California 2009-2010 Regular Session Status: To Executive

SB 499 — Hospitals: seismic safety.

Last action — Chaptered by Secretary of State. Chapter 601, Statutes of 2009.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(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.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 601, Statutes of 2009.

  2. Approved by Governor.

  3. Enrolled. To Governor at 1 p.m.

  4. Senate concurs in Assembly amendments. (Ayes 31. Noes 1. Page 2417.) To enrollment.

  5. From committee: That the Assembly amendments be concurred in. (Ayes 9. Noes 1. Page 2469.)

  6. From committee: Pursuant to Senate Rule 29.10 be re-referred to Com. on HEALTH. (Ayes 3. Noes 0. Page 2410.) Re-referred to Com. on HEALTH.

  7. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.

  8. In Senate.

  9. Read third time. Passed. (Ayes 72. Noes 3. Page 3330.) To Senate.

  10. Read second time. To third reading.

  11. From committee: Do pass. (Ayes 15. Noes 0.)

  12. (Heard in committee on September 9.)

  13. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 17. Noes 0.) Re-referred to Com. on APPR.

  14. Joint Rule 62(a) file notice (Coms. on HEALTH and APPR.) suspended. (Page 3152.)

  15. Re-referred to Coms. on HEALTH and APPR. pursuant to Assembly Rule 77.2.

  16. Read third time. Amended. (Page 3038.)

  17. Read second time. To third reading.

  18. (Received by Desk on August 28 pursuant to Joint Rule 61(a)(11).)

  19. (Heard in committee on August 27.)

  20. From committee: Do pass. (Ayes 17. Noes 0.)

  21. Set, first hearing. Referred to APPR. suspense file.

  22. (Heard in committee on June 9.)

  23. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 17. Noes 0.) Re-referred to Com. on APPR.

  24. To Com. on HEALTH.

  25. In Assembly. Read first time. Held at Desk.

  26. Read third time. Passed. (Ayes 35. Noes 0. Page 797.) To Assembly.

  27. To Special Consent Calendar.

  28. Read second time. To third reading.

  29. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  30. Set for hearing April 27.

  31. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 11. Noes 0. Page 556.) Re-referred to Com. on APPR.

  32. Set for hearing April 15.

  33. Set, first hearing. Hearing canceled at the request of author.

  34. Set for hearing April 1.

  35. To Com. on HEALTH.

  36. From print. May be acted upon on or after March 28.

  37. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Ducheny · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Ducheny

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SB 499 Ducheny Senate Third Reading

Passed 84 Yea · 3 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 78304
Democratic 3000
Republican 3000
Total 84304
% of votes cast 92%3%0%4%
How each member voted (91)
Member Party Vote
Hall — Yea
Bill — Yea
Tom — Yea
Charles — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Galgiani — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Carter — Yea
Chesbro — Yea
Gilmore — Yea
Bass — Yea
Conway — Yea
Coto — Yea
Hagman — Yea
Harkey — Yea
Hernandez — Yea
Huber — Yea
Huffman — Yea
Knight — Yea
Krekorian — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Skinner — Not Voting
Anderson — Yea
Beall — Yea
Adams — Yea
Ammiano — Nay
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Not Voting
Brownley — Not Voting
Buchanan — Yea
Hayashi — Not Voting
Hill — Yea
Jeffries — Yea
Lieu — Nay
Ma — Yea
Nava — Yea
Nielsen — Yea
Swanson — Nay
Torrico — Yea
Cook — Yea
Emmerson — Yea
Evans — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Fuller — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Unfinished Supp 1 SB499 Ducheny Concurrence

Passed 32 Yea · 1 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 30107
Democratic 1001
Republican 1000
Total 32108
% of votes cast 78%2%0%20%
How each member voted (41)
Member Party Vote
Yee — Nay
Hancock — Yea
Cedillo — Yea
Corbett — Yea
Ducheny — Yea
Dutton — Yea
Harman — Yea
Hollingsworth — Yea
Kehoe — Yea
Leno — Yea
Lowenthal — Yea
Negrete — Yea
Benoit — Yea
McLeod — Yea
Pavley — Yea
Romero — Yea
Runner — Yea
Wyland — Yea
Cogdill — Not Voting
Oropeza — Not Voting
Ashburn — Not Voting
Steinberg — Not Voting
Walters — Yea
Wolk — Not Voting
Wright — Yea
Aanestad — Yea
Alquist — Yea
Huff — Yea
Liu — Yea
Maldonado — Not Voting
Price — Yea
Simitian — Yea
Wiggins — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

From committee: That the Assembly Amendments be concurred in.

Passed 10 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9101
Republican 1000
Total 10101
% of votes cast 83%8%0%8%
How each member voted (12)
Member Party Vote
Cedillo — Yea
Negrete — Yea
Leno — Yea
McLeod — Yea
Pavley — Yea
Wolk — Nay
Aanestad — Yea
Alquist — Not Voting
Maldonado — Yea
Cox — Yea
DeSaulnier — Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on Appropriations.

Passed 24 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 22002
Republican 2000
Total 24002
% of votes cast 92%0%0%8%
How each member voted (26)
Member Party Vote
Carter — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Salas — Yea
Audra — Yea
Conway — Yea
Hall — Yea
Hernandez — Yea
Nava — Yea
Ammiano — Not Voting
Adams — Yea
Block — Yea
Hayashi — Not Voting
Emmerson — Yea
Beth Gaines — Yea
Jones, Brian W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 20 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 18001
Democratic 1000
Republican 1000
Total 20001
% of votes cast 95%0%0%5%
How each member voted (21)
Member Party Vote
Hall — Not Voting
Conway — Yea
Coto — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Harkey — Yea
Miller — Yea
Nielsen — Yea
Skinner — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20000
Democratic 1000
Republican 1000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)
Member Party Vote
Fuentes — Yea
Hall — Yea
Hill — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Miller — Yea
Nielsen — Yea
Skinner — Yea
Torlakson — Yea
Ammiano — Yea
Harkey — Yea
Solorio — Yea
Conway — Yea
Coto — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on Appropriations.

Passed 24 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 22002
Republican 2000
Total 24002
% of votes cast 92%0%0%8%
How each member voted (26)
Member Party Vote
Carter — Not Voting
Hall — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Salas — Yea
Audra — Yea
Block — Yea
Nava — Yea
Conway — Not Voting
Adams — Yea
Ammiano — Yea
Emmerson — Yea
Beth Gaines — Yea
Jones, Brian W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Special Consent #2 SB499 Ducheny

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 32004
Democratic 3000
Republican 1000
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Negrete — Yea
Florez — Yea
Runner — Not Voting
Cedillo — Not Voting
Hancock — Yea
Hollingsworth — Yea
Huff — Yea
Kehoe — Yea
Liu — Yea
McLeod — Yea
Ducheny — Yea
Dutton — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Yea
Wolk — Yea
Cogdill — Yea
Benoit — Yea
Corbett — Yea
Aanestad — Not Voting
Alquist — Yea
Ashburn — Yea
Harman — Yea
Leno — Yea
Maldonado — Yea
Oropeza — Yea
Romero — Yea
Wright — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Not Voting
Denham — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

public-safety healthcare
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Frequently asked questions

What does SB 499 do?
(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.
Who sponsors SB 499?
SB 499 is sponsored by Ducheny.
What is the current status of SB 499?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 499?
Track SB 499 free on One Click Politics — get push/email alerts when it moves.

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