AB 1471: Hospitals: seismic compliance: O’Connor Hospital and Santa Clara Valley Medical Center.

Existing law, the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983, establishes a program of seismic safety building standards for certain hospitals. Existing law requires hospitals that are seeking an extension for their buildings to submit an application to the Department of Health Care Access and Information by April 1, 2019, subject to certain exceptions. Existing law requires that final seismic compliance be achieved by July 1, 2022, if the compliance is based on a replacement or retrofit plan, or by January 1, 2025, if the compliance is based on a rebuild plan. Notwithstanding the above provisions, existing law authorizes the department to waive the requirements of the act for the OConnor Hospital and Santa Clara Valley Medical Center in the City of San Jose if the hospital or medical center submits, on or before January 15, 2022, a plan for compliance, and the department accepts the plan based on it being feasible to complete and promoting public safety. Existing law requires, if the department accepts the plan, the hospital or medical center to report to the department on its progress to timely complete the plan by specified dates.

This bill would extend the deadline for the hospitals or medical centers plan for compliance, and would add additional dates for the hospital or medical center to report to the department on its progress. The bill would apply these provisions retroactively to avoid any period of noncompliance.

This bill would impose penalties to a hospital that fails to meet its deadline, and would require the county to pay these penalties to the department. The bill would require the department to collect interest and the costs associated with recovery of any arrears, to withhold any building permits, except as specified, and to collect the full amount due under specified authorities if the county fails to make a payment to the department within 30, 60, and 90 days, respectively, of the initial notice of penalties.

This bill would declare that it is to take effect immediately as an urgency statute.

This bill would make legislative findings and declarations as to the necessity of a special statute for County of Santa Clara.