Bill Text: CA SB499 | 2009-2010 | Regular Session | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Hospitals: seismic safety.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 601, Statutes of 2009. [SB499 Detail]
Download: California-2009-SB499-Enrolled.html
Bill Title: Hospitals: seismic safety.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 601, Statutes of 2009. [SB499 Detail]
Download: California-2009-SB499-Enrolled.html
BILL NUMBER: SB 499 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 11, 2009
PASSED THE ASSEMBLY SEPTEMBER 11, 2009
AMENDED IN ASSEMBLY SEPTEMBER 4, 2009
INTRODUCED BY Senator Ducheny
FEBRUARY 26, 2009
An act to amend Sections 130060 and 130061 of, and to add and
repeal Section 130022 of, the Health and Safety Code, relating to
health facilities, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 499, Ducheny. Hospitals: seismic safety.
(1) Existing law, the Alfred E. Alquist Hospital Facilities
Seismic Safety Act of 1983, establishes, under the jurisdiction of
the Office of Statewide Health Planning and Development, a program of
seismic safety building standards for certain hospitals constructed
on and after March 7, 1973. Existing law authorizes the office to
assess an application fee for the review of facilities design and
construction, and requires that full and complete plans be submitted
to the office for review and approval.
Existing law requires that, after January 1, 2008, any general
acute care hospital building that is determined to be a potential
risk of collapse or pose significant loss of life be used only for
nonacute care hospital purposes, except that the office may grant a
5-year extension under prescribed circumstances. Existing law also
allows the office to grant an additional 2-year extension to the
January 2008 deadline in specified circumstances.
This bill would also permit a hospital to receive the additional 2
year deadline extension if alternative prescribed conditions are
met.
(2) Under existing law, if an extension is granted, the hospital
owner is required to submit periodic reports on compliance. Under
existing law, an owner of a general acute care hospital that is
classified as a nonconforming Structural Performance Category-1
(SPC-1) building, who has requested an extension of the January 1,
2008, deadline, is required to submit a report with prescribed
information no later than June 30, 2011.
This bill would, instead, require that the report be submitted by
all owners of a general acute care hospital that is classified as a
nonconforming SPC-1 building. This bill would make the report due to
the office no later than November 1, 2010, and would require annual
updates thereafter, as specified. This bill would also prescribe
additional information to be included on the report for each building
that is planned for retrofit or replacement and for a building or
buildings to be removed from acute care service.
This bill would require the office to make prescribed information
from the reports available on its Internet Web site within 90 days of
receipt of the information.
This bill would impose on hospitals that have not complied with
the reporting requirements a fine of $10 per licensed acute care bed
per day, but in no case to exceed $1,000 per day for each SPC-1
building that is not in compliance. This bill would require the
penalty to be deposited into the Hospital Building Fund which is a
continuous appropriations fund in the State Treasury, as prescribed.
(3) Existing law requires the office to submit prescribed
information, including earthquake performance categories, to the
California Building Standards Commission.
This bill would authorize the office to utilize current computer
modeling based upon software developed by the Federal Emergency
Management Agency, referred to as Hazards US, for the purpose of
determining the structural performance category of general acute care
hospital buildings, and would authorize the office to promulgate
regulations to implement this provision. The bill would require that
specified regulatory submissions made by the office to the California
Building Standards Commission be deemed emergency regulations and be
adopted as emergency regulations. This bill would repeal these
provisions on January 1, 2013, as prescribed
(4) This bill would incorporate additional changes in Section
130060 of the Health and Safety Code proposed by AB 523, that would
become operative only if AB 523 and this bill are both chaptered and
become effective on or before January 1, 2010, and this bill is
chaptered last.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 130022 is added to the Health and Safety Code,
to read:
130022. (a) The office may utilize current computer modeling
based upon software developed by FEMA, referred to as Hazards US, for
the purpose of determining the structural performance category of
general acute care hospital buildings. The office may promulgate
regulations to implement this section.
(b) Regulatory submissions made by the office to the California
Building Standards Commission either pursuant to subdivision (a) or
for purposes of implementing conforming changes in deadlines for
compliance with any nonstructural performance category requirements
shall be deemed to be emergency regulations and shall be adopted as
such.
(c) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 2. Section 130060 of the Health and Safety Code is amended to
read:
130060. (a) (1) After January 1, 2008, any general acute care
hospital building that is determined to be a potential risk of
collapse or pose significant loss of life shall only be used for
nonacute care hospital purposes. A delay in this deadline may be
granted by the office upon a demonstration by the owner that
compliance will result in a loss of health care capacity that may not
be provided by other general acute care hospitals within a
reasonable proximity. In its request for an extension of the
deadline, a hospital shall state why the hospital is unable to comply
with the January 1, 2008, deadline requirement.
(2) Prior to granting an extension of the January 1, 2008,
deadline pursuant to this section, the office shall do all of the
following:
(A) Provide public notice of a hospital's request for an extension
of the deadline. The notice, at a minimum, shall be posted on the
office's Internet Web site, and shall include the facility's name and
identification number, the status of the request, and the beginning
and ending dates of the comment period, and shall advise the public
of the opportunity to submit public comments pursuant to subparagraph
(C). The office shall also provide notice of all requests for the
deadline extension directly to interested parties upon request of the
interested parties.
(B) Provide copies of extension requests to interested parties
within 10 working days to allow interested parties to review and
provide comment within the 45-day comment period. The copies shall
include those records that are available to the public pursuant to
the Public Records Act, Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code.
(C) Allow the public to submit written comments on the extension
proposal for a period of not less than 45 days from the date of the
public notice.
(b) (1) It is the intent of the Legislature, in enacting this
subdivision, to facilitate the process of having more hospital
buildings in substantial compliance with this chapter and to take
nonconforming general acute care hospital inpatient buildings out of
service more quickly.
(2) The functional contiguous grouping of hospital buildings of a
general acute care hospital, each of which provides, as the primary
source, one or more of the hospital's eight basic services as
specified in subdivision (a) of Section 1250, may receive a five-year
extension of the January 1, 2008, deadline specified in subdivision
(a) of this section pursuant to this subdivision for both structural
and nonstructural requirements. A functional contiguous grouping
refers to buildings containing one or more basic hospital services
that are either attached or connected in a way that is acceptable to
the State Department of Health Care Services. These buildings may be
either on the existing site or a new site.
(3) To receive the five-year extension, a single building
containing all of the basic services or at least one building within
the contiguous grouping of hospital buildings shall have obtained a
building permit prior to 1973 and this building shall be evaluated
and classified as a nonconforming, Structural Performance Category-1
(SPC-1) building. The classification shall be submitted to and
accepted by the Office of Statewide Health Planning and Development.
The identified hospital building shall be exempt from the requirement
in subdivision (a) until January 1, 2013, if the hospital agrees
that the basic service or services that were provided in that
building shall be provided, on or before January 1, 2013, as follows:
(A) Moved into an existing conforming Structural Performance
Category-3 (SPC-3), Structural Performance Category-4 (SPC-4), or
Structural Performance Category-5 (SPC-5) and Non-Structural
Performance Category-4 (NPC-4) or Non-Structural Performance
Category-5 (NPC-5) building.
(B) Relocated to a newly built compliant SPC-5 and NPC-4 or NPC-5
building.
(C) Continued in the building if the building is retrofitted to a
SPC-5 and NPC-4 or NPC-5 building.
(4) A five-year extension is also provided to a post 1973 building
if the hospital owner informs the Office of Statewide Health
Planning and Development that the building is classified as a SPC-1,
SPC-3, or SPC-4 and will be closed to general acute care inpatient
service use by January 1, 2013. The basic services in the building
shall be relocated into a SPC-5 and NPC-4 or NPC-5 building by
January 1, 2013.
(5) Any SPC-1 buildings, other than the building identified in
paragraph (3) or (4), in the contiguous grouping of hospital
buildings shall also be exempt from the requirement in subdivision
(a) until January 1, 2013. However, on or before January 1, 2013, at
a minimum, each of these buildings shall be retrofitted to a SPC-2
and NPC-3 building, or no longer be used for general acute care
hospital inpatient services.
(c) On or before March 1, 2001, the office shall establish a
schedule of interim work progress deadlines that hospitals shall be
required to meet to be eligible for the extension specified in
subdivision (b). To receive this extension, the hospital building or
buildings shall meet the year 2002 nonstructural requirements.
(d) A hospital building that is eligible for an extension pursuant
to this section shall meet the January 1, 2030, nonstructural and
structural deadline requirements if the building is to be used for
general acute care inpatient services after January 1, 2030.
(e) Upon compliance with subdivision (b), the hospital shall be
issued a written notice of compliance by the office. The office shall
send a written notice of violation to hospital owners that fail to
comply with this section. The office shall make copies of these
notices available on its Web site.
(f) (1) A hospital that has received an extension of the January
1, 2008, deadline pursuant to subdivision (a) or (b) may request an
additional extension of up to two years for a hospital building that
it owns or operates and that meets the criteria specified in
paragraph (2) or (3).
(2) The office may grant the additional extension if the hospital
building subject to the extension meets all of the following
criteria:
(A) The hospital building is under construction at the time of the
request for extension under this subdivision and the purpose of the
construction is to meet the requirements of subdivision (a) to allow
the use of the building as a general acute care hospital building
after the extension deadline granted by the office pursuant to
subdivision (a) or (b).
(B) The hospital building plans were submitted to the office and
were deemed ready for review by the office at least four years prior
to the applicable deadline for the building. The hospital shall
indicate, upon submission of its plans, the SPC-1 building or
buildings that will be retrofitted or replaced to meet the
requirements of this section as a result of the project.
(C) The hospital received a building permit for the construction
described in subparagraph (A) at least two years prior to the
applicable deadline for the building.
(D) The hospital submitted a construction timeline at least two
years prior to the applicable deadline for the building demonstrating
the hospital's intent to meet the applicable deadline. The timeline
shall include all of the following:
(i) The projected construction start date.
(ii) The projected construction completion date.
(iii) Identification of the contractor.
(E) The hospital is making reasonable progress toward meeting the
timeline set forth in subparagraph (D), but factors beyond the
hospital's control make it impossible for the hospital to meet the
deadline.
(3) The office may grant the additional extension if the hospital
building subject to the extension meets all of the following
criteria:
(A) The hospital owner submitted to the office, prior to June 30,
2009, a request for review using current computer modeling utilized
by the office and based upon software developed by the Federal
Emergency Management Agency, referred to as Hazards US, and the
building was deemed SPC-1 after that review.
(B) The hospital building plans for the building are submitted to
the office and deemed ready for review by the office prior to July 1,
2010. The hospital shall indicate, upon submission of its plans, the
SPC-1 building or buildings that shall be retrofitted or replaced to
meet the requirements of this section as a result of the project.
(C) The hospital receives a building permit from the office for
the construction described in subparagraph (B) prior to January 1,
2012.
(D) The hospital submits, prior to January 1, 2012, a construction
timeline for the building demonstrating the hospital's intent and
ability to meet the applicable deadline. The timeline shall include
all of the following:
(i) The projected construction start date.
(ii) The projected construction completion date.
(iii) Identification of the contractor.
(E) The hospital building is under construction at the time of the
request for the extension, the purpose of the construction is to
meet the requirements of subdivision (a) to allow the use of the
building as a general acute care hospital building after the deadline
extension granted by the office pursuant to subdivision (a) or (b),
and the hospital is making reasonable progress toward meeting the
timeline set forth in subparagraph (D).
(F) The hospital owner completes construction such that the
hospital meets all criteria to enable the office to issue a
certificate of occupancy by the applicable deadline for the building.
(4) A hospital denied an extension pursuant to this subdivision
may appeal the denial to the Hospital Building Safety Board.
(5) The office may revoke an extension granted pursuant to this
subdivision for any hospital building where the work of construction
is abandoned or suspended for a period of at least one year, unless
the hospital demonstrates in a public document that the abandonment
or suspension was caused by factors beyond its control.
SEC. 2.5. Section 130060 of the Health and Safety Code is amended
to read:
130060. (a) (1) After January 1, 2008, any general acute care
hospital building that is determined to be a potential risk of
collapse or pose significant loss of life shall only be used for
nonacute care hospital purposes. A delay in this deadline may be
granted by the office upon a demonstration by the owner that
compliance will result in a loss of health care capacity that may not
be provided by other general acute care hospitals within a
reasonable proximity. In its request for an extension of the
deadline, a hospital shall state why the hospital is unable to comply
with the January 1, 2008, deadline requirement.
(2) Prior to granting an extension of the January 1, 2008,
deadline pursuant to this section, the office shall do all of the
following:
(A) Provide public notice of a hospital's request for an extension
of the deadline. The notice, at a minimum, shall be posted on the
office's Internet Web site, and shall include the facility's name and
identification number, the status of the request, and the beginning
and ending dates of the comment period, and shall advise the public
of the opportunity to submit public comments pursuant to subparagraph
(C). The office shall also provide notice of all requests for the
deadline extension directly to interested parties upon request of the
interested parties.
(B) Provide copies of extension requests to interested parties
within 10 working days to allow interested parties to review and
provide comment within the 45-day comment period. The copies shall
include those records that are available to the public pursuant to
the Public Records Act, Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code.
(C) Allow the public to submit written comments on the extension
proposal for a period of not less than 45 days from the date of the
public notice.
(b) (1) It is the intent of the Legislature, in enacting this
subdivision, to facilitate the process of having more hospital
buildings in substantial compliance with this chapter and to take
nonconforming general acute care hospital inpatient buildings out of
service more quickly.
(2) The functional contiguous grouping of hospital buildings of a
general acute care hospital, each of which provides, as the primary
source, one or more of the hospital's eight basic services as
specified in subdivision (a) of Section 1250, may receive a five-year
extension of the January 1, 2008, deadline specified in subdivision
(a) of this section pursuant to this subdivision for both structural
and nonstructural requirements. A functional contiguous grouping
refers to buildings containing one or more basic hospital services
that are either attached or connected in a way that is acceptable to
the State Department of Health Care Services. These buildings may be
either on the existing site or a new site.
(3) To receive the five-year extension, a single building
containing all of the basic services or at least one building within
the contiguous grouping of hospital buildings shall have obtained a
building permit prior to 1973 and this building shall be evaluated
and classified as a nonconforming, Structural Performance Category-1
(SPC-1) building. The classification shall be submitted to and
accepted by the Office of Statewide Health Planning and Development.
The identified hospital building shall be exempt from the requirement
in subdivision (a) until January 1, 2013, if the hospital agrees
that the basic service or services that were provided in that
building shall be provided, on or before January 1, 2013, as follows:
(A) Moved into an existing conforming Structural Performance
Category-3 (SPC-3), Structural Performance Category-4 (SPC-4), or
Structural Performance Category-5 (SPC-5) and Non-Structural
Performance Category-4 (NPC-4) or Non-Structural Performance
Category-5 (NPC-5) building.
(B) Relocated to a newly built compliant SPC-5 and NPC-4 or NPC-5
building.
(C) Continued in the building if the building is retrofitted to a
SPC-5 and NPC-4 or NPC-5 building.
(4) A five-year extension is also provided to a post 1973 building
if the hospital owner informs the Office of Statewide Health
Planning and Development that the building is classified as a SPC-1,
SPC-3, or SPC-4 and will be closed to general acute care inpatient
service use by January 1, 2013. The basic services in the building
shall be relocated into a SPC-5 and NPC-4 or NPC-5 building by
January 1, 2013.
(5) SPC-1 buildings, other than the building identified in
paragraph (3) or (4), in the contiguous grouping of hospital
buildings shall also be exempt from the requirement in subdivision
(a) until January 1, 2013. However, on or before January 1, 2013, at
a minimum, each of these buildings shall be retrofitted to a SPC-2
and NPC-3 building, or no longer be used for general acute care
hospital inpatient services.
(c) On or before March 1, 2001, the office shall establish a
schedule of interim work progress deadlines that hospitals shall be
required to meet to be eligible for the extension specified in
subdivision (b). To receive this extension, the hospital building or
buildings shall meet the year 2002 nonstructural requirements.
(d) A hospital building that is eligible for an extension pursuant
to this section shall meet the January 1, 2030, nonstructural and
structural deadline requirements if the building is to be used for
general acute care inpatient services after January 1, 2030.
(e) Upon compliance with subdivision (b), the hospital shall be
issued a written notice of compliance by the office. The office shall
send a written notice of violation to hospital owners that fail to
comply with this section. The office shall make copies of these
notices available on its Web site.
(f) (1) A hospital that has received an extension of the January
1, 2008, deadline pursuant to subdivision (a) or (b) may request an
additional extension of up to two years for a hospital building that
it owns or operates and that meets the criteria specified in
paragraph (2), (3), or (5).
(2) The office may grant the additional extension if the hospital
building subject to the extension meets all of the following
criteria:
(A) The hospital building is under construction at the time of the
request for extension under this subdivision and the purpose of the
construction is to meet the requirements of subdivision (a) to allow
the use of the building as a general acute care hospital building
after the extension deadline granted by the office pursuant to
subdivision (a) or (b).
(B) The hospital building plans were submitted to the office and
were deemed ready for review by the office at least four years prior
to the applicable deadline for the building. The hospital shall
indicate, upon submission of its plans, the SPC-1 building or
buildings that will be retrofitted or replaced to meet the
requirements of this section as a result of the project.
(C) The hospital received a building permit for the construction
described in subparagraph (A) at least two years prior to the
applicable deadline for the building.
(D) The hospital submitted a construction timeline at least two
years prior to the applicable deadline for the building demonstrating
the hospital's intent to meet the applicable deadline. The timeline
shall include all of the following:
(i) The projected construction start date.
(ii) The projected construction completion date.
(iii) Identification of the contractor.
(E) The hospital is making reasonable progress toward meeting the
timeline set forth in subparagraph (D), but factors beyond the
hospital's control make it impossible for the hospital to meet the
deadline.
(3) The office may grant the additional extension if the hospital
building subject to the extension meets all of the following
criteria:
(A) The hospital building is owned by a health care district that
has, as owner, received the extension of the January 1, 2008,
deadline, but where the hospital is operated by an unaffiliated
third-party lessee pursuant to a facility lease that extends at least
through December 31, 2009. The district shall file a declaration
with the office with a request for an extension stating that, as of
the date of the filing, the district has lacked, and continues to
lack, unrestricted access to the subject hospital building for
seismic planning purposes during the term of the lease, and that the
district is under contract with the county to maintain hospital
services when the hospital comes under district control. The office
shall not grant the extension if an unaffiliated third-party lessee
will operate the hospital beyond December 31, 2010.
(B) The hospital building plans were submitted to the office and
were deemed ready for review by the office at least four years prior
to the applicable deadline for the building. The hospital shall
indicate, upon submission of its plans, the SPC-1 building or
buildings that will be retrofitted or replaced to meet the
requirements of this section as a result of the project.
(C) The hospital received a building permit for the construction
described in subparagraph (B) by December 31, 2011.
(D) The hospital submitted, by December 31, 2011, a construction
timeline for the building demonstrating the hospital's intent and
ability to meet the deadline of December 31, 2014. The timeline shall
include all of the following:
(i) The projected construction start date.
(ii) The projected construction completion date.
(iii) Identification of the contractor.
(E) The hospital building is under construction at the time of the
request for the extension, the purpose of the construction is to
meet the requirements of subdivision (a) to allow the use of the
building as a general acute care hospital building after the
extension deadline granted by the office pursuant to subdivision (a)
or (b), and the hospital is making reasonable progress toward meeting
the timeline set forth in subparagraph (D).
(F) The hospital granted an extension pursuant to this paragraph
shall submit an additional status report to the office, equivalent to
that required by subdivision (c) of Section 130061, no later than
June 30, 2013.
(4) An extension granted pursuant to paragraph (3) shall be
applicable only to the health care district applicant and its
affiliated hospital while the hospital is operated by the district or
an entity under the control of the district.
(5) The office may grant the additional extension if the hospital
building subject to the extension meets all of the following
criteria:
(A) The hospital owner submitted to the office, prior to June 30,
2009, a request for review using current computer modeling utilized
by the office and based upon software developed by the Federal
Emergency Management Agency, referred to as Hazards US, and the
building was deemed SPC-1 after that review.
(B) The hospital building plans for the building are submitted to
the office and deemed ready for review by the office prior to July 1,
2010. The hospital shall indicate, upon submission of its plans, the
SPC-1 building or buildings that shall be retrofitted or replaced to
meet the requirements of this section as a result of the project.
(C) The hospital receives a building permit from the office for
the construction described in subparagraph (B) prior to January 1,
2012.
(D) The hospital submits, prior to January 1, 2012, a construction
timeline for the building demonstrating the hospital's intent and
ability to meet the applicable deadline. The timeline shall include
all of the following:
(i) The projected construction start date.
(ii) The projected construction completion date.
(iii) Identification of the contractor.
(E) The hospital building is under construction at the time of the
request for the extension, the purpose of the construction is to
meet the requirements of subdivision (a) to allow the use of the
building as a general acute care hospital building after the
extension deadline granted by the office pursuant to subdivision (a)
or (b), and the hospital is making reasonable progress toward meeting
the timeline set forth in subparagraph (D).
(F) The hospital owner completes construction such that the
hospital meets all criteria to enable the office to issue a
certificate of occupancy by the applicable deadline for the building.
(6) A hospital denied an extension pursuant to this subdivision
may appeal the denial to the Hospital Building Safety Board.
(7) The office may revoke an extension granted pursuant to this
subdivision for any hospital building where the work of construction
is abandoned or suspended for a period of at least one year, unless
the hospital demonstrates in a public document that the abandonment
or suspension was caused by factors beyond its control.
SEC. 3. Section 130061 of the Health and Safety Code is amended to
read:
130061. (a) An owner of a general acute care hospital building
that is classified as a nonconforming Structural Performance
Category-1 (SPC-1) building, who has not requested an extension of
the deadline described in subdivision (a) or (b) of Section 130060,
shall submit a report to the office no later than April 15, 2007,
describing the status of each building in complying with the
requirements of Section 130060. The report shall identify at least
all of the following:
(1) Each building that is subject to subdivision (a) of Section
130060.
(2) The project number or numbers for retrofit or replacement of
each building.
(3) The projected construction start date or dates and projected
construction completion date or dates.
(4) The building or buildings to be removed from acute care
service and the projected date or dates of this action.
(b) An owner of a general acute care hospital building that is
classified as a nonconforming, Structural Performance Category-1
(SPC-1) building, who has requested an extension of the deadline
described in subdivision (a) or (b) of Section 130060, shall submit a
report to the office no later than June 30, 2009, describing the
status of each building in complying with the requirements of Section
130060. The report shall identify, at a minimum, all of the
following:
(1) Each building that is subject to subdivision (a) of Section
130060.
(2) The project number or numbers for retrofit or replacement of
each building.
(3) The projected construction start date or dates and projected
construction completion date or dates.
(4) The building or buildings to be removed from acute care
service and the projected date or dates of that action.
(c) An owner of a general acute care hospital building that is
classified as a nonconforming, Structural Performance Category-1
(SPC-1) building, shall submit a report to the office no later than
November 1, 2010, describing the status of each building in complying
with the requirements of Section 130060, and annually thereafter
shall update the office with any changes or adjustments. The report
shall identify at least all of the following:
(1) For each building that is subject to subdivision (a) of
Section 130060 that is planned for retrofit or replacement, the
report shall identify:
(A) Whether the hospital owner intends to retrofit or replace the
building to SPC-2, SPC-3, SPC-4, or SPC-5.
(B) The deadline, as described in Section 130060 or 130061.5, for
retrofit or replacement of the building that the hospital owner
intends to meet, and the applicable extension for which the hospital
owner has been approved.
(C) The project number or numbers for
retrofit or replacement of each building.
(D) The projected construction start date or dates and projected
construction completion date or dates.
(E) The most recent project status and approvals.
(F) The number of inpatient beds and patient days, by type of unit
and type of service to be provided.
(2) For the building or buildings to be removed from acute care
service, the following information shall be included:
(A) The projected date or dates the building will be removed from
service.
(B) The planned uses of the building or buildings to be removed
from acute care service.
(C) The inpatient services currently delivered in the building or
buildings.
(D) The number of inpatient beds and patient days, by type of unit
and type of service, for the years 2008, 2009, and 2010.
(E) Whether the general acute care services and beds will be
relocated to a new or retrofitted building and any corresponding
building sites or project numbers.
(3) Each hospital owner shall also report, for each facility for
which any buildings will be removed from acute care service, any net
change in the number of inpatient beds, by type of unit and type of
service, taking into account beds provided in buildings to be taken
out of service, beds provided in buildings to be retrofitted or
replaced, and beds provided in any other buildings used for general
acute care inpatient services by the facility.
(4) Each hospital owner shall report any general acute care
hospital inpatient service that is provided in any general acute care
hospital building that is rated SPC-1.
(5) Each hospital owner shall report the final configuration of
all buildings on its campus showing how each building will comply
with the SPC-5/NPC-4 or 5 requirements, whether by retrofit or by
replacement, and the type of services that will be provided in each
general acute care hospital building.
(d) The office shall make the information required by subdivisions
(a) and (b), available on its Internet Web site within 90 days of
receipt of this information.
(e) The office shall make the information required by subdivision
(c) available on its Internet Web site within 90 days of receipt of
this information. The office shall include the hospital name,
hospital owners, and location of the buildings included in the
report, and, to the extent possible, for service areas containing
buildings for which hospital owners report information pursuant to
subdivision (c), include information on the number of inpatient beds,
by type of unit and type of service, provided by facilities
operating buildings that are classified as SPC-2, SPC-3, SPC-4, and
SPC-5.
(f) Hospitals that have not reported pursuant to this section are
not eligible for the extension provided in subdivision (f) of Section
130060.
(g) A hospital that has not submitted a report pursuant to this
section shall be assessed a fine of ten dollars ($10) per licensed
acute care bed per day, but in no case to exceed one thousand dollars
($1,000) per day for each SPC-1 building not in compliance with this
section until it has complied with the provisions of this section.
These fines shall be deposited into the Hospital Building Fund as
specified pursuant to Section 129795. A hospital assessed a fine
pursuant to this section may appeal the assessment to the Hospital
Building Safety Board.
SEC. 4. Section 2.5 of this bill incorporates amendments to
Section 130060 of the Health and Safety Code proposed by this bill
and Assembly Bill 523. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2010,
(2) each bill amends Section 130060 of the Health and Safety Code,
and (3) this bill is enacted after Assembly Bill 523, in which case
Section 130060 of the Health and Safety Code, as amended by Assembly
Bill 523, shall remain operative only until the operative date of
this bill, at which time Section 2.5 of this bill shall become
operative, and Section 2 of this bill shall not become operative.
