SB 1432

Bill Subjects

Abstract

(1) Existing law, the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983, establishes, under the jurisdiction of the Office of Health Care Access and Information, a program of seismic safety building standards for certain hospitals constructed on and after March 7, 1973. Existing law requires that, by January 1, 2030, owners of these hospitals must either demolish, replace, or change to nonacute care use all hospital buildings that are not in compliance with these standards or seismically retrofit all acute care inpatient hospital buildings so they are in substantial compliance with these standards, unless subject to an abeyance. This bill would additionally authorize additional extensions to the compliance deadline if specified requirements are met. The bill would authorize the department to grant an extension of the deadline for substantial compliance with seismic safety regulations or standards to January 1, 2033, for any hospital building for which the hospital owner submits specified items to the department by specified dates. The bill would authorize a hospital to propose a final compliance date that extends up to 5 years beyond January 1, 2033, but no later than January 1, 2038. The bill would additionally authorize the department to grant a different extension to the deadline for substantial compliance with seismic safety regulations or standards for up to an additional 5 years if the owner has demonstrated one or more specified requirements to the department. The bill would require the department to take additional actions prior to granting an extension beyond January 1, 2033. The bill would require the department, beginning January 1, 2028, to post on the department's internet website its decision to grant or deny any extension. The bill would require the department to notify the county board of supervisors, the city council, and the Assembly and Senate representative in writing and electronically if a hospital within their district has been granted or denied an extension. The bill would require the department, on or before January 1, 2026, to adopt regulations and standards or revise regulations and standards, or both, to extend the deadlines for meeting the structural performance and nonstructural performance requirements. The bill would specify that regulatory submissions made by the department to the California Building Standards Commission are deemed to be emergency regulations and that the adoption of these regulations are to be deemed an emergency and necessary for the immediate preservation of the public peace, health and safety, and general welfare. The bill would require an owner of an acute care inpatient hospital that does not substantially comply with the seismic safety regulations or standards to submit a seismic compliance plan, as specified, to the department by no later than January 1, 2026. The bill would require, among other things, the owner to annually update the department with any changes or adjustments to its seismic compliance plan, and the department to post each seismic compliance plan submitted on its internet website within 90 calendar days of receipt. The bill would require an acute care inpatient hospital with one or more specified hospital buildings to submit a Patient Alternate Care Sites and Transfer Plan to the department, as specified, by no later than January 1, 2026, to address continued care for the hospital's patients following a seismic event through alternate care sites on the hospital campus and other health care facilities. The bill would require the hospital to submit updates to the plan, if any, on an annual basis to the department, and would remove the requirement to submit annual updates as of the date the hospital no longer has one or more specified buildings. The bill would require the department, in consultation with the California Health Facilities Financing Authority, to submit a report to the Legislature on or before January 1, 2028, as specified. The bill would require the department to convene a stakeholder workgroup on or before January 1, 2028, to facilitate input, as specified. The bill would require the department to provide a report to the Legislature by July 1, 2028, detailing any findings and recommendations from the stakeholder workgroup. (2) Existing law requires the owner of specified hospital facilities whose building does not substantially comply with seismic safety regulations or standards to submit to the department an attestation that the board of directors of that hospital is aware the hospital building is required to meet the January 1, 2030, deadline for substantial compliance. Existing law requires, before January 1, 2024, the owner of an acute care inpatient hospital that includes a building that does not substantially comply with seismic safety regulations or standards to post in a lobby or waiting area generally accessible to patients or the public a notice provided by the department that the hospital is not in compliance with the seismic safety requirements the hospital is required to meet by January 1, 2030. Existing law requires, on or before January 1, 2024, and annually thereafter, the owner of an acute care inpatient hospital that includes a building that does not substantially comply with seismic safety regulations or standards to provide an annual status update on the Structural Performance Category ratings of the buildings and the services provided in each hospital building on the hospital campus to specified entities until each of the hospital buildings owned by that hospital building owner is compliant. Existing law requires, by July 1, 2023, the department to develop the notice required to be posted to clearly convey to patients and the public that the hospital building does not meet seismic safety standards intended to ensure the hospital will be capable of continued operation following an earthquake. The bill would instead require, before January 1, 2026, the owner of specified hospital facilities whose building does not substantially comply with seismic safety regulations or standards to submit to the department an attestation that the board of directors of that hospital is aware the building is required to meet either the January 1, 2030 deadline, the January 1, 2033 deadline, or a subsequent date that is applicable to a hospital subject to an additional extension, as specified, and that the hospital is seeking an extension. By imposing new requirements under the act for owners of hospitals with regard to extension applications and the above-described attestation, this bill would expand the scope of a crime, thereby imposing a state-mandated local program. The bill would require, before January 1, 2025, the owner of an acute care inpatient hospital that includes a building that does not substantially comply with the seismic safety regulations or standards to post in any lobby or waiting area generally accessible to patients or the public a specified notice. The bill would also require, on or before January 1, 2025, and annually thereafter, the owner to provide an annual status update, as specified. (3) The bill would specify that the provisions of this act are severable. 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.