Amended  IN  Assembly  April 25, 2024
Amended  IN  Assembly  April 15, 2024
Amended  IN  Assembly  April 01, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2101

Introduced by Assembly Member Rodriguez

February 05, 2024

An act to add Section 131126 to the Health and Safety Code, relating to public health.


LEGISLATIVE COUNSEL'S DIGEST


AB 2101, as amended, Rodriguez. Statewide strategic stockpile.
Existing law establishes the State Department of Public Health to implement various programs throughout the state relating to public health.
This bill would require the State Department of Public Health, in coordination with the Office of Emergency Services, medical health operational area coordinators, regional disaster and medical health coordinators and specialists, medical and health coordinators, and other state agencies, to establish a statewide strategic stockpile. The bill would require the department, in coordination with the Office of Emergency Services, to establish guidelines for the procurement, management, and distribution of medicine, vaccines, and dental and medical supplies, taking into account, among other things, the amount of each type of item required for a sustained health emergency. The bill would authorize the department to enter into contracts with private entities for the procurement or reservation of supplies and for management and distribution of the stockpile. The bill would require the department to report annually to the Legislature, and others, the amount of items in the stockpile, the amount of items from the stockpile that have been used, the amount of anticipated future usage, the status of existing contracts with private entities that fulfill the procurement guidelines, and information regarding items reserved through those private entities. By creating new duties for medical health operational area coordinators and regional disaster and medical health coordinators and specialists, medical and health coordinators, 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 131126 is added to the Health and Safety Code, to read:

131126.
 (a) The Legislature finds that having access to a statewide strategic stockpile in the event of emergencies and disasters is vital to our health care system and general population who rely on its resources.
(b) The following definitions apply for purposes of this section:
(1) “Department” means the State Department of Public Health.
(2) “Stockpile” means the medicine, vaccine, dental, and medical stockpile created pursuant to subdivision (c).
(c) The department, in coordination with the Office of Emergency Services, medical health operational area coordinators, as described in Section 1797.153, regional disaster and medical health coordinators and specialists, medical and health coordinators, as described in Section 1797.152, and other state agencies, shall establish a statewide strategic stockpile.
(d) The department, in coordination with the Office of Emergency Services, shall establish guidelines for procurement, management, and distribution of medicine, vaccines, and dental and medical supplies items in the stockpile from the department. The department may contract with private entities for the procurement of supplies for, and management and distribution of, the stockpile. The department may contract for the reservation of supplies stored by a private entity for the stockpile, and the distribution of those supplies, supplies to locations specified by the department, consistent with this section and policies established by the department.
(e) At a minimum, the guidelines shall take into account all of the following:
(1) The various types of items that may be required during a pandemic or other health emergency, including, but not limited to, natural disasters, man-made disasters, and mass casualty events.
(2) The shelf life of each item that may be obtained from the department and how to restock a portion of each item to ensure the procurements are unexpired.
(3) The amount of each type of item required for a sustained health emergency.
(4) Lessons learned from previous pandemics and state emergencies, including, but not limited to, supply procurement, management, provider and recipient eligibility, distribution, and restock.
(5) Geographical distribution of stockpile storage or the location of any contracted entity’s storage facilities responsible for management and distribution of items to locations specified by the department determined to be necessary for the stockpile.
(6) Guidance on the timely restocking of items distributed from the stockpile.
(7) Guidance on how to establish policies and standards for stockpile surge capacity to ensure that hospitals and emergency providers hospitals, emergency providers, and other designated recipients have access to an adequate supply of any relevant item during a pandemic or other health emergency.
(8) The policies and funding that would be required for the state to establish the stockpile.
(9) How distribution from any procurement shall be prioritized in the event that there is are insufficient resources to meet the identified needs of providers or employers of providers, providers, employers of providers, and other designated recipients, including consideration of all of the following:
(A) The provider provider, recipient, or employer is in a location with a high share of low-income residents.
(B) The provider provider, recipient, or employer is in a medically underserved area, as designated by the United States Department of Health and Human Services, Health Resources and Services Administration.
(C) The provider provider, recipient, or employer disproportionately serves a medically underserved population, as designated by the United States Department of Health and Human Services, Health Resources and Services Administration.
(D) The provider provider, recipient, or employer is in a county with a high infection rate or high hospitalization rate related to the declared emergency.
(f) (1) The department shall annually report to the Legislature, the Assembly Committee on Emergency Management, and the Senate Committee on Governmental Organization the amount of items in the stockpile, the amount of items from the stockpile that have been used, the amount of anticipated future usage, the status of existing contracts with private entities that fulfill the procurement guidelines, the types and amount of items reserved through private entities, and plans to access and distribute items reserved by private entities for an emergency.
(2) The report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

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.