California Legislature—2015–16 Regular Session

Assembly BillNo. 1149


Introduced by Assembly Member Wood

February 27, 2015


An act to amend Section 101315 of the Health and Safety Code, relating to public health emergencies, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 1149, as introduced, Wood. Public health emergencies: funding.

Existing law establishes procedures and requirements to govern the allocation to, and expenditure by, local health jurisdictions, hospitals, long-term health care facilities, clinics, emergency medical systems, and poison control centers of federal funding received for the prevention of, and response to, public health emergencies. Existing law provides that these procedures apply only when the specified entities are designated by a federal or state agency to manage the funds for public health preparedness and response to public health emergencies, pursuant to a specified federally approved plan.

This bill would expand these provisions to apply to public health emergency preparedness and response by trade associations of those entities or facilities.

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

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 101315 of the Health and Safety Code
2 is amended to read:

3

101315.  

(a) Federal funding received by the State Department
4of Public Health for bioterrorism preparedness and emergency
5response is subject to appropriation in the annual Budget Act or
6other statute, commencing with the 2003-04 fiscal year.

7(b) This articlebegin delete shall governend deletebegin insert governsend insert those instances when
8federal funding is allocated and expended for public health
9preparedness and response by local health jurisdictions, hospitals,
10long-term health care facilities, clinics, emergency medical
11systems, and poison controlbegin delete centersend deletebegin insert centers, or their trade
12associations,end insert
for the prevention of, and response to, bioterrorist
13attacks and other public health emergencies pursuant to the
14federally approved collaborative state-local plan.

15(c) A local health jurisdiction shall be ineligible to receive
16funding from appropriations made for purposes of this article when
17that local health jurisdiction receives directly or through another
18local jurisdiction federal funding for the same purposes. Moneys
19appropriated for purposes of this article that would have been
20allocated to a local health jurisdiction that is ineligible, pursuant
21to this subdivision, to receive funding shall be allocated, as
22provided in Section 101317, among the remaining local health
23jurisdictions that are eligible.

24(d) Funds appropriated for the purposes of this article shall not
25be used to supplant funding for existing levels of service and shall
26only be used for purposes specified in Section 101317.

27(e) This article shall apply only when local health jurisdictions,
28hospitals, long-term health care facilities, clinics, emergency
29medical systems, and poison controlbegin delete centersend deletebegin insert centers, or their trade
30associationsend insert
are designated by a federal or state agency to manage
31the funds for public health preparedness and response to bioterrorist
32attacks and other public health emergencies, pursuant to the
33federally approved collaborative state-local plan.

34

SEC. 2.  

This act is an urgency statute necessary for the
35immediate preservation of the public peace, health, or safety within
36the meaning of Article IV of the Constitution and shall go into
37immediate effect. The facts constituting the necessity are:

P3    1In order to ensure an adequate and timely response to public
2health threats by preventing the lapse of provisions relating to the
3allocation and expenditure of federal funds for public health
4emergency preparedness programs, it is necessary for this act to
5take effect immediately.



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