Bill Text: CA ABX13 | 2009-2010 | Regular Session | Enrolled
Bill Title: Office of Statewide Health Planning and Development:
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2009-01-06 - Vetoed by Governor. [ABX13 Detail]
Download: California-2009-ABX13-Enrolled.html
BILL NUMBER: ABX1 3 ENROLLED
BILL TEXT
PASSED THE SENATE DECEMBER 18, 2008
PASSED THE ASSEMBLY DECEMBER 18, 2008
AMENDED IN SENATE DECEMBER 18, 2008
INTRODUCED BY Assembly Member Evans
DECEMBER 8, 2008
An act to amend Section 129880 of the Health and Safety Code,
relating to hospital buildings.
LEGISLATIVE COUNSEL'S DIGEST
AB 3, Evans. Office of Statewide Health Planning and Development:
plan review.
Existing law establishes the Office of Statewide Health Planning
and Development to oversee the construction of, or addition to, any
hospital building or the reconstruction of, or the alteration of, any
hospital building. The office is required to independently review
and either approve or reject all plans.
Existing law provides an exception from the plan review process
for construction or alteration projects for specified hospital
buildings with estimated construction costs of $50,000 or less where
the plans have been stamped and signed by design professionals of
record.
This bill would allow the office to exempt from the plan review
process nonstructural construction or alteration projects with
estimated construction costs less than $500,000. The bill would also
allow an exemption from the plan review process for construction or
alteration projects for specified hospital buildings with
construction costs of at least $500,000 but less than $1 million if
the designs are independently peer reviewed by independent plan
reviewers, as defined.
This bill would require the office to establish criteria for
qualification of independent plan reviewers and peer review
standards. The bill would place the liability for all risks arising
out of the election to forgo the plan review process on the hospital
owner, governing board, or operator, design professionals, and
independent plan reviewers.
The California Constitution authorizes the Governor to declare a
fiscal emergency and to call the Legislature into special session for
that purpose. The Governor issued a proclamation declaring a fiscal
emergency, and calling a special session for this purpose, on
December 1, 2008.
This bill would state that it addresses the fiscal emergency
declared by the Governor by proclamation issued on December 1, 2008,
pursuant to the California Constitution.
The bill would provide that it shall become operative only if
Assembly Bill 2 of the 2009-10 First Extraordinary Session of the
Legislature is chaptered.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 129880 of the Health and Safety Code is amended
to read:
129880. (a) The office may exempt from its plan review process
nonstructural construction or alteration projects for hospital
buildings and buildings described in paragraphs (2) and (3) of
subdivision (b) of Section 129725 with estimated construction costs
of less than five hundred thousand dollars ($500,000). The criteria
for exemption shall include, but not be limited to, plans that have
been stamped and signed by the design professionals of record.
(b) The office may exempt from its plan review process
nonstructural construction or alteration projects for hospital
buildings and buildings described in paragraphs (2) and (3) of
subdivision (b) of Section 129725 that have estimated construction
costs of at least five hundred thousand dollars ($500,000) but less
than one million dollars ($1,000,000) if the designs for those
projects are independently peer reviewed by independent plan
reviewers. The independent plan reviewers shall certify to the office
that the plans are in full compliance with the California Building
Standards Code. This certification shall not diminish the liability
or responsibility of the independent plan reviewer.
(c) Projects that have been split into a series of smaller
projects in order to avoid the qualifying dollar limits shall not be
approved. The office shall maintain its construction observation
mandate to ensure public safety and California Building Standards
Code compliance for approved projects.
(d) A presubmittal meeting between the office and the design
professionals shall be required for construction or alteration
projects for hospital buildings and buildings described in paragraphs
(2) and (3) of subdivision (b) of Section 129725 with estimated
construction costs of twenty million dollars ($20,000,000) or more.
(e) The office may issue policy letters and adopt regulations for
this section to make specific the exemption criteria and processes
authorized pursuant to subdivision (a), and the complete plan review
process required pursuant to this section.
(f) For purposes of this section, "independent plan reviewer"
means a professional who has been preapproved by the office in an
appropriate discipline which may include, but is not limited to,
licensed architect, licensed structural engineer, licensed mechanical
engineer, certified accessibility specialist, or licensed electrical
engineer. The office shall develop criteria for the qualification
and approval of independent plan reviewers as well as peer review
standards. The hospital building owner shall retain and compensate
independent plan reviewers.
(g) The hospital owner, governing board, or operator, design
professionals, and independent plan reviewers shall bear liability
for all risks arising from the election to forgo plan review by the
office. The provisions of this section shall in no way diminish the
existing liability of the hospital, design professionals, or
independent plan reviewer.
SEC. 2. This act addresses the fiscal emergency declared by the
Governor by proclamation on December 1, 2008, pursuant to subdivision
(f) of Section 10 of Article IV of the California Constitution.
SEC. 3. This act shall become operative only if Assembly Bill 2 of
the 2009-10 First Extraordinary Session of the Legislature is
chaptered.
