder of the local EMS area, or are not in the countys best interests, then the city specified in subdivision (a) shall enter an agreement with the county to provide prehospital EMS, including emergency ambulance services, within the remainder of the local EMS area on an exclusive basis consistent with subdivision (e) of Section 14136 of the Welfare and Institutions Code.(4) In developing contracts pursuant to this subdivision, the contracting parties shall collaborate on response time standards for the local EMS area, which shall meet or exceed the response time standards previously established by the local EMS agency for that area.(5) Contracts developed pursuant to this subdivision shall include the local EMS agencys EMS system requirements and the response time standards from paragraph (4).(6) (A) A contract, or subcontract for emergency ambulance services, developed pursuant to this subdivision shall comply with the requirements of subdivisions (c) and (d) of Section 1797.230 and subdivisions (b), (c), and (d) of Section 1797.231, and, to the extent allowed by law, provide for the recruitment, and preservation of the seniority status, of the incumbent workforce.(B) If the incumbent workforce is represented by a recognized employee organization or official representative, the contractor shall do both of the following:(i) Meet with the incumbent workforces recognized employee organization or official representative to review and discuss the collective bargaining agreement for the incumbent workforce.(ii) Request and review any other existing collective bargaining agreements for ambulance service employees in the region.(C) Prior to the county entering into a contract with the contractor developed pursuant to this subdivision, the contractor shall certify compliance with this paragraph.(D) For the purposes of this paragraph, contractor means the designated provider or providers under paragraph (1), a county fire department or other county department created for these purposes pursuant to subparagraph (A) of paragraph (2), a provider selected to serve a new exclusive operating area consistent with subparagraph (B) of paragraph (2), or the city described in paragraph (3).(7) If the designated provider or providers decline to continue services under paragraph (1), the city specified in subdivision (a) shall provide services within the local EMS area until the time the county completes the requirements in paragraphs (2) to (5), inclusive, pursuant to the same contractual, permitting, or regulatory terms, conditions, and requirements of the county for that area, except as otherwise agreed to by the county and the city.(d) For purposes of this section, joint powers agreement means an agreement for the joint exercise of powers under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.(e) This section does not affect, modify, limit, or otherwise impair the medical control of the medical director of a local EMS agency granted under this division, including, but not limited to, Chapter 5 (commencing with Section 1798).(f) This section does not affect, modify, limit, or otherwise impair or enlarge the local EMS agencys ability to set response time standards for all providers within a local EMS area.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.SEC. 3.This act shall become operative only if Assembly Bill 716 of the 202324 Regular Session is enacted and takes effect on or before January 1, 2024. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate August 19, 2024 Amended IN Senate July 13, 2023 Amended IN Senate July 05, 2023 Amended IN Senate July 03, 2023 Amended IN Assembly May 26, 2023 Amended IN Assembly May 01, 2023 Amended IN Assembly April 19, 2023 Amended IN Assembly April 13, 2023 Amended IN Assembly March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1168Introduced by Assembly Member BennettFebruary 16, 2023An act to add Section 1797.232 to the Health and Safety Code, relating to emergency medical services.LEGISLATIVE COUNSEL'S DIGESTAB 1168, as amended, Bennett. Emergency medical services (EMS): prehospital EMS.Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, governs local emergency medical services (EMS) systems and authorizes each county to develop an EMS program and designate a local EMS agency. Existing law requires a county to enter into a written agreement with a city or fire district that contracted for or provided prehospital EMS as of June 1, 1980. Existing law requires, until that written agreement is reached, prehospital EMS to be continued at not less than the existing level and the administration of prehospital EMS by cities and fire districts contracting for or providing those services as of June 1, 1980, to be retained by those cities and fire districts.This bill would require a city to be treated as if it had retained its authorities regarding, and the administration of, prehospital EMS if specified requirements are met. If a joint powers agreement regarding prehospital EMS was initially executed on or after January 1, 2024, 2025, the bill would ensure a city or fire district retains its existing authorities regarding, and the administration of, prehospital EMS. The bill would set various conditions for a joint powers agreement, including, among other things, requiring uniform operational procedures for prehospital EMS throughout the EMS area or subarea covered by the agreement.Existing law defines exclusive operating area as an EMS area or subarea defined by the emergency medical services plan for which a local EMS agency, upon the recommendation of a county, restricts operations to one or more emergency ambulance services or providers, as specified. Existing law authorizes a local EMS agency to create one or more exclusive operating areas in the development of a local plan if a competitive process is utilized to select the provider or providers of the services pursuant to the plan.This bill would require the local EMS agency, if a citys assertion of its authorities regarding, and administration of, the prehospital EMS causes a local EMS area to no longer satisfy the requirements for an exclusive operating area as mentioned above, to provide a right of first refusal to the exclusive operating areas designated provider or providers to continue providing services in a new exclusive operating area composed of the remainder of the local EMS area outside of the city, which would be deemed an exclusive operating area created without a competitive process. The bill would authorize the county to provide prehospital EMS, including emergency ambulance services, as specified, in the remainder of the local EMS area on an exclusive basis if the designated provider or providers decline to continue services. The bill would require a specified city to enter into an agreement with the county to provide prehospital EMS, including emergency ambulance services, within the remainder of the local EMS area on an exclusive basis, as specified, if the county determines that specified options are not economically viable, would reduce the level or quality of care in the remainder of the local EMS area, or are not in the countys best interests. The bill would require the parties developing contracts pursuant to these provisions to collaborate on response time standards for the local EMS area, and would require those standards to meet or exceed the response time standards previously established by the local EMS agency for that area. By creating new duties for local EMS agencies, the 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, 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.The bill would become operative only if AB 716 of the 202324 Regular Session is enacted and takes effect on or before January 1, 2024.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate August 19, 2024 Amended IN Senate July 13, 2023 Amended IN Senate July 05, 2023 Amended IN Senate July 03, 2023 Amended IN Assembly May 26, 2023 Amended IN Assembly May 01, 2023 Amended IN Assembly April 19, 2023 Amended IN Assembly April 13, 2023 Amended IN Assembly March 16, 2023 | |
| 6 | 6 | ||
| 7 | - | Enrolled August 29, 2024 | |
| 8 | - | Passed IN Senate August 26, 2024 | |
| 9 | - | Passed IN Assembly August 27, 2024 | |
| 10 | 7 | Amended IN Senate August 19, 2024 | |
| 11 | 8 | Amended IN Senate July 13, 2023 | |
| 12 | 9 | Amended IN Senate July 05, 2023 | |
| 13 | 10 | Amended IN Senate July 03, 2023 | |
| 14 | 11 | Amended IN Assembly May 26, 2023 | |
| 15 | 12 | Amended IN Assembly May 01, 2023 | |
| 16 | 13 | Amended IN Assembly April 19, 2023 | |
| 17 | 14 | Amended IN Assembly April 13, 2023 | |
| 18 | 15 | Amended IN Assembly March 16, 2023 | |
| 19 | 16 | ||
| 20 | 17 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 21 | 18 | ||
| 22 | 19 | Assembly Bill | |
| 23 | 20 | ||
| 24 | 21 | No. 1168 | |
| 25 | 22 | ||
| 26 | 23 | Introduced by Assembly Member BennettFebruary 16, 2023 | |
| 27 | 24 | ||
| 28 | 25 | Introduced by Assembly Member Bennett | |
| 29 | 26 | February 16, 2023 | |
| 30 | 27 | ||
| 31 | 28 | An act to add Section 1797.232 to the Health and Safety Code, relating to emergency medical services. | |
| 32 | 29 | ||
| 33 | 30 | LEGISLATIVE COUNSEL'S DIGEST | |
| 34 | 31 | ||
| 35 | 32 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 36 | 33 | ||
| 37 | - | AB 1168, Bennett. Emergency medical services (EMS): prehospital EMS. | |
| 34 | + | AB 1168, as amended, Bennett. Emergency medical services (EMS): prehospital EMS. | |
| 38 | 35 | ||
| 39 | - | Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, governs local emergency medical services (EMS) systems and authorizes each county to develop an EMS program and designate a local EMS agency. Existing law requires a county to enter into a written agreement with a city or fire district that contracted for or provided prehospital EMS as of June 1, 1980. Existing law requires, until that written agreement is reached, prehospital EMS to be continued at not less than the existing level and the administration of prehospital EMS by cities and fire districts contracting for or providing those services as of June 1, 1980, to be retained by those cities and fire districts.This bill would require a city to be treated as if it had retained its authorities regarding, and the administration of, prehospital EMS if specified requirements are met. If a joint powers agreement regarding prehospital EMS was initially executed on or after January 1, 2025, the bill would ensure a city or fire district retains its existing authorities regarding, and the administration of, prehospital EMS. The bill would set various conditions for a joint powers agreement, including, among other things, requiring uniform operational procedures for prehospital EMS throughout the EMS area or subarea covered by the agreement.Existing law defines exclusive operating area as an EMS area or subarea defined by the emergency medical services plan for which a local EMS agency, upon the recommendation of a county, restricts operations to one or more emergency ambulance services or providers, as specified. Existing law authorizes a local EMS agency to create one or more exclusive operating areas in the development of a local plan if a competitive process is utilized to select the provider or providers of the services pursuant to the plan.This bill would require the local EMS agency, if a citys assertion of its authorities regarding, and administration of, the prehospital EMS causes a local EMS area to no longer satisfy the requirements for an exclusive operating area as mentioned above, to provide a right of first refusal to the exclusive operating areas designated provider or providers to continue providing services in a new exclusive operating area composed of the remainder of the local EMS area outside of the city, which would be deemed an exclusive operating area created without a competitive process. The bill would authorize the county to provide prehospital EMS, including emergency ambulance services, as specified, in the remainder of the local EMS area on an exclusive basis if the designated provider or providers decline to continue services. The bill would require a specified city to enter into an agreement with the county to provide prehospital EMS, including emergency ambulance services, within the remainder of the local EMS area on an exclusive basis, as specified, if the county determines that specified options are not economically viable, would reduce the level or quality of care in the remainder of the local EMS area, or are not in the countys best interests. The bill would require the parties developing contracts pursuant to these provisions to collaborate on response time standards for the local EMS area, and would require those standards to meet or exceed the response time standards previously established by the local EMS agency for that area. By creating new duties for local EMS agencies, the 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, 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. | |
| 36 | + | Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, governs local emergency medical services (EMS) systems and authorizes each county to develop an EMS program and designate a local EMS agency. Existing law requires a county to enter into a written agreement with a city or fire district that contracted for or provided prehospital EMS as of June 1, 1980. Existing law requires, until that written agreement is reached, prehospital EMS to be continued at not less than the existing level and the administration of prehospital EMS by cities and fire districts contracting for or providing those services as of June 1, 1980, to be retained by those cities and fire districts.This bill would require a city to be treated as if it had retained its authorities regarding, and the administration of, prehospital EMS if specified requirements are met. If a joint powers agreement regarding prehospital EMS was initially executed on or after January 1, 2024, 2025, the bill would ensure a city or fire district retains its existing authorities regarding, and the administration of, prehospital EMS. The bill would set various conditions for a joint powers agreement, including, among other things, requiring uniform operational procedures for prehospital EMS throughout the EMS area or subarea covered by the agreement.Existing law defines exclusive operating area as an EMS area or subarea defined by the emergency medical services plan for which a local EMS agency, upon the recommendation of a county, restricts operations to one or more emergency ambulance services or providers, as specified. Existing law authorizes a local EMS agency to create one or more exclusive operating areas in the development of a local plan if a competitive process is utilized to select the provider or providers of the services pursuant to the plan.This bill would require the local EMS agency, if a citys assertion of its authorities regarding, and administration of, the prehospital EMS causes a local EMS area to no longer satisfy the requirements for an exclusive operating area as mentioned above, to provide a right of first refusal to the exclusive operating areas designated provider or providers to continue providing services in a new exclusive operating area composed of the remainder of the local EMS area outside of the city, which would be deemed an exclusive operating area created without a competitive process. The bill would authorize the county to provide prehospital EMS, including emergency ambulance services, as specified, in the remainder of the local EMS area on an exclusive basis if the designated provider or providers decline to continue services. The bill would require a specified city to enter into an agreement with the county to provide prehospital EMS, including emergency ambulance services, within the remainder of the local EMS area on an exclusive basis, as specified, if the county determines that specified options are not economically viable, would reduce the level or quality of care in the remainder of the local EMS area, or are not in the countys best interests. The bill would require the parties developing contracts pursuant to these provisions to collaborate on response time standards for the local EMS area, and would require those standards to meet or exceed the response time standards previously established by the local EMS agency for that area. By creating new duties for local EMS agencies, the 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, 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.The bill would become operative only if AB 716 of the 202324 Regular Session is enacted and takes effect on or before January 1, 2024. | |
| 40 | 37 | ||
| 41 | 38 | Existing law, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act, governs local emergency medical services (EMS) systems and authorizes each county to develop an EMS program and designate a local EMS agency. Existing law requires a county to enter into a written agreement with a city or fire district that contracted for or provided prehospital EMS as of June 1, 1980. Existing law requires, until that written agreement is reached, prehospital EMS to be continued at not less than the existing level and the administration of prehospital EMS by cities and fire districts contracting for or providing those services as of June 1, 1980, to be retained by those cities and fire districts. | |
| 42 | 39 | ||
| 43 | - | This bill would require a city to be treated as if it had retained its authorities regarding, and the administration of, prehospital EMS if specified requirements are met. If a joint powers agreement regarding prehospital EMS was initially executed on or after January 1, 2025, the bill would ensure a city or fire district retains its existing authorities regarding, and the administration of, prehospital EMS. The bill would set various conditions for a joint powers agreement, including, among other things, requiring uniform operational procedures for prehospital EMS throughout the EMS area or subarea covered by the agreement. | |
| 40 | + | This bill would require a city to be treated as if it had retained its authorities regarding, and the administration of, prehospital EMS if specified requirements are met. If a joint powers agreement regarding prehospital EMS was initially executed on or after January 1, 2024, 2025, the bill would ensure a city or fire district retains its existing authorities regarding, and the administration of, prehospital EMS. The bill would set various conditions for a joint powers agreement, including, among other things, requiring uniform operational procedures for prehospital EMS throughout the EMS area or subarea covered by the agreement. | |
| 44 | 41 | ||
| 45 | 42 | Existing law defines exclusive operating area as an EMS area or subarea defined by the emergency medical services plan for which a local EMS agency, upon the recommendation of a county, restricts operations to one or more emergency ambulance services or providers, as specified. Existing law authorizes a local EMS agency to create one or more exclusive operating areas in the development of a local plan if a competitive process is utilized to select the provider or providers of the services pursuant to the plan. | |
| 46 | 43 | ||
| 47 | 44 | This bill would require the local EMS agency, if a citys assertion of its authorities regarding, and administration of, the prehospital EMS causes a local EMS area to no longer satisfy the requirements for an exclusive operating area as mentioned above, to provide a right of first refusal to the exclusive operating areas designated provider or providers to continue providing services in a new exclusive operating area composed of the remainder of the local EMS area outside of the city, which would be deemed an exclusive operating area created without a competitive process. The bill would authorize the county to provide prehospital EMS, including emergency ambulance services, as specified, in the remainder of the local EMS area on an exclusive basis if the designated provider or providers decline to continue services. The bill would require a specified city to enter into an agreement with the county to provide prehospital EMS, including emergency ambulance services, within the remainder of the local EMS area on an exclusive basis, as specified, if the county determines that specified options are not economically viable, would reduce the level or quality of care in the remainder of the local EMS area, or are not in the countys best interests. The bill would require the parties developing contracts pursuant to these provisions to collaborate on response time standards for the local EMS area, and would require those standards to meet or exceed the response time standards previously established by the local EMS agency for that area. By creating new duties for local EMS agencies, the bill would impose a state-mandated local program. | |
| 48 | 45 | ||
| 49 | 46 | 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. | |
| 50 | 47 | ||
| 51 | 48 | 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. | |
| 52 | 49 | ||
| 50 | + | The bill would become operative only if AB 716 of the 202324 Regular Session is enacted and takes effect on or before January 1, 2024. | |
| 51 | + | ||
| 52 | + | ||
| 53 | + | ||
| 53 | 54 | ## Digest Key | |
| 54 | 55 | ||
| 55 | 56 | ## Bill Text | |
| 56 | 57 | ||
| 57 | - | The people of the State of California do enact as follows:SECTION 1. Section 1797.232 is added to the Health and Safety Code, to read:1797.232. (a) Notwithstanding City of Oxnard v. County of Ventura (2021) 71 Cal.App.5th 1010, a city shall be treated as if it had retained its authorities regarding, and administration of, prehospital emergency medical services (EMS) ambulance services within the citys territorial jurisdiction pursuant to Section 1797.201, only if all of the following requirements are satisfied:(1) The city became a party to a joint powers agreement regarding ambulance services before the enactment of this chapter.(2) The joint powers agreement provided a county with the sole authority to contract with ambulance service providers on behalf of the other parties to the joint powers agreement.(3) On December 17, 2020, the city provided notice of its withdrawal from the joint powers agreement, effective July 1, 2021.(4) The city ceased to contract for, provide, or administer prehospital EMS ambulance services on or before December 31, 2022.(b) (1) A joint powers agreement regarding prehospital EMS initially executed on or after January 1, 2025, between a county board of supervisors and a city or fire district, shall not be construed as a written agreement with the city or fire district regarding the provision of prehospital emergency medical services for that city or fire district within the meaning of Section 1797.201, and the city or fire district shall retain its existing administration of the prehospital EMS pursuant to Section 1797.201, if any, following entry into the joint powers agreement.(2) The following shall apply to a joint powers agreement developed pursuant to paragraph (1):(A) The joint powers agreement shall provide terms to address the withdrawal of the city or fire district from the agreement.(B) The joint powers agreement shall provide, and the parties to the agreement shall be subject to, uniform operational procedures for prehospital EMS throughout the EMS area or subarea covered by the agreement.(C) Prehospital EMS under the joint powers agreement shall be subject to, and comply with, EMS system requirements and local EMS agency policies, procedures, and protocols, including, but not limited to, data collection and evaluation.(D) The local EMS agency shall coordinate with the county and the city or fire district in the development of the joint powers agreement and shall monitor performance of prehospital EMS under the agreement.(E) The entry into a joint powers agreement as described in this subdivision shall not alter, modify, abridge, diminish, create, or enlarge any rights, authorities, or obligations by any party to the joint powers agreement or any third party, including, but not limited to, any rights, authorities, or obligations pursuant to Section 1797.201, 1797.224, or 1798.(c) If a citys assertion of its authorities regarding, and administration of, the prehospital EMS pursuant to Section 1797.201 under subdivision (a) of this section causes a local EMS area that is currently designated as an exclusive operating area by the local EMS agency to no longer satisfy the requirements for an exclusive operating area under Section 1797.85 or 1797.224, all of the following shall apply:(1) The local EMS agency shall provide a right of first refusal to the exclusive operating areas designated provider or providers to continue providing services in a new exclusive operating area composed of the remainder of the local EMS area outside of the city, which shall be deemed an exclusive operating area created without a competitive process under Section 1797.85 or 1797.224.(2) If the designated provider or providers decline to continue services under paragraph (1), the county may provide prehospital EMS, including emergency ambulance services, in the remainder of the local EMS area on an exclusive basis by doing one of the following:(A) Assigning the duty of providing such services to the county fire department or a separate county department created for those purposes.(B) Creating a new exclusive operating area, which shall encompass, at minimum, the remainder of the local EMS area, through a competitive process under Section 1797.224. The exclusive operating area shall not include the city specified in subdivision (a), unless that city is selected to be the provider of the exclusive operating area pursuant to the competitive process.(3) If the county determines that the options in paragraph (2) are not economically viable, would reduce the level or quality of care available in the remainder of the local EMS area, or are not in the countys best interests, then the city specified in subdivision (a) shall enter an agreement with the county to provide prehospital EMS, including emergency ambulance services, within the remainder of the local EMS area on an exclusive basis consistent with subdivision (e) of Section 14136 of the Welfare and Institutions Code.(4) In developing contracts pursuant to this subdivision, the contracting parties shall collaborate on response time standards for the local EMS area, which shall meet or exceed the response time standards previously established by the local EMS agency for that area.(5) Contracts developed pursuant to this subdivision shall include the local EMS agencys EMS system requirements and the response time standards from paragraph (4).(6) (A) A contract, or subcontract for emergency ambulance services, developed pursuant to this subdivision shall comply with the requirements of subdivisions (c) and (d) of Section 1797.230 and subdivisions (b), (c), and (d) of Section 1797.231, and, to the extent allowed by law, provide for the recruitment, and preservation of the seniority status, of the incumbent workforce.(B) If the incumbent workforce is represented by a recognized employee organization or official representative, the contractor shall do both of the following:(i) Meet with the incumbent workforces recognized employee organization or official representative to review and discuss the collective bargaining agreement for the incumbent workforce.(ii) Request and review any other existing collective bargaining agreements for ambulance service employees in the region.(C) Prior to the county entering into a contract with the contractor developed pursuant to this subdivision, the contractor shall certify compliance with this paragraph.(D) For the purposes of this paragraph, contractor means the designated provider or providers under paragraph (1), a county fire department or other county department created for these purposes pursuant to subparagraph (A) of paragraph (2), a provider selected to serve a new exclusive operating area consistent with subparagraph (B) of paragraph (2), or the city described in paragraph (3).(7) If the designated provider or providers decline to continue services under paragraph (1), the city specified in subdivision (a) shall provide services within the local EMS area until the time the county completes the requirements in paragraphs (2) to (5), inclusive, pursuant to the same contractual, permitting, or regulatory terms, conditions, and requirements of the county for that area, except as otherwise agreed to by the county and the city.(d) For purposes of this section, joint powers agreement means an agreement for the joint exercise of powers under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.(e) This section does not affect, modify, limit, or otherwise impair the medical control of the medical director of a local EMS agency granted under this division, including, but not limited to, Chapter 5 (commencing with Section 1798).(f) This section does not affect, modify, limit, or otherwise impair or enlarge the local EMS agencys ability to set response time standards for all providers within a local EMS area.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. | |
| 58 | + | The people of the State of California do enact as follows:SECTION 1. Section 1797.232 is added to the Health and Safety Code, to read:1797.232. (a) Notwithstanding City of Oxnard v. County of Ventura (2021) 71 Cal.App.5th 1010, a city shall be treated as if it had retained its authorities regarding, and administration of, prehospital emergency medical services (EMS) ambulance services within the citys territorial jurisdiction pursuant to Section 1797.201, only if all of the following requirements are satisfied:(1) The city became a party to a joint powers agreement regarding ambulance services before the enactment of this chapter.(2) The joint powers agreement provided a county with the sole authority to contract with ambulance service providers on behalf of the other parties to the joint powers agreement.(3) On December 17, 2020, the city provided notice of its withdrawal from the joint powers agreement, effective July 1, 2021.(4) The city ceased to contract for, provide, or administer prehospital EMS ambulance services on or before December 31, 2022.(b) (1) A joint powers agreement regarding prehospital EMS initially executed on or after January 1, 2024, 2025, between a county board of supervisors and a city or fire district, shall not be construed as a written agreement with the city or fire district regarding the provision of prehospital emergency medical services for that city or fire district within the meaning of Section 1797.201, and the city or fire district shall retain its existing authorities regarding, and administration of, of the prehospital EMS pursuant to Section 1797.201, if any, following entry into the joint powers agreement. The joint powers agreement shall provide terms to address the withdrawal of the city or fire district from the agreement and the effect of a withdrawal on the EMS system and exclusive operating areas, if any.(2) The following shall apply to a joint powers agreement developed pursuant to paragraph (1):(A) The joint powers agreement shall provide terms to address the withdrawal of the city or fire district from the agreement.(B) The joint powers agreement shall provide, and the parties to the agreement shall be subject to, uniform operational procedures for prehospital EMS throughout the EMS area or subarea covered by the agreement.(C) Prehospital EMS under the joint powers agreement shall be subject to, and comply with, EMS system requirements and local EMS agency policies, procedures, and protocols, including, but not limited to, data collection and evaluation.(D) The local EMS agency shall coordinate with the county and the city or fire district in the development of the joint powers agreement and shall monitor performance of prehospital EMS under the agreement.(E) The entry into a joint powers agreement as described in this subdivision shall not alter, modify, abridge, diminish, create, or enlarge any rights, authorities, or obligations by any party to the joint powers agreement or any third party, including, but not limited to, any rights, authorities, or obligations pursuant to Section 1797.201, 1797.224, or 1798.(c) If a citys assertion of its authorities regarding, and administration of, the prehospital EMS pursuant to Section 1797.201 under subdivision (a) of this section causes a local EMS area that is currently designated as an exclusive operating area by the local EMS agency to no longer satisfy the requirements for an exclusive operating area under Sections Section 1797.85 or 1797.224, all of the following shall apply:(1) The local EMS agency shall provide a right of first refusal to the exclusive operating areas designated provider or providers to continue providing services in a new exclusive operating area composed of the remainder of the local EMS area outside of the city, which shall be deemed an exclusive operating area created without a competitive process under Sections Section 1797.85 or 1797.224.(2) If the designated provider or providers decline to continue services under paragraph (1), the county may provide prehospital EMS, including emergency ambulance services, in the remainder of the local EMS area on an exclusive basis by doing one of the following:(A) Assigning the duty of providing such services to the county fire department or a separate county department created for those purposes.(B) Creating a new exclusive operating area, which shall encompass, at minimum, the remainder of the local EMS area, through a competitive process under Section 1797.224. The exclusive operating area shall not include the city specified in subdivision (a), unless that city is selected to be the provider of the exclusive operating area pursuant to the competitive process.(3) If the county determines that the options in paragraph (2) are not economically viable, would reduce the level or quality of care available in the remainder of the local EMS area, or are not in the countys best interests, then the city specified in subdivision (a) shall enter an agreement with the county to provide prehospital EMS, including emergency ambulance services, within the remainder of the local EMS area on an exclusive basis consistent with subdivision (e) of Section 14136 of the Welfare and Institutions Code.(4) In developing contracts pursuant to this subdivision, the contracting parties shall collaborate on response time standards for the local EMS area, which shall meet or exceed the response time standards previously established by the local EMS agency for that area.(5) Contracts developed pursuant to this subdivision shall include the local EMS agencys EMS system requirements and the response time standards from paragraph (4).(6) (A) A contract, or subcontract for emergency ambulance services, developed pursuant to this subdivision shall comply with the requirements of subdivisions (c) and (d) of Section 1797.230 and subdivisions (b), (c), and (d) of Section 1797.231, and, to the extent allowed by law, provide for the recruitment, and preservation of the seniority status, of the incumbent workforce.(B) If the incumbent workforce is represented by a recognized employee organization or official representative, the contractor shall do both of the following:(i) Meet with the incumbent workforces recognized employee organization or official representative to review and discuss the collective bargaining agreement for the incumbent workforce.(ii) Request and review any other existing collective bargaining agreements for ambulance service employees in the region.(C) Prior to the county entering into a contract with the contractor developed pursuant to this subdivision, the contractor shall certify compliance with this paragraph.(D) For the purposes of this paragraph, contractor means the designated provider or providers under paragraph (1), a county fire department or other county department created for these purposes pursuant to subparagraph (A) of paragraph (2), a provider selected to serve a new exclusive operating area consistent with subparagraph (B) of paragraph (2), or the city described in paragraph (3).(7) If the designated provider or providers decline to continue services under paragraph (1), the city specified in subdivision (a) shall provide services within the local EMS area until the time the county completes the requirements in paragraphs (2) to (5), inclusive, pursuant to the same contractual, permitting, or regulatory terms, conditions, and requirements of the county for that area, except as otherwise agreed to by the county and the city.(d) For purposes of this section, joint powers agreement means an agreement for the joint exercise of powers under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.(e) This section does not affect, modify, limit, or otherwise impair the medical control of the medical director of a local EMS agency granted under this division, including, but not limited to, Chapter 5 (commencing with Section 1798).(f) This section does not affect, modify, limit, or otherwise impair or enlarge the local EMS agencys ability to set response time standards for all providers within a local EMS area.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.SEC. 3.This act shall become operative only if Assembly Bill 716 of the 202324 Regular Session is enacted and takes effect on or before January 1, 2024. | |
| 58 | 59 | ||
| 59 | 60 | The people of the State of California do enact as follows: | |
| 60 | 61 | ||
| 61 | 62 | ## The people of the State of California do enact as follows: | |
| 62 | 63 | ||
| 63 | - | SECTION 1. Section 1797.232 is added to the Health and Safety Code, to read:1797.232. (a) Notwithstanding City of Oxnard v. County of Ventura (2021) 71 Cal.App.5th 1010, a city shall be treated as if it had retained its authorities regarding, and administration of, prehospital emergency medical services (EMS) ambulance services within the citys territorial jurisdiction pursuant to Section 1797.201, only if all of the following requirements are satisfied:(1) The city became a party to a joint powers agreement regarding ambulance services before the enactment of this chapter.(2) The joint powers agreement provided a county with the sole authority to contract with ambulance service providers on behalf of the other parties to the joint powers agreement.(3) On December 17, 2020, the city provided notice of its withdrawal from the joint powers agreement, effective July 1, 2021.(4) The city ceased to contract for, provide, or administer prehospital EMS ambulance services on or before December 31, 2022.(b) (1) A joint powers agreement regarding prehospital EMS initially executed on or after January 1, 2025, between a county board of supervisors and a city or fire district, shall not be construed as a written agreement with the city or fire district regarding the provision of prehospital emergency medical services for that city or fire district within the meaning of Section 1797.201, and the city or fire district shall retain its existing administration of the prehospital EMS pursuant to Section 1797.201, if any, following entry into the joint powers agreement.(2) The following shall apply to a joint powers agreement developed pursuant to paragraph (1):(A) The joint powers agreement shall provide terms to address the withdrawal of the city or fire district from the agreement.(B) The joint powers agreement shall provide, and the parties to the agreement shall be subject to, uniform operational procedures for prehospital EMS throughout the EMS area or subarea covered by the agreement.(C) Prehospital EMS under the joint powers agreement shall be subject to, and comply with, EMS system requirements and local EMS agency policies, procedures, and protocols, including, but not limited to, data collection and evaluation.(D) The local EMS agency shall coordinate with the county and the city or fire district in the development of the joint powers agreement and shall monitor performance of prehospital EMS under the agreement.(E) The entry into a joint powers agreement as described in this subdivision shall not alter, modify, abridge, diminish, create, or enlarge any rights, authorities, or obligations by any party to the joint powers agreement or any third party, including, but not limited to, any rights, authorities, or obligations pursuant to Section 1797.201, 1797.224, or 1798.(c) If a citys assertion of its authorities regarding, and administration of, the prehospital EMS pursuant to Section 1797.201 under subdivision (a) of this section causes a local EMS area that is currently designated as an exclusive operating area by the local EMS agency to no longer satisfy the requirements for an exclusive operating area under Section 1797.85 or 1797.224, all of the following shall apply:(1) The local EMS agency shall provide a right of first refusal to the exclusive operating areas designated provider or providers to continue providing services in a new exclusive operating area composed of the remainder of the local EMS area outside of the city, which shall be deemed an exclusive operating area created without a competitive process under Section 1797.85 or 1797.224.(2) If the designated provider or providers decline to continue services under paragraph (1), the county may provide prehospital EMS, including emergency ambulance services, in the remainder of the local EMS area on an exclusive basis by doing one of the following:(A) Assigning the duty of providing such services to the county fire department or a separate county department created for those purposes.(B) Creating a new exclusive operating area, which shall encompass, at minimum, the remainder of the local EMS area, through a competitive process under Section 1797.224. The exclusive operating area shall not include the city specified in subdivision (a), unless that city is selected to be the provider of the exclusive operating area pursuant to the competitive process.(3) If the county determines that the options in paragraph (2) are not economically viable, would reduce the level or quality of care available in the remainder of the local EMS area, or are not in the countys best interests, then the city specified in subdivision (a) shall enter an agreement with the county to provide prehospital EMS, including emergency ambulance services, within the remainder of the local EMS area on an exclusive basis consistent with subdivision (e) of Section 14136 of the Welfare and Institutions Code.(4) In developing contracts pursuant to this subdivision, the contracting parties shall collaborate on response time standards for the local EMS area, which shall meet or exceed the response time standards previously established by the local EMS agency for that area.(5) Contracts developed pursuant to this subdivision shall include the local EMS agencys EMS system requirements and the response time standards from paragraph (4).(6) (A) A contract, or subcontract for emergency ambulance services, developed pursuant to this subdivision shall comply with the requirements of subdivisions (c) and (d) of Section 1797.230 and subdivisions (b), (c), and (d) of Section 1797.231, and, to the extent allowed by law, provide for the recruitment, and preservation of the seniority status, of the incumbent workforce.(B) If the incumbent workforce is represented by a recognized employee organization or official representative, the contractor shall do both of the following:(i) Meet with the incumbent workforces recognized employee organization or official representative to review and discuss the collective bargaining agreement for the incumbent workforce.(ii) Request and review any other existing collective bargaining agreements for ambulance service employees in the region.(C) Prior to the county entering into a contract with the contractor developed pursuant to this subdivision, the contractor shall certify compliance with this paragraph.(D) For the purposes of this paragraph, contractor means the designated provider or providers under paragraph (1), a county fire department or other county department created for these purposes pursuant to subparagraph (A) of paragraph (2), a provider selected to serve a new exclusive operating area consistent with subparagraph (B) of paragraph (2), or the city described in paragraph (3).(7) If the designated provider or providers decline to continue services under paragraph (1), the city specified in subdivision (a) shall provide services within the local EMS area until the time the county completes the requirements in paragraphs (2) to (5), inclusive, pursuant to the same contractual, permitting, or regulatory terms, conditions, and requirements of the county for that area, except as otherwise agreed to by the county and the city.(d) For purposes of this section, joint powers agreement means an agreement for the joint exercise of powers under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.(e) This section does not affect, modify, limit, or otherwise impair the medical control of the medical director of a local EMS agency granted under this division, including, but not limited to, Chapter 5 (commencing with Section 1798).(f) This section does not affect, modify, limit, or otherwise impair or enlarge the local EMS agencys ability to set response time standards for all providers within a local EMS area. | |
| 64 | + | SECTION 1. Section 1797.232 is added to the Health and Safety Code, to read:1797.232. (a) Notwithstanding City of Oxnard v. County of Ventura (2021) 71 Cal.App.5th 1010, a city shall be treated as if it had retained its authorities regarding, and administration of, prehospital emergency medical services (EMS) ambulance services within the citys territorial jurisdiction pursuant to Section 1797.201, only if all of the following requirements are satisfied:(1) The city became a party to a joint powers agreement regarding ambulance services before the enactment of this chapter.(2) The joint powers agreement provided a county with the sole authority to contract with ambulance service providers on behalf of the other parties to the joint powers agreement.(3) On December 17, 2020, the city provided notice of its withdrawal from the joint powers agreement, effective July 1, 2021.(4) The city ceased to contract for, provide, or administer prehospital EMS ambulance services on or before December 31, 2022.(b) (1) A joint powers agreement regarding prehospital EMS initially executed on or after January 1, 2024, 2025, between a county board of supervisors and a city or fire district, shall not be construed as a written agreement with the city or fire district regarding the provision of prehospital emergency medical services for that city or fire district within the meaning of Section 1797.201, and the city or fire district shall retain its existing authorities regarding, and administration of, of the prehospital EMS pursuant to Section 1797.201, if any, following entry into the joint powers agreement. The joint powers agreement shall provide terms to address the withdrawal of the city or fire district from the agreement and the effect of a withdrawal on the EMS system and exclusive operating areas, if any.(2) The following shall apply to a joint powers agreement developed pursuant to paragraph (1):(A) The joint powers agreement shall provide terms to address the withdrawal of the city or fire district from the agreement.(B) The joint powers agreement shall provide, and the parties to the agreement shall be subject to, uniform operational procedures for prehospital EMS throughout the EMS area or subarea covered by the agreement.(C) Prehospital EMS under the joint powers agreement shall be subject to, and comply with, EMS system requirements and local EMS agency policies, procedures, and protocols, including, but not limited to, data collection and evaluation.(D) The local EMS agency shall coordinate with the county and the city or fire district in the development of the joint powers agreement and shall monitor performance of prehospital EMS under the agreement.(E) The entry into a joint powers agreement as described in this subdivision shall not alter, modify, abridge, diminish, create, or enlarge any rights, authorities, or obligations by any party to the joint powers agreement or any third party, including, but not limited to, any rights, authorities, or obligations pursuant to Section 1797.201, 1797.224, or 1798.(c) If a citys assertion of its authorities regarding, and administration of, the prehospital EMS pursuant to Section 1797.201 under subdivision (a) of this section causes a local EMS area that is currently designated as an exclusive operating area by the local EMS agency to no longer satisfy the requirements for an exclusive operating area under Sections Section 1797.85 or 1797.224, all of the following shall apply:(1) The local EMS agency shall provide a right of first refusal to the exclusive operating areas designated provider or providers to continue providing services in a new exclusive operating area composed of the remainder of the local EMS area outside of the city, which shall be deemed an exclusive operating area created without a competitive process under Sections Section 1797.85 or 1797.224.(2) If the designated provider or providers decline to continue services under paragraph (1), the county may provide prehospital EMS, including emergency ambulance services, in the remainder of the local EMS area on an exclusive basis by doing one of the following:(A) Assigning the duty of providing such services to the county fire department or a separate county department created for those purposes.(B) Creating a new exclusive operating area, which shall encompass, at minimum, the remainder of the local EMS area, through a competitive process under Section 1797.224. The exclusive operating area shall not include the city specified in subdivision (a), unless that city is selected to be the provider of the exclusive operating area pursuant to the competitive process.(3) If the county determines that the options in paragraph (2) are not economically viable, would reduce the level or quality of care available in the remainder of the local EMS area, or are not in the countys best interests, then the city specified in subdivision (a) shall enter an agreement with the county to provide prehospital EMS, including emergency ambulance services, within the remainder of the local EMS area on an exclusive basis consistent with subdivision (e) of Section 14136 of the Welfare and Institutions Code.(4) In developing contracts pursuant to this subdivision, the contracting parties shall collaborate on response time standards for the local EMS area, which shall meet or exceed the response time standards previously established by the local EMS agency for that area.(5) Contracts developed pursuant to this subdivision shall include the local EMS agencys EMS system requirements and the response time standards from paragraph (4).(6) (A) A contract, or subcontract for emergency ambulance services, developed pursuant to this subdivision shall comply with the requirements of subdivisions (c) and (d) of Section 1797.230 and subdivisions (b), (c), and (d) of Section 1797.231, and, to the extent allowed by law, provide for the recruitment, and preservation of the seniority status, of the incumbent workforce.(B) If the incumbent workforce is represented by a recognized employee organization or official representative, the contractor shall do both of the following:(i) Meet with the incumbent workforces recognized employee organization or official representative to review and discuss the collective bargaining agreement for the incumbent workforce.(ii) Request and review any other existing collective bargaining agreements for ambulance service employees in the region.(C) Prior to the county entering into a contract with the contractor developed pursuant to this subdivision, the contractor shall certify compliance with this paragraph.(D) For the purposes of this paragraph, contractor means the designated provider or providers under paragraph (1), a county fire department or other county department created for these purposes pursuant to subparagraph (A) of paragraph (2), a provider selected to serve a new exclusive operating area consistent with subparagraph (B) of paragraph (2), or the city described in paragraph (3).(7) If the designated provider or providers decline to continue services under paragraph (1), the city specified in subdivision (a) shall provide services within the local EMS area until the time the county completes the requirements in paragraphs (2) to (5), inclusive, pursuant to the same contractual, permitting, or regulatory terms, conditions, and requirements of the county for that area, except as otherwise agreed to by the county and the city.(d) For purposes of this section, joint powers agreement means an agreement for the joint exercise of powers under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.(e) This section does not affect, modify, limit, or otherwise impair the medical control of the medical director of a local EMS agency granted under this division, including, but not limited to, Chapter 5 (commencing with Section 1798).(f) This section does not affect, modify, limit, or otherwise impair or enlarge the local EMS agencys ability to set response time standards for all providers within a local EMS area. | |
| 64 | 65 | ||
| 65 | 66 | SECTION 1. Section 1797.232 is added to the Health and Safety Code, to read: | |
| 66 | 67 | ||
| 67 | 68 | ### SECTION 1. | |
| 68 | 69 | ||
| 69 | - | 1797.232. (a) Notwithstanding City of Oxnard v. County of Ventura (2021) 71 Cal.App.5th 1010, a city shall be treated as if it had retained its authorities regarding, and administration of, prehospital emergency medical services (EMS) ambulance services within the citys territorial jurisdiction pursuant to Section 1797.201, only if all of the following requirements are satisfied:(1) The city became a party to a joint powers agreement regarding ambulance services before the enactment of this chapter.(2) The joint powers agreement provided a county with the sole authority to contract with ambulance service providers on behalf of the other parties to the joint powers agreement.(3) On December 17, 2020, the city provided notice of its withdrawal from the joint powers agreement, effective July 1, 2021.(4) The city ceased to contract for, provide, or administer prehospital EMS ambulance services on or before December 31, 2022.(b) (1) A joint powers agreement regarding prehospital EMS initially executed on or after January 1, 2025, between a county board of supervisors and a city or fire district, shall not be construed as a written agreement with the city or fire district regarding the provision of prehospital emergency medical services for that city or fire district within the meaning of Section 1797.201, and the city or fire district shall retain its existing administration of the prehospital EMS pursuant to Section 1797.201, if any, following entry into the joint powers agreement.(2) The following shall apply to a joint powers agreement developed pursuant to paragraph (1):(A) The joint powers agreement shall provide terms to address the withdrawal of the city or fire district from the agreement.(B) The joint powers agreement shall provide, and the parties to the agreement shall be subject to, uniform operational procedures for prehospital EMS throughout the EMS area or subarea covered by the agreement.(C) Prehospital EMS under the joint powers agreement shall be subject to, and comply with, EMS system requirements and local EMS agency policies, procedures, and protocols, including, but not limited to, data collection and evaluation.(D) The local EMS agency shall coordinate with the county and the city or fire district in the development of the joint powers agreement and shall monitor performance of prehospital EMS under the agreement.(E) The entry into a joint powers agreement as described in this subdivision shall not alter, modify, abridge, diminish, create, or enlarge any rights, authorities, or obligations by any party to the joint powers agreement or any third party, including, but not limited to, any rights, authorities, or obligations pursuant to Section 1797.201, 1797.224, or 1798.(c) If a citys assertion of its authorities regarding, and administration of, the prehospital EMS pursuant to Section 1797.201 under subdivision (a) of this section causes a local EMS area that is currently designated as an exclusive operating area by the local EMS agency to no longer satisfy the requirements for an exclusive operating area under Section 1797.85 or 1797.224, all of the following shall apply:(1) The local EMS agency shall provide a right of first refusal to the exclusive operating areas designated provider or providers to continue providing services in a new exclusive operating area composed of the remainder of the local EMS area outside of the city, which shall be deemed an exclusive operating area created without a competitive process under Section 1797.85 or 1797.224.(2) If the designated provider or providers decline to continue services under paragraph (1), the county may provide prehospital EMS, including emergency ambulance services, in the remainder of the local EMS area on an exclusive basis by doing one of the following:(A) Assigning the duty of providing such services to the county fire department or a separate county department created for those purposes.(B) Creating a new exclusive operating area, which shall encompass, at minimum, the remainder of the local EMS area, through a competitive process under Section 1797.224. The exclusive operating area shall not include the city specified in subdivision (a), unless that city is selected to be the provider of the exclusive operating area pursuant to the competitive process.(3) If the county determines that the options in paragraph (2) are not economically viable, would reduce the level or quality of care available in the remainder of the local EMS area, or are not in the countys best interests, then the city specified in subdivision (a) shall enter an agreement with the county to provide prehospital EMS, including emergency ambulance services, within the remainder of the local EMS area on an exclusive basis consistent with subdivision (e) of Section 14136 of the Welfare and Institutions Code.(4) In developing contracts pursuant to this subdivision, the contracting parties shall collaborate on response time standards for the local EMS area, which shall meet or exceed the response time standards previously established by the local EMS agency for that area.(5) Contracts developed pursuant to this subdivision shall include the local EMS agencys EMS system requirements and the response time standards from paragraph (4).(6) (A) A contract, or subcontract for emergency ambulance services, developed pursuant to this subdivision shall comply with the requirements of subdivisions (c) and (d) of Section 1797.230 and subdivisions (b), (c), and (d) of Section 1797.231, and, to the extent allowed by law, provide for the recruitment, and preservation of the seniority status, of the incumbent workforce.(B) If the incumbent workforce is represented by a recognized employee organization or official representative, the contractor shall do both of the following:(i) Meet with the incumbent workforces recognized employee organization or official representative to review and discuss the collective bargaining agreement for the incumbent workforce.(ii) Request and review any other existing collective bargaining agreements for ambulance service employees in the region.(C) Prior to the county entering into a contract with the contractor developed pursuant to this subdivision, the contractor shall certify compliance with this paragraph.(D) For the purposes of this paragraph, contractor means the designated provider or providers under paragraph (1), a county fire department or other county department created for these purposes pursuant to subparagraph (A) of paragraph (2), a provider selected to serve a new exclusive operating area consistent with subparagraph (B) of paragraph (2), or the city described in paragraph (3).(7) If the designated provider or providers decline to continue services under paragraph (1), the city specified in subdivision (a) shall provide services within the local EMS area until the time the county completes the requirements in paragraphs (2) to (5), inclusive, pursuant to the same contractual, permitting, or regulatory terms, conditions, and requirements of the county for that area, except as otherwise agreed to by the county and the city.(d) For purposes of this section, joint powers agreement means an agreement for the joint exercise of powers under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.(e) This section does not affect, modify, limit, or otherwise impair the medical control of the medical director of a local EMS agency granted under this division, including, but not limited to, Chapter 5 (commencing with Section 1798).(f) This section does not affect, modify, limit, or otherwise impair or enlarge the local EMS agencys ability to set response time standards for all providers within a local EMS area. | |
| 70 | + | 1797.232. (a) Notwithstanding City of Oxnard v. County of Ventura (2021) 71 Cal.App.5th 1010, a city shall be treated as if it had retained its authorities regarding, and administration of, prehospital emergency medical services (EMS) ambulance services within the citys territorial jurisdiction pursuant to Section 1797.201, only if all of the following requirements are satisfied:(1) The city became a party to a joint powers agreement regarding ambulance services before the enactment of this chapter.(2) The joint powers agreement provided a county with the sole authority to contract with ambulance service providers on behalf of the other parties to the joint powers agreement.(3) On December 17, 2020, the city provided notice of its withdrawal from the joint powers agreement, effective July 1, 2021.(4) The city ceased to contract for, provide, or administer prehospital EMS ambulance services on or before December 31, 2022.(b) (1) A joint powers agreement regarding prehospital EMS initially executed on or after January 1, 2024, 2025, between a county board of supervisors and a city or fire district, shall not be construed as a written agreement with the city or fire district regarding the provision of prehospital emergency medical services for that city or fire district within the meaning of Section 1797.201, and the city or fire district shall retain its existing authorities regarding, and administration of, of the prehospital EMS pursuant to Section 1797.201, if any, following entry into the joint powers agreement. The joint powers agreement shall provide terms to address the withdrawal of the city or fire district from the agreement and the effect of a withdrawal on the EMS system and exclusive operating areas, if any.(2) The following shall apply to a joint powers agreement developed pursuant to paragraph (1):(A) The joint powers agreement shall provide terms to address the withdrawal of the city or fire district from the agreement.(B) The joint powers agreement shall provide, and the parties to the agreement shall be subject to, uniform operational procedures for prehospital EMS throughout the EMS area or subarea covered by the agreement.(C) Prehospital EMS under the joint powers agreement shall be subject to, and comply with, EMS system requirements and local EMS agency policies, procedures, and protocols, including, but not limited to, data collection and evaluation.(D) The local EMS agency shall coordinate with the county and the city or fire district in the development of the joint powers agreement and shall monitor performance of prehospital EMS under the agreement.(E) The entry into a joint powers agreement as described in this subdivision shall not alter, modify, abridge, diminish, create, or enlarge any rights, authorities, or obligations by any party to the joint powers agreement or any third party, including, but not limited to, any rights, authorities, or obligations pursuant to Section 1797.201, 1797.224, or 1798.(c) If a citys assertion of its authorities regarding, and administration of, the prehospital EMS pursuant to Section 1797.201 under subdivision (a) of this section causes a local EMS area that is currently designated as an exclusive operating area by the local EMS agency to no longer satisfy the requirements for an exclusive operating area under Sections Section 1797.85 or 1797.224, all of the following shall apply:(1) The local EMS agency shall provide a right of first refusal to the exclusive operating areas designated provider or providers to continue providing services in a new exclusive operating area composed of the remainder of the local EMS area outside of the city, which shall be deemed an exclusive operating area created without a competitive process under Sections Section 1797.85 or 1797.224.(2) If the designated provider or providers decline to continue services under paragraph (1), the county may provide prehospital EMS, including emergency ambulance services, in the remainder of the local EMS area on an exclusive basis by doing one of the following:(A) Assigning the duty of providing such services to the county fire department or a separate county department created for those purposes.(B) Creating a new exclusive operating area, which shall encompass, at minimum, the remainder of the local EMS area, through a competitive process under Section 1797.224. The exclusive operating area shall not include the city specified in subdivision (a), unless that city is selected to be the provider of the exclusive operating area pursuant to the competitive process.(3) If the county determines that the options in paragraph (2) are not economically viable, would reduce the level or quality of care available in the remainder of the local EMS area, or are not in the countys best interests, then the city specified in subdivision (a) shall enter an agreement with the county to provide prehospital EMS, including emergency ambulance services, within the remainder of the local EMS area on an exclusive basis consistent with subdivision (e) of Section 14136 of the Welfare and Institutions Code.(4) In developing contracts pursuant to this subdivision, the contracting parties shall collaborate on response time standards for the local EMS area, which shall meet or exceed the response time standards previously established by the local EMS agency for that area.(5) Contracts developed pursuant to this subdivision shall include the local EMS agencys EMS system requirements and the response time standards from paragraph (4).(6) (A) A contract, or subcontract for emergency ambulance services, developed pursuant to this subdivision shall comply with the requirements of subdivisions (c) and (d) of Section 1797.230 and subdivisions (b), (c), and (d) of Section 1797.231, and, to the extent allowed by law, provide for the recruitment, and preservation of the seniority status, of the incumbent workforce.(B) If the incumbent workforce is represented by a recognized employee organization or official representative, the contractor shall do both of the following:(i) Meet with the incumbent workforces recognized employee organization or official representative to review and discuss the collective bargaining agreement for the incumbent workforce.(ii) Request and review any other existing collective bargaining agreements for ambulance service employees in the region.(C) Prior to the county entering into a contract with the contractor developed pursuant to this subdivision, the contractor shall certify compliance with this paragraph.(D) For the purposes of this paragraph, contractor means the designated provider or providers under paragraph (1), a county fire department or other county department created for these purposes pursuant to subparagraph (A) of paragraph (2), a provider selected to serve a new exclusive operating area consistent with subparagraph (B) of paragraph (2), or the city described in paragraph (3).(7) If the designated provider or providers decline to continue services under paragraph (1), the city specified in subdivision (a) shall provide services within the local EMS area until the time the county completes the requirements in paragraphs (2) to (5), inclusive, pursuant to the same contractual, permitting, or regulatory terms, conditions, and requirements of the county for that area, except as otherwise agreed to by the county and the city.(d) For purposes of this section, joint powers agreement means an agreement for the joint exercise of powers under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.(e) This section does not affect, modify, limit, or otherwise impair the medical control of the medical director of a local EMS agency granted under this division, including, but not limited to, Chapter 5 (commencing with Section 1798).(f) This section does not affect, modify, limit, or otherwise impair or enlarge the local EMS agencys ability to set response time standards for all providers within a local EMS area. | |
| 70 | 71 | ||
| 71 | - | 1797.232. (a) Notwithstanding City of Oxnard v. County of Ventura (2021) 71 Cal.App.5th 1010, a city shall be treated as if it had retained its authorities regarding, and administration of, prehospital emergency medical services (EMS) ambulance services within the citys territorial jurisdiction pursuant to Section 1797.201, only if all of the following requirements are satisfied:(1) The city became a party to a joint powers agreement regarding ambulance services before the enactment of this chapter.(2) The joint powers agreement provided a county with the sole authority to contract with ambulance service providers on behalf of the other parties to the joint powers agreement.(3) On December 17, 2020, the city provided notice of its withdrawal from the joint powers agreement, effective July 1, 2021.(4) The city ceased to contract for, provide, or administer prehospital EMS ambulance services on or before December 31, 2022.(b) (1) A joint powers agreement regarding prehospital EMS initially executed on or after January 1, 2025, between a county board of supervisors and a city or fire district, shall not be construed as a written agreement with the city or fire district regarding the provision of prehospital emergency medical services for that city or fire district within the meaning of Section 1797.201, and the city or fire district shall retain its existing administration of the prehospital EMS pursuant to Section 1797.201, if any, following entry into the joint powers agreement.(2) The following shall apply to a joint powers agreement developed pursuant to paragraph (1):(A) The joint powers agreement shall provide terms to address the withdrawal of the city or fire district from the agreement.(B) The joint powers agreement shall provide, and the parties to the agreement shall be subject to, uniform operational procedures for prehospital EMS throughout the EMS area or subarea covered by the agreement.(C) Prehospital EMS under the joint powers agreement shall be subject to, and comply with, EMS system requirements and local EMS agency policies, procedures, and protocols, including, but not limited to, data collection and evaluation.(D) The local EMS agency shall coordinate with the county and the city or fire district in the development of the joint powers agreement and shall monitor performance of prehospital EMS under the agreement.(E) The entry into a joint powers agreement as described in this subdivision shall not alter, modify, abridge, diminish, create, or enlarge any rights, authorities, or obligations by any party to the joint powers agreement or any third party, including, but not limited to, any rights, authorities, or obligations pursuant to Section 1797.201, 1797.224, or 1798.(c) If a citys assertion of its authorities regarding, and administration of, the prehospital EMS pursuant to Section 1797.201 under subdivision (a) of this section causes a local EMS area that is currently designated as an exclusive operating area by the local EMS agency to no longer satisfy the requirements for an exclusive operating area under Section 1797.85 or 1797.224, all of the following shall apply:(1) The local EMS agency shall provide a right of first refusal to the exclusive operating areas designated provider or providers to continue providing services in a new exclusive operating area composed of the remainder of the local EMS area outside of the city, which shall be deemed an exclusive operating area created without a competitive process under Section 1797.85 or 1797.224.(2) If the designated provider or providers decline to continue services under paragraph (1), the county may provide prehospital EMS, including emergency ambulance services, in the remainder of the local EMS area on an exclusive basis by doing one of the following:(A) Assigning the duty of providing such services to the county fire department or a separate county department created for those purposes.(B) Creating a new exclusive operating area, which shall encompass, at minimum, the remainder of the local EMS area, through a competitive process under Section 1797.224. The exclusive operating area shall not include the city specified in subdivision (a), unless that city is selected to be the provider of the exclusive operating area pursuant to the competitive process.(3) If the county determines that the options in paragraph (2) are not economically viable, would reduce the level or quality of care available in the remainder of the local EMS area, or are not in the countys best interests, then the city specified in subdivision (a) shall enter an agreement with the county to provide prehospital EMS, including emergency ambulance services, within the remainder of the local EMS area on an exclusive basis consistent with subdivision (e) of Section 14136 of the Welfare and Institutions Code.(4) In developing contracts pursuant to this subdivision, the contracting parties shall collaborate on response time standards for the local EMS area, which shall meet or exceed the response time standards previously established by the local EMS agency for that area.(5) Contracts developed pursuant to this subdivision shall include the local EMS agencys EMS system requirements and the response time standards from paragraph (4).(6) (A) A contract, or subcontract for emergency ambulance services, developed pursuant to this subdivision shall comply with the requirements of subdivisions (c) and (d) of Section 1797.230 and subdivisions (b), (c), and (d) of Section 1797.231, and, to the extent allowed by law, provide for the recruitment, and preservation of the seniority status, of the incumbent workforce.(B) If the incumbent workforce is represented by a recognized employee organization or official representative, the contractor shall do both of the following:(i) Meet with the incumbent workforces recognized employee organization or official representative to review and discuss the collective bargaining agreement for the incumbent workforce.(ii) Request and review any other existing collective bargaining agreements for ambulance service employees in the region.(C) Prior to the county entering into a contract with the contractor developed pursuant to this subdivision, the contractor shall certify compliance with this paragraph.(D) For the purposes of this paragraph, contractor means the designated provider or providers under paragraph (1), a county fire department or other county department created for these purposes pursuant to subparagraph (A) of paragraph (2), a provider selected to serve a new exclusive operating area consistent with subparagraph (B) of paragraph (2), or the city described in paragraph (3).(7) If the designated provider or providers decline to continue services under paragraph (1), the city specified in subdivision (a) shall provide services within the local EMS area until the time the county completes the requirements in paragraphs (2) to (5), inclusive, pursuant to the same contractual, permitting, or regulatory terms, conditions, and requirements of the county for that area, except as otherwise agreed to by the county and the city.(d) For purposes of this section, joint powers agreement means an agreement for the joint exercise of powers under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.(e) This section does not affect, modify, limit, or otherwise impair the medical control of the medical director of a local EMS agency granted under this division, including, but not limited to, Chapter 5 (commencing with Section 1798).(f) This section does not affect, modify, limit, or otherwise impair or enlarge the local EMS agencys ability to set response time standards for all providers within a local EMS area. | |
| 72 | + | 1797.232. (a) Notwithstanding City of Oxnard v. County of Ventura (2021) 71 Cal.App.5th 1010, a city shall be treated as if it had retained its authorities regarding, and administration of, prehospital emergency medical services (EMS) ambulance services within the citys territorial jurisdiction pursuant to Section 1797.201, only if all of the following requirements are satisfied:(1) The city became a party to a joint powers agreement regarding ambulance services before the enactment of this chapter.(2) The joint powers agreement provided a county with the sole authority to contract with ambulance service providers on behalf of the other parties to the joint powers agreement.(3) On December 17, 2020, the city provided notice of its withdrawal from the joint powers agreement, effective July 1, 2021.(4) The city ceased to contract for, provide, or administer prehospital EMS ambulance services on or before December 31, 2022.(b) (1) A joint powers agreement regarding prehospital EMS initially executed on or after January 1, 2024, 2025, between a county board of supervisors and a city or fire district, shall not be construed as a written agreement with the city or fire district regarding the provision of prehospital emergency medical services for that city or fire district within the meaning of Section 1797.201, and the city or fire district shall retain its existing authorities regarding, and administration of, of the prehospital EMS pursuant to Section 1797.201, if any, following entry into the joint powers agreement. The joint powers agreement shall provide terms to address the withdrawal of the city or fire district from the agreement and the effect of a withdrawal on the EMS system and exclusive operating areas, if any.(2) The following shall apply to a joint powers agreement developed pursuant to paragraph (1):(A) The joint powers agreement shall provide terms to address the withdrawal of the city or fire district from the agreement.(B) The joint powers agreement shall provide, and the parties to the agreement shall be subject to, uniform operational procedures for prehospital EMS throughout the EMS area or subarea covered by the agreement.(C) Prehospital EMS under the joint powers agreement shall be subject to, and comply with, EMS system requirements and local EMS agency policies, procedures, and protocols, including, but not limited to, data collection and evaluation.(D) The local EMS agency shall coordinate with the county and the city or fire district in the development of the joint powers agreement and shall monitor performance of prehospital EMS under the agreement.(E) The entry into a joint powers agreement as described in this subdivision shall not alter, modify, abridge, diminish, create, or enlarge any rights, authorities, or obligations by any party to the joint powers agreement or any third party, including, but not limited to, any rights, authorities, or obligations pursuant to Section 1797.201, 1797.224, or 1798.(c) If a citys assertion of its authorities regarding, and administration of, the prehospital EMS pursuant to Section 1797.201 under subdivision (a) of this section causes a local EMS area that is currently designated as an exclusive operating area by the local EMS agency to no longer satisfy the requirements for an exclusive operating area under Sections Section 1797.85 or 1797.224, all of the following shall apply:(1) The local EMS agency shall provide a right of first refusal to the exclusive operating areas designated provider or providers to continue providing services in a new exclusive operating area composed of the remainder of the local EMS area outside of the city, which shall be deemed an exclusive operating area created without a competitive process under Sections Section 1797.85 or 1797.224.(2) If the designated provider or providers decline to continue services under paragraph (1), the county may provide prehospital EMS, including emergency ambulance services, in the remainder of the local EMS area on an exclusive basis by doing one of the following:(A) Assigning the duty of providing such services to the county fire department or a separate county department created for those purposes.(B) Creating a new exclusive operating area, which shall encompass, at minimum, the remainder of the local EMS area, through a competitive process under Section 1797.224. The exclusive operating area shall not include the city specified in subdivision (a), unless that city is selected to be the provider of the exclusive operating area pursuant to the competitive process.(3) If the county determines that the options in paragraph (2) are not economically viable, would reduce the level or quality of care available in the remainder of the local EMS area, or are not in the countys best interests, then the city specified in subdivision (a) shall enter an agreement with the county to provide prehospital EMS, including emergency ambulance services, within the remainder of the local EMS area on an exclusive basis consistent with subdivision (e) of Section 14136 of the Welfare and Institutions Code.(4) In developing contracts pursuant to this subdivision, the contracting parties shall collaborate on response time standards for the local EMS area, which shall meet or exceed the response time standards previously established by the local EMS agency for that area.(5) Contracts developed pursuant to this subdivision shall include the local EMS agencys EMS system requirements and the response time standards from paragraph (4).(6) (A) A contract, or subcontract for emergency ambulance services, developed pursuant to this subdivision shall comply with the requirements of subdivisions (c) and (d) of Section 1797.230 and subdivisions (b), (c), and (d) of Section 1797.231, and, to the extent allowed by law, provide for the recruitment, and preservation of the seniority status, of the incumbent workforce.(B) If the incumbent workforce is represented by a recognized employee organization or official representative, the contractor shall do both of the following:(i) Meet with the incumbent workforces recognized employee organization or official representative to review and discuss the collective bargaining agreement for the incumbent workforce.(ii) Request and review any other existing collective bargaining agreements for ambulance service employees in the region.(C) Prior to the county entering into a contract with the contractor developed pursuant to this subdivision, the contractor shall certify compliance with this paragraph.(D) For the purposes of this paragraph, contractor means the designated provider or providers under paragraph (1), a county fire department or other county department created for these purposes pursuant to subparagraph (A) of paragraph (2), a provider selected to serve a new exclusive operating area consistent with subparagraph (B) of paragraph (2), or the city described in paragraph (3).(7) If the designated provider or providers decline to continue services under paragraph (1), the city specified in subdivision (a) shall provide services within the local EMS area until the time the county completes the requirements in paragraphs (2) to (5), inclusive, pursuant to the same contractual, permitting, or regulatory terms, conditions, and requirements of the county for that area, except as otherwise agreed to by the county and the city.(d) For purposes of this section, joint powers agreement means an agreement for the joint exercise of powers under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.(e) This section does not affect, modify, limit, or otherwise impair the medical control of the medical director of a local EMS agency granted under this division, including, but not limited to, Chapter 5 (commencing with Section 1798).(f) This section does not affect, modify, limit, or otherwise impair or enlarge the local EMS agencys ability to set response time standards for all providers within a local EMS area. | |
| 72 | 73 | ||
| 73 | - | 1797.232. (a) Notwithstanding City of Oxnard v. County of Ventura (2021) 71 Cal.App.5th 1010, a city shall be treated as if it had retained its authorities regarding, and administration of, prehospital emergency medical services (EMS) ambulance services within the citys territorial jurisdiction pursuant to Section 1797.201, only if all of the following requirements are satisfied:(1) The city became a party to a joint powers agreement regarding ambulance services before the enactment of this chapter.(2) The joint powers agreement provided a county with the sole authority to contract with ambulance service providers on behalf of the other parties to the joint powers agreement.(3) On December 17, 2020, the city provided notice of its withdrawal from the joint powers agreement, effective July 1, 2021.(4) The city ceased to contract for, provide, or administer prehospital EMS ambulance services on or before December 31, 2022.(b) (1) A joint powers agreement regarding prehospital EMS initially executed on or after January 1, 2025, between a county board of supervisors and a city or fire district, shall not be construed as a written agreement with the city or fire district regarding the provision of prehospital emergency medical services for that city or fire district within the meaning of Section 1797.201, and the city or fire district shall retain its existing administration of the prehospital EMS pursuant to Section 1797.201, if any, following entry into the joint powers agreement.(2) The following shall apply to a joint powers agreement developed pursuant to paragraph (1):(A) The joint powers agreement shall provide terms to address the withdrawal of the city or fire district from the agreement.(B) The joint powers agreement shall provide, and the parties to the agreement shall be subject to, uniform operational procedures for prehospital EMS throughout the EMS area or subarea covered by the agreement.(C) Prehospital EMS under the joint powers agreement shall be subject to, and comply with, EMS system requirements and local EMS agency policies, procedures, and protocols, including, but not limited to, data collection and evaluation.(D) The local EMS agency shall coordinate with the county and the city or fire district in the development of the joint powers agreement and shall monitor performance of prehospital EMS under the agreement.(E) The entry into a joint powers agreement as described in this subdivision shall not alter, modify, abridge, diminish, create, or enlarge any rights, authorities, or obligations by any party to the joint powers agreement or any third party, including, but not limited to, any rights, authorities, or obligations pursuant to Section 1797.201, 1797.224, or 1798.(c) If a citys assertion of its authorities regarding, and administration of, the prehospital EMS pursuant to Section 1797.201 under subdivision (a) of this section causes a local EMS area that is currently designated as an exclusive operating area by the local EMS agency to no longer satisfy the requirements for an exclusive operating area under Section 1797.85 or 1797.224, all of the following shall apply:(1) The local EMS agency shall provide a right of first refusal to the exclusive operating areas designated provider or providers to continue providing services in a new exclusive operating area composed of the remainder of the local EMS area outside of the city, which shall be deemed an exclusive operating area created without a competitive process under Section 1797.85 or 1797.224.(2) If the designated provider or providers decline to continue services under paragraph (1), the county may provide prehospital EMS, including emergency ambulance services, in the remainder of the local EMS area on an exclusive basis by doing one of the following:(A) Assigning the duty of providing such services to the county fire department or a separate county department created for those purposes.(B) Creating a new exclusive operating area, which shall encompass, at minimum, the remainder of the local EMS area, through a competitive process under Section 1797.224. The exclusive operating area shall not include the city specified in subdivision (a), unless that city is selected to be the provider of the exclusive operating area pursuant to the competitive process.(3) If the county determines that the options in paragraph (2) are not economically viable, would reduce the level or quality of care available in the remainder of the local EMS area, or are not in the countys best interests, then the city specified in subdivision (a) shall enter an agreement with the county to provide prehospital EMS, including emergency ambulance services, within the remainder of the local EMS area on an exclusive basis consistent with subdivision (e) of Section 14136 of the Welfare and Institutions Code.(4) In developing contracts pursuant to this subdivision, the contracting parties shall collaborate on response time standards for the local EMS area, which shall meet or exceed the response time standards previously established by the local EMS agency for that area.(5) Contracts developed pursuant to this subdivision shall include the local EMS agencys EMS system requirements and the response time standards from paragraph (4).(6) (A) A contract, or subcontract for emergency ambulance services, developed pursuant to this subdivision shall comply with the requirements of subdivisions (c) and (d) of Section 1797.230 and subdivisions (b), (c), and (d) of Section 1797.231, and, to the extent allowed by law, provide for the recruitment, and preservation of the seniority status, of the incumbent workforce.(B) If the incumbent workforce is represented by a recognized employee organization or official representative, the contractor shall do both of the following:(i) Meet with the incumbent workforces recognized employee organization or official representative to review and discuss the collective bargaining agreement for the incumbent workforce.(ii) Request and review any other existing collective bargaining agreements for ambulance service employees in the region.(C) Prior to the county entering into a contract with the contractor developed pursuant to this subdivision, the contractor shall certify compliance with this paragraph.(D) For the purposes of this paragraph, contractor means the designated provider or providers under paragraph (1), a county fire department or other county department created for these purposes pursuant to subparagraph (A) of paragraph (2), a provider selected to serve a new exclusive operating area consistent with subparagraph (B) of paragraph (2), or the city described in paragraph (3).(7) If the designated provider or providers decline to continue services under paragraph (1), the city specified in subdivision (a) shall provide services within the local EMS area until the time the county completes the requirements in paragraphs (2) to (5), inclusive, pursuant to the same contractual, permitting, or regulatory terms, conditions, and requirements of the county for that area, except as otherwise agreed to by the county and the city.(d) For purposes of this section, joint powers agreement means an agreement for the joint exercise of powers under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.(e) This section does not affect, modify, limit, or otherwise impair the medical control of the medical director of a local EMS agency granted under this division, including, but not limited to, Chapter 5 (commencing with Section 1798).(f) This section does not affect, modify, limit, or otherwise impair or enlarge the local EMS agencys ability to set response time standards for all providers within a local EMS area. | |
| 74 | + | 1797.232. (a) Notwithstanding City of Oxnard v. County of Ventura (2021) 71 Cal.App.5th 1010, a city shall be treated as if it had retained its authorities regarding, and administration of, prehospital emergency medical services (EMS) ambulance services within the citys territorial jurisdiction pursuant to Section 1797.201, only if all of the following requirements are satisfied:(1) The city became a party to a joint powers agreement regarding ambulance services before the enactment of this chapter.(2) The joint powers agreement provided a county with the sole authority to contract with ambulance service providers on behalf of the other parties to the joint powers agreement.(3) On December 17, 2020, the city provided notice of its withdrawal from the joint powers agreement, effective July 1, 2021.(4) The city ceased to contract for, provide, or administer prehospital EMS ambulance services on or before December 31, 2022.(b) (1) A joint powers agreement regarding prehospital EMS initially executed on or after January 1, 2024, 2025, between a county board of supervisors and a city or fire district, shall not be construed as a written agreement with the city or fire district regarding the provision of prehospital emergency medical services for that city or fire district within the meaning of Section 1797.201, and the city or fire district shall retain its existing authorities regarding, and administration of, of the prehospital EMS pursuant to Section 1797.201, if any, following entry into the joint powers agreement. The joint powers agreement shall provide terms to address the withdrawal of the city or fire district from the agreement and the effect of a withdrawal on the EMS system and exclusive operating areas, if any.(2) The following shall apply to a joint powers agreement developed pursuant to paragraph (1):(A) The joint powers agreement shall provide terms to address the withdrawal of the city or fire district from the agreement.(B) The joint powers agreement shall provide, and the parties to the agreement shall be subject to, uniform operational procedures for prehospital EMS throughout the EMS area or subarea covered by the agreement.(C) Prehospital EMS under the joint powers agreement shall be subject to, and comply with, EMS system requirements and local EMS agency policies, procedures, and protocols, including, but not limited to, data collection and evaluation.(D) The local EMS agency shall coordinate with the county and the city or fire district in the development of the joint powers agreement and shall monitor performance of prehospital EMS under the agreement.(E) The entry into a joint powers agreement as described in this subdivision shall not alter, modify, abridge, diminish, create, or enlarge any rights, authorities, or obligations by any party to the joint powers agreement or any third party, including, but not limited to, any rights, authorities, or obligations pursuant to Section 1797.201, 1797.224, or 1798.(c) If a citys assertion of its authorities regarding, and administration of, the prehospital EMS pursuant to Section 1797.201 under subdivision (a) of this section causes a local EMS area that is currently designated as an exclusive operating area by the local EMS agency to no longer satisfy the requirements for an exclusive operating area under Sections Section 1797.85 or 1797.224, all of the following shall apply:(1) The local EMS agency shall provide a right of first refusal to the exclusive operating areas designated provider or providers to continue providing services in a new exclusive operating area composed of the remainder of the local EMS area outside of the city, which shall be deemed an exclusive operating area created without a competitive process under Sections Section 1797.85 or 1797.224.(2) If the designated provider or providers decline to continue services under paragraph (1), the county may provide prehospital EMS, including emergency ambulance services, in the remainder of the local EMS area on an exclusive basis by doing one of the following:(A) Assigning the duty of providing such services to the county fire department or a separate county department created for those purposes.(B) Creating a new exclusive operating area, which shall encompass, at minimum, the remainder of the local EMS area, through a competitive process under Section 1797.224. The exclusive operating area shall not include the city specified in subdivision (a), unless that city is selected to be the provider of the exclusive operating area pursuant to the competitive process.(3) If the county determines that the options in paragraph (2) are not economically viable, would reduce the level or quality of care available in the remainder of the local EMS area, or are not in the countys best interests, then the city specified in subdivision (a) shall enter an agreement with the county to provide prehospital EMS, including emergency ambulance services, within the remainder of the local EMS area on an exclusive basis consistent with subdivision (e) of Section 14136 of the Welfare and Institutions Code.(4) In developing contracts pursuant to this subdivision, the contracting parties shall collaborate on response time standards for the local EMS area, which shall meet or exceed the response time standards previously established by the local EMS agency for that area.(5) Contracts developed pursuant to this subdivision shall include the local EMS agencys EMS system requirements and the response time standards from paragraph (4).(6) (A) A contract, or subcontract for emergency ambulance services, developed pursuant to this subdivision shall comply with the requirements of subdivisions (c) and (d) of Section 1797.230 and subdivisions (b), (c), and (d) of Section 1797.231, and, to the extent allowed by law, provide for the recruitment, and preservation of the seniority status, of the incumbent workforce.(B) If the incumbent workforce is represented by a recognized employee organization or official representative, the contractor shall do both of the following:(i) Meet with the incumbent workforces recognized employee organization or official representative to review and discuss the collective bargaining agreement for the incumbent workforce.(ii) Request and review any other existing collective bargaining agreements for ambulance service employees in the region.(C) Prior to the county entering into a contract with the contractor developed pursuant to this subdivision, the contractor shall certify compliance with this paragraph.(D) For the purposes of this paragraph, contractor means the designated provider or providers under paragraph (1), a county fire department or other county department created for these purposes pursuant to subparagraph (A) of paragraph (2), a provider selected to serve a new exclusive operating area consistent with subparagraph (B) of paragraph (2), or the city described in paragraph (3).(7) If the designated provider or providers decline to continue services under paragraph (1), the city specified in subdivision (a) shall provide services within the local EMS area until the time the county completes the requirements in paragraphs (2) to (5), inclusive, pursuant to the same contractual, permitting, or regulatory terms, conditions, and requirements of the county for that area, except as otherwise agreed to by the county and the city.(d) For purposes of this section, joint powers agreement means an agreement for the joint exercise of powers under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.(e) This section does not affect, modify, limit, or otherwise impair the medical control of the medical director of a local EMS agency granted under this division, including, but not limited to, Chapter 5 (commencing with Section 1798).(f) This section does not affect, modify, limit, or otherwise impair or enlarge the local EMS agencys ability to set response time standards for all providers within a local EMS area. | |
| 74 | 75 | ||
| 75 | 76 | ||
| 76 | 77 | ||
| 77 | 78 | 1797.232. (a) Notwithstanding City of Oxnard v. County of Ventura (2021) 71 Cal.App.5th 1010, a city shall be treated as if it had retained its authorities regarding, and administration of, prehospital emergency medical services (EMS) ambulance services within the citys territorial jurisdiction pursuant to Section 1797.201, only if all of the following requirements are satisfied: | |
| 78 | 79 | ||
| 79 | 80 | (1) The city became a party to a joint powers agreement regarding ambulance services before the enactment of this chapter. | |
| 80 | 81 | ||
| 81 | 82 | (2) The joint powers agreement provided a county with the sole authority to contract with ambulance service providers on behalf of the other parties to the joint powers agreement. | |
| 82 | 83 | ||
| 83 | 84 | (3) On December 17, 2020, the city provided notice of its withdrawal from the joint powers agreement, effective July 1, 2021. | |
| 84 | 85 | ||
| 85 | 86 | (4) The city ceased to contract for, provide, or administer prehospital EMS ambulance services on or before December 31, 2022. | |
| 86 | 87 | ||
| 87 | - | (b) (1) A joint powers agreement regarding prehospital EMS initially executed on or after January 1, 2025, between a county board of supervisors and a city or fire district, shall not be construed as a written agreement with the city or fire district regarding the provision of prehospital emergency medical services for that city or fire district within the meaning of Section 1797.201, and the city or fire district shall retain its existing administration of the prehospital EMS pursuant to Section 1797.201, if any, following entry into the joint powers agreement. | |
| 88 | + | (b) (1) A joint powers agreement regarding prehospital EMS initially executed on or after January 1, 2024, 2025, between a county board of supervisors and a city or fire district, shall not be construed as a written agreement with the city or fire district regarding the provision of prehospital emergency medical services for that city or fire district within the meaning of Section 1797.201, and the city or fire district shall retain its existing authorities regarding, and administration of, of the prehospital EMS pursuant to Section 1797.201, if any, following entry into the joint powers agreement. The joint powers agreement shall provide terms to address the withdrawal of the city or fire district from the agreement and the effect of a withdrawal on the EMS system and exclusive operating areas, if any. | |
| 88 | 89 | ||
| 89 | 90 | (2) The following shall apply to a joint powers agreement developed pursuant to paragraph (1): | |
| 90 | 91 | ||
| 91 | 92 | (A) The joint powers agreement shall provide terms to address the withdrawal of the city or fire district from the agreement. | |
| 92 | 93 | ||
| 93 | 94 | (B) The joint powers agreement shall provide, and the parties to the agreement shall be subject to, uniform operational procedures for prehospital EMS throughout the EMS area or subarea covered by the agreement. | |
| 94 | 95 | ||
| 95 | 96 | (C) Prehospital EMS under the joint powers agreement shall be subject to, and comply with, EMS system requirements and local EMS agency policies, procedures, and protocols, including, but not limited to, data collection and evaluation. | |
| 96 | 97 | ||
| 97 | 98 | (D) The local EMS agency shall coordinate with the county and the city or fire district in the development of the joint powers agreement and shall monitor performance of prehospital EMS under the agreement. | |
| 98 | 99 | ||
| 99 | 100 | (E) The entry into a joint powers agreement as described in this subdivision shall not alter, modify, abridge, diminish, create, or enlarge any rights, authorities, or obligations by any party to the joint powers agreement or any third party, including, but not limited to, any rights, authorities, or obligations pursuant to Section 1797.201, 1797.224, or 1798. | |
| 100 | 101 | ||
| 101 | - | (c) If a citys assertion of its authorities regarding, and administration of, the prehospital EMS pursuant to Section 1797.201 under subdivision (a) of this section causes a local EMS area that is currently designated as an exclusive operating area by the local EMS agency to no longer satisfy the requirements for an exclusive operating area under Section 1797.85 or 1797.224, all of the following shall apply: | |
| 102 | + | (c) If a citys assertion of its authorities regarding, and administration of, the prehospital EMS pursuant to Section 1797.201 under subdivision (a) of this section causes a local EMS area that is currently designated as an exclusive operating area by the local EMS agency to no longer satisfy the requirements for an exclusive operating area under Sections Section 1797.85 or 1797.224, all of the following shall apply: | |
| 102 | 103 | ||
| 103 | - | (1) The local EMS agency shall provide a right of first refusal to the exclusive operating areas designated provider or providers to continue providing services in a new exclusive operating area composed of the remainder of the local EMS area outside of the city, which shall be deemed an exclusive operating area created without a competitive process under Section 1797.85 or 1797.224. | |
| 104 | + | (1) The local EMS agency shall provide a right of first refusal to the exclusive operating areas designated provider or providers to continue providing services in a new exclusive operating area composed of the remainder of the local EMS area outside of the city, which shall be deemed an exclusive operating area created without a competitive process under Sections Section 1797.85 or 1797.224. | |
| 104 | 105 | ||
| 105 | 106 | (2) If the designated provider or providers decline to continue services under paragraph (1), the county may provide prehospital EMS, including emergency ambulance services, in the remainder of the local EMS area on an exclusive basis by doing one of the following: | |
| 106 | 107 | ||
| 107 | 108 | (A) Assigning the duty of providing such services to the county fire department or a separate county department created for those purposes. | |
| 108 | 109 | ||
| 109 | 110 | (B) Creating a new exclusive operating area, which shall encompass, at minimum, the remainder of the local EMS area, through a competitive process under Section 1797.224. The exclusive operating area shall not include the city specified in subdivision (a), unless that city is selected to be the provider of the exclusive operating area pursuant to the competitive process. | |
| 110 | 111 | ||
| 111 | 112 | (3) If the county determines that the options in paragraph (2) are not economically viable, would reduce the level or quality of care available in the remainder of the local EMS area, or are not in the countys best interests, then the city specified in subdivision (a) shall enter an agreement with the county to provide prehospital EMS, including emergency ambulance services, within the remainder of the local EMS area on an exclusive basis consistent with subdivision (e) of Section 14136 of the Welfare and Institutions Code. | |
| 112 | 113 | ||
| 113 | 114 | (4) In developing contracts pursuant to this subdivision, the contracting parties shall collaborate on response time standards for the local EMS area, which shall meet or exceed the response time standards previously established by the local EMS agency for that area. | |
| 114 | 115 | ||
| 115 | 116 | (5) Contracts developed pursuant to this subdivision shall include the local EMS agencys EMS system requirements and the response time standards from paragraph (4). | |
| 116 | 117 | ||
| 117 | 118 | (6) (A) A contract, or subcontract for emergency ambulance services, developed pursuant to this subdivision shall comply with the requirements of subdivisions (c) and (d) of Section 1797.230 and subdivisions (b), (c), and (d) of Section 1797.231, and, to the extent allowed by law, provide for the recruitment, and preservation of the seniority status, of the incumbent workforce. | |
| 118 | 119 | ||
| 119 | 120 | (B) If the incumbent workforce is represented by a recognized employee organization or official representative, the contractor shall do both of the following: | |
| 120 | 121 | ||
| 121 | 122 | (i) Meet with the incumbent workforces recognized employee organization or official representative to review and discuss the collective bargaining agreement for the incumbent workforce. | |
| 122 | 123 | ||
| 123 | 124 | (ii) Request and review any other existing collective bargaining agreements for ambulance service employees in the region. | |
| 124 | 125 | ||
| 125 | 126 | (C) Prior to the county entering into a contract with the contractor developed pursuant to this subdivision, the contractor shall certify compliance with this paragraph. | |
| 126 | 127 | ||
| 127 | 128 | (D) For the purposes of this paragraph, contractor means the designated provider or providers under paragraph (1), a county fire department or other county department created for these purposes pursuant to subparagraph (A) of paragraph (2), a provider selected to serve a new exclusive operating area consistent with subparagraph (B) of paragraph (2), or the city described in paragraph (3). | |
| 128 | 129 | ||
| 129 | 130 | (7) If the designated provider or providers decline to continue services under paragraph (1), the city specified in subdivision (a) shall provide services within the local EMS area until the time the county completes the requirements in paragraphs (2) to (5), inclusive, pursuant to the same contractual, permitting, or regulatory terms, conditions, and requirements of the county for that area, except as otherwise agreed to by the county and the city. | |
| 130 | 131 | ||
| 131 | 132 | (d) For purposes of this section, joint powers agreement means an agreement for the joint exercise of powers under Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code. | |
| 132 | 133 | ||
| 133 | 134 | (e) This section does not affect, modify, limit, or otherwise impair the medical control of the medical director of a local EMS agency granted under this division, including, but not limited to, Chapter 5 (commencing with Section 1798). | |
| 134 | 135 | ||
| 135 | 136 | (f) This section does not affect, modify, limit, or otherwise impair or enlarge the local EMS agencys ability to set response time standards for all providers within a local EMS area. | |
| 136 | 137 | ||
| 137 | 138 | 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. | |
| 138 | 139 | ||
| 139 | 140 | 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. | |
| 140 | 141 | ||
| 141 | 142 | 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. | |
| 142 | 143 | ||
| 143 | 144 | ### SEC. 2. | |
| 145 | + | ||
| 146 | + | ||
| 147 | + | ||
| 148 | + | This act shall become operative only if Assembly Bill 716 of the 202324 Regular Session is enacted and takes effect on or before January 1, 2024. |