Bill Text: CA AB1303 | 2011-2012 | Regular Session | Amended

California Assembly Bill 1303 (Prior Session Legislation)

Bill Title: Health care facilities: local agency joint powers

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-06-14 - Re-referred to Coms. on GOV. & F. and HEALTH. [AB1303 Detail]

Download: California-2011-AB1303-Amended.html

BILL NUMBER: AB 1303	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 4, 2012
	AMENDED IN SENATE  JULY 7, 2011
	AMENDED IN SENATE  JUNE 29, 2011
	AMENDED IN ASSEMBLY  APRIL 25, 2011
	AMENDED IN ASSEMBLY  APRIL 13, 2011

INTRODUCED BY   Assembly Member  Williams  
Wieckowski 

                        FEBRUARY 18, 2011

    An act to amend Section 25740.5 of, to repeal Section
25620.11 of, and to repeal and add Sections 25620.1 and 25620.2 of,
the Public Resources Code, and to amend Section 399.8 of the Public
Utilities Code, relating to energy resources, making an appropriation
therefor, and declaring the urgency thereof, to take effect
immediately .   An act to add Section 6523.2 to the
Government Code, relating to health care facilities. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1303, as amended,  Williams   Wieckowski
 .  Energy programs.   Health care
facilities: local agency joint powers agreements.  
   The Joint Exercise of Powers Act permits 2 or more public agencies
to enter into an agreement to jointly exercise any power common to
the contracting parties. Existing law, notwithstanding this
provision, authorizes certain private, nonprofit hospitals to enter
into joint powers agreements with specified public agencies. 

   This bill would authorize St. Rose Hospital, a private, nonprofit
hospital in the County of Alameda, to enter into a joint powers
agreement with the Washington Township Healthcare District. 

   The bill would state the finding and declaration of the
Legislature that a special law is necessary and that a general law
cannot be made applicable.  
   Under the Public Utilities Act (act), the Public Utilities
Commission (PUC) has regulatory authority over public utilities,
including electrical corporations. Existing law requires the PUC to
require the 3 largest electrical corporations in the state, until
January 1, 2012, to identify a separate electrical rate component to
fund energy efficiency, renewable energy, and research, development
and demonstration programs. Existing law requires the PUC or the
electrical corporations to collect $65,000,000 in total per year for
renewable energy and $62,500,000 in total per year for research,
development, and demonstration. A violation of the act is a crime.
 
   This bill would extend this requirement to January 1, 2020. The
bill would increase the amount collected to $90,000,000 for each of
the above purposes. Because a violation of the act is a crime, this
bill would impose a state-mandated local program.  
   Existing law establishes the Renewable Resource Trust Fund in the
State Treasury as a fund that is continuously appropriated, with
certain exceptions, for administrative expenses incurred by the State
Energy Resources Conservation and Development Commission (Energy
Commission), for the implementation of the renewable resources
programs. Existing law requires that specified portions of the moneys
collected as a part of the electrical rate to fund renewable energy
programs be deposited into specified accounts within the fund.
Existing law authorizes, until January 1, 2012, the expenditure of
the moneys from the fund for the implementation of renewable
resources programs. Existing law specifies legislative
recommendations on the allocation of moneys in the fund. 

   This bill would extend to January 1, 2020, the authorization to
expend moneys in the Renewable Resource Trust Fund for the
implementation of renewable resources programs, thereby making an
appropriation. The bill would revise and recast the legislative
recommendations on the allocation of the moneys in the fund.
 
   Existing law requires the Energy Commission to implement the
Public Interest Research, Development, and Demonstration Program to
develop and help bring to market energy technologies that provide
increased environmental benefits, greater system reliability, and
lower system costs.  
   This bill would revise and recast the Public Interest Research,
Development, and Demonstration Program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  2/3   majority  . Appropriation:
 yes   no  . Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    It is the intent of the Legislature to
meet the challenges of the evolving health care market and provide
the essential governmental function of making health care services
available to Medi-Cal and medically indigent citizens served by
health care districts, counties, and other agencies. 
   SEC. 2.    Section 6523.2 is added to the  
Government Code   , to read:  
   6523.2.  (a) Notwithstanding any other provision of this chapter,
St. Rose Hospital, a private, nonprofit hospital in Alameda County,
may enter into a joint powers agreement with the Washington Township
Healthcare District, a public agency.
   (b) The joint powers authority created pursuant to subdivision (a)
may perform the following functions:
   (1) Engage in joint planning for health care services.
   (2) Allocate health care services among the different facilities
operated by St. Rose Hospital.
   (3) Engage in joint purchasing, joint development, and joint
ownership of health care delivery and financing programs.
   (4) Consolidate or eliminate duplicative administrative, clinical,
or medical services.
   (5) Take cooperative actions in order to provide for the health
care needs of the residents of the communities served by St. Rose
Hospital and the Washington Township Healthcare District.
   (c) St. Rose Hospital and the Washington Township Healthcare
District, as participants in a joint powers agreement entered into
pursuant to subdivision (a), shall not reduce or eliminate any
emergency services, as a result of that agreement, following the
creation of the joint powers authority without a public hearing by
the authority. The joint powers authority shall provide public notice
of the hearing to the communities served by the authority not less
than 14 days prior to the hearing and the notice shall contain a
description of the proposed reductions or changes.
   (d) This section shall not be construed to grant any power to St.
Rose Hospital to levy any tax or assessment. This section shall not
be construed to permit any entity, other than St. Rose Hospital and
the Washington Township Healthcare District, to participate as a
party to an agreement authorized under this section.
   (e) This section shall not be construed to authorize activities
that corporations and other artificial legal entities are prohibited
from conducting by Section 2400 of the Business and Professions Code.

   SEC. 3.    The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances facing
St. Rose Hospital, a private, nonprofit hospital in Alameda County,
and the Washington Township Healthcare District that serve residents
in portions of Alameda County.  All matter omitted in this
version of the bill appears in the bill as amended in the Senate,
July 7, 2011. (JR11)