Bill Text: CA AB2904 | 2021-2022 | Regular Session | Enrolled

California Assembly Bill 2904 (Prior Session Legislation)

Bill Title: Alameda Hospital: seismic safety compliance deadline: extension.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2022-09-27 - Vetoed by Governor. [AB2904 Detail]

Download: California-2021-AB2904-Enrolled.html

Enrolled August 26, 2022

Passed IN Senate August 23, 2022

Passed IN Assembly August 24, 2022

Amended IN Senate August 01, 2022

Amended IN Assembly April 28, 2022

Amended IN Assembly March 24, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2904

Introduced by Assembly Member Mia Bonta

February 18, 2022

An act to add Section 130068.3 to the Health and Safety Code, relating to public health.

LEGISLATIVE COUNSEL'S DIGEST

AB 2904, Mia Bonta. Alameda Hospital: seismic safety compliance deadline: extension.

The Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 establishes, under the jurisdiction of the Department of Health Care Access and Information, a program of seismic safety building standards for certain hospitals constructed on and after March 7, 1973. The act requires an owner of a general acute care inpatient hospital, no later than January 1, 2030, to either demolish, replace, or change to nonacute care use all hospital buildings not in substantial compliance with the standards established pursuant to the act or seismically retrofit all acute care inpatient hospital buildings so that they are in substantial compliance with those standards. A violation of any provision of the act is a misdemeanor.

This bill would require the department to grant Alameda Hospital an extension to January 1, 2032, to substantially comply with those provisions. The bill would require the hospital to submit to the department, on or before January 1, 2024, a plan for compliance with the applicable seismic safety standards and regulations by January 1, 2032. The bill would require the department to accept the plan submitted by the hospital based on it being feasible to complete, as specified. If the department approves the plan, the bill would require the hospital to report biannually to the department on the hospital’s progress to timely complete its plan to achieve substantial seismic compliance by January 1, 2032, as prescribed. By expanding the duties of Alameda Hospital under those provisions, the bill would expand an existing crime, thereby imposing a state-mandated local program.

This bill would make legislative findings and declarations as to the necessity of a special statute for Alameda Hospital.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

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

SECTION 1.

Section 130068.3 is added to the Health and Safety Code, to read:

130068.3.

(a) Notwithstanding Section 130065, the department shall grant to Alameda Hospital an extension of the January 1, 2030, deadline for all acute care inpatient hospital buildings to be in substantial compliance with this part, to January 1, 2032, if both of the following occur:

(1) The hospital submits to the department, on or before January 1, 2024, a plan for compliance with the applicable seismic safety standards of this chapter, and the regulations promulgated pursuant to this chapter, by January 1, 2032.

(2) The department accepts the plan submitted by the hospital based on it being feasible to complete. The department shall not unreasonably reject the plan, unreasonably impose conditions on the acceptance of the plan, or unreasonably withhold or delay acceptance or rejection of the plan.

(b) If the department accepts the hospital’s plan, the hospital shall report to the department, in the manner required by the department, on January 1 and July 1 of each year, on its progress to timely complete its plan to achieve substantial seismic compliance by January 1, 2032, commencing on July 1, 2024.

SEC. 2.

The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique financial challenges facing Alameda Hospital and the disruption of patient services that would occur without an extension of the 2030 compliance deadline. Alameda Hospital is the sole emergency department and acute care facility on the island of Alameda, California, with a population of over 70,000.

SEC. 3.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.