Health and Safety Code — Part 31 | HSC — United States — California law | Esheria

Health and Safety Code

Part 31 of 87 · provisions 6,001–6,200

This section says the act is to be known as the Health and Safety Code.

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About this statute

The Legislature states findings supporting a unified, single-payer-style health care financing system for all Californians. The State Department of Health Services is renamed the State Department of Health Care Services, and its retained functions continue with the renamed department. The Director of Health Care Services is appointed by the Governor with Senate confirmation, the director receives a salary set by law, and the Governor may appoint up to two chief deputies on the director’s recommendation. The director has the powers of a department head under the cited Government Code chapter. The Department of Health Services has a Division of Rural Health, and that division must administer specified chapters and sections.

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Provisions of Health and Safety Code

Showing 200 of 17,333

  1. 13.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. )

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    For this code section, words in the singular also include the plural, and words in the plural also include the singular.

    ## Health and Safety Code - HSC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 60. ) ## 13. The singular number includes the plural, and the plural the singular. (Enacted by Stats. 1939, Ch. 60.)
  2. 1300.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 5. Suspension and Revocation [1294 - 1300] ( Article 5 added by Stats. 1973, Ch. 1202. )

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    A licensee or special-permit holder may surrender the permit with state department approval, and the department may later reinstate a suspended or canceled permit if the application shows compliance with Section 1265.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 5. Suspension and Revocation [1294 - 1300] ( Article 5 added by Stats. 1973, Ch. 1202. ) ## 1300. (a) Any licensee or holder of a special permit may, with the approval of the state department, surrender his or her license or special permit for suspension or cancellation by the state department. Any license or special permit suspended or canceled pursuant to this section may be reinstated by the state department on receipt of an application showing compliance with the requirements of Section 1265. (b) Before approving a downgrade or closure of emergency services pursuant to subdivision (a), the state department shall receive a copy of the impact evaluation of the county to determine impacts, including, but not limited to, an impact evaluation of the downgrade or closure upon the community, including community access to emergency care, and how that downgrade or closure will affect emergency services provided by other entities. Development of the impact evaluation shall incorporate at least one public hearing. The county in which the proposed downgrade or closure will occur shall ensure the completion of the impact evaluation, and shall notify the state department of results of an impact evaluation within three days of the completion of that evaluation. The county may designate the local emergency medical services agency as the appropriate agency to conduct the impact evaluation. The impact evaluation and hearing shall be completed within 60 days of the county receiving notification of intent to downgrade or close emergency services. The county or designated local emergency medical services agency shall ensure that all hospital and prehospital health care providers in the geographic area impacted by the service closure or change are consulted with, and that local emergency service agencies and planning or zoning authorities are notified, prior to completing an impact evaluation as required by this section. This subdivision shall be implemented on and after the date that the county in which the proposed downgrade or closure will occur, or its designated local emergency medical services agency, has developed a policy specifying the criteria it will consider in conducting an impact evaluation, as required by subdivision (c). (c) The Emergency Medical Services Authority shall develop guidelines for development of impact evaluation policies. On or before June 30, 1999, each county or its designated local emergency medical services agency shall develop a policy specifying the criteria it will consider in conducting an impact evaluation pursuant to subdivision (b). Each county or its designated local emergency medical services agency shall submit its impact evaluation policy to the state department and the Emergency Medical Services Authority within three days of completion of the policy. The Emergency Medical Services Authority shall provide technical assistance upon request to a county or its designated local emergency medical services agency. (Amended by Stats. 1999, Ch. 83, Sec. 95. Effective January 1, 2000.)
  3. 13000.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Liability in Relation to Fires [13000 - 13011] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

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    A person who kindles or tends a fire must use every reasonable and proper precaution to keep it from escaping or spreading to another person’s land, or the person may be guilty of a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Liability in Relation to Fires [13000 - 13011] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 13000. Every person is guilty of a misdemeanor who allows a fire kindled or attended by him to escape from his control or to spread to the lands of any person other than the builder of the fire without using every reasonable and proper precaution to prevent the fire from escaping. (Enacted by Stats. 1939, Ch. 60.)
  4. 130000.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 8. New State Responsibilities For Seismic Safety in Hospitals [130000 - 130025] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 9. )

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    The state must disclose hospital earthquake performance to interested public agencies and encourage hospital retrofits, replacements, and system upgrades to reduce collapse risk and improve operations.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 8. New State Responsibilities For Seismic Safety in Hospitals [130000 - 130025] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 130000. (a) The Legislature hereby finds and declares the following: (1) The Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 was created because of the loss of life in the collapse of hospitals during the Sylmar earthquake of 1971. (2) We were reminded of the vulnerability of hospitals in the Northridge earthquake of January 17, 1994. (3) Several hospitals built prior to the act suffered major damage and had to be evacuated. (4) Hospitals built to the Alfred E. Alquist Hospital Facilities Seismic Safety Act standards resisted the Northridge earthquakes with very little structural damage demonstrating the value and necessity of this act. (5) Both pre- and post-act hospitals suffered damage to architecture and to power and water systems that prevented hospitals from being operational, caused the loss of one life, triggered evacuations, unacceptable property losses, and added additional concerns on emergency medical response. (6) An earthquake survivability inventory of California’s hospitals completed by the Department of Health Care Access and Information in December 1989 indicated that over 83 percent of the state’s hospital beds were in buildings that did not comply with the Alfred E. Alquist Hospital Facilities Seismic Safety Act because they were issued permits prior to the effective date of the act. Furthermore, 26 percent of the beds are in buildings posing significant risks of collapse since they were built before modern earthquake codes. The older hospitals pose significant threats of collapse in major earthquakes and loss of functions in smaller or more distant earthquakes. (7) The 1989 survey also states: “Of the 490 hospitals surveyed, nine hospitals are in Alquist–Priolo Earthquake Fault Rupture Zones, 31 are in areas subject to soil liquefaction, 14 in areas with landslide potential, 33 in flood zones, and 29 have a possible loss or disruption of access. Two hundred five hospitals had no emergency fuel for their main boilers on hand, 19 had no emergency fuel for their emergency generators. Onsite emergency potable water was available at 273 hospitals and nonpotable water was available at 102 hospitals. Four hundred eighteen hospitals had emergency radios onsite, and 419 hospitals had inadequate or partially adequate equipment anchorage. In terms of available emergency preparedness, inadequate or partially inadequate equipment anchorage is still the most widespread shortcoming.” (8) This survey identifies many of the shortcomings that caused 23 hospitals to suspend some or all operations after the Northridge earthquake. However, one hospital was rebuilt to comply with the Alfred E. Alquist Hospital Facilities Seismic Safety Act after an older hospital building had partially collapsed in the 1971 Sylmar earthquake. The rebuilt hospital suffered failures in water distribution systems and had to be evacuated. (9) The state must rely on hospitals to support patients and offer medical aid to earthquake victims. (b) Therefore, it is the intent of the Legislature, that: (1) By enacting this article, the state shall take steps to ensure that the expected earthquake performance of hospital buildings housing inpatients and providing primary basic services is disclosed to public agencies that have a need and a right to know, because the medical industry cannot immediately bring all hospital buildings into compliance with the Alfred E. Alquist Hospital Facilities Seismic Safety Act. (2) The state shall encourage structural retrofits or replacements of hospital buildings housing inpatients and providing primary basic services that place lives at risk because of their potential for collapse during an earthquake. (3) The state shall also encourage retrofits and enhancements to critical hospital architecture, equipment, and utility and communications systems to improve the ability of hospitals to remain operational for those hospitals that do not pose risk to life. (Amended by Stats. 2021, Ch. 143, Sec. 322. (AB 133) Effective July 27, 2021.)
  5. 130002.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 8. New State Responsibilities For Seismic Safety in Hospitals [130000 - 130025] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 9. )

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    The Legislature states that acute care hospitals should be fully functional after an earthquake and expresses an intent that key government entities be notified about hospitals’ compliance status.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 8. New State Responsibilities For Seismic Safety in Hospitals [130000 - 130025] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 130002. (a) The Legislature finds and declares all of the following: (1) Following a major earthquake, Californians will rely on their community hospitals to provide care to those who are injured, to continue to care for those already within the hospital, and to respond to the emergent needs of new patients. (2) Under existing law, all hospital buildings providing acute care services in California are required to be fully functional to provide care following an earthquake as of 2030. This standard includes both structural performance categories (SPC) and nonstructural performance categories (NPC), such as for electricity, water, sewage, oxygen, and other mechanical and electrical systems. (3) The Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983, which was passed after the 1971 Sylmar earthquake that caused the collapse of the Veteran Administration Hospital and killed 47 people, as well as the collapse of large sections of Olive View County Hospital, which led to its closure six weeks after it opened, required that new hospital construction be seismically sound. The act’s focus on new hospital construction was based on the understanding that the useful life of hospital buildings was 20 to 30 years and that most existing hospital buildings would be replaced by the mid-1990s. (4) The 1994 Northridge earthquake showed that nonstructural damage is a serious threat to patient safety and a hospital’s capacity to function. Also, as of 1994, most hospital buildings still predated 1972 and thus were at risk of collapse in a major earthquake. (5) As of 2022, most hospitals in California do not fully meet the seismic safety standards that will be required in order to remain operational past the 2030 deadline. (6) Patients receiving care in seismically deficient hospitals when an earthquake occurs will be at risk of needing to be immediately evacuated, even if other hospitals in the area have also been impacted by the earthquake. Additionally, seismically deficient hospital buildings may not be available to treat new patients. (7) It is critical for cities, counties, and the state to fully understand hospitals’ seismic safety compliance in order to prepare earthquake response and recovery plans. (b) The Legislature reaffirms its commitment to Californians that hospitals will be fully functional and able to provide hospital care to Californians after an earthquake. (c) Therefore, it is the intent of the Legislature to ensure that the Department of Health Care Access and Information, Office of Emergency Services, relevant local government entities, and other interested parties are notified of the status of acute care hospitals’ compliance with existing requirements that the facilities be fully functional to provide care following an earthquake as of 2030. (Added by Stats. 2022, Ch. 584, Sec. 1. (AB 1882) Effective January 1, 2023.)
  6. 130005.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 8. New State Responsibilities For Seismic Safety in Hospitals [130000 - 130025] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 9. )

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    The Department of Health Care Access and Information must create and submit hospital earthquake performance definitions and related seismic regulations by the stated deadlines.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 8. New State Responsibilities For Seismic Safety in Hospitals [130000 - 130025] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 130005. By June 30, 1996: (a) The Department of Health Care Access and Information, hereinafter called the department, shall develop definitions of earthquake performance categories for earthquake ground motions for both new and existing hospitals that are: (1) Reasonably capable of providing services to the public after a disaster, designed and constructed to resist, insofar as practical, the forces generated by earthquakes, gravity, and winds, and in full compliance with the regulations and standards developed by the department pursuant to the Alfred E. Alquist Hospital Facilities Seismic Safety Act. (2) In substantial compliance with the pre-1973 California Building Standards Codes, but not in substantial compliance with the regulations and standards developed by the department pursuant to the Alfred E. Alquist Hospital Facilities Seismic Safety Act. These buildings may not be repairable or functional but will not significantly jeopardize life. (3) Potentially at significant risk of collapse and that represent a danger to the public. (b) The department may define other earthquake performance categories as it deems necessary to meet the intent of this article and the Alfred E. Alquist Hospital Facilities Seismic Safety Act. (c) Earthquake performance categories shall also include subgradations for risk to life, structural soundness, building contents, and nonstructural systems that are critical to providing basic services to hospital inpatients and the public after a disaster. (d) Earthquake performance categories shall, as far as practicable, use language consistent with definitions and concepts as developed in the model codes and other state and federal agencies. Where the department finds that deviations from other’s definitions and concepts are necessary and warranted to comply with the intent of the Alfred E. Alquist Hospital Facilities Seismic Safety Act, the act that added this article, or the specific nature or functions of hospitals, the department shall provide supporting documentation that justifies these differences. (e) Insofar as practicable, the department shall define rapid seismic evaluation procedures that will allow owners to determine with reasonable certainty the existing applicable earthquake performance categories and the minimum acceptable earthquake performance categories for hospital buildings. These procedures shall allow for abbreviated analysis when known vulnerability is clear and when construction in accordance with post-1973 codes allows for an evaluation focusing on limited structural and nonstructural elements. (f) The department, in consultation with the Hospital Building Safety Board, shall develop regulations to identify the most critical nonstructural systems and to prioritize the timeframes for upgrading those systems that represent the greatest risk of failure during an earthquake. (g) The department shall develop regulations as they apply to the administration of seismic standards for retrofit designs, construction, and field reviews for the purposes of this article. (h) The department shall develop regulations for the purpose of reviewing requests and granting delays to hospitals demonstrating a need for more time to comply with Section 130060. (i) The department shall submit all information developed pursuant to subdivisions (a) to (f), inclusive, to the California Building Standards Commission by June 30, 1996. (j) The department shall submit all information developed pursuant to subdivisions (g) and (h) to the California Building Standards Commission by December 31, 1996. (k) “Hospital building,” as used in Article 8 and Article 9 of this chapter means a hospital building as defined in Section 129725 and that is also licensed pursuant to subdivision (a) of Section 1250, but does not include these buildings if the beds licensed pursuant to subdivision (a) of Section 1250, as of January 1, 1995, comprise 10 percent or less of the total licensed beds of the total physical plant, and does not include facilities owned or operated, or both, by the Department of Corrections. (Amended by Stats. 2021, Ch. 143, Sec. 323. (AB 133) Effective July 27, 2021.)
  7. 130006.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 8. New State Responsibilities For Seismic Safety in Hospitals [130000 - 130025] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 9. )

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    This section requires certain hospital building classifications to be labeled in specified ways on the department’s website and in compliance documents.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 8. New State Responsibilities For Seismic Safety in Hospitals [130000 - 130025] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 130006. (a) A hospital building that is classified as SPC-2 shall be identified as “These buildings do not significantly jeopardize life, but may not be repairable or functional following an earthquake” on the department’s internet website and in all documents and submissions to the department by the hospital owner relating to compliance with Section 130065. (b) A hospital building that is classified as both SPC-5 and NPC-5 may be labeled “earthquake resilient” on the department’s internet website and in all documents and submissions to the department by the hospital owner relating to compliance with Section 130065. (Added by Stats. 2022, Ch. 584, Sec. 2. (AB 1882) Effective January 1, 2023.)
  8. 13001.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Liability in Relation to Fires [13000 - 13011] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

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    A person commits a misdemeanor by carelessly or negligently starting a fire risk with burning substances or certain devices, unless surrounding flammable material is cleared or other reasonable precautions are taken.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Liability in Relation to Fires [13000 - 13011] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 13001. Every person is guilty of a misdemeanor who, through careless or negligent action, throws or places any lighted cigarette, cigar, ashes, or other flaming or glowing substance, or any substance or thing which may cause a fire, in any place where it may directly or indirectly start a fire, or who uses or operates a welding torch, tar pot or any other device which may cause a fire, who does not clear the inflammable material surrounding the operation or take such other reasonable precautions necessary to insure against the starting and spreading of fire. (Amended by Stats. 1965, Ch. 732.)
  9. 130010.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 8. New State Responsibilities For Seismic Safety in Hospitals [130000 - 130025] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 9. )

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    The department must review and approve certain seismic-related reports and documents from hospital owners, and inspect construction done under this article.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 8. New State Responsibilities For Seismic Safety in Hospitals [130000 - 130025] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 130010. The department is responsible for reviewing and approving seismic evaluation reports, compliance schedules and construction documents that are developed by hospital owners, and field review of construction for work done pursuant to this article. (Amended by Stats. 2021, Ch. 143, Sec. 324. (AB 133) Effective July 27, 2021.)
  10. 13002.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Liability in Relation to Fires [13000 - 13011] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

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    It is a misdemeanor to throw or discharge lit or glowing substances, or anything that may cause a fire, on highways, sidewalks, or public or private property.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Liability in Relation to Fires [13000 - 13011] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 13002. (a) Every person is guilty of a misdemeanor who throws or discharges any lighted or nonlighted cigarette, cigar, match, or any flaming or glowing substance, or any substance or thing which may cause a fire upon any highway, including any portion of the right-of-way of any highway, upon any sidewalk, or upon any public or private property. This subdivision does not restrict a private owner in the use of his or her own private property, unless the placing, depositing, or dumping of the waste matter on the property creates a public health and safety hazard, a public nuisance, or a fire hazard, as determined by a local health department, local fire department or fire district, or the Department of Forestry and Fire Protection, in which case this section applies. (b) Every person convicted of a violation of this section shall be punished by a mandatory fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) upon a first conviction, by a mandatory fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) upon a second conviction, and by a mandatory fine of not less than seven hundred fifty dollars ($750) nor more than one thousand dollars ($1,000) upon a third or subsequent conviction. The court may, in addition to the fine imposed upon a conviction, require as a condition of probation, in addition to any other condition, that any person convicted of a violation of this section pick up litter at a time and place within the jurisdiction of the court for not less than eight hours. (Amended by Stats. 1987, Ch. 133, Sec. 1.)
  11. 130020.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 8. New State Responsibilities For Seismic Safety in Hospitals [130000 - 130025] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 9. )

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    The California Building Standards Commission must adopt seismic safety and retrofit standards by the stated deadlines, using procedures and categories developed by the department.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 8. New State Responsibilities For Seismic Safety in Hospitals [130000 - 130025] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 130020. (a) By December 31, 1996, the California Building Standards Commission shall review, revise as necessary and adopt earthquake performance categories, seismic evaluation procedures, and standards and timeframes for upgrading the most critical nonstructural systems as developed by the department. By June 30, 1997, the California Building Standards Commission shall review, revise as necessary, and adopt seismic retrofit building standards and procedures for reviewing requests and granting delays to hospitals that demonstrate a need for more time to comply with Section 130060. (b) For purposes of this section all submittals made by the department pursuant to subdivisions (i) and (j) of Section 130005 shall be deemed as emergency regulations and adopted as such. (Amended by Stats. 2021, Ch. 143, Sec. 325. (AB 133) Effective July 27, 2021.)
  12. 130025.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 8. New State Responsibilities For Seismic Safety in Hospitals [130000 - 130025] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 9. )

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    After certain seismic or other major calamities, the department must send representatives to inspect hospital structures or systems, and it may place warning or occupancy tags on the building.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 8. New State Responsibilities For Seismic Safety in Hospitals [130000 - 130025] ( Article 8 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 130025. (a) In the event of a seismic event, or other natural or manmade calamity that the department believes is of a magnitude so that it may have compromised the structural integrity of a hospital building, or any major system of a hospital building, the department shall send one or more authorized representatives to examine the structure or system. “System” for these purposes shall include, but not be limited to, the electrical, mechanical, plumbing, and fire and life safety system of the hospital building. If, in the opinion of the department, the structural integrity of the hospital building or any system has been compromised and damaged to a degree that the hospital building has been made unsafe to occupy, the department may cause to be placed on the hospital building either a red tag, a yellow tag, or a green tag. (b) A “red” tag shall mean the hospital building is unsafe and shall be evacuated immediately. Access to red-tagged buildings shall be restricted to persons authorized by the department to enter. (c) A “yellow” tag shall mean that the hospital building has been authorized for limited occupancy, and the authorized representative of the department shall write directly on the yellow tag that portion of the hospital building that may be entered with or without restriction and those portions that may not. (d) A “green” tag shall mean the hospital building and all of its systems have been inspected by an authorized agent of the department, and have been found to be safe for use and occupancy. (e) Any law enforcement or other public safety agency of this state shall grant access to hospital buildings by authorized representatives of the department upon the showing of appropriate credentials. (f) For purposes of this section, “hospital building” includes the buildings referred to in paragraphs (2) and (3) of subdivision (b) of Section 129725. (Amended by Stats. 2021, Ch. 143, Sec. 326. (AB 133) Effective July 27, 2021.)
  13. 13003.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Liability in Relation to Fires [13000 - 13011] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

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    Using certain steam engines near forests or similar land is a misdemeanor unless the equipment has devices to stop fire or sparks and the operator takes every reasonable precaution.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Liability in Relation to Fires [13000 - 13011] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 13003. Every person is guilty of a misdemeanor who uses any steam-powered logging locomotive, donkey, or threshing engine, or any other steam engine or steam boiler, in or near any forest, brush, grass, grain, or stubble land, unless the steam engine or steam boiler is provided with adequate devices to prevent the escape of fire or sparks and unless he uses every reasonable precaution to prevent the causing of fire thereby. (Amended by Stats. 1971, Ch. 445.)
  14. 13004.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Liability in Relation to Fires [13000 - 13011] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

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    A person who harvests certain grain or hay crops with specified machinery must keep a fully equipped, water-filled, ready-to-use backpack or pump-type extinguisher on each machine or press at all times, or face misdemeanor liability.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Liability in Relation to Fires [13000 - 13011] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 13004. Every person is guilty of a misdemeanor who harvests grain or causes it to be harvested by means of a combined harvester, header, or stationary threshing machine, or who bales hay by means of a hay press, or harvests by means of a mechanical harvester other agricultural crops which are flammable at the time of harvest, unless he keeps at all times in a convenient place upon each machine or press, one backpack or pump-type water extinguisher of not less than four-gallon capacity fully equipped, filled with water and ready for immediate use. (Amended by Stats. 1968, Ch. 900.)
  15. 13005.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Liability in Relation to Fires [13000 - 13011] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

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    This section makes it a misdemeanor to sell, rent, lease, offer, or operate certain hydrocarbon-fueled farm or crop equipment unless it has the required spark arrester/fire-prevention setup or the required written notice is given.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Liability in Relation to Fires [13000 - 13011] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 13005. Every person is guilty of a misdemeanor who: (a) Sells, offers for sale, leases, or rents to any person any tractor, engine, machine, or truck equipped with an internal combustion engine that uses hydrocarbon fuels, if either: (1) It is specifically designed for use in harvesting or moving grain or hay or for use on land covered with any other flammable agricultural crop, unless the exhaust system of the engine is equipped with a spark arrester in effective working order or the engine is constructed, equipped, and maintained for the prevention of fire pursuant to Section 4443 of the Public Resources Code. (2) It is not specifically designed for any of the uses described in paragraph (1) but could be used for any of those uses, unless the person provides written notice to the purchaser or bailee at the time of sale or at the time of entering into the lease or rental contract stating that the use or operation of the engine on any flammable agricultural cropland is a violation of subdivision (b), unless the exhaust system is equipped with a spark arrester in effective working order or the engine is constructed, equipped, and maintained for the prevention of fire pursuant to Section 4443 of the Public Resources Code. (b) Operates or causes to be operated any tractor, engine, machine, or truck equipped with an internal combustion engine that uses hydrocarbon fuels in harvesting or moving grain or hay, or on land covered with any other flammable agricultural crop, unless the engine is equipped with a spark arrester maintained in effective working order or the engine is constructed, equipped, and maintained for the prevention of fire pursuant to Section 4443 of the Public Resources Code. Spark arrester, as used in this section, is as defined in Section 4442 of the Public Resources Code. Spark arresters attached to the exhaust system of engines on equipment or vehicles, as described in this section, shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material. Motortrucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to the provisions of paragraph (2) of subdivision (a) if the exhaust system is equipped with a muffler as defined in the Vehicle Code. (Amended by Stats. 1982, Ch. 1333, Sec. 2.)
  16. 130050.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. )

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    Owners of general acute care hospitals must complete seismic evaluation and compliance-planning steps, and submit related materials to the department for review and approval.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 130050. (a) Within three years after the adoption of the standards described in Section 130020, owners of all general acute care hospitals shall: (1) Conduct seismic evaluations in accordance with procedures developed by the department pursuant to subdivision (e) of Section 130005 and submit evaluations to the department for its review and approval. (2) Identify the most critical nonstructural systems that represent the greatest risk of failure during an earthquake and submit the timetables for upgrading those systems pursuant to subdivision (f) of Section 130005 to the department for its review and approval. (3) With respect to the nonstructural performance evaluation required by this subdivision, the evaluation need not exceed those required by the nonstructural performance category the hospital owner has elected. Additional evaluations shall be obtained if the hospital owner elects to obtain a higher nonstructural performance category at a future date. A hospital owner shall report to the department all deficiencies that are pertinent to the nonstructural performance category the hospital owner has elected to attain. A complete nonstructural evaluation and list of nonstructural deficiencies shall be submitted to the department prior to the hospital owner selling or leasing the hospital to another party. (b) Within three years after the adoption of standards described in Section 130020, owners of all general acute care hospitals shall prepare a plan and compliance schedule for each building under the department’s jurisdiction that indicates the steps by which the hospital intends to bring their hospital buildings into substantial compliance with the regulations and standards developed by the department pursuant to the Alfred E. Alquist Hospital Facilities Seismic Safety Act and this act, identifies the phasing out of or retrofit of noncomplying structures and systems, or outlines steps for relocation of acute care services to facilities that comply with the regulations and standards developed by the department pursuant to the Alfred E. Alquist Hospital Facilities Seismic Safety Act and this act, and presents comprehensive plans and compliance schedules to the department for its review and approval, and integrates this schedule into the facility’s master plan. (c) Owners of all general acute care hospitals may be granted a one year allowance from the requirements of subdivision (b) by the department if they demonstrate a need for more time to prepare plans and compliance schedules for their buildings. (Amended by Stats. 2021, Ch. 143, Sec. 327. (AB 133) Effective July 27, 2021.)
  17. 130055.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. )

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    General acute hospital building owners must annually add expected earthquake-performance information to emergency plans and capital outlay plans until their buildings comply with Section 130065.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 130055. On and after July 1, 2023, general acute hospital building owners shall do both of the following annually until each of the hospital buildings owned by that hospital building owner is compliant with Section 130065. (a) Include all pertinent information regarding the building’s expected earthquake performance in emergency training, response, and recovery plans. (b) Include all pertinent information regarding the building’s expected earthquake performance in capital outlay plans. (Amended by Stats. 2022, Ch. 584, Sec. 3. (AB 1882) Effective January 1, 2023.)
  18. 13006.5.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Liability in Relation to Fires [13000 - 13011] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

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    People responsible for, or occupying, certain apartment houses, roominghouses, motels, or hotels must report qualifying fires or smoldering combustion to the local fire department without delay.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Liability in Relation to Fires [13000 - 13011] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 13006.5. Every owner, operator, lessee, or other person in charge of any apartment house, roominghouse, motel or hotel heretofore or hereafter constructed, or any occupant thereof, who becomes aware of any fire or smoldering combustion of an unwarranted or insidious nature which is not confined within equipment designed for fire or which is a hazard to the apartment house, roominghouse, motel or hotel, shall be guilty of a misdemeanor if he shall fail to report said fire or smoldering combustion without delay to the local fire department. (Added by Stats. 1965, Ch. 733.)
  19. 130060.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. )

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    Some hospital buildings judged at risk of collapse or major loss of life may be used only for nonacute care unless an extension is granted and the required replacement, retrofit, or occupancy steps are completed.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 130060. (a) (1) After January 1, 2008, a 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, unless an extension of this deadline has been granted and either of the following occurs before the end of the extension: (A) A replacement building has been constructed and a certificate of occupancy has been granted by the department for the replacement building. (B) A retrofit has been performed on the building and a construction final has been obtained by the department. (2) An extension of the deadline may be granted by the department 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. (3) Prior to granting an extension of the January 1, 2008, deadline pursuant to this section, the department 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 department’s internet website, 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 department 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 California Public Records Act (Division 10 (commencing with Section 7920.000) 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 Department of Health Care Access and Information. 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 an 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 Department of Health Care Access and Information that the building is classified as 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 an 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 an 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 department 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 department. The department shall send a written notice of violation to hospital owners that fail to comply with this section. The department shall make copies of these notices available on its internet website. (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 department 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 department pursuant to subdivision (a) or (b). (B) The hospital building plans were submitted to the department and were deemed ready for review by the department 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 department 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 department 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 department 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 department and were deemed ready for review by the department 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 department, 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 department 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 department, prior to June 30, 2009, a request for review using current computer modeling utilized by the department and based upon software developed by the Federal Emergency Management Agency (FEMA), 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 department and deemed ready for review by the department 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 department 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 department 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 department to issue a certificate of occupancy by the applicable deadline for the building. (6) A hospital located in the County of Sacramento, San Mateo, or Santa Barbara or the City of San Jose or the City of Willits that has received an additional extension pursuant to paragraph (2) or (5) may request an additional extension until September 1, 2015, to obtain either a certificate of occupancy from the department for a replacement building, or a construction final from the department for a building on which a retrofit has been performed. (7) A hospital denied an extension pursuant to this subdivision may appeal the denial to the Hospital Building Safety Board. (8) The department 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. (g) (1) Notwithstanding subdivisions (a), (b), (c), and (f), and Sections 130061.5 and 130064, a hospital that has received an extension of the January 1, 2008, deadline pursuant to subdivision (a) or (b) also may request an additional extension of up to seven years for a hospital building that it owns or operates. The department may grant the extension subject to the hospital meeting the milestones set forth in paragraph (2). (2) The hospital building subject to the extension shall meet all of the following milestones, unless the hospital building is reclassified as SPC-2 or higher as a result of its Hazards US score: (A) The hospital owner submits to the department, no later than September 30, 2012, a letter of intent stating whether it intends to rebuild, replace, or retrofit the building, or remove all general acute care beds and services from the building, and the amount of time necessary to complete the construction. (B) The hospital owner submits to the department, no later than September 30, 2012, a schedule detailing why the requested extension is necessary, and specifically how the hospital intends to meet the requested deadline. (C) The hospital owner submits to the department, no later than September 30, 2012, an application ready for review seeking structural reassessment of each of its SPC-1 buildings using current computer modeling based upon software developed by FEMA, referred to as Hazards US. (D) The hospital owner submits to the department, no later than January 1, 2015, plans ready for review consistent with the letter of intent submitted pursuant to subparagraph (A) and the schedule submitted pursuant to subparagraph (B). (E) The hospital owner submits a financial report to the department at the time the plans are submitted pursuant to subparagraph (D). The report shall demonstrate the hospital owner’s financial capacity to implement the construction plans submitted pursuant to subparagraph (D). (F) The hospital owner receives a building permit consistent with the letter of intent submitted pursuant to subparagraph (A) and the schedule submitted pursuant to subparagraph (B), no later than July 1, 2018. (3) To evaluate public safety and determine whether to grant an extension of the deadline, the department shall consider the structural integrity of the hospital’s SPC-1 buildings based on its Hazards US scores, community access to essential hospital services, and the hospital owner’s financial capacity to meet the deadline as determined by either a bond rating of BBB or below or the financial report on the hospital owner’s financial capacity submitted pursuant to subparagraph (E) of paragraph (2). The criteria contained in this paragraph shall be considered by the department in its determination of the length of an extension or whether an extension should be granted. (4) The extension or subsequent adjustments granted pursuant to this subdivision may not exceed the amount of time that is reasonably necessary to complete the construction specified in paragraph (2). (5) If the circumstances underlying the request for extension submitted to the department pursuant to paragraph (2) change, the hospital owner shall notify the department as soon as practicable, but in no event later than six months after the hospital owner discovered the change of circumstances. The department may adjust the length of the extension granted pursuant to paragraphs (2) and (3) as necessary, but in no event longer than the period specified in paragraph (1). (6) A hospital denied an extension pursuant to this subdivision may appeal the denial to the Hospital Building Safety Board. (7) The department may revoke an extension granted pursuant to this subdivision for any hospital building when it is determined that any information submitted pursuant to this section was falsified, or if the hospital failed to meet a milestone set forth in paragraph (2), or where the work of construction is abandoned or suspended for a period of at least six months, unless the hospital demonstrates in a publicly available document that the abandonment or suspension was caused by factors beyond its control. (8) Regulatory submissions made by the department to the California Building Standards Commission to implement this section shall be deemed to be emergency regulations and shall be adopted as emergency regulations. (9) The hospital owner that applies for an extension pursuant to this subdivision shall pay the office an additional fee, to be determined by the department, sufficient to cover the additional reasonable costs incurred by the department for maintaining the additional reporting requirements established under this section, including, but not limited to, the costs of reviewing and verifying the extension documentation submitted pursuant to this subdivision. This additional fee shall not include any cost for review of the plans or other duties related to receiving a building or occupancy permit. (10) This subdivision shall become operative on the date that the State Department of Health Care Services receives all necessary federal approvals for a 2011–12 fiscal year hospital quality assurance fee program that includes three hundred twenty million dollars ($320,000,000) in fee revenue to pay for health care coverage for children, which is made available as a result of the legislative enactment of a 2011–12 fiscal year hospital quality assurance fee program. (h) A critical access hospital located in the City of Tehachapi may submit a seismic safety extension application pursuant to subdivision (g), notwithstanding deadlines in that subdivision that are earlier than the effective date of the act that added this subdivision. The submitted application shall include a timetable as required pursuant to subdivision (g). (i) (1) A hospital located in the Tarzana neighborhood of the City of Los Angeles that has received extensions pursuant to subdivisions (b) and (g) may request an additional extension for a single building until October 1, 2022, in order to obtain a certificate of occupancy from the department for a replacement building. (2) The hospital owner seeking the extension shall submit a written request that includes a timeline specifying how the hospital intends to meet the new deadline, including the construction document submission dates. The following timeline shall be met for construction document submissions: (A) No later than January 1, 2018, the hospital owner shall submit construction documents, deemed ready for review, related to the first final review of the second increment with information including the building core and shell of the hospital. Failure to submit the construction documents by January 1, 2018, shall result in the assessment of a fine of five thousand dollars ($5,000) per calendar day until the documents are submitted. (B) No later than March 1, 2018, the hospital owner shall submit construction documents, deemed ready for review, related to the first final review of the first increment with information including the structural foundation, frame, and underslab utilities of the hospital. Failure to submit the construction documents by March 1, 2018, shall result in the assessment of a fine of five thousand dollars ($5,000) per calendar day until the documents are submitted. (C) No later than September 1, 2018, the hospital owner shall submit construction documents, deemed ready for review, related to the first final review of the third increment with information on the build-out of the hospital. Failure to submit the construction documents by September 1, 2018, shall result in the assessment of a fine of five thousand dollars ($5,000) per calendar day until the documents are submitted. (D) No later than November 1, 2018, the hospital owner shall submit construction documents, deemed ready for review, related to the first final review of the fourth increment with information on the seismic support and anchorage of the hospital. Failure to submit the construction documents by November 1, 2018, shall result in the assessment of a fine of five thousand dollars ($5,000) per calendar day until the documents are submitted. (E) The hospital owner may submit a written request to the department seeking an extension of the deadlines set forth in subparagraphs (A), (B), (C), and (D). The written request shall state with specificity the reason for the request and how the reason preventing compliance with the deadlines was outside of the control of the hospital owner. After review of the request for extension, the department may grant the request for a period of time not to exceed 30 calendar days. If the department grants the request for an extension, no fine shall accrue or be imposed during the extension period. (3) Notwithstanding any other law, any fines assessed pursuant to paragraph (2) shall be deposited into the General Fund following a determination on appeal, if any. A hospital assessed a fine pursuant to this subdivision may appeal the assessment to the Hospital Building Safety Board, provided the hospital posts the funds for any fines to be held by the department pending the resolution of the appeal. (4) The department shall not issue a certificate of occupancy for the single replacement building until all assessed fines accrued pursuant to paragraph (2) have been paid in full, or, if an appeal is pending, have been posted subject to resolution of an appeal. Fines deposited by the hospital pursuant to paragraph (3) shall be considered paid in full for purposes of issuing a certificate of occupancy pursuant to this paragraph. This paragraph is in addition to, and is not intended to supersede, any other requirements that must be met by the hospital for issuance by the department of a certificate of occupancy. (Amended by Stats. 2022, Ch. 28, Sec. 113. (SB 1380) Effective January 1, 2023.)
  20. 130061.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. )

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    Certain hospital owners must file compliance reports about SPC-1 buildings with the department, and the department must post the information online.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 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 department 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 department 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 department 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 department 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 department shall make the information required by subdivisions (a) and (b), available on its internet website within 90 days of receipt of this information. (e) The department shall make the information required by subdivision (c) available on its internet website within 90 days of receipt of this information. The department 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. (Amended by Stats. 2021, Ch. 143, Sec. 330. (AB 133) Effective July 27, 2021.)
  21. 130061.5.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. )

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    A hospital owner may qualify for a deadline extension to replace certain SPC-1 buildings by 2020 if it meets filing, financial, planning, permit, reporting, and fee requirements.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 130061.5. (a) The Legislature finds and declares the following: (1) By enacting this section, the Legislature reinforces its commitment to ensuring the seismic safety of hospitals in California. In order to meet that commitment, this section provides a mechanism for hospitals that lack the financial capacity to retrofit Structural Performance Category-1 (SPC-1) buildings by 2013 to, instead, redirect available capital and borrowing capacity to replace those building by 2020. The mechanism is intended to allow these hospitals to meet the seismic requirements, and provide state agencies and the public with more timely and detailed information about the progress these hospitals are making toward seismic safety compliance. (2) This section requires hospitals seeking this assistance to demonstrate that their financial condition does not allow them to retrofit these buildings by 2013, and requires them to meet specified benchmarks in order to be eligible for the extended timelines set forth in this section. Failure to meet any of these benchmarks shall result in the hospital being noncompliant and subject the hospital to loss of licensure. (3) It is the intent of the Legislature to ensure the continuation of services in medically underserved communities in which the closure of the hospital would have significant negative impacts on access to health care services in the community. (4) It is also the intent of the Legislature that this section be implemented very narrowly to target only facilities that are essential providers in underserved communities and that lack the financial capacity to retrofit SPC-1 buildings by 2013. (b) A hospital owner may meet the requirements of subdivision (a) of Section 130060 by replacing all of its buildings subject to that subdivision by January 1, 2020, if it meets all of the following conditions: (1) The hospital owner has requested an extension of the deadline described in subdivision (a) or (b) of Section 130060. (2) (A) The department certifies that the hospital owner lacks the financial capacity to meet the requirements of subdivision (a) of Section 130060 for that building. In order to receive the certification, the hospital owner shall file with the department by January 1, 2009, financial information as required by the department. This information shall include a schedule demonstrating that, as of the end of the hospital owner’s most recent fiscal year for which the hospital owner has filed its annual financial data with the department by July 1, 2007, the hospital owner’s annual financial data for that fiscal year show that the hospital owner meets all of the following financial conditions: (i) The owner’s net long-term debt to capitalization ratio, as measured by the ratio of net long-term debt to net long-term debt plus equity, was above 60 percent. (ii) The owner’s debt service coverage, as measured by the ratio of net income plus depreciation expense plus interest expense to current maturities on long-term debt plus interest expense, was below 4.5. (iii) The owner’s cash-to-debt ratio, as measured by the ratio of cash plus marketable securities plus limited use cash plus limited use investments to current maturities on long-term debt plus net long-term debt, was below 90 percent. (B) The department shall certify that a hospital owner applying for relief under this subdivision meets each of these financial conditions. For the purposes of this subdivision, a hospital owner shall be eligible for certification only if the annual financial data required by this paragraph for the hospital owners and all of its hospital affiliates, considered in total, meets all of these financial conditions. For purposes of this section, “hospital affiliate” means any hospital owned by an entity that controls, is controlled by, or is under the common control of, directly or through intermediate entity, the entity that owns the specified hospital. The applicant hospital owner shall bear all costs for review, but not to exceed the costs of review, of its financial information. (3) The hospital owner files with the department, by January 1, 2009, a declaration that the hospital for which the hospital owner is seeking relief under this subdivision shall satisfy all of the following conditions: (A) The hospital shall maintain a contract with the California Medical Assistance Commission (CMAC) under the selective provider contracting program, unless in an open area as established by CMAC. (B) The hospital shall maintain at least basic emergency medical services if the hospital provided emergency medical services at the basic or higher level as of July 1, 2007. (C) The hospital meets any of the following criteria: (i) The hospital is located within a Medically Underserved Area or a Health Professions Shortage Area designated by the federal government pursuant to Sections 330 and 332 of the federal Public Health Service Act (42 U.S.C. Secs. 254b and 254e). (ii) The department determines, by means of a health impact assessment, that removal of the building or buildings from service may diminish significantly the availability or accessibility of health care services to an underserved community. (iii) The CMAC determines that the hospital is essential to providing and maintaining Medi-Cal services in the hospital’s service area. (iv) The hospital demonstrates that, based on annual utilization data submitted to the office for 2006 or later, the hospital had in one year over 30 percent of all discharges for either Medi-Cal or indigent patients in the county in which the hospital is located. (4) The hospital owner submits, by January 1, 2010, a facility master plan for all the buildings that are subject to subdivision (a) of Section 130060 that the hospital intends to replace by January 1, 2020. The facility master plan shall identify at least all of the following: (A) Each building that is subject to subdivision (a) of Section 130060. (B) The plan to replace each building with buildings that would be in compliance with subdivision (a) of Section 130065. (C) The building or buildings to be removed from acute care service and the projected date or dates of that action. (D) The location for any new building or buildings, including, but not limited to, whether the owner has received a permit for that location. The replacement buildings shall be planned within the same service area as the buildings to be removed from service. (E) A copy of the preliminary design for the new building or buildings. (F) The number of beds available for acute care use in each new building. (G) The timeline for completed plan submission. (H) The proposed construction timeline. (I) The proposed cost at the time of submission. (J) A copy of any records indicating the hospital governing board’s approval of the facility plan. (5) By January 1, 2013, the hospital owner submits to the department a building plan that is deemed ready for review by the department, for each building. (6) By January 1, 2015, the hospital owner receives a building permit to begin construction, for each building that the owner intends to replace pursuant to the master plan. (7) Within six months of receipt of the building permit, the hospital owner submits a construction timeline that identifies at least all of the following: (A) Each building that is subject to subdivision (a) of Section 130060. (B) The project number or numbers for replacement of each building. (C) The projected construction start date or dates and projected construction completion date or dates. (D) The building or buildings to be removed from acute care. (E) The estimated cost of construction. (F) The name of the contractor. (8) Every six months thereafter, the hospital owner reports to the department on the status of the project, including any delays or circumstances that could materially affect the estimated completion date. (9) The hospital owner pays to the department an additional fee, to be determined by the department, sufficient to cover the additional cost incurred by the department for maintaining all reporting requirements established under this section, including, but not limited to, the costs of reviewing and verifying the financial information submitted pursuant to paragraph (2). This additional fee shall not include any cost for review of the plans or other duties related to receiving a building or occupancy permit. (c) The department may also approve an extension of the deadline described in subdivision (a) or (b) of Section 130060 for a general acute care hospital building that is classified as a nonconforming SPC-1 building and is owned or operated by a county, city, or county and city that has requested an extension of this deadline by June 30, 2009, if the owner files a declaration with the department stating that as of the date of that filing the owner lacks the ability to meet the requirements of subdivision (a) of Section 130060 for that building pursuant to subdivision (b) of that section. The declaration shall state the commitment of the hospital to replace those buildings by January 1, 2020, with other buildings that meet the requirements of Section 130065 and shall meet the requirements of paragraphs (4) to (9), inclusive, of subdivision (b). (d) A hospital filing a declaration pursuant to this section but failing to meet any of the deadlines set forth in this section shall be deemed in violation of this section and Section 130060, and shall be subject to loss of licensure. (Amended by Stats. 2021, Ch. 143, Sec. 331. (AB 133) Effective July 27, 2021.)
  22. 130062.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. )

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    Hospitals seeking SPC-1 extension must file an application by the stated deadline and include the seismic method to be used; some hospitals have different deadlines. Extensions can require schedules, permits, milestones, quarterly reports, and may lead to daily fines if deadlines or milestones are missed.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 130062. (a) For the purposes of this section, the following terms have the following meanings: (1) “Rebuild plan” means a plan to meet seismic standards primarily by constructing a new conforming SPC-5 building for use in lieu of an SPC-1 building. (2) “Removal plan” means a plan to meet seismic standards primarily by removing acute care services or beds from the hospital’s license. (3) “Replacement plan” means a plan to meet seismic standards primarily by relocating acute care services or beds from nonconforming buildings into a conforming building. (4) “Retrofit plan” means a plan to meet seismic standards primarily by modifying the building in a manner that brings the building up to SPC-2, SPC-4D, or SPC-5 standards. (b) (1) Except as specified in paragraph (2), all hospitals seeking an extension for their SPC-1 buildings shall submit to the department an application, in a manner acceptable to the department, by April 1, 2019. (2) If Providence Tarzana Medical Center in the City of Los Angeles or UCSF Benioff Children’s Hospital in the City of Oakland seeks an extension for its SPC-1 buildings, it shall submit to the department an application, in a manner acceptable to the department, by September 1, 2019. (3) At a minimum, an application described in paragraph (1) or (2) shall state which of the seismic compliance methods described in subdivision (a) will be used for each SPC-1 building. (c) A hospital owner that has been granted an extension pursuant to subdivision (g) of Section 130060 or subdivision (b) of Section 130061.5 may request, and the department shall grant, an additional extension of time as set forth in this section. (d) (1) For a hospital that seeks an extension for compliance based on a replacement plan or retrofit plan, the owner shall submit a construction schedule, obtain a building permit, and begin construction by April 1, 2020. (2) Using the construction schedule submitted pursuant to paragraph (1), the hospital and the department shall identify at least two major milestones relating to the compliance plan that will be used as the basis for determining whether the hospital is making adequate progress toward meeting the seismic compliance deadline. (3) Failure to comply with the requirements described in paragraph (1) or (2), or to meet any milestone agreed to pursuant to paragraph (2), shall result in the assessment of a fine of five thousand dollars ($5,000) per calendar day until the requirements or milestones, respectively, are met. (4) Final seismic compliance shall be achieved by July 1, 2022. (e) (1) For a hospital that seeks an extension for compliance based on a rebuild plan, the department shall grant an extension of up to five years. The owner shall submit, in a manner acceptable to the department, no later than July 1, 2020, the rebuild plan, deemed ready for review, and shall submit a construction schedule, obtain a building permit, and begin construction no later than January 1, 2022. (2) The hospital and the department shall identify at least two major milestones, agreed upon by the hospital and the department, that will be used as the basis for determining whether the hospital is making adequate progress toward meeting the seismic compliance deadline. (3) Failure to comply with the requirements described in paragraph (1) or (4), or to meet any milestone agreed to pursuant to paragraph (2) or (4), shall result in the assessment of a fine of five thousand dollars ($5,000) per calendar day until the requirements or milestones, respectively, are met. (4) For a hospital that has previously submitted to the department a rebuild project under construction, the department may accept certification from the hospital that it has obtained appropriate building permits consistent with an approved incremental plan review and that construction thereunder has commenced and is continuing. The previously approved construction schedule shall be amended to reflect the extension being requested, and at least two new major milestones shall be identified. The owner shall not be required to resubmit construction plans previously submitted to the department, and the department may not impose new or different requirements for any increment already approved or building permit already issued by the department as a condition for granting an extension. (5) Final seismic compliance shall be achieved, and a certificate of occupancy shall be obtained, by January 1, 2025. (f) The department may grant an adjustment to the requirements described in paragraph (1) or (2) of subdivision (d) or paragraph (1) or (4) of subdivision (e), or the milestones agreed to pursuant to paragraph (2) of subdivision (d) or paragraph (2) or (4) of subdivision (e), as necessary to deal with contractor, labor, or material delays, or with acts of God, or with governmental entitlements, experienced by the hospital. If that adjustment is granted, the hospital shall submit a revised construction schedule, and the hospital and the department shall identify at least two new major milestones consistent with the adjustment. Failure to comply with the revised construction schedule or meet any of the major milestones shall result in penalties as specified in paragraph (3) of subdivision (d) and paragraph (3) of subdivision (e). The adjustment shall not exceed the corresponding final seismic compliance date specified in paragraph (4) of subdivision (d) or paragraph (5) of subdivision (e). (g) The duration of an extension granted by the department pursuant to this section shall not exceed the maximums permitted by this section. Moreover, within that limit, the department shall not grant an extension that exceeds the amount of time needed by the owner to come into compliance. The determination by the department regarding the length of the extension to be granted shall be based upon a showing by the owner of the facts necessitating the additional time. It shall include a review of the plan and all the documentation submitted in the application for the extension, and shall permit only that additional time necessary to allow the owner to deal with compliance plan issues that cannot be fully met without the extension. (h) No extension shall be granted pursuant to this section for SPC-1 buildings unless the owner has submitted to the department, by January 1, 2018, a seismic compliance plan. (i) An extension shall not be granted pursuant to this section for seismic compliance based upon a removal plan. (j) (1) Except as specified in paragraph (2), in lieu of the reporting requirements described in Section 130061, a hospital granted an extension pursuant to this section shall provide a quarterly status report to the department, with the first report due on July 1, 2019, and every October 1, January 1, April 1, and July 1 thereafter, until seismic compliance is achieved. (2) In lieu of the reporting requirements described in Section 130061, if Providence Tarzana Medical Center in the City of Los Angeles or UCSF Benioff Children’s Hospital in the City of Oakland is granted an extension pursuant to this section based on an application submitted on or after April 1, 2019, the first quarterly status report shall be due on October 1, 2019, and every January 1, April 1, July 1, and October 1 thereafter, until seismic compliance is achieved. (3) The office shall post the status reports described in paragraphs (1) and (2) on its internet website. (k) Before June 1, 2019, the office shall provide the Legislature with an inventory of the SPC category of each hospital building. A report submitted to the Legislature pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (l) (1) The office may revoke an extension granted pursuant to this section for a hospital building where the assessment for a penalty exceeds 60 days. (2) Notwithstanding any other law, any penalties assessed pursuant to this section shall be deposited into the General Fund within 45 days of assessment or within 45 days following a determination on appeal, if any. A hospital assessed a penalty pursuant to this section may appeal the assessment to the Hospital Building Safety Board, provided the hospital posts the funds for any penalties with the department, to be held pending the resolution of the appeal. (3) The department shall not issue a construction final or certificate of occupancy for the building until all assessed penalties accrued pursuant to this section have been paid in full or, if an appeal is pending, have been posted subject to resolution of the appeal. Penalties deposited by the hospital pursuant to paragraph (2) shall be considered paid in full for purposes of issuing a construction final or certificate of occupancy. This paragraph is in addition to, and is not intended to supersede, any other requirements that must be met by the hospital for issuance of a construction final or certificate of occupancy. (m) The department may promulgate emergency regulations as necessary to implement this section. (Amended by Stats. 2021, Ch. 143, Sec. 332. (AB 133) Effective July 27, 2021.)
  23. 130063.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. )

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    Hospitals in certain seismic conditions may request an exemption, but must submit an engineering geologic report and pay related expenses; the department reviews the report and must grant the exemption if the stated conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 130063. (a) With regard to a general acute care hospital building located in Seismic Zone 3 as indicated in the 1995 edition of the California Building Standards Code, any hospital may request an exemption from Non-Structural Performance Category-3 requirements in Title 24 of the California Code of Regulations if the hospital building complies with the year 2002 nonstructural requirements. (b) The department shall determine the maximum allowable level of earthquake ground shaking potential for purposes of this section. (c) To qualify for an exemption under this section, a hospital shall provide a site-specific engineering geologic report that demonstrates an earthquake ground shaking potential below the maximum allowable level of earthquake ground shaking potential determined by the department pursuant to subdivision (b). (d) (1) To demonstrate an earthquake ground shaking potential as provided in subdivision (c), a hospital shall submit a site-specific engineering geologic report to the department. (2) The department shall forward the report received from a hospital to the Division of Mines and Geology in the Department of Conservation for purposes of a review. (3) If, after review of the analysis, the Division of Mines and Geology concurs with the findings of the report, it shall return the report with a statement of concurrence to the office. Upon the receipt of the statement, if the ground shaking potential is below that established pursuant to subdivision (b), the department shall grant the exemption requested. (e) A hospital building that is eligible for an exemption under this section shall meet the January 1, 2030, nonstructural requirement deadline if the building is to be used for general acute care inpatient services after January 1, 2030. (f) A hospital requesting an exemption pursuant to this section shall pay the actual expenses incurred by the department and the Division of Mines and Geology. (g) All regulatory submissions to the California Building Standards Commission made by the department for purposes of this section shall be deemed to be emergency regulations and shall be adopted as emergency regulations. This emergency regulation authority shall remain in effect until January 1, 2004. (Amended by Stats. 2021, Ch. 143, Sec. 333. (AB 133) Effective July 27, 2021.)
  24. 130063.1.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. )

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    A county-owned general acute care hospital building may get an extension of certain Title 24 Non-structural Performance Category-2 requirements if specified filing and compliance conditions are met.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 130063.1. Notwithstanding Section 130063, a county-owned general acute care hospital building is allowed an extension of the Non-structural Performance Category-2 requirements of Title 24 of the California Code of Regulations if all of the following conditions are met: (a) The county submitted the compliance plan on or before January 1, 2001. (b) The county submitted the Non-structural Performance Category-2 building plans to the Department of Health Care Access and Information on or before September 1, 2001. (c) The county complies with the year 2002 nonstructural requirements established by regulation 12 months after receipt of the building permit approval letter from the Department of Health Care Access and Information. (Amended by Stats. 2021, Ch. 143, Sec. 334. (AB 133) Effective July 27, 2021.)
  25. 130063.2.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. )

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    A county-owned general acute care hospital building may get a one-year extension of the January 1, 2002 deadline for certain Title 24 requirements if it is taken out of service by January 1, 2003 and the replacement building is completed by January 1, 2003.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 130063.2. Notwithstanding Section 130063, an existing county-owned general acute care hospital building may receive a one-year extension of the January 1, 2002, deadline for the Non-structural Performance Category-2 requirements in Title 24 of the California Code of Regulations if all of the following conditions are met: (a) The existing hospital building is removed from general acute care service on or before January 1, 2003. (b) Construction of the replacement building that will meet the 2030 nonstructural and structural deadline requirements, which commenced before January 1, 2001, is completed by January 1, 2003. (Added by Stats. 2001, Ch. 247, Sec. 2. Effective January 1, 2002.)
  26. 130064.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. )

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    The department may grant or revoke hospital construction-seismic safety extensions, and hospital owners seeking an extension must submit supporting documents, report progress every six months, and pay an additional fee.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 130064. (a) In lieu of the extension described in subdivision (f) of Section 130060, the department may grant an extension to a general acute care hospital pursuant to either subdivision (c) or (f) if the hospital building will not meet the seismic safety standards of that section by January 1, 2013, due to a local planning delay. (b) When applying for an extension under this section, the owner of the general acute care hospital shall submit to the department documentation that includes at least all of the following: (1) The original schedule of the project or projects as had been originally anticipated. (2) The schedule of the project or projects as currently projected. (3) A timeline for the submission of documents to the local planning authority or jurisdiction. (4) Documentation that the local planning authority for the project and for the enabling phases of the project does not grant approvals prior to November 1, 2010, where the hospital had originally filed the local application prior to January 1, 2008. (5) A proposed construction timeframe demonstrating the completion of the project once the permit is issued. The construction timeframe shall be approved by the department and shall only include the amount of time that is reasonably necessary to complete the construction required to meet the seismic safety requirements. (c) The department may grant an extension, in full one-year increments, but no longer than three consecutive years, that compensates for delays determined pursuant to subdivision (d). (d) The department shall conduct a comprehensive review of the schedule for the project or projects according to criteria specified in this section. This review shall encompass the project or projects under the jurisdiction of the department, as well as other project phases not under the jurisdiction of the department. The department shall consider the cumulative effect of local approval timelines for all elements of the project or projects, inclusive of changes in scope or sequence of the project or projects required by the local planning process. The department may grant extensions based on an evaluation of each of the following circumstances: (1) Where the local planning authority approvals have delayed or will delay the construction start date of the project or projects. (2) Where the local conditions of approval on a project or projects extend the duration beyond the originally anticipated construction completion date. (3) Where the cumulative effect of delays on the project or projects creates additional construction delays due to local seasonal weather impact requirements of the local planning authority. (4) Construction related to the seismic retrofit or replacement project has begun by January 1, 2013. (5) The project or projects were submitted for review by the department no later than January 1, 2009. (6) The project or projects have received a building permit from the department no later than January 1, 2012. (e) Every six months after the approval of the extension, the hospital owner shall report to the department on the status of the project or projects, demonstrating that it is making reasonable progress toward meeting the construction timeline. (f) The department may grant an additional extension of up to two years in addition to the extension granted pursuant to subdivisions (c) and (d) only if the project or projects meet all of the following criteria: (1) A matrix of buildings at the hospital that identifies compliance of each building to the standards required by Section 130065 at the completion of the project or projects. (2) The construction timelines submitted pursuant to subdivision (a) were determined to go beyond three years from the date the building permit was issued. (3) Acute care services will not be provided in any SPC-1 building at any time during the extension. (4) The hospital demonstrates that it has, and maintains throughout the extension, life safety systems in all acute care patient care areas that do not depend on, and are not routed through, an SPC-1 building. (5) The hospital either demonstrates that the SPC-1 building does not pose a structural risk to an adjoining hospital building that is used for acute care services or mitigates the risk in accordance with a deadline described in subdivision (f) of Section 130060 that the department determines will best protect patient safety. (g) The department may revoke an extension granted pursuant to this section for any hospital building where the work of construction is abandoned or suspended for a period of at least six months, unless the hospital demonstrates that the abandonment or suspension was caused by factors beyond its control. (h) The department may revoke an extension granted pursuant to this section if it is determined that any information submitted pursuant to this section was falsified in any manner by the hospital or if the hospital fails to meet any of the criteria or conditions specified in this section. (i) Regulatory submissions made by the department to the California Building Standards Commission pursuant to this section shall be deemed, and shall be adopted as, emergency regulations. (j) The hospital owner that applies for an extension pursuant to this section shall pay to the department an additional fee, to be determined by the department, sufficient to cover the additional cost incurred by the office for maintaining all reporting requirements established under this section, including, but not limited to, the costs of reviewing and verifying the extension documentation submitted pursuant to this section. This additional fee shall not include any cost for review of the plans or other duties related to receiving a building or occupancy permit. (k) A hospital denied an extension pursuant to this section may appeal the denial to the Hospital Building Safety Board. (Amended by Stats. 2021, Ch. 143, Sec. 335. (AB 133) Effective July 27, 2021.)
  27. 130065.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Hospital owners must bring acute care inpatient hospital buildings into seismic compliance by demolition, replacement, change of use, or retrofit by the approved deadline, and the department issues compliance or violation notices.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 130065. (a) In accordance with the compliance schedule approved by the department, but in any case no later than January 1, 2030, owners of all acute care inpatient hospitals shall either: (1) Demolish, replace, or change to nonacute care use all hospital buildings not in substantial compliance with the regulations and standards developed by the department pursuant to the Alfred E. Alquist Hospital Facilities Seismic Safety Act and this act. (2) Seismically retrofit all acute care inpatient hospital buildings so that they are in substantial compliance with the regulations and standards developed by the department pursuant to the Alfred E. Alquist Hospital Facilities Seismic Safety Act and this act. (b) Notwithstanding subdivision (a), if a hospital’s seismic compliance plan, developed pursuant to subdivisions (b) and (d) of Section 130065.1, or pursuant to Section 130069.1, and approved by the department, substantiates the need for a delay of up to three years or, at most, five years beyond January 1, 2030, the owner of that general acute care hospital shall, by the deadline authorized in the approved extension, do either of the following: (1) Demolish, replace, or change to nonacute care use all hospital buildings not in substantial compliance with the regulations and standards developed by the department pursuant to the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 and this act. (2) Seismically retrofit all acute care inpatient hospital buildings so that they are in substantial compliance with the regulations and standards developed by the department pursuant to the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 and this act. (c) Upon compliance with this section, the hospital shall be issued a written notice of compliance by the department. The department shall send a written notice of violation to hospital owners that fail to comply with this section. (Amended by Stats. 2024, Ch. 896, Sec. 2. (SB 1447) Effective January 1, 2025.)
  28. 130065.1.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Certain eligible hospitals may request delays for seismic compliance, but they must submit required reports and plans on set deadlines and still comply by January 1, 2035 at the latest.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 130065.1. (a) For purposes of this article, the following definitions shall apply: (1) “Critical access hospital” means a hospital designated by the State Department of Public Health as a critical access hospital, and certified as such by the Secretary of the United States Department of Health and Human Services under the federal Medicare Rural Hospital Flexibility Program. (2) “Distressed Hospital Loan Program recipient” is a hospital that received a loan pursuant to Chapter 4 (commencing with Section 129380) of Part 6. This may also include a future program recipient, should the Legislature appropriate additional state funding to the program and extend the date identified in Section 129387. (3) “Health care district hospital” is a hospital authorized pursuant to Division 23. (4) “Rural hospital” means a “rural general acute care hospital” as set forth in subdivision (a) of Section 1250 or a hospital located in a rural or frontier medical study service area, as defined by the California Healthcare Workforce Policy Commission. (5) “Small hospital” is a hospital with 50 beds or fewer. (b) Notwithstanding the January 1, 2030, seismic compliance deadline outlined in Section 130065, a Distressed Hospital Loan Program recipient, a small hospital, a rural hospital, a critical access hospital, or a health care district hospital, except as otherwise provided in this section, may seek approval from the department for a delay to the compliance deadline by up to three years with the submission and departmental approval of a seismic compliance plan, as described in subdivision (d), and, if necessary, a Nonstructural Performance Category-5 evaluation report. (c) (1) Hospitals that belong to integrated health care systems with two or more separately licensed hospital facilities shall be ineligible for a delay under this section, including a health care district hospital that has a contractual agreement with a health system that imposes upon the health system any financial responsibility for the health care district’s infrastructure costs for compliance with Section 130065, unless the entire integrated health care system is determined by the department to be in financial distress. (2) Paragraph (1) shall not apply to any of the following: (A) A rural hospital with fewer than 80 general acute care beds and general acute care hospital revenue of seventy-five million dollars ($75,000,000) or less, as reported to the department pursuant to Section 128740 in 2020. (B) A hospital that is part of an integrated health care system that is operated by a health care district or a nonprofit corporation that is affiliated with the health care district hospital owner by means of the district’s status as the nonprofit corporation’s sole corporate member. (C) A health care district hospital that does not have a contractual, management, lease, or operating agreement with a health system that imposes upon the health system any financial responsibility for the health care district’s infrastructure cost for compliance with Section 130065. (d) A Distressed Hospital Loan Program recipient, a small hospital, a rural hospital, a critical access hospital, or a health care district hospital, except as otherwise specified, with a building that is not anticipated to be in full compliance with the seismic safety regulations or standards described in Section 130065 when this section becomes operative shall provide all of the following to the department: (1) A Nonstructural Performance Category-5 evaluation report in compliance with Article 11 of Chapter 6 of Title 24 of the California Administrative Code for each noncompliant building, if necessary, by no later than January 1, 2025. (2) The hospital’s seismic compliance plan in accordance with Section 1.4 of Article 1 of Chapter 6 of Title 24 of the California Administrative Code and related regulations, by no later than January 1, 2026. The seismic compliance plan shall outline steps, including milestones, to achieve compliance with seismic safety standards at the earliest reasonable date, but by no later than January 1, 2033. (3) The subject hospital and the department shall identify at least two major milestones relating to the seismic compliance plan that will be used as the basis for determining whether the hospital is making adequate progress toward meeting the subject hospital’s seismic compliance deadline. The seismic compliance plan is subject to departmental review for reasonableness. (A) If the seismic compliance plan includes a compliance schedule that is delayed beyond the 2030 seismic compliance deadline described in Section 130065, the hospital shall submit any documentation requested by the department to assist the department in its review of the reasonableness of the compliance schedule. (B) The department shall have 120 days to approve or deny the hospital’s seismic compliance plan and any delay to the seismic compliance deadline. If the department determines the compliance schedule is unreasonable based on the information submitted, the department shall notify the hospital and provide the department’s rationale for its determination. The hospital shall be given the opportunity to address the identified concerns or to provide additional information to substantiate the compliance schedule. (e) (1) The department shall have the discretion to additionally delay the amount of time by which a Distressed Hospital Loan Program recipient, a small hospital, a rural hospital, a critical access hospital, or a health care district hospital shall comply with Section 130065 by two years, up to a maximum of January 1, 2035. This delay may be authorized as necessary for hospitals that continue to experience financial distress or that need to deal with contractor, labor, or material delays, acts of God, governmental entitlements, or other circumstances beyond the hospital’s control. If up to an additional two-year delay is granted, the hospital shall submit a revised construction schedule and associated milestones to the department. (2) A Distressed Hospital Loan Program recipient, a small hospital, a rural hospital, a critical access hospital, or a health care district hospital, except as otherwise specified, that is granted a delay in compliance with the requirements of Section 130065 pursuant to this subdivision shall provide the department with any information that the department deems necessary, including, but not limited to, information to assess whether the hospital is in financial distress or continues to be in financial distress. (3) For eligible hospitals requesting an additional delay under this subdivision due to financial distress, the department shall make a determination of financial distress using financial criteria, including, but not limited to, days cash on hand, current ratio, access to working capital, operating margin, cash burn rate, the financial impact of mandatory seismic compliance costs on the hospital or integrated health care system, and other methodologies developed pursuant to Chapter 4 (commencing with Section 129380) of Part 6. (4) If the department determines that an eligible hospital or integrated health care system is no longer in financial distress and is not likely to return to financial distress due to complying with seismic safety standards, the hospital or integrated health care system shall submit a revised seismic compliance plan to the department for review and approval one month after being informed of the department’s determination that the hospital or integrated health care system is no longer in financial distress. Notwithstanding any delay of the January 1, 2030, seismic requirements granted to the hospital or integrated health care system pursuant to subdivision (b), the department may adjust compliance deadlines to reflect the fact that the hospital or integrated system is no longer in financial distress. (f) Notwithstanding any other provisions in this chapter, a hospital seeking a delay under this section shall comply with requirements for a seismic compliance plan in accordance with Section 1.4 of Article 1 of Chapter 6 of Title 24 of the California Administrative Code and related regulations. (g) All hospitals determined eligible to delay compliance with Section 130065 pursuant to this section shall comply with Section 130065 no later than January 1, 2035. Failure to comply with the revised construction schedule or meet any major milestones established by the department and the hospital shall result in the assessment of a fine of five thousand dollars ($5,000) per calendar day until the requirements or milestones, respectively, are met. (h) The department shall provide support to a Distressed Hospital Loan Program recipient, a small hospital, a rural hospital, a critical access hospital, or a health care district hospital requesting a delay under this section to explore the opportunities under the Small and Rural Hospital Relief Program to assist with seismic compliance. (i) Hospitals that fail to meet any milestone or seismic compliance deadline approved in its compliance plan shall not be issued a building permit for any building in the facility except those required for seismic compliance, maintenance, and emergency repairs until the milestone is met and the hospital is adequately progressing toward meeting the subject hospital’s seismic compliance, as determined by the department. (j) This section shall not extend any deadlines for Structural Performance Category-1 buildings to achieve structural integrity to no longer pose a potential risk of collapse or a significant risk of loss of life. (k) Notwithstanding any other law, any information used by the department to determine a hospital’s financial status for purposes of this section is confidential and shall not be subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (l) The department shall adopt regulations and standards, or revise existing regulations and standards, or both, to implement the provisions of this section. Regulatory submissions made by the department to the California Building Standards Commission pursuant to this section shall be deemed to be emergency regulations and shall be adopted as such. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, and general welfare. (Amended by Stats. 2025, Ch. 67, Sec. 131. (AB 1170) Effective January 1, 2026.)
  29. 130065.15.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department must post, on its website, an annual list of hospitals that received a delay of the January 1, 2030 deadline.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 130065.15. The department shall annually post a list of hospitals that have been granted a delay of the January 1, 2030, deadline described in Section 130065 pursuant to Section 130065.1 on its internet website. The list shall include the name and location of each hospital and the projected final compliance date approved by the department. (Added by Stats. 2024, Ch. 801, Sec. 3. (AB 869) Effective January 1, 2025.)
  30. 130066.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Before January 1, 2020, certain acute care inpatient hospital owners had to submit an attestation to the department.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 130066. Before January 1, 2020, the owner of an acute care inpatient hospital whose building does not substantially comply with the seismic safety regulations or standards described in Section 130065 shall submit to the department an attestation that the board of directors of that hospital is aware that the hospital building is required to meet the January 1, 2030, deadline for substantial compliance with those regulations and standards. (Amended by Stats. 2021, Ch. 143, Sec. 337. (AB 133) Effective July 27, 2021.)
  31. 130066.5.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    Hospital owners with noncompliant seismic buildings must post a department notice and send annual status updates; the department must develop the notice by July 1, 2023.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 130066.5. (a) Before January 1, 2024, the owner of an acute care inpatient hospital that includes a building that does not substantially comply with the seismic safety regulations or standards described in Section 130065 shall post in any 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 that the hospital is required to meet by January 1, 2030. The notice shall be posted until the time the owner receives notification from the department that it meets the requirements described in Section 130065. (b) 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 the seismic safety regulations or standards described in Section 130065 shall 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 all of the following entities until each of the hospital buildings owned by that hospital building owner is compliant with Section 130065: (1) The county board of supervisors in whose jurisdiction the hospital building is located. (2) The city council in whose jurisdiction the hospital building is located, if applicable. (3) Any labor union representing workers who work in a building that does not substantially comply with the seismic safety regulations or standards described in Section 130065. (4) The board of directors of the special district or joint powers agency that provides fire and emergency medical services in the jurisdiction in which the hospital building is located, if applicable. (5) The department. (6) The board of directors of the hospital. (7) The local office of emergency services or the equivalent agency. (8) The Office of Emergency Services. (9) The medical health operational area coordinator. (c) Before July 1, 2023, the department shall develop the notice required in subdivision (a) with the intent that the notice will clearly convey to patients and the public that the hospital building does not meet seismic safety standards intended to ensure that the hospital will be capable of continued operation following an earthquake. For SPC-2 buildings, the notice shall clearly state, “The State of California has determined that this building does not significantly jeopardize life, but may not be repairable or functional following an earthquake.” For other buildings that are not compliant with the seismic safety regulations or standards described in Section 130065, the notice shall state, “The State of California has determined that the hospital building is at risk of not being functional to provide care to its patients or the community after an earthquake.” In its discretion, the department may develop multiple notices in order to provide a more detailed description of different hospital buildings’ failure to meet the seismic safety regulations or standards described in Section 130065. (Added by Stats. 2022, Ch. 584, Sec. 4. (AB 1882) Effective January 1, 2023.)
  32. 130067.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The office may waive Seton Medical Center’s compliance requirements if the center submits an approved plan by January 15, 2022.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 130067. (a) Notwithstanding any other law, including, but not limited to Sections 130060 and 130061, the office may waive the requirements for the Seton Medical Center in Daly City to comply with this chapter, in whole or in part, if both of the following occur: (1) The Seton Medical Center submits a plan to the office, on or before January 15, 2022, that proposes compliance with the applicable seismic safety standards of this chapter, and the regulations promulgated pursuant to this chapter, on or before July 1, 2023. (2) The office accepts the plan submitted by the Seton Medical Center as feasible to complete and promoting public safety. (b) If the office accepts the plan pursuant to subdivision (a), the Seton Medical Center shall report to the office, in the manner required by the office, on its progress to timely complete the plan, on or before all of the following dates: (1) April 1, 2022. (2) July 1, 2022. (3) October 1, 2022. (4) January 1, 2023. (5) April 1, 2023. (c) The office may revoke its waiver, in whole or in part, of the requirements of this chapter, if the Seton Medical Center fails to timely report progress that the office deems is sufficient to complete the plan. (Added by Stats. 2021, Ch. 65, Sec. 1. (AB 1527) Effective January 1, 2022.)
  33. 130068.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department may waive certain chapter requirements for the specified hospitals if they submit an approved compliance plan on time; the hospitals must report progress on set dates, and penalties can follow if the county does not pay.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 130068. (a) Notwithstanding any other law, including, but not limited to, Sections 130060 and 130061, the department may waive the requirements of this chapter, in whole or in part, for O’Connor Hospital and Santa Clara Valley Medical Center in the City of San Jose if both of the following occur: (1) (A) The hospital or medical center submits to the department, within 30 days following the effective date of this statute, a plan for compliance with the applicable seismic safety standards of this chapter, and the regulations promulgated pursuant to this chapter. (B) For the O’Connor Hospital seismic update, the plan shall provide for compliance on or before July 1, 2023. (C) For the Santa Clara Valley Medical Building F (Services Building) Seismic Upgrade, the plan shall provide for compliance on or before July 1, 2025. (D) For the Santa Clara Valley Medical Center Building N (RSC) Tier 2 Upgrades, the plan shall provide for compliance on or before December 31, 2025. (E) For the Santa Clara Valley Medical Center Old Main Demolition and Rebuild project, the plan shall provide for compliance on or before July 1, 2026. (2) The department accepts the plan submitted by the hospital or medical center based on it being feasible to complete and promoting public safety. The department shall not unreasonably reject the plan, unreasonably impose conditions on the acceptance of the plan, or unreasonably withhold or delay acceptance or rejection of the plan. (b) If the department accepts the hospital’s or medical center’s plan pursuant to subdivision (a), the hospital or medical center shall report to the department, in the manner required by the department, on its progress to timely complete its plan, on or before all of the following dates: (1) April 1, 2023. (2) July 1, 2023. (3) October 1, 2023. (4) January 1, 2024. (5) April 1, 2024. (6) July 1, 2024. (7) October 1, 2024. (8) January 1, 2025. (9) April 1, 2025. (10) July 1, 2025. (11) October 1, 2025. (12) January 1, 2026. (13) April 1, 2026. (14) July 1, 2026. (c) The department may revoke its waiver of the requirements of this chapter, in whole or in part, if O’Connor Hospital or Santa Clara Valley Medical Center fails to timely report progress that the department reasonably deems is sufficient to complete their respective plans if both of the following are true: (1) The lack of timely reporting, lack of reasonable progress, or both, is not due to unforeseen circumstances outside the control of the County of Santa Clara. (2) If the office intends to revoke the waiver, or any part of the waiver, the department provides at least 90 days’ written notice to the County of Santa Clara prior to the effective date of the revocation and, during the notice period, the department provides the County of Santa Clara a reasonable opportunity to cure the noncompliance that forms the basis of the intended revocation. (d) (1) (A) A hospital with a waiver approved under this section shall be subject to penalties for failure to meet milestones expressed in its compliance plan or any requirement of this section. (B) The county shall bear the responsibility of paying any penalties. (2) If the county fails to pay the assessed penalty amount within 30 days of the initial notice of penalties from the department, the department shall collect legal interest of 10 percent and the costs associated with recovery of any arrears. (3) Upon a failure by the county to make a payment to the department within 60 days of notice of penalties, the department shall apply Section 1.4.5.1.2.1 of the California Administrative Code and withhold any building permits except maintenance and emergency repairs. (4) Upon a failure by the county to make a payment 90 days after the notice of penalties, the department shall collect the full amount due, including costs and interest, either under the authority of Chapter 4.3 (commencing with Section 16580) of Part 2 of Division 4 of Title 2 of the Government Code or by withholding the amount from any general fund appropriations. (e) The provisions of this section shall be retroactively applied so that there is no period of noncompliance if the passage of the act that added this section overlaps with the reporting requirements set forth elsewhere in this article. (Amended by Stats. 2023, Ch. 304, Sec. 1. (AB 1471) Effective October 4, 2023.)
  34. 130069.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    The department may waive some or all chapter requirements for Pacifica Hospital of the Valley if the hospital submits an approved compliance plan, and the hospital must then report progress on specified dates.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 130069. (a) Notwithstanding any other law, including, but not limited to, Sections 130060 and 130061, the department may waive the requirements of this chapter, in whole or in part, for Pacifica Hospital of the Valley in the County of Los Angeles if both of the following occur: (1) The hospital submits a plan to the department, on or before September 15, 2022, that proposes compliance with the applicable seismic safety standards of this chapter, and the regulations promulgated pursuant to this chapter, on or before January 1, 2025. (2) The department accepts the plan submitted by the hospital based on it being feasible to complete and promoting public safety. (b) If the department accepts the hospital’s plan pursuant to subdivision (a), the hospital shall report to the department, in the manner required by the department, on its progress to timely complete its plan, on or before the following dates: (1) October 1, 2022. (2) January 1, 2023. (3) April 1, 2023. (4) July 1, 2023. (5) October 1, 2023. (6) January 1, 2024. (7) April 1, 2024. (8) July 1, 2024. (9) October 1, 2024. (c) The department may revoke its waiver of the requirements of this chapter, in whole or in part, if Pacifica Hospital of the Valley fails to timely report progress that the department reasonably deems is sufficient to complete the plan. (d) The provisions of this section shall be retroactively applied so that there is no period of noncompliance if the passage of the act that added this section overlaps with the reporting requirements in Section 130062. (Added by Stats. 2022, Ch. 592, Sec. 1. (AB 2404) Effective September 27, 2022.)
  35. 130069.1.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. )

    Verify source ↗

    This section lets Children’s Hospital Los Angeles request a seismic compliance deadline extension, but only with plan approval and any needed evaluation report; the department also has review and approval powers, and missed milestones can trigger permit limits and daily fines.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 130069.1. (a) Notwithstanding any other law, the Children’s Hospital Los Angeles, referenced in subdivision (c) of Section 10727 of the Welfare and Institutions Code, may seek an extension to the January 1, 2030, seismic compliance deadline outlined in Section 130065, of up to three years, to no later than January 1, 2033, with the submission and department approval of a seismic compliance plan, and a Nonstructural Performance Category-5 evaluation report, if necessary. The department may authorize this extension as necessary if the hospital experiences issues with contractor, labor, or material delays; acts of God; governmental entitlements; or with other circumstances beyond the hospital’s control that prevent it from meeting the January 1, 2030, deadline. (b) If the Children’s Hospital Los Angeles includes a building that is not anticipated to be in full compliance with the seismic safety regulations or standards described in Section 130065 on the date this section becomes effective, the hospital may submit both of the following items to the Department of Health Care Access and Information by the dates specified to seek an extension: (1) A Nonstructural Performance Category-5 evaluation report for each noncompliant building, if necessary, as outlined in Article 11 of Chapter 6 of Title 24 of the California Code of Regulations, by no later than January 1, 2025. (2) The hospital’s seismic compliance plan, as outlined in Section 1.4 of Article 1 of Chapter 6 of Title 24 of the California Code of Regulations and related regulations, by no later than January 1, 2026. The seismic compliance plan shall outline steps, including milestones, to achieve compliance with seismic safety standards at the earliest reasonable date, but no later than January 1, 2033. The hospital and the department shall identify at least two major milestones relating to the seismic compliance plan that will be used as the basis for determining whether the hospital is making adequate progress towards meeting the hospital’s seismic compliance deadline. The seismic compliance plan is subject to department review. (c) The department shall approve or deny the hospital’s seismic compliance plan and any extension to the seismic compliance deadline within 120 days. (d) If the seismic compliance plan includes a compliance schedule that is extended beyond the January 1, 2030, seismic compliance deadline established in Section 130065, the hospital shall submit any documentation requested by the department to assist the department in its review of the compliance schedule. (e) If the department determines the compliance schedule is unreasonable based on the information submitted, the department shall notify the hospital and provide the department’s rationale for its determination. The hospital shall be given the opportunity to address the identified concerns or to provide additional information to substantiate the compliance schedule. (f) The duration of an extension granted by the department pursuant to this section shall not exceed the maximums permitted by this section and the department shall not grant an extension that exceeds the amount of time needed by the hospital to come into compliance. The department may grant an adjustment to an extension of time approved pursuant to this section, the milestones agreed upon pursuant to this section, or both, as necessary to deal with contractor, labor, or material delays; acts of God; governmental entitlements; or other external forces beyond the hospital’s control. (g) If the hospital fails to meet any milestone or the seismic compliance deadline approved in the compliance plan approved pursuant to this section, it shall not be issued a building permit for any building in the facility except those required for seismic compliance, maintenance, and emergency repairs until the milestone is met and the hospital is adequately progressing toward meeting the hospital’s seismic compliance, as determined by the department. On a case-by-case basis, the department may determine if a building permit unrelated to seismic compliance may be considered for approval. (h) Failure to comply with the revised construction schedule or meet any major milestones established by the department and the hospital shall result in the assessment of a fine of five thousand dollars ($5,000) per calendar day until the requirements or milestones, respectively, are met. (i) Notwithstanding any other provision of this chapter, the hospital shall comply with requirements for a seismic compliance plan in accordance with Section 1.4 of Article 1 of Chapter 6 of Title 24 of the California Code of Regulations and related regulations. (j) This section does not extend any deadlines for Structural Performance Category-1 buildings to achieve the structural integrity to no longer pose a potential risk of collapse or pose a significant risk of loss of life. (k) Pursuant to Section 130065.15, the department shall include the name and location of the hospital and the projected final compliance date approved by the department. (l) The department shall adopt regulations and standards, or revise existing regulations and standards, or both, to extend the deadlines for meeting the structural performance and nonstructural performance requirements pursuant to Section 130065 and this section. Regulatory submissions made by the department to the California Building Standards Commission pursuant to this section shall be deemed to be emergency regulations and shall be adopted as such. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, and general welfare. (Added by Stats. 2024, Ch. 896, Sec. 3. (SB 1447) Effective January 1, 2025.)
  36. 13007.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Liability in Relation to Fires [13000 - 13011] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

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    A person who intentionally, negligently, or unlawfully causes fire to spread to another’s property is liable to the property owner for damages caused by the fire.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Liability in Relation to Fires [13000 - 13011] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 13007. Any person who personally or through another wilfully, negligently, or in violation of law, sets fire to, allows fire to be set to, or allows a fire kindled or attended by him to escape to, the property of another, whether privately or publicly owned, is liable to the owner of such property for any damages to the property caused by the fire. (Added by Stats. 1953, Ch. 48.)
  37. 130070.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. )

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    The department must tell the State Department of Public Health when a hospital owner has been cited for failing to comply with Section 130060 or 130065. The State Department of Public Health must suspend or refuse to renew a hospital’s license unless the hospital places the license in voluntary suspense, and the license must be reinstated or renewed when the department issues a written notice of compliance.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1. Health Facilities [129675 - 130070] ( Chapter 1 added by Stats. 1995, Ch. 415, Sec. 9. ) ## ARTICLE 9. Hospital Owner Responsibilities [130050 - 130070] ( Article 9 added by Stats. 1995, Ch. 415, Sec. 9. ) ## 130070. The department shall notify the State Department of Public Health of the hospital owners that have received a written notice of violation for failure to comply with either Section 130060 or 130065. Unless the hospital places its license in voluntary suspense, the State Department of Public Health shall suspend or refuse to renew the license of a hospital that has received a notice of violation from the department because of its failure to comply with either Section 130060 or 130065. The license shall be reinstated or renewed upon presentation to the State Department of Public Health of a written notice of compliance issued by the department. (Amended by Stats. 2021, Ch. 143, Sec. 338. (AB 133) Effective July 27, 2021.)
  38. 130075.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1.5. Small and Rural Hospital Relief Program [130075 - 130079] ( Chapter 1.5 added by Stats. 2021, Ch. 489, Sec. 2. )

    Verify source ↗

    This section establishes the Small and Rural Hospital Relief Program and places it under the Department of Health Care Access and Information.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1.5. Small and Rural Hospital Relief Program [130075 - 130079] ( Chapter 1.5 added by Stats. 2021, Ch. 489, Sec. 2. ) ## 130075. The Small and Rural Hospital Relief Program is hereby established under the administration of the Department of Health Care Access and Information for the purpose of funding seismic safety compliance with respect to small hospitals, rural hospitals, and critical access hospitals in the state. (Added by Stats. 2021, Ch. 489, Sec. 2. (SB 395) Effective January 1, 2022.)
  39. 130076.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1.5. Small and Rural Hospital Relief Program [130075 - 130079] ( Chapter 1.5 added by Stats. 2021, Ch. 489, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the chapter.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1.5. Small and Rural Hospital Relief Program [130075 - 130079] ( Chapter 1.5 added by Stats. 2021, Ch. 489, Sec. 2. ) ## 130076. For purposes of this chapter: (a) “Department” means the Department of Health Care Access and Information. (b) “Fund” means the Small and Rural Hospital Relief Fund established in Section 130077. (c) “Seismic safety compliance” means compliance with Article 9 (commencing with Section 130050) of Chapter 1. (d) “Qualified applicant” means any of the following hospitals: (1) A small hospital. (2) A rural hospital. (3) A critical access hospital. (Added by Stats. 2021, Ch. 489, Sec. 2. (SB 395) Effective January 1, 2022.)
  40. 130077.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1.5. Small and Rural Hospital Relief Program [130075 - 130079] ( Chapter 1.5 added by Stats. 2021, Ch. 489, Sec. 2. )

    Verify source ↗

    The Small and Rural Hospital Relief Fund is established in the Treasury, and its money is continuously appropriated for administering and funding the grant program under this chapter.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1.5. Small and Rural Hospital Relief Program [130075 - 130079] ( Chapter 1.5 added by Stats. 2021, Ch. 489, Sec. 2. ) ## 130077. (a) The Small and Rural Hospital Relief Fund is hereby established in the Treasury. (b) Notwithstanding Section 13340 of the Government Code, all moneys in the fund are continuously appropriated, without regard to fiscal years, for the administration and funding of the grant program pursuant to this chapter. (Added by Stats. 2021, Ch. 489, Sec. 2. (SB 395) Effective January 1, 2022.)
  41. 130078.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1.5. Small and Rural Hospital Relief Program [130075 - 130079] ( Chapter 1.5 added by Stats. 2021, Ch. 489, Sec. 2. )

    Verify source ↗

    The department must provide a grant to a qualified applicant that meets two listed criteria, and the grant may be used only for funding seismic safety compliance.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1.5. Small and Rural Hospital Relief Program [130075 - 130079] ( Chapter 1.5 added by Stats. 2021, Ch. 489, Sec. 2. ) ## 130078. (a) The department shall provide a grant to a qualified applicant that meets both of the following criteria: (1) Seismic safety compliance imposes a financial burden on the applicant that may result in hospital closure. (2) The hospital closure described in paragraph (1) would substantially impact the accessibility to health care in the communities surrounding the hospital. (b) A grant provided by the department pursuant to this section may be used only for funding seismic safety compliance. (Added by Stats. 2021, Ch. 489, Sec. 2. (SB 395) Effective January 1, 2022.)
  42. 130078.5.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1.5. Small and Rural Hospital Relief Program [130075 - 130079] ( Chapter 1.5 added by Stats. 2021, Ch. 489, Sec. 2. )

    Verify source ↗

    The department must expand grant eligibility for certain rural general acute care hospitals and must provide outreach and technical assistance; eligible hospitals may apply for compliance grants, and grant recipients must share estimated SPC-4D compliance costs.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1.5. Small and Rural Hospital Relief Program [130075 - 130079] ( Chapter 1.5 added by Stats. 2021, Ch. 489, Sec. 2. ) ## 130078.5. (a) The department shall expand eligibility for grants for single- and two-story general acute care hospitals located in rural areas with fewer than 80 general acute care beds and general acute care hospital revenue of seventy-five million dollars ($75,000,000) or less, as reported to the department pursuant to Section 128740 in 2020. (b) (1) Grants pursuant to this chapter shall provide general acute care hospitals described in subdivision (a) with funds to secure an SPC-4D assessment for purposes of planning for, and estimating the costs of, complying with Section 130065. (2) The department shall conduct outreach to general acute care hospitals described in subdivision (a) regarding the availability of these grants and provide technical assistance to hospitals applying for the grants. (3) A general acute care hospital receiving a grant for an assessment pursuant to this subdivision shall provide the estimated cost of SPC-4D compliance to the department. (c) (1) Subject to paragraphs (2) and (3), general acute care hospitals that have received a grant for an assessment pursuant to subdivision (b) may apply for a grant for purposes of complying with Section 130065. (2) Subject to paragraphs (2) and (3), for general acute care hospitals that already have an SPC-4D assessment approved by the department, the department may award the general acute care hospital grant money for purposes of complying with Section 130065. (Added by Stats. 2024, Ch. 801, Sec. 4. (AB 869) Effective January 1, 2025.)
  43. 130078.6.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1.5. Small and Rural Hospital Relief Program [130075 - 130079] ( Chapter 1.5 added by Stats. 2021, Ch. 489, Sec. 2. )

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    If future state funds are appropriated for this program, qualifying hospitals must submit specified financial information to the department before receiving state funds.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1.5. Small and Rural Hospital Relief Program [130075 - 130079] ( Chapter 1.5 added by Stats. 2021, Ch. 489, Sec. 2. ) ## 130078.6. (a) If state funds are appropriated to the Small and Rural Hospital Relief Fund in the future for the purpose of complying with Section 130065, before being awarded state funds, a hospital that qualifies for assessment grants under this chapter shall submit financial information to the department, on a form as required by the department, related to all of the following: (1) Whether the hospital has attempted to secure other methods of funding for SPC-4D compliance, including federal funding, and if not, the reason why. (2) The accuracy of the hospital’s SPC-4D cost estimates and confirmation that the estimated costs are only for purposes of SPC-4D compliance. (3) The hospital’s need for assistance due to financial hardship and lack of ability to finance the required improvements, in order to access state funds. (b) In awarding grants, the department shall have the authority to deny any costs from the assessment completed pursuant to this chapter that the department determines are not necessary to comply with SPC-4D requirements. (Added by Stats. 2024, Ch. 801, Sec. 5. (AB 869) Effective January 1, 2025.)
  44. 130079.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1.5. Small and Rural Hospital Relief Program [130075 - 130079] ( Chapter 1.5 added by Stats. 2021, Ch. 489, Sec. 2. )

    Verify source ↗

    The department may adopt regulations needed to implement this chapter.

    ## Health and Safety Code - HSC ## DIVISION 107. HEALTH CARE ACCESS AND INFORMATION [127000 - 130079] ( Heading of Division 107 amended by Stats. 2021, Ch. 143, Sec. 28. ) ## PART 7. FACILITIES DESIGN REVIEW AND CONSTRUCTION [129675 - 130079] ( Part 7 added by Stats. 1995, Ch. 415, Sec. 9. ) ## CHAPTER 1.5. Small and Rural Hospital Relief Program [130075 - 130079] ( Chapter 1.5 added by Stats. 2021, Ch. 489, Sec. 2. ) ## 130079. The department may adopt regulations necessary to implement this chapter. (Added by Stats. 2021, Ch. 489, Sec. 2. (SB 395) Effective January 1, 2022.)
  45. 13008.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Liability in Relation to Fires [13000 - 13011] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

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    A person is liable for damages if a fire on their property escapes to someone else’s property without due diligence to control it.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Liability in Relation to Fires [13000 - 13011] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 13008. Any person who allows any fire burning upon his property to escape to the property of another, whether privately or publicly owned, without exercising due diligence to control such fire, is liable to the owner of such property for the damages to the property caused by the fire. (Added by Stats. 1953, Ch. 48.)
  46. 13009.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Liability in Relation to Fires [13000 - 13011] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

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    People who negligently cause a fire, let a fire escape, or fail to fix certain noticed fire hazards can be liable for fire suppression and emergency response costs.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Liability in Relation to Fires [13000 - 13011] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 13009. (a) Any person (1) who negligently, or in violation of the law, sets a fire, allows a fire to be set, or allows a fire kindled or attended by the person to escape onto any public or private property, (2) other than a mortgagee, who, being in actual possession of a structure, fails or refuses to correct, within the time allotted for correction, despite having the right to do so, a fire hazard prohibited by law, for which a public agency properly has issued a notice of violation respecting the hazard, or (3) including a mortgagee, who, having an obligation under other provisions of law to correct a fire hazard prohibited by law, for which a public agency has properly issued a notice of violation respecting the hazard, fails or refuses to correct the hazard within the time allotted for correction, despite having the right to do so, is liable for the fire suppression costs incurred in fighting the fire and for the cost of providing rescue or emergency medical services, and those costs shall be a charge against that person. The charge shall constitute a debt of that person, and is collectible by the person, or by the federal, state, county, public, or private agency, incurring those costs in the same manner as in the case of an obligation under a contract, expressed or implied. (b) Public agencies participating in fire suppression, rescue, or emergency medical services as set forth in subdivision (a), may designate one or more of the participating agencies to bring an action to recover costs incurred by all of the participating agencies. An agency designated by the other participating agencies to bring an action pursuant to this section shall declare that authorization and its basis in the complaint, and shall itemize in the complaint the total amounts claimed under this section by each represented agency. (c) Any costs incurred by the Department of Forestry and Fire Protection in suppressing any wildland fire originating or spreading from a prescribed burning operation conducted by the department pursuant to a contract entered into pursuant to Article 2 (commencing with Section 4475) of Chapter 7 of Part 2 of Division 4 of the Public Resources Code shall not be collectible from any party to the contract as provided in subdivision (a), to the extent that those costs were not incurred as a result of a violation of any provision of the contract. (d) This section applies to all areas of the state, regardless of whether primarily wildlands, sparsely developed, or urban. (e) The statute of limitations applicable to an action brought pursuant to this section is that set forth in Section 338 of the Code of Civil Procedure. (Amended by Stats. 2021, Ch. 401, Sec. 20. (AB 1578) Effective January 1, 2022.)
  47. 13009.1.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Liability in Relation to Fires [13000 - 13011] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

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    This section makes certain people liable for fire-related investigation and recovery costs if they negligently or unlawfully cause a fire, let a fire escape, or fail to correct a noticed fire hazard in time.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Liability in Relation to Fires [13000 - 13011] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 13009.1. (a) Any person (1) who negligently, or in violation of the law, sets a fire, allows a fire to be set, or allows a fire kindled or attended by the person to escape onto any public or private property, (2) other than a mortgagee, who, being in actual possession of a structure, fails or refuses to correct, within the time allotted for correction, despite having the right to do so, a fire hazard prohibited by law, for which a public agency properly has issued a notice of violation respecting the hazard, or (3) including a mortgagee, who, having an obligation under other provisions of law to correct a fire hazard prohibited by law, for which a public agency properly has issued a notice of violation respecting the hazard, fails or refuses to correct the hazard within the time allotted for correction, despite having the right to do so, is liable for both of the following: (1) The cost of investigating and making any reports with respect to the fire. (2) The costs relating to accounting for that fire and the collection of any funds pursuant to Section 13009, including, but not limited to, the administrative costs of operating a fire suppression cost recovery program. The liability imposed pursuant to this paragraph is limited to the actual amount expended that is attributable to the fire. (b) In any civil action brought for the recovery of costs provided in this section, the court in its discretion may impose the amount of liability for costs described in subdivision (a). (c) The burden of proof as to liability shall be on the plaintiff and shall be by a preponderance of the evidence in an action alleging that the defendant is liable for costs pursuant to this section. The burden of proof as to the amount of costs recoverable shall be on the plaintiff and shall be by a preponderance of the evidence in any action brought pursuant to this section. (d) Any testimony, admission, or any other statement made by the defendant in any proceeding brought pursuant to this section, or any evidence derived from the testimony, admission, or other statement, shall not be admitted or otherwise used in any criminal proceeding arising out of the same conduct. (e) The liability constitutes a debt of that person and is collectible by the person, or by the federal, state, county, public, or private agency, incurring those costs in the same manner as in the case of an obligation under a contract, expressed or implied. (f) This section applies in all areas of the state, regardless of whether primarily wildlands, sparsely developed, or urban. (g) The statute of limitations applicable to an action brought pursuant to this section is that set forth in Section 338 of the Code of Civil Procedure. (Amended by Stats. 2021, Ch. 401, Sec. 21. (AB 1578) Effective January 1, 2022.)
  48. 13009.2.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Liability in Relation to Fires [13000 - 13011] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

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    A public agency suing for fire damages must keep pecuniary damages quantifiable and reasonable, and may recover certain ecological and environmental damages if they are quantifiable and not already covered.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Liability in Relation to Fires [13000 - 13011] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 13009.2. (a) In a civil action by a public agency seeking damages caused by a fire, pecuniary damages must be quantifiable and not unreasonable in relation to the prefire fair market value of the property, taking into consideration the ecological and environmental value of the property to the public. The only recoverable pecuniary damages shall be: (1) Either the restoration and rehabilitation costs associated with bringing the damaged property back to its preinjured state or replacement or acquisition costs of equivalent value, or diminution in value of property as a result of the fire, including lost timber value, or some combination thereof. (2) Short-term costs related to immediate damages suffered as a result of the fire, such as burned area emergency response costs, costs associated with discrete restoration activities related to repair and replacement of real property improvements, and remediation and eradication costs relative to invasive species and any other nonnative infestation caused by or exacerbated by sudden burn area conditions. (b) In addition to the damages authorized by subdivision (a), a public agency may also recover ecological and environmental damages caused by the fire, if those damages are quantifiable, and are not redressed by the damages set forth in subdivision (a), taking into consideration the ecological and environmental value of the property to the public. Ecological and environmental damages may include: (1) Lost recreational value. (2) Lost interim use. (3) Lost historical and archeological value. (4) Damage to wildlife, wildlife habitat, water or soil quality, or plants. (5) Damage to any rare natural features of the property. (6) Lost aesthetic value. (c) In assessing the reasonableness of damages under subdivision (b), the prefire fair market value of the property is relevant and one factor to be considered, in addition to the other factors listed in subdivision (b). (d) A public agency plaintiff who claims environmental damages of any kind under subdivision (a) or (b) shall not seek to enhance any pecuniary or environmental damages recovered under this section. This section is not intended to alter the law regarding whether Section 3346 of the Civil Code or Section 733 of the Code of Civil Procedure can be used to enhance fire damages, but this section does confirm that if a public agency claims environmental damages under subdivision (a) or (b), it shall not seek to enhance any damages recovered under this section for any reason, and shall not use Section 3346 of the Civil Code or Section 733 of the Code of Civil Procedure to do so, regardless of whether those sections might otherwise apply. This section is not intended to limit or change the ability of a public agency to recover costs arising from a fire as provided in Sections 13009 and 13009.1. (e) For purposes of this section, the term “public agency” means the United States of America or any political subdivision thereof, the State of California, any city, county, district, public agency, or any other public subdivision of the state. (f) This section shall apply only to a civil action filed on or after the effective date of the act adding this section. (Added by Stats. 2012, Ch. 289, Sec. 1. (AB 1492) Effective September 11, 2012.)
  49. 13009.5.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Liability in Relation to Fires [13000 - 13011] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

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    If the Department of Forestry and Fire Protection uses inmate labor to fight fires, the Director of Forestry and Fire Protection must set the charge for that use.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Liability in Relation to Fires [13000 - 13011] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 13009.5. Where the Department of Forestry and Fire Protection utilizes inmate labor for fighting fires, the charge for their use, for the purpose of Section 13009, shall be set by the Director of Forestry and Fire Protection. In determining the charges, he or she may consider, in addition to costs incurred by the department, the per capita cost to the state of maintaining the inmates. (Amended by Stats. 1992, Ch. 427, Sec. 92. Effective January 1, 1993.)
  50. 13009.6.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Liability in Relation to Fires [13000 - 13011] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

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    A person whose negligence causes a qualifying hazardous-substance emergency can be charged for the public agency’s response expenses, and the person’s employer can also be charged if the negligence happened during employment.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Liability in Relation to Fires [13000 - 13011] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 13009.6. (a) (1) Those expenses of an emergency response necessary to protect the public from a real and imminent threat to health and safety by a public agency to confine, prevent, or mitigate the release, escape, or burning of hazardous substances described in subdivision (c) are a charge against any person whose negligence causes the incident, if either of the following occurs: (A) Evacuation from the building, structure, property, or public right-of-way where the incident originates is necessary to prevent loss of life or injury. (B) The incident results in the spread of hazardous substances or fire posing a real and imminent threat to public health and safety beyond the building, structure, property, or public right-of-way where the incident originates. (2) Expenses reimbursable to a public agency under this section are a debt of the person liable therefor, and shall be collectible in the same manner as in the case of an obligation under contract, express or implied. (3) The charge created against the person by this subdivision is also a charge against the person’s employer if the negligence causing the incident occurs in the course of the person’s employment. (4) The public agencies participating in an emergency response meeting the requirements of paragraph (1) of this subdivision may designate one or more of the participating agencies to bring an action to recover the expenses incurred by all of the designating agencies which are reimbursable under this section. (5) An action to recover expenses under this section may be joined with any civil action for penalties, fines, injunctive, or other relief brought against the responsible person or employer, or both, arising out of the same incident. (b) There shall be deducted from any amount otherwise recoverable under this section, the amount of any reimbursement for eligible costs received by a public agency pursuant to Part 2 (commencing with Section 78000) of Division 45. The amount so reimbursed may be recovered as provided in Section 79650. (c) As used in this section, “hazardous substance” means any hazardous substance listed in subdivision (a) of Section 78075 or subdivision (q) of Section 25501 of this code, or in Section 6382 of the Labor Code. (d) As used in this section, “mitigate” includes actions by a public agency to monitor or model ambient levels of airborne hazardous substances for the purpose of determining or assisting in the determination of whether or not to evacuate areas around the property where the incident originates, or to determine or assist in the determination of which areas around the property where the incident originates should be evacuated. (Amended by Stats. 2022, Ch. 258, Sec. 31. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
  51. 13010.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Liability in Relation to Fires [13000 - 13011] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

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    Sections 13007, 13008, and 13009 do not apply to, or affect, rights, duties, or causes of action that existed and had already accrued before August 14, 1931.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Liability in Relation to Fires [13000 - 13011] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 13010. Sections 13007, 13008, and 13009 of this code do not apply to nor affect any rights, duties, or causes of action in existence and accruing prior to August 14, 1931. (Added by Stats. 1953, Ch. 48.)
  52. 130100.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. )

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    This section creates a state program for early childhood development and assigns administration to the California Children and Families Commission and county children and families commissions.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. ) ## 130100. There is hereby created a program in the state for the purposes of promoting, supporting, and improving the early development of children from the prenatal stage to five years of age. These purposes shall be accomplished through the establishment, institution, and coordination of appropriate standards, resources, and integrated and comprehensive programs emphasizing community awareness, education, nurturing, child care, social services, health care, and research. (a) It is the intent of this act to facilitate the creation and implementation of an integrated, comprehensive, and collaborative system of information and services to enhance optimal early childhood development and to ensure that children are ready to enter school. This system should function as a network that promotes accessibility to all information and services from any entry point into the system. It is further the intent of this act to emphasize local decisionmaking, to provide for greater local flexibility in designing delivery systems, and to eliminate duplicate administrative systems. (b) The programs authorized by this act shall be administered by the California Children and Families Commission and by county children and families commissions. In administering this act, the state and county commissions shall use outcome-based accountability to determine future expenditures. (c) This division shall be known and may be cited as the “California Children and Families Act of 1998.” (Amended by Stats. 2002, Ch. 245, Sec. 1. Effective January 1, 2003. Note: This section was added on Nov. 3, 1998, by initiative Prop. 10.)
  53. 130105.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. )

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    This section creates the California Children and Families Trust Fund and directs how its money must be collected, allocated, deposited, and spent.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. ) ## 130105. The California Children and Families Trust Fund is hereby created in the State Treasury. (a) The California Children and Families Trust Fund shall consist of moneys collected pursuant to the taxes imposed by Section 30131.2 of the Revenue and Taxation Code. (b) All costs to implement this act shall be paid from moneys deposited in the California Children and Families Trust Fund. (c) The State Board of Equalization shall determine within one year of the passage of this act the effect that additional taxes imposed on cigarettes and tobacco products by this act has on the consumption of cigarettes and tobacco products in this state. To the extent that a decrease in consumption is determined by the State Board of Equalization to be the direct result of additional taxes imposed by this act, the State Board of Equalization shall determine the fiscal effect the decrease in consumption has on the funding of any Proposition 99 (the Tobacco Tax and Health Protection Act of 1988) state health-related education or research programs in effect as of November 1, 1998, and the Breast Cancer Fund programs that are funded by excise taxes on cigarettes and tobacco products. Funds shall be transferred from the California Children and Families Trust Fund to those affected programs as necessary to offset the revenue decrease directly resulting from the imposition of additional taxes by this act. These reimbursements shall occur, and at any times, as determined necessary to further the intent of this subdivision. (d) Moneys shall be allocated and appropriated from the California Children and Families Trust Fund as follows: (1) Twenty percent shall be allocated and appropriated to separate accounts of the state commission for expenditure according to the following formula: (A) Six percent shall be deposited in a Mass Media Communications Account for expenditures for communications to the general public utilizing television, radio, newspapers, and other mass media on subjects relating to and furthering the goals and purposes of this act, including, but not limited to, methods of nurturing and parenting that encourage proper childhood development, the informed selection of child care, information regarding health and social services, the prevention and cessation of tobacco, alcohol, and drug use by pregnant women, the detrimental effects of secondhand smoke on early childhood development, and to ensure that children are ready to enter school. Any funds not needed in this account may be transferred to the Unallocated Account described in subparagraph (F), upon approval by the state commission. (B) Five percent shall be deposited in an Education Account for expenditures to ensure that children are ready to enter school and for programs relating to education, including, but not limited to, the development of educational materials, professional and parental education and training, and technical support for county commissions in the areas described in subparagraph (A) of paragraph (1) of subdivision (b) of Section 130125. Any funds not needed in this account may be transferred to the Unallocated Account described in subparagraph (F), upon approval by the state commission. (C) Three percent shall be deposited in a Child Care Account for expenditures to ensure that children are ready to enter school and for programs relating to child care, including, but not limited to, the education and training of child care providers, the development of educational materials and guidelines for child care workers, and other areas described in subparagraph (B) of paragraph (1) of subdivision (b) of Section 130125. Any funds not needed in this account may be transferred to the Unallocated Account described in subparagraph (F), upon approval by the state commission. (D) Three percent shall be deposited in a Research and Development Account for expenditures to ensure that children are ready to enter school and for the research and development of best practices and standards for all programs and services relating to early childhood development established pursuant to this act, and for the assessment and quality evaluation of those programs and services. Any funds not needed in this account may be transferred to the Unallocated Account described in subparagraph (F), upon approval by the state commission. (E) One percent shall be deposited in an Administration Account for expenditures for the administrative functions of the state commission. Any funds not needed for the administrative functions of the state commission may be transferred to the Unallocated Account described in subparagraph (F), upon approval by the state commission. (F) Two percent shall be deposited in an Unallocated Account for expenditure by the state commission for any of the purposes of this act described in Section 130100 provided that none of these moneys shall be expended for the administrative functions of the state commission. (G) In the event that, for whatever reason, the expenditure of any moneys allocated and appropriated for the purposes specified in subparagraphs (A) to (F), inclusive, is enjoined by a final judgment of a court of competent jurisdiction, then those moneys shall be available for expenditure by the state commission for mass media communication emphasizing the need to eliminate smoking and other tobacco use by pregnant women, the need to eliminate smoking and other tobacco use by persons under 18 years of age, and the need to eliminate exposure to secondhand smoke. (H) Any moneys allocated and appropriated to any of the accounts described in subparagraphs (A) to (F), inclusive, that are not encumbered or expended within any applicable period prescribed by law shall (together with the accrued interest on the amount) revert to and remain in the same account for the next fiscal period. (2) Eighty percent shall be allocated and appropriated to county commissions in accordance with Section 130140. (A) The moneys allocated and appropriated to county commissions shall be deposited in each local Children and Families Trust Fund administered by each county commission, and shall be expended only for the purposes authorized by this act and in accordance with the county strategic plan approved by each county commission. (B) Any moneys allocated and appropriated to any of the county commissions that are not encumbered or expended within any applicable period prescribed by law shall (together with the accrued interest on the amount) revert to and remain in the same local Children and Families Trust Fund for the next fiscal period under the same conditions as set forth in subparagraph (A). (e) All grants, gifts, or bequests of money made to or for the benefit of the state commission from public or private sources to be used for early childhood development programs shall be deposited in the California Children and Families Trust Fund and expended for the specific purpose for which the grant, gift, or bequest was made. The amount of any such grant, gift, or bequest shall not be considered in computing the amount allocated and appropriated to the state commission pursuant to paragraph (1) of subdivision (d). (f) All grants, gifts, or bequests of money made to or for the benefit of any county commission from public or private sources to be used for early childhood development programs shall be deposited in the local Children and Families Trust Fund and expended for the specific purpose for which the grant, gift, or bequest was made. The amount of any such grant, gift, or bequest shall not be considered in computing the amount allocated and appropriated to the county commissions pursuant to paragraph (2) of subdivision (d). (Amended by Stats. 2009, Ch. 157, Sec. 1. (AB 1422) Effective September 22, 2009. Note: This section was added on Nov. 3, 1998, by initiative Prop. 10.)
  54. 13011.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Liability in Relation to Fires [13000 - 13011] ( Chapter 1 enacted by Stats. 1939, Ch. 60. )

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    Business premises with double doors at the public entrance must keep both doors unlocked during normal business hours.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. Liability in Relation to Fires [13000 - 13011] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## 13011. Both doors of any double doors designated as the public entrance to any place of business shall be kept unlocked during normal business hours. (Added by Stats. 1983, Ch. 267, Sec. 1.)
  55. 130110.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. )

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    This section establishes the California Children and Families Commission, also known as First 5 California, and sets out its membership structure.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. ) ## 130110. (a) There is hereby established a California Children and Families Commission, which may also be known as First 5 California, composed of seven voting members and two ex officio members. (b) The voting members shall be selected, pursuant to Section 130115, from persons with knowledge, experience, and expertise in early child development, child care, education, social services, public health, the prevention and treatment of tobacco and other substance abuse, behavioral health, and medicine (including, but not limited to, representatives of statewide medical and pediatric associations or societies), upon consultation with public and private sector associations, organizations, and conferences composed of professionals in these fields. (c) The Secretary of the California Health and Human Services Agency and the Secretary for Education, or their designees, shall serve as ex officio nonvoting members of the state commission. (Amended by Stats. 2003, Ch. 378, Sec. 1. Effective January 1, 2004. Note: This section was added on Nov. 3, 1998, by initiative Prop. 10.)
  56. 130115.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. )

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    This section sets who appoints members of the state commission and limits how long appointees may serve.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. ) ## 130115. The Governor shall appoint three members of the state commission, one of whom shall be designated as chairperson. One of the Governor’s appointees shall be either a county health officer or a county health executive. The Speaker of the Assembly and the Senate Rules Committee shall each appoint two members of the state commission. Of the members first appointed by the Governor, one shall serve for a term of four years, and two for a term of two years. Of the members appointed by the Speaker of the Assembly and the Senate Rules Committee, one appointed by the Speaker of the Assembly and the Senate Rules Committee shall serve for a period of four years with the other appointees to serve for a period of three years. Thereafter, all appointments shall be for four-year terms. No appointee shall serve as a member of the state commission for more than two four-year terms. (Added November 3, 1998, by initiative Proposition 10. Effective (by Sec. 7 of Prop. 10) on date election results were certified.)
  57. 130120.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. )

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    The state commission must hire an executive director within three months after a majority of its voting members are appointed, then hire any other needed or appropriate staff.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. ) ## 130120. The state commission shall, within three months after a majority of its voting members have been appointed, hire an executive director. The state commission shall thereafter hire such other staff as necessary or appropriate. The executive director and staff shall be compensated as determined by the state commission, consistent with moneys available for appropriation in the Administration Account. All professional staff employees of the state commission shall be exempt from civil service. The executive director shall act under the authority of, and in accordance with the direction of, the state commission. (Added November 3, 1998, by initiative Proposition 10. Effective (by Sec. 7 of Prop. 10) on date election results were certified.)
  58. 130125.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. )

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    The state commission has powers and duties to support early childhood development, including issuing guidelines, public outreach, hearings, reviews, research, coordination, technical assistance, reports, grants, contracts, and recommendations.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. ) ## 130125. The powers and duties of the state commission shall include, but are not limited to, the following: (a) Providing for statewide dissemination of public information and educational materials to members of the general public and to professionals for the purpose of developing appropriate awareness and knowledge regarding the promotion, support, and improvement of early childhood development. (b) Adopting guidelines for an integrated and comprehensive statewide program of promoting, supporting, and improving early childhood development that enhances the intellectual, social, emotional, and physical development of children in California. (1) The state commission’s guidelines shall, at a minimum, address the following matters: (A) Parental education and support services in all areas required for, and relevant to, informed and healthy parenting. Examples of parental education shall include, but are not limited to, prenatal and postnatal infant and maternal nutrition, education and training in newborn and infant care and nurturing for optimal early childhood development, parenting and other necessary skills, child abuse prevention, and avoidance of tobacco, drugs, and alcohol during pregnancy. Examples of parental support services shall include, but are not limited to, family support centers offering an integrated system of services required for the development and maintenance of self-sufficiency, domestic violence prevention and treatment, tobacco and other substance abuse control and treatment, voluntary intervention for families at risk, and any other prevention and family services and counseling critical to successful early childhood development. (B) The availability and provision of high quality, accessible, and affordable child care, both in-home and at child care facilities, that emphasizes education, training and qualifications of care providers, increased availability and access to child care facilities, resource and referral services, technical assistance for caregivers, and financial and other assistance to ensure appropriate child care for all households. (C) The provision of child health care services that emphasize prevention, diagnostic screenings, and treatment not covered by other programs; and the provision of prenatal and postnatal maternal health care services that emphasize prevention, immunizations, nutrition, treatment of tobacco and other substance abuse, general health screenings, and treatment services not covered by other programs. (2) The state commission shall conduct at least one public hearing on its proposed guidelines before they are adopted. (3) The state commission shall, on at least an annual basis, periodically review its adopted guidelines and revise them as may be necessary or appropriate. (c) Defining the results to be achieved by the adopted guidelines, and collecting and analyzing data to measure progress toward attaining these results. (d) Providing for independent research, including the evaluation of any relevant programs, to identify the best standards and practices for optimal early childhood development, and establishing and monitoring demonstration projects. (e) Soliciting input regarding program policy and direction from individuals and entities with experience in early childhood development, facilitating the exchange of information between these individuals and entities, and assisting in the coordination of the services of public and private agencies to deal more effectively with early childhood development. (f) Providing technical assistance to county commissions in adopting and implementing county strategic plans for early childhood development. (g) Reviewing and considering the annual audits and reports transmitted by the county commissions and, following a public hearing, adopting a written report that consolidates, summarizes, analyzes, and comments on those annual audits and reports. (h) Applying for gifts, grants, donations, or contributions of money, property, facilities, or services from any person, corporation, foundation, or other entity, or from the state or any agency or political subdivision thereof, or from the federal government or any agency or instrumentality thereof, in furtherance of a statewide program of early childhood development. (i) Entering into any contracts and allocating funds to county commissions as necessary or appropriate to carry out the provisions and purposes of this act. (j) Making recommendations to the Governor and the Legislature for changes in state laws, regulations, and services necessary or appropriate to carry out an integrated and comprehensive program of early childhood development in an effective and cost-efficient manner. (Amended by Stats. 2002, Ch. 245, Sec. 3. Effective January 1, 2003. Note: This section was added on Nov. 3, 1998, by initiative Prop. 10.)
  59. 130130.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. )

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    The state commission must use bylaws for business procedures not covered by the act, a majority of voting members makes a quorum, and commission decisions need four votes.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. ) ## 130130. Procedures for the conduct of business by the state commission not specified in this act shall be contained in bylaws adopted by the state commission. A majority of the voting members of the state commission shall constitute a quorum. All decisions of the state commission, including the hiring of the executive director, shall be by a majority of four votes. (Added November 3, 1998, by initiative Proposition 10. Efective (by Sec. 7 of Prop. 10) on date election results were certified.)
  60. 130135.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. )

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    Voting members of the state commission may not be compensated for their services, but they may receive reasonable per diem and reimbursement of reasonable expenses when attending meetings or carrying out other official responsibilities if authorized by the commission.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. ) ## 130135. Voting members of the state commission shall not be compensated for their services, except that they shall be paid reasonable per diem and reimbursement of reasonable expenses for attending meetings and discharging other official responsibilities as authorized by the state commission. (Added November 3, 1998, by initiative Proposition 10. Efective (by Sec. 7 of Prop. 10) on date election results were certified.)
  61. 130140.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. )

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    Counties and county commissions can receive program money only after meeting specified planning, hearing, reporting, and policy requirements.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. ) ## 130140. Any county or counties developing, adopting, promoting, and implementing local early childhood development programs consistent with the goals and objectives of this act shall receive moneys pursuant to paragraph (2) of subdivision (d) of Section 130105 in accordance with the following provisions: (a) For the period between January 1, 1999, and June 30, 2000, county commissions shall receive the portion of the total moneys available to all county commissions equal to the percentage of the number of births recorded in the relevant county (for the most recent reporting period) in proportion to the entire number of births recorded in California (for the same period), provided that each of the following requirements has first been satisfied: (1) The county’s board of supervisors has adopted an ordinance containing the following minimum provisions: (A) The establishment of a county children and families commission. The county commission shall be appointed by the board of supervisors and shall consist of at least five but not more than nine members. (i) Two members of the county commission shall be from among the county health officer and persons responsible for management of the following county functions: children’s services, public health services, behavioral health services, social services, and tobacco and other substance abuse prevention and treatment services. (ii) One member of the county commission shall be a member of the board of supervisors. (iii) The remaining members of the county commission shall be from among the persons described in clause (i) and persons from the following categories: recipients of project services included in the county strategic plan; educators specializing in early childhood development; representatives of a local child care resource or referral agency, or a local child care coordinating group; representatives of a local organization for prevention or early intervention for families at risk; representatives of community-based organizations that have the goal of promoting nurturing and early childhood development; representatives of local school districts; and representatives of local medical, pediatric, or obstetric associations or societies. (B) The manner of appointment, selection, or removal of members of the county commission, the duration and number of terms county commission members shall serve, and any other matters that the board of supervisors deems necessary or convenient for the conduct of the county commission’s activities, provided that members of the county commission shall not be compensated for their services, except they shall be paid reasonable per diem and reimbursement of reasonable expenses for attending meetings and discharging other official responsibilities as authorized by the county commission. (C) The requirement that the county commission adopt an adequate and complete county strategic plan for the support and improvement of early childhood development within the county. (i) The county strategic plan shall be consistent with, and in furtherance of the purposes of, this act and any guidelines adopted by the state commission pursuant to subdivision (b) of Section 130125 that are in effect at the time the plan is adopted. (ii) The county strategic plan shall, at a minimum, include the following: a description of the goals and objectives proposed to be attained; a description of the programs, services, and projects proposed to be provided, sponsored, or facilitated; and a description of how measurable outcomes of such programs, services, and projects will be determined by the county commission using appropriate reliable indicators. No county strategic plan shall be deemed adequate or complete until and unless the plan describes how programs, services, and projects relating to early childhood development within the county will be integrated into a consumer-oriented and easily accessible system. (iii) The county commission shall, on at least an annual basis, be required to review its county strategic plan and to revise the plan as may be necessary or appropriate. (iv) The county commission shall measure the outcomes of county funded programs through the use of applicable, reliable indicators and review that information on a periodic basis as part of the public review of its county strategic plan. (D) The requirement that the county commission conduct at least one public hearing on its proposed county strategic plan before the plan is adopted. (E) The requirement that the county commission conduct at least one public hearing on its periodic review of the county strategic plan before any revisions to the plan are adopted. (F) The requirement that the county commission submit its adopted county strategic plan, and any subsequent revisions thereto, to the state commission. (G) The requirement that the county commission prepare and adopt an annual audit and report pursuant to Section 130150. The county commission shall conduct at least one public hearing prior to adopting any annual audit and report. (H) The requirement that the county commission conduct at least one public hearing on each annual report by the state commission prepared pursuant to subdivision (b) of Section 130150. (I) Two or more counties may form a joint county commission, adopt a joint county strategic plan, or implement joint programs, services, or projects. (2) The county’s board of supervisors has established a county commission and has appointed a majority of its members. (3) The county has established a local Children and Families Trust Fund pursuant to subparagraph (A) of paragraph (2) of subdivision (d) of Section 130105. (b) Notwithstanding any provision of this act to the contrary, no moneys made available to county commissions under subdivision (a) shall be expended to provide, sponsor, or facilitate any programs, services, or projects for early childhood development until and unless the county commission has first adopted an adequate and complete county strategic plan that contains the provisions required by clause (ii) of subparagraph (C) of paragraph (1) of subdivision (a). (c) In the event that any county elects not to participate in the California Children and Families Program, the moneys remaining in the California Children and Families Trust Fund shall be reallocated and reappropriated to participating counties in the following fiscal year. (d) For the fiscal year commencing on July 1, 2000, and for each fiscal year thereafter, county commissions shall receive the portion of the total moneys available to all county commissions equal to the percentage of the number of births recorded in the relevant county (for the most recent reporting period) in proportion to the number of births recorded in all of the counties participating in the California Children and Families Program (for the same period), provided that each of the following requirements has first been satisfied: (1) The county commission has, after the required public hearings, adopted an adequate and complete county strategic plan conforming to the requirements of subparagraph (C) of paragraph (1) of subdivision (a), and has submitted the plan to the state commission. (2) The county commission has conducted the required public hearings, and has prepared and submitted all audits and reports required pursuant to Section 130150. (3) The county commission has conducted the required public hearings on the state commission annual reports prepared pursuant to subdivision (b) of Section 130150. (4) The county commission, in a public hearing, has adopted policies that are consistent with the following state laws: (A) With regard to conflict of interest of the commission members, the county commission’s policies shall be consistent with Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1 of the Government Code, Article 4.7 (commencing with Section 1125) of Chapter 1 of Division 4 of Title 1 of the Government Code, and Chapter 7 (commencing with Section 87100) of Title 9 of the Government Code. (B) With regard to contracting and procurement, the county commission’s policies shall be consistent with Article 7 (commencing with Section 54201) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code, Chapter 2 (commencing with Section 2000) of Part 1 of Division 2 of the Public Contract Code, Section 3410 of the Public Contract Code, and Chapter 3.5 (commencing with Section 22150) of Part 3 of Division 2 of the Public Contract Code. (5) The county commission, in a public hearing, has adopted a limit on the percentage of the county commission’s operating budget that may be spent on administrative functions, pursuant to guidelines issued by the state commission that define administrative functions. (6) The county commission has adopted, in a public hearing, policies and processes establishing the salaries and benefits of employees of the county commission. Salaries and benefits shall conform with established county commission or county government policies. (e) In the event that any county elects not to continue participation in the California Children and Families Program, any unencumbered and unexpended moneys remaining in the local Children and Families Trust Fund shall be returned to the California Children and Families Trust Fund for reallocation and reappropriation to participating counties in the following fiscal year. (f) For purposes of this section, “relevant county” means the county in which the mother of the child whose birth is being recorded resides. (Amended by Stats. 2006, Ch. 111, Sec. 1. Effective January 1, 2007. Note: This section was added on Nov. 3, 1998, by initiative Prop. 10.)
  62. 130140.1.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. )

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    A county may create a county commission for the program, and if it does so, the commission must file a required statement, may exercise listed powers, and must keep certain child- and family-related information confidential.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. ) ## 130140.1. (a) In the event a county elects to participate in the California Children and Families Program, and satisfies the requirements set forth in Section 130140, the county may establish a county commission that is either of the following: (1) A legal public entity separate from the county. (2) An agency of the county with independent authority over the strategic plan described in Section 130140 and the local trust fund established pursuant to subparagraph (A) of paragraph (2) of subdivision (d) of Section 130105. (b) In the event a county elects to establish a county commission as specified in paragraph (1) of subdivision (a), the following conditions shall apply: (1) The county commission shall be considered a legal public entity separate from the county, and shall file a statement as required by Section 53051 of the Government Code. (2) The powers, duties, and responsibilities of the county commission shall include, but shall not be limited to, the following: (A) The power to employ personnel and contract for personal services required to meet its obligations. (B) The power to enter into any contracts necessary or appropriate to carry out the provisions of this division. (C) The power to acquire, possess, and dispose of real or personal property, as necessary or appropriate to carry out the provisions and purposes of this division. (D) The power to sue or be sued. (3) The county commission shall be deemed to be a public agency that is a unit of local government for purposes of all grant programs and other funding and loan guarantee programs. (4) Any obligations of the county commission, statutory, contractual, or otherwise, shall be obligations solely of the commission. (5) All claims or actions for money or damages against a county commission shall be governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code, except as provided by other statutes or regulations that expressly apply to county commissions. (6) The county commission, its members, and its employees are protected by the immunities applicable to public entities and public employees governed by Part 1 (commencing with Section 810) and Part 2 (commencing with Section 814) of Division 3.6 of Title 1 of the Government Code, except as provided by other statutes or regulations that apply expressly to the county commissions. (7) If a county board of supervisors elects not to continue the county’s participation in the California Children and Families Program, the board shall adopt an ordinance terminating the county commission. (A) In terminating its county commission, the board of supervisors shall allow, to the extent possible, an appropriate transition period to allow for the county commission’s then-existing obligations to be satisfied. (B) In event of termination, any unencumbered and unexpended moneys remaining in the local Children and Families Trust Fund shall be distributed pursuant to subdivision (e) of Section 130140. (C) Prior to the termination of the county commission, the board of supervisors shall notify the state Children and Families Commission of its intent to terminate the county commission. (D) The liabilities of the county commission shall not become obligations of the county upon either the termination of the county commission or the liquidation or disposition of the county commission’s remaining assets. (c) If a county elects to establish a county commission as provided in paragraph (2) of subdivision (a), the county commission shall be deemed to be an agency of the county with independent authority over the strategic plan described in Section 130140 and the local Children and Families Trust Fund established pursuant to subparagraph (A) of paragraph (2) of subdivision (d) of Section 130105. (d) Any county commission established prior to the effective date of this section that substantially complies with the provisions of either subdivision (b) or (c) shall be deemed to be in compliance with this section. (e) (1) Individually identifiable physical or mental health information, substance abuse information, child care or education information, personnel or employment information, financial information, criminal justice information, or demographic information, regarding a child or a child’s parent, legal guardian, or other family member, that is provided to a county commission by a parent, legal guardian, family member, health care provider, health plan, public health authority, school, law enforcement agency, social services agency, probation agency, or any other source, shall be considered confidential, and may be disclosed only to a person, agency, or entity that receives funding from the county commission, by way of a grant award or contract or as a service provider for the provision of early childhood services, and only to the extent necessary to the provision of services, unless further disclosure is authorized by a written consent of the parent or legal guardian, or where disclosure is required by state or federal law. (2) Confidential information identified in accordance with this section shall not be subject to disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). (Amended by Stats. 2002, Ch. 664, Sec. 153. Effective January 1, 2003.)
  63. 130145.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. )

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    The state commission and each county commission must establish one or more advisory committees, and each committee must meet and make recommendations and reports as needed or appropriate.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. ) ## 130145. The state commission and each county commission shall establish one or more advisory committees to provide technical and professional expertise and support for any purposes that will be beneficial in accomplishing the purposes of this act. Each advisory committee shall meet and shall make recommendations and reports as deemed necessary or appropriate. (Added November 3, 1998, by initiative Proposition 10. Effective (by Sec. 7 of Prop. 10) on date election results were certified.)
  64. 130150.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. )

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    County commissions must file annual audits and reports, and the state commission must prepare its own annual report, share copies publicly, and may withhold county funds if a county commission does not submit required information.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. ) ## 130150. (a) On or before October 15 of each year, each county commission shall conduct an audit of, and issue a written report on the implementation and performance of, its functions during the preceding fiscal year, including, at a minimum, the manner in which funds were expended, the progress toward, and the achievement of, program goals and objectives, and information on programs funded and populations served for all funded programs. On or before November 1 of each year, each county commission shall submit its audit and report to the state commission for inclusion in the state commission’s consolidated report required in subdivision (b). Each commission shall submit its report in a format prescribed by the state commission if the state commission approves that format in a public meeting prior to the fiscal year during which it is to be used by the county commissions. The state commission shall develop the format in consultation with the county commissions. (b) The state commission shall, on or before January 31 of each year, do both of the following: (1) Conduct an audit and prepare a written report on the implementation and performance of the state commission functions during the preceding fiscal year, including, at a minimum, the manner in which funds were expended and the progress toward, and the achievement of, program goals and objectives. (2) Prepare a written report that consolidates, summarizes, analyzes, and comments on the annual audits and reports submitted by all of the county commissions and the Controller for the preceding fiscal year. The written report shall include a listing, by category, of the aggregate expenditures on program areas funded by the state and county commissions pursuant to the purposes of this act, according to a format prescribed by the state commission. This report by the state commission shall be transmitted to the Governor, the Legislature, and each county commission. (3) In the event a county commission does not submit the information prescribed in subdivision (a), the state commission may withhold funds that would otherwise have been allocated to the county commission from the California Children and Families Trust Fund pursuant to Section 130140 until the county commission submits the data as required by subdivision (a). (c) The state commission shall make copies of each of its annual audits and reports available to members of the general public on request and at no cost. The state commission shall furnish each county commission with copies of those documents in a number sufficient for local distribution by the county commission to members of the general public on request and at no cost. (d) Each county commission shall make copies of its annual audits and reports available to members of the general public on request and at no cost. (Amended by Stats. 2005, Ch. 243, Sec. 1. Effective January 1, 2006. Note: This section was added on Nov. 3, 1998, by initiative Prop. 10.)
  65. 130151.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. )

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    The Controller must issue audit guidelines, receive and review audit reports, and the commissions must hold hearings and respond to audit findings.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. ) ## 130151. (a) In addition to the requirements in Section 130150, the Controller shall issue guidelines for expanded annual audits of each county commission required pursuant to subdivision (b) of Section 130150 and associated quality control functions, subject to funding by the state commission. (b) The scope of the audits shall address a review of county commission policies and practices with respect to the following elements: (1) Contracting and procurement policies, to determine whether they are in place pursuant to paragraph (4) of subdivision (d) of Section 130140, whether state and county commissions are operating in accordance with these policies, and whether these policies contain provisions to ensure that the grants and contracts are consistent with the state or county commission’s strategic plan. (2) Administrative costs, to ensure that the county commission’s definitions comply with the state commission’s guidelines and that the county commission has a process in place to monitor these costs. (3) Policies and procedures, established pursuant to paragraph (4) of subdivision (d) of Section 130140, designed to assure compliance by the state commission and county commissions with all applicable state and local conflict-of-interest statutes and regulations. (4) Policies and practices designed to assure that county commissions are adhering to county commission ordinances established pursuant to paragraph (1) of subdivision (a) of Section 130140. (5) Long-range financial plans, to determine whether state and county commissions have these plans and that the plans have been formally adopted by the commission in a public hearing. (6) Financial condition of the commission. (7) Amount commissions spend on program evaluation and the documented results of these expenditures. (8) Salaries and benefit policies, to determine whether the county commission’s employee salaries and benefits comply with the policies that the county commission adopted pursuant to paragraph (6) of subdivision (d) of Section 130140. (c) The auditor for the state commission or the county commission shall submit each audit report, upon completion, simultaneously to both the Controller and to the state commission or applicable county commission. (d) The state commission and each respective county commission shall schedule a public hearing within two months of receipt of the audit to discuss findings within the report and any response to the findings. Within two weeks of the public hearing, the state or county commission shall submit to the Controller a response to the audit findings. (e) Within six months of the state or county commission’s response pursuant to subdivision (d), the Controller shall determine whether a county commission has successfully corrected its practices in response to the findings contained in the audit report. The Controller may, after that determination, recommend to the state commission to withhold the allocation of money that the county commission would otherwise receive from the California Children and Families Trust Fund until the Controller determines that the county commission has a viable plan and the ability to correct the practices identified in the audit. (f) The Controller shall prepare a summary report of the final audits and submit the report to the state commission by November 1 of each year for inclusion in the annual report required pursuant to subdivision (b) of Section 130150. (g) On or before April 30, 2006, the Controller shall present to the state commission in a public meeting the final audit guidelines and implementation plan. When developing the guidelines, the Controller shall consider the reasonableness of the projected costs and administrative burden of the required audit functions. (Added by Stats. 2005, Ch. 243, Sec. 2. Effective January 1, 2006.)
  66. 130155.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the California Children and Families Act.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. ) ## 130155. The following definitions apply for purposes of this act: (a) “Act” means the California Children and Families Act of 1998. (b) “County commission” means each county children and families commission established in accordance with Section 130140. (c) “County strategic plan” means the plan adopted by each county children and families commission and submitted to the California Children and Families Commission pursuant to Section 130140. (d) “State commission” means the California Children and Families Commission established in accordance with Section 130110. (Amended by Stats. 1999, Ch. 126, Sec. 6. Effective July 14, 1999. Note: This section was added on Nov. 3, 1998, by initiative Prop. 10.)
  67. 130156.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. )

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    A fund is created in the State Treasury to support health and human services for children ages birth through five, but spending depends on legislative appropriation.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. ) ## 130156. The Children and Families Health and Human Services Fund is hereby established in the State Treasury. The Children and Families Health and Human Services Fund shall be used, upon appropriation by the Legislature, to provide health and human services, including, but not limited to, direct health care services, to children from birth through five years of age. (Added by Stats. 2011, Ch. 4, Sec. 2. (AB 99) Effective March 24, 2011.)
  68. 130157.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. )

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    For fiscal year 2011-12, $50 million may be moved from the specified accounts into the Children and Families Health and Human Services Fund, and the state commission must make sure the money is available for the section’s purposes.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. ) ## 130157. Notwithstanding paragraph (1) of subdivision (d) of Section 130105, for the 2011–12 fiscal year, fifty million dollars ($50,000,000) from the accounts described in subparagraphs (A) to (F), inclusive, of paragraph (1) of subdivision (d) of Section 130105, including reserve funds, upon approval of the state commission, shall be transferred to and deposited in the Children and Families Health and Human Services Fund to support state health and human services programs for children from birth through five years of age. The state commission shall ensure that these funds are available for the purposes described in this section. To the extent it is necessary or appropriate for the state commission to disencumber existing obligations to meet the requirements of this section, the state commission, including, but not limited to, its representatives, officers, directors, and employees, including its attorneys and other persons, is hereby released from any and all liability, rights, claims, demands, and actions, known and unknown, which any party may have, arising in connection with the disencumbering of funds or obligations in accordance with this section. For purposes of this section, “state health and human services programs” includes, but is not limited to, direct health care services. (Added by Stats. 2011, Ch. 4, Sec. 3. (AB 99) Effective March 24, 2011.)
  69. 130158.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. )

    Verify source ↗

    County commissions must transfer and deposit specified funds into the Children and Families Health and Human Services Fund for the 2011–12 fiscal year, with an exemption for smaller counties.

    ## Health and Safety Code - HSC ## DIVISION 108. CALIFORNIA CHILDREN AND FAMILIES PROGRAM [130100 - 130158] ( Heading of Division 108 amended by Stats. 1999, Ch. 126, Sec. 1. ) ## 130158. (a) Notwithstanding paragraph (2) of subdivision (d) of Section 130105, for the 2011–12 fiscal year, nine hundred fifty million dollars ($950,000,000) from the combined balances of all the county Children and Families Trust Funds, including reserve funds, as provided for in subparagraphs (A) and (B) of paragraph (2) of subdivision (d) of Section 130105, shall be transferred to and deposited in the Children and Families Health and Human Services Fund, to support state health and human services programs for children from birth through five years of age. (b) For purposes of this section, “state health and human services programs” includes, but is not limited to, direct health care services and “county commission” includes, but is not limited to, county commissions, account holders for local children and families trust funds, and county government fiscal agents. (c) The share of the amount specified in subdivision (a) required of each county commission shall be determined in the following manner and subject to the following conditions: (1) A county commission that received less than six hundred thousand dollars ($600,000) in California Children and Families Trust Fund revenues in the 2009–10 fiscal year is exempt from this section and is not required to deposit funds in the Children and Families Health and Human Services Fund as part of the budget solution described in subdivision (a). (2) By June 30, 2012, each county commission not exempted by paragraph (1) shall remit for deposit into the Children and Families Health and Human Services Fund, 50 percent of its county commission funding, which includes total reserved, total unreserved-designated, and total unreserved-undesignated local children and families trust funds as of June 30, 2010. No funds other than revenues received pursuant to the California Children and Families Act of 1998 shall be remitted for deposit into the Children and Families Health and Human Services Fund. (3) Notwithstanding paragraph (2), county commission payments for deposit into the Children and Families Health and Human Services Fund shall not cause any county commission’s fund balance to fall below the amount received by the county commission from the California Children and Families Trust Fund in the 2009–10 fiscal year. (4) Full payments to the Children and Families Health and Human Services Fund shall be made by county commissions within the 2011–12 fiscal year. Notwithstanding any other provision of law, no 2012–13 allocation to a county commission shall occur prior to the full payment being made. (5) Notwithstanding paragraphs (1) to (4), inclusive, the total combined remittances from county commissions in the 2011–12 fiscal year shall equal nine hundred fifty million dollars ($950,000,000). To the extent paragraphs (1) to (4), inclusive, result in more than nine hundred fifty million dollars ($950,000,000) being provided by county commissions in total, the difference shall be proportionally returned to all contributing county commissions. (d) Pursuant to subdivision (c), each county commission, as defined in subdivision (b), shall ensure that the funds for transfer and deposit to the Children and Families Health and Human Services Fund are not encumbered and are available for the purposes described in this section. To the extent that it is necessary or appropriate for a county commission to disencumber existing obligations to meet the requirements of this section, the county commission, including, but not limited to, its representatives, officers, directors, and employees, including its attorneys and other persons, is hereby released from any and all liability, rights, claims, demands, and actions, known and unknown, which any party may have, arising in connection with the disencumbering of funds, or obligations in accordance with this section. (e) After a county commission’s share of the nine hundred fifty million dollars ($950,000,000) specified in subdivision (a) has been determined pursuant to subdivision (c), that county commission, or appropriate agent or entity, shall remit those funds to the Controller for deposit into the Children and Families Health and Human Services Fund. The entire share of funds for each county commission shall be remitted within the 2011–12 fiscal year, and may be done, in equal amounts, on a monthly basis. (Added by Stats. 2011, Ch. 4, Sec. 4. (AB 99) Effective March 24, 2011.)
  70. 130200.

    ## Health and Safety Code - HSC ## DIVISION 109. Center for Data Insights and Innovation [130200 - 130211] ( Division 109 repealed and added by Stats. 2021, Ch. 696, Sec. 11. )

    Verify source ↗

    This section establishes the Center for Data Insights and Innovation within the California Health and Human Services Agency and requires it to be run by a director appointed by the Secretary.

    ## Health and Safety Code - HSC ## DIVISION 109. Center for Data Insights and Innovation [130200 - 130211] ( Division 109 repealed and added by Stats. 2021, Ch. 696, Sec. 11. ) ## 130200. There is hereby established within the California Health and Human Services Agency the Center for Data Insights and Innovation to ensure the enforcement of state law mandating the confidentiality of medical information. The Center for Data Insights and Innovation shall be administered by a director who shall also serve as the California Health and Human Services Chief Data Officer and shall be appointed by the Secretary of California Health and Human Services. (Repealed and added by Stats. 2021, Ch. 696, Sec. 11. (AB 172) Effective October 8, 2021.)
  71. 130201.

    ## Health and Safety Code - HSC ## DIVISION 109. Center for Data Insights and Innovation [130200 - 130211] ( Division 109 repealed and added by Stats. 2021, Ch. 696, Sec. 11. )

    Verify source ↗

    This section states legislative findings about health data, privacy, and data sharing, and expresses the intent to establish the Center for Data Insights and Innovation to carry out listed functions.

    ## Health and Safety Code - HSC ## DIVISION 109. Center for Data Insights and Innovation [130200 - 130211] ( Division 109 repealed and added by Stats. 2021, Ch. 696, Sec. 11. ) ## 130201. The Legislature finds and declares all of the following: (a) The California Health and Human Services Agency manages great amounts of valuable data on all aspects of life for Californians, including, but not limited to, health care delivery, business, social services, child welfare, and public health. (b) California has long recognized that securing individual privacy rights and confidentiality of personal health and medical records is of paramount importance to establishing public confidence in the provision of state services, and that ensuring transparent accountability, governance, and oversight are critical components to maintaining the public’s trust. (c) Data is a fundamental asset that can be more fully utilized without compromising patient privacy and data security. Improving and streamlining collection practices, interoperability of data and technology, data infrastructure, data security, and data sharing is critical to the improvement of the lives of Californians and will foster person-centered and not program-centered decisionmaking. (d) When data practices safeguard individual privacy, interpreting and using data improves public programs and policies and enriches the lives of people in many ways, including, but not limited to, all of the following: (1) Analytics increase efficiency and help target resources to vulnerable and underserved populations. (2) Data analytics allow for optimal use of existing resources and information assets to drive operational decisions and avoid changes that may result in adverse impacts or negative outcomes for vulnerable and underserved populations. (3) Health and social services outcomes are improved through use of analytics to identify underserved populations, detect gaps in services, and improve and facilitate access to programs and services. (4) Demographic and services information can be assessed to identify and address disparities, including racial, ethnic, gender, and geographic disparities, in health and socioeconomic status to advance equity and improve person-centered outcomes. (e) Information sharing among state departments for integrated health and social services has been hindered by a lack of standardized interpretation and application of health privacy laws throughout the state. State departments often do not share information for integrated health and social services, even when sharing is appropriate, lawful, and permissible to all identifiable individuals. In order to provide efficient and effective health and social services, information should be securely exchanged among state departments in a manner that prioritizes individual privacy and autonomy over access to personal data. (f) Unmitigated sharing and centralization of personal data relating to individuals presents unique risks to privacy, as that data can be used in concert to produce profiles revealing intimate details of individuals’ personal lives. Any policy related to data sharing, especially among governmental entities, must, therefore, be responsive to potential risks to personal privacy and include safeguards against invasive or excessive sharing of personal information. (g) Data sharing has the potential to positively affect health and social services outcomes by linking vulnerable populations to services for which they are eligible. (h) It is the intent of the Legislature to establish the Center for Data Insights and Innovation to do all of the following: (1) Establish health information sharing guidance that balances the need for patient privacy with the benefits of data sharing to support and encourage integrated care and services to assist California health and social services organizations. (2) Increase privacy protections by ensuring only required health data is transmitted for purposes and uses consistent with state and federal law. (3) Administer the State Committee for the Protection of Human Subjects. (4) Administer the California Health and Human Services Agency Open Data Portal. (5) Develop and administer the California Health and Human Services Agency Research Data Hub and other future data initiatives. (6) Improve and strengthen the security of data processes within the departments of the California Health and Human Services Agency. (7) Identify and guide tangible and program-specific efforts, from the California Health and Human Services Agency leadership perspective, toward enhanced person-centered services that bridge and connect access to all health and social services programs for which an individual may be eligible. (Amended by Stats. 2026, Ch. 27, Sec. 50. (SB 164) Effective June 29, 2026.)
  72. 130202.

    ## Health and Safety Code - HSC ## DIVISION 109. Center for Data Insights and Innovation [130200 - 130211] ( Division 109 repealed and added by Stats. 2021, Ch. 696, Sec. 11. )

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    This section defines key terms used in Division 109.

    ## Health and Safety Code - HSC ## DIVISION 109. Center for Data Insights and Innovation [130200 - 130211] ( Division 109 repealed and added by Stats. 2021, Ch. 696, Sec. 11. ) ## 130202. For the purposes of this division, the following definitions apply: (a) “Bona fide research” has the same meaning as subdivision (f) of Section 820 of Title 11 of the California Code of Regulations. (b) “Center” means the Center for Data Insights and Innovation. (c) “Chief Data Officer” means the Director of the Center for Data Insights and Innovation. (d) “CHHS Open Data Portal” means the California Health and Human Services Agency Open Data Portal. (e) “Director” means the Director of the Center for Data Insights and Innovation. (f) “HIPAA” means the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191). (g) “Research Data Hub” means the California Health and Human Services Agency Research Data Hub or future iterations and names of that product. (h) “State entities” means all state departments, agencies, boards, commissions, programs, and other organizational units of the executive branch of state government. (i) “Qualified researcher” means state entities, clinical investigators, including investigators conducting epidemiologic studies, health care research organizations, and accredited public or private nonprofit educational or health care institutions for bona fide research purposes. (Added by Stats. 2021, Ch. 696, Sec. 11. (AB 172) Effective October 8, 2021.)
  73. 130203.

    ## Health and Safety Code - HSC ## DIVISION 109. Center for Data Insights and Innovation [130200 - 130211] ( Division 109 repealed and added by Stats. 2021, Ch. 696, Sec. 11. )

    Verify source ↗

    The center must lead and oversee health information privacy compliance, and state entities must cooperate with the center and follow its HIPAA-related determinations.

    ## Health and Safety Code - HSC ## DIVISION 109. Center for Data Insights and Innovation [130200 - 130211] ( Division 109 repealed and added by Stats. 2021, Ch. 696, Sec. 11. ) ## 130203. (a) The center shall assume statewide leadership, coordination, policy formulation, direction, and oversight responsibilities for compliance with state and federal health information privacy laws, including, but not limited to, the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code), the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), and the federal Health Information Technology for Economic and Clinical Health Act (Title XIII of the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5)), and implementing regulations. The center shall exercise full authority relative to state entities to establish policy, provide direction to state entities, provide guidance on data sharing, monitor progress, and report on compliance activities. (b) Beginning January 1, 2022, the center shall complete an independent security assessment as described in Section 11549.3 of the Government Code at least once every three years and, consistent with subdivision (d) of that section, submit any resulting report and recommendations to the Office of Emergency Services. (c) All state entities subject to HIPAA shall complete an assessment, in a form specified by the center, to determine the impact of HIPAA on their operations. All state entities shall cooperate with the center to determine whether the state entity is subject to HIPAA, including, but not limited to, providing a completed assessment, as prescribed by the center. (d) All state entities shall cooperate with the efforts of the center to monitor HIPAA and health information privacy compliance activities and to obtain information on these activities. Information obtained about these activities shall not include personal information, as defined in subdivision (a) of Section 1798.3 of the Civil Code. (e) All state entities affected by HIPAA shall comply with the decisions of the director in achieving compliance with HIPAA and other health information privacy laws, including whether a state entity is subject to HIPAA and other state and federal health information privacy requirements. (f) (1) The center shall assume statewide leadership, coordination, direction, and oversight responsibilities for determining which provisions of state law concerning health information are preempted by HIPAA, or are more protective of individually identifiable health information, pursuant to Section 160.203 of Title 45 of the Code of Federal Regulations. State entities impacted by HIPAA shall, at the direction of the center, do both of the following: (i) Assist in determining which state laws concerning personal medical information are preempted by HIPAA. (ii) Conform to all determinations made by the center concerning HIPAA preemption issues. (2) If the center determines that a state law is preempted by HIPAA, the center shall provide the determination and a recommendation for a solution to the Secretary of California Health and Human Services. (g) State entities are responsible for ensuring compliance with state and federal health information privacy laws, including, but not limited to, HIPAA. To the extent that funds are appropriated in the annual Budget Act, the center shall do all of the following to assist state entities in complying with health information requirements: (1) Develop uniform policies on privacy, patient rights, and other matters related to health information requirements that shall be adopted and implemented by all state entities. In developing these policies, the center shall consult with representatives from the private sector, state government, and other public entities, including at least two consumer representatives, at least one of whom shall have expertise in privacy and security of health information. (2) Specify training and tools, such as protocols for assessment and reporting and any other tools determined by the director, for compliance with health information requirements. (3) Develop statewide guidance on health information sharing to support integrated health care and social services, including guidance on state and federal health information privacy laws, regulations, and policies. In developing this guidance, the center shall consult with representatives from the private sector, state government, and other public entities relevant to the provision of health care and social services, including privacy advocates, patient rights representatives, and county administrators of health and human services programs and their association representatives. (4) Represent the State of California in discussions on health data sharing, data interoperability, HIPAA, and substance use disorder information requirements contained in Part 2 of Title 42 of the Code of Federal Regulations with the federal Department of Health and Human Services. The center may review and approve all comments related to data sharing, data interoperability, HIPAA, and substance use disorder information requirements contained in Part 2 of Title 42 of the Code of Federal Regulations that state entities propose for submission to the federal Department of Health and Human Services or any other body or organization. (5) Coordinate and communicate with other affected entities, including, but not limited to, the Department of Technology and State Chief Data Officer. (6) Monitor the compliance activities of state entities with state and federal health information requirements and require these entities to report on their activities at times specified by the director, using a format prescribed by the director. (7) Develop standards for the center’s use in determining the extent of compliance with health information requirements. (8) Provide technical assistance to state entities on information sharing and compliance with state and federal health information privacy requirements. (h) (1) (A) Beginning March 1, 2022, and annually thereafter, the center shall provide to the Legislature, and post on its internet website, a written update that outlines its major endeavors, including the challenges encountered, the milestones achieved toward meeting set objectives to achieve a person-centered approach in health and human services, and the data collection and sharing practices employed by the center during the preceding year. (B) An update to be submitted to the Legislature pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code. (2) Upon the issuance of the update pursuant to subparagraph (A), the center shall meet with legislative staff representing the health and human services fiscal and policy areas to report on efforts for health and human services to become more person-centered in service delivery. The center shall provide updates on specific major programs serving or attempting to serve populations that are by definition considered underserved and vulnerable, including populations living in poverty and deep poverty, and who may lack access or face limitations due to age, disability, functional impairment, educational level, adverse childhood experiences, and cultural and linguistic challenges. This meeting shall occur through virtual or in-person meetings. (Added by Stats. 2021, Ch. 696, Sec. 11. (AB 172) Effective October 8, 2021.)
  74. 130205.

    ## Health and Safety Code - HSC ## DIVISION 109. Center for Data Insights and Innovation [130200 - 130211] ( Division 109 repealed and added by Stats. 2021, Ch. 696, Sec. 11. )

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    The center must administer the State Committee for the Protection of Human Subjects, and research disclosure requests for covered state information assets must be approved by that committee before disclosure.

    ## Health and Safety Code - HSC ## DIVISION 109. Center for Data Insights and Innovation [130200 - 130211] ( Division 109 repealed and added by Stats. 2021, Ch. 696, Sec. 11. ) ## 130205. (a) The center shall administer the State Committee for the Protection of Human Subjects, which is California’s institutional review board. Before state information assets subject to the Information Practices Act (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code) are disclosed for research, the request for data shall be approved by the State Committee for the Protection of Human Subjects in compliance with the process in Section 1798.24 of the Civil Code. In its duties, the State Committee for the Protection of Human Subjects board shall be fully independent in its review of requests for state data, institutional review board activities, and its activities under Section 1798.24 of the Civil Code. (b) Upon appropriation by the Legislature, the center shall administer the CHHS Open Data Portal, develop and administer the Research Data Hub, and may develop and administer other significant data initiatives for California Health and Human Services Agency and its departments. (c) The center shall use data to improve processes and provide strategic planning and services to the departments within the California Health and Human Services Agency, consistent with intent identified in subdivision (h) Section 130201. (Added by Stats. 2021, Ch. 696, Sec. 11. (AB 172) Effective October 8, 2021.)
  75. 130207.

    ## Health and Safety Code - HSC ## DIVISION 109. Center for Data Insights and Innovation [130200 - 130211] ( Division 109 repealed and added by Stats. 2021, Ch. 696, Sec. 11. )

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    This section creates the Center for Data Insights and Innovation Fund and sets rules for how money in the fund is handled and spent.

    ## Health and Safety Code - HSC ## DIVISION 109. Center for Data Insights and Innovation [130200 - 130211] ( Division 109 repealed and added by Stats. 2021, Ch. 696, Sec. 11. ) ## 130207. (a) Effective July 1, 2021, the Center for Data Insights and Innovation Fund is hereby created in the State Treasury, and, upon appropriation by the Legislature, moneys in the fund shall be made available for the purpose of this division. Any moneys in the fund that are unexpended or unencumbered at the end of the fiscal year may be carried forward to the next succeeding fiscal year. (b) The Center for Data Insights and Innovation Fund is the successor fund to the Office of Health Information Integrity Trust Fund. All the assets and liabilities of the Office of Health Information Integrity Trust Fund shall become assets and liabilities of the Center for Data Insights and Innovation Fund upon establishment of the Center for Data Insights and Innovation Fund. (c) Notwithstanding Section 16305.7 of the Government Code, all interest earned on moneys that have been deposited in the fund shall be retained in the fund and used for purposes consistent with this division. (d) The fund shall be administered by the director and moneys in the fund shall be used to pay all costs arising from the implementation of this division and rendering services to state entities as required by this division, including, but not limited to, employment and compensation of necessary personnel and expenses, such as operating and other expenses of the center and costs associated with technical assistance, and to establish reserves. At the discretion of the director, segregated, dedicated accounts within the fund may be established. (e) The fund shall consist of all of the following: (1) Moneys appropriated and made available by the Legislature for the purposes of this division. (2) All revenues received from the services provided for in this division. (3) Any other moneys that may be made available to the center from any other source, including, but not limited to, the return from investments of moneys by the Treasurer and funds received pursuant to subdivision (g). (f) The center may collect fee-for-service payments from a nonstate entity for services provided to the nonstate entity by the State Committee for the Protection of Human Subjects. (g) The center may also solicit funding in any of the following ways: (1) The center may apply to the United States Secretary of Health and Human Services for federal grants. (2) To the extent permitted by federal law, the center may seek federal financial participation for assisting beneficiaries of the Medi-Cal program. (Added by Stats. 2021, Ch. 696, Sec. 11. (AB 172) Effective October 8, 2021.)
  76. 130210.

    ## Health and Safety Code - HSC ## DIVISION 109. Center for Data Insights and Innovation [130200 - 130211] ( Division 109 repealed and added by Stats. 2021, Ch. 696, Sec. 11. )

    Verify source ↗

    The director may adopt regulations for this division. Before regulations are adopted, the center must post a proposed regulation, accept public comment for at least 30 days, and hold a public hearing if requested during that review period.

    ## Health and Safety Code - HSC ## DIVISION 109. Center for Data Insights and Innovation [130200 - 130211] ( Division 109 repealed and added by Stats. 2021, Ch. 696, Sec. 11. ) ## 130210. The director may adopt regulations to implement this division and the changes made to subdivision (t) of Section 1798.24 of the Civil Code by the act that added this section. Before adopting regulations, the center shall adopt the following standards: (a) At least 45 days prior to adoption, the center shall post a proposed regulation on its internet website. Public comment shall be accepted by the center for at least 30 days after the proposed regulation is posted. If a member of the public requests a public hearing during the 30-day review period, the hearing shall be held prior to adoption of the regulation. The process described in this subdivision shall apply to the adoption of new regulations and to changes to existing regulations until June 30, 2024. (b) Adoption of, and changes to, regulations adopted pursuant to this division shall not be subject to the rulemaking requirements of Section 11343.4 of, and Article 5 (commencing with Section 11346) and Article 6 (commencing with Section 11349) of Chapter 3.5, of Part 1 of Division 3 of Title 2 of the Government Code until June 30, 2024. (c) The director shall file any regulation adopted pursuant to this division with the Office of Administrative Law for filing with the Secretary of State and publication in the California Code of Regulations. Any regulation filed with the Office of Administrative Law pursuant to this subdivision shall include a citation to this section and any other applicable state or federal laws as providing authority for the adoption of the regulation. (1) Any regulation adopted pursuant to this division shall become effective on the date it is filed with the Secretary of State unless the director prescribes a later date in the regulation or in a written instrument filed with the regulation. (2) Any regulation adopted pursuant to this division shall expire the date that this division is repealed. (Added by Stats. 2021, Ch. 696, Sec. 11. (AB 172) Effective October 8, 2021.)
  77. 130211.

    ## Health and Safety Code - HSC ## DIVISION 109. Center for Data Insights and Innovation [130200 - 130211] ( Division 109 repealed and added by Stats. 2021, Ch. 696, Sec. 11. )

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    The center may hire contractors to provide services needed for this division, and it must set standards, provide privacy training as needed, and check that contractors comply with those standards.

    ## Health and Safety Code - HSC ## DIVISION 109. Center for Data Insights and Innovation [130200 - 130211] ( Division 109 repealed and added by Stats. 2021, Ch. 696, Sec. 11. ) ## 130211. The center may contract for the provision of services required to implement this division. The center shall adopt standards for the organizations with which it contracts pursuant to this section to ensure compliance with the privacy and confidentiality laws of this state, conduct privacy trainings as necessary, and regularly verify that the organizations have measures in place to ensure compliance with the adopted standards. The Legislature finds that these contracts are for a new state function and authorizes the performance of this work by independent contractors, pursuant to paragraph (2) of subdivision (b) of Section 19130 of the Government Code. (Added by Stats. 2021, Ch. 696, Sec. 11. (AB 172) Effective October 8, 2021.)
  78. 13025.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Standard Equipment [13025 - 13029] ( Article 1 enacted by Stats. 1939, Ch. 60. )

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    Fire-protection equipment with smaller couplings must use standard threads, and the State Fire Marshal must set related building standards.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Standard Equipment [13025 - 13029] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 13025. (a) All equipment for fire protection purposes having couplings or fittings with an inside diameter of three inches or less, purchased by any authorities having charge of public property, shall be equipped with standard threads for fire hose couplings and hydrant fittings designated as the national standard as adopted by the National Board of Fire Underwriters, which standard is designated as the standard for such equipment in this state. The State Fire Marshal shall adopt and submit building standards for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 of this code in order to conform such building standards to the provisions of this subdivision and subdivision (b). (b) All equipment for fire protection purposes having couplings or fittings with an inside diameter greater than three inches, if equippped with threads, shall be equipped with the standard threads prescribed in subdivision (a). (c) All equipment for fire protection purposes having couplings or fittings with an inside diameter greater than three inches not equipped with threaded fittings or couplings shall be approved by the State Fire Marshal, with advice from the State Board of Fire Services. The proposed system of use of such nonthreaded couplings or fittings shall be submitted in detail to the State Fire Marshal who shall, with advice from the State Board of Fire Services, approve its use if mutual aid capability is assured. (d) The State Fire Marshal shall adopt and submit building standards for approval pursuant to the provisions of Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13 of this code for any fire hydrants, including dry standpipe connections, in or on any improvement to land, which building standards define the requirements for standard threads for fire hose couplings and hydrant fittings as provided in subdivision (a) or (b). (Amended by Stats. 1979, Ch. 1152.)
  79. 13025.5.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Standard Equipment [13025 - 13029] ( Article 1 enacted by Stats. 1939, Ch. 60. )

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    Certain San Francisco fire departments must ensure specified firefighting vehicles carry at least eight adapters for use with hydrant outlets of the required size.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Standard Equipment [13025 - 13029] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 13025.5. Any fire department maintained by the City and County of San Francisco using fire hydrant outlets with other than two-and-one-half-inch (2 1/2-inch) threaded fittings shall cause any vehicle used for firefighting purposes and designed to pump water from those hydrants, that is normally used in areas of the city and county bordering the boundaries of any other public entity, as defined in Section 13050.1, providing any fire protection and suppression service, to carry a minimum of eight adapters, consisting of four increasers and four reducers, that enable the vehicle to couple its equipment and apparatus to fire hydrant outlets having two-and-one-half-inch (2 1/2-inch) threaded fittings, and that enable fire equipment vehicles from other public entities using two-and-one-half-inch (2 1/2-inch) threaded fittings to couple their firefighting equipment and apparatus to fire hydrant outlets maintained by the city and county. (Amended by Stats. 1992, Ch. 1069, Sec. 2. Effective January 1, 1993.)
  80. 13026.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Standard Equipment [13025 - 13029] ( Article 1 enacted by Stats. 1939, Ch. 60. )

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    The State Fire Marshal may make necessary changes to standardize all existing fire protective equipment throughout the state.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Standard Equipment [13025 - 13029] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 13026. The State Fire Marshal is authorized to make such changes as may be necessary to standardize all existing fire protective equipment throughout the state. (Amended by Stats. 1980, Ch. 118.)
  81. 13027.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Standard Equipment [13025 - 13029] ( Article 1 enacted by Stats. 1939, Ch. 60. )

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    The State Fire Marshal must notify certain industrial establishments and property owners about needed changes to fire-protective equipment, and must provide available help to convert that equipment to standard requirements.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Standard Equipment [13025 - 13029] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 13027. The State Fire Marshal shall notify industrial establishments and property owners having equipment for fire protective purposes of the changes necessary to bring their equipment into conformity with, and shall render them such assistance as may be available in converting their equipment to, standard requirements. (Enacted by Stats. 1939, Ch. 60.)
  82. 13028.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Standard Equipment [13025 - 13029] ( Article 1 enacted by Stats. 1939, Ch. 60. )

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    A person may not sell or offer for sale certain fire-protection equipment with threaded parts unless it uses the standard thread for fire hose couplings and hydrant fittings.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Standard Equipment [13025 - 13029] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 13028. Any person who sells or offers for sale any fire hose, hydrant, fire engine or other equipment with threaded parts, for fire protective purposes, unless it is fitted and equipped with the standard thread for fire hose couplings and hydrant fittings is guilty of a misdemeanor, punishable by a fine of not less than one hundred dollars ($100) nor more than four hundred dollars ($400), or by imprisonment in the county jail for not less than five or more than 30 days, or by both. (Amended by Stats. 1983, Ch. 1092, Sec. 160. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  83. 13029.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Standard Equipment [13025 - 13029] ( Article 1 enacted by Stats. 1939, Ch. 60. )

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    Sellers of firefighter personal protective equipment must give purchasers a written PFAS notice at the time of sale when the equipment contains intentionally added PFAS.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. Standard Equipment [13025 - 13029] ( Article 1 enacted by Stats. 1939, Ch. 60. ) ## 13029. (a) For purposes of this section, the following definitions apply: (1) “Firefighter personal protective equipment” means personal protective equipment covered by the general industry safety orders in Sections 3403 to 3411, inclusive, of Title 8 of the California Code of Regulations. (2) “Manufacturer” means a person that manufactures, imports, or distributes domestically firefighter personal protective equipment. (3) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. (4) “Person” has the same meaning as defined in Section 19 and includes a public entity. (5) “Public entity” has the same meaning specified in Section 13050.1. (b) (1) Commencing January 1, 2022, any person, including a manufacturer, that sells firefighter personal protective equipment to any person shall provide a written notice to the purchaser at the time of sale if the firefighter personal protective equipment contains intentionally added PFAS chemicals. The written notice shall include a statement that the firefighter personal protective equipment contains PFAS chemicals and the reason that PFAS chemicals are added to the equipment. (2) The person selling firefighter personal protective equipment and the purchaser of the equipment shall retain a copy of the written notice on file for at least three years from the date of the transaction. Within 60 days of a request by the Attorney General, a city attorney, a county counsel, or a district attorney, the seller or purchaser of firefighter personal protective equipment shall furnish to the requesting entity the written notice, or a copy of the written notice, and associated sales documentation. (c) The Attorney General, a city attorney, a county counsel, or a district attorney may request from a manufacturer, and a manufacturer shall provide, a certificate of compliance that certifies that the manufacturer is in compliance with subdivision (b) for that manufacturer’s firefighter personal protective equipment. (d) (1) Except as provided in paragraph (2), and upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney, a person that violates subdivision (b) or (c) shall be liable for a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation. (2) An individual firefighter shall not be personally liable for payment of the civil penalty imposed pursuant to paragraph (1). (3) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law. The remedies provided in this section are cumulative with any other remedies available under any other law. (Added by Stats. 2020, Ch. 308, Sec. 1. (SB 1044) Effective January 1, 2021.)
  84. 130290.

    ## Health and Safety Code - HSC ## DIVISION 109.7. California Health and Human Services Data Exchange Framework [130290 - 130291] ( Division 109.7 added by Stats. 2021, Ch. 143, Sec. 340. )

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    This section creates the California Health and Human Services Data Exchange Framework and requires listed health care organizations to sign the agreement and exchange health information on a set timetable.

    ## Health and Safety Code - HSC ## DIVISION 109.7. California Health and Human Services Data Exchange Framework [130290 - 130291] ( Division 109.7 added by Stats. 2021, Ch. 143, Sec. 340. ) ## 130290. (a) On or before July 1, 2022, and subject to an appropriation in the annual Budget Act, the California Health and Human Services Agency, along with its departments and offices and in consultation with stakeholders and local partners, shall establish the California Health and Human Services Data Exchange Framework that shall include a single data sharing agreement and common set of policies and procedures that will leverage and advance national standards for information exchange and data content, and that will govern and require the exchange of health information among health care entities and government agencies in California. On or before January 1, 2026, the Department of Health Care Access and Information shall take over the establishment, implementation, and all of the functions related to the California Health and Human Services Data Exchange Framework, including the data sharing agreement and policies and procedures, from the California Health and Human Services Agency. (1) The California Health and Human Services Data Exchange Framework is not intended to be an information technology system or single repository of data, rather it is technology agnostic and is a collection of organizations that are required to share health information using a common set of policies and procedures in order to improve the health outcomes of the individuals they serve. (2) The California Health and Human Services Data Exchange Framework will be designed to enable and require real-time access to, or exchange of, health information among participants through any health information exchange network, health information organization, or technology that adheres to specified standards and policies. (3) The California Health and Human Services Data Exchange Framework shall align with state and federal data requirements, including the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191), the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code), Sections 827, 10850, and 14100.2 of the Welfare and Institutions Code, and other applicable state and federal privacy laws related to the sharing of data among and between providers, payers, and the government, while also streamlining and reducing reporting burden. (4) For the purposes of this section, “health information” means: (A) For hospitals, skilled nursing facilities, clinical laboratories, and physician organizations and medical groups, all electronic health information as defined under federal regulation in Section 171.102 of Title 45 of the Code of Federal Regulations and held by the entity. The information pursuant to this subparagraph shall be at a minimum the information included in Section 171.102 of Title 45 of the Code of Federal Regulations as of April 15, 2025. In accordance with the California Health and Human Services Data Exchange Framework data sharing agreement and policies and procedures, a signatory to the data sharing agreement is not required to share information that is not maintained by the entity. (B) For health insurers and health care service plans, at a minimum, the data required to be shared under the federal Centers for Medicare and Medicaid Services Interoperability and Patient Access regulations for public programs as contained in United States Department of Health and Human Services final rule CMS-9115-F, 85 FR 25510 as of April 15, 2025. (b) (1) On or before January 31, 2024, and except as provided in paragraphs (2) to (5), inclusive, the entities listed in subdivision (f) shall exchange health information or provide access to health information to and from every other entity in subdivision (f) in real time as specified by the department pursuant to the California Health and Human Services Data Exchange Framework data sharing agreement for treatment, payment, or health care operations, except that the health care organizations in subparagraph (C) of paragraph (2) of subdivision (f) and paragraph (7) of subdivision (f) shall exchange or provide access to health information by July 1, 2026. (2) The requirement in paragraph (1) shall not apply to physician practices of fewer than 25 physicians, rehabilitation hospitals, long-term acute care hospitals, acute psychiatric hospitals, critical access hospitals, and rural general acute care hospitals with fewer than 100 acute care beds, and any nonprofit clinic with fewer than 10 health care providers until January 31, 2026. (3) The requirement in paragraph (1) shall not apply to facilities described in subdivision (a) of Section 1180.2 until January 31, 2029. (4) The requirement in paragraph (1) shall not apply to the exchange of health information related to abortion, abortion-related services, gender-affirming care, immigration or citizenship status, or place of birth. (5) The requirement in paragraph (1) shall not apply to health care organizations described in subparagraph (D) of paragraph (2) of subdivision (f) until July 1, 2027. (c) The California Health and Human Services Agency shall convene a stakeholder advisory group no later than September 1, 2021, to advise on the development, implementation, and administration of the California Health and Human Services Data Exchange Framework. On or before January 1, 2026, the department shall take over the responsibilities of the stakeholder advisory group. (1) The members of the stakeholder advisory group shall be appointed by the director and shall not have a financial interest, individually or through a family member, related to issues the stakeholder advisory group will advise on. The stakeholder advisory group may consider and vote on recommendations for updates to the data sharing agreement and its policies and procedures that the department may, but is not obligated to, enact. (2) The director shall appoint to the stakeholder advisory group representatives from health care stakeholders and experts with representation of the following groups: (A) State departments and other state entities, including signatories of the California Data Exchange Framework data sharing agreement that shall serve as ex officio nonvoting members. (B) Health care service plans and health insurers. (C) Physicians, including those with small practices. (D) Hospitals, including public, private, rural, and critical access hospitals. (E) Clinics, long-term care facilities, behavioral health facilities, or substance use disorder facilities. (F) Consumers. (G) Organized labor. (H) Privacy and security professionals. (I) Health information technology professionals. (J) Community health information organizations. (K) County health, social services, and public health. (L) Community-based organizations providing social services. (M) Skilled nursing facilities. (N) Physician organizations and medical groups. (O) Management services organizations. (3) The stakeholder advisory group shall not exceed 17 voting members and shall maintain a balance of perspectives with not more than 50 percent of voting members who are signatories of the data sharing agreement. (4) The director shall select a chair from amongst the members. (5) The stakeholder advisory group shall provide information and advice to the department on health and social services information technology issues, including all of the following: (A) Identify which data beyond health information as defined in paragraph (4) of subdivision (a), at minimum, should be shared for specified purposes between the entities outlined in this subdivision and subdivision (f). (B) Identify gaps, and propose solutions to gaps, in the life cycle of health information, including gaps in any of the following: (i) Health information creation, including the use of national standards in clinical documentation, health plan records, and social services data. (ii) Translation, mapping, controlled vocabularies, coding, and data classification. (iii) Storage, maintenance, and management of health information. (iv) Linking, sharing, exchanging, and providing access to health information. (C) Identify ways to incorporate data related to social determinants of health, such as housing and food insecurity, into shared health information. (D) Identify ways to incorporate data related to underserved or underrepresented populations, including, but not limited to, data regarding sexual orientation and gender identity, language, race, and ethnicity. (E) Identify ways to incorporate relevant data on behavioral health, developmental disabilities, and substance use disorder conditions. (F) Address the privacy, security, and equity risks of expanding care coordination, health information exchange, access, and telehealth in a dynamic technological, and entrepreneurial environment, where data and network security are under constant threat of attack. (G) Develop policies and procedures consistent with national standards and federally adopted standards in the exchange of health and social services information, including matters of meaningful and informed consent, privacy, confidentiality, identity management, liability and security, and ensure that health and social services information sharing broadly implements national frameworks and agreements. (H) Develop definitions of complete clinical, administrative, and claims data consistent with federal policies and national standards. (I) Identify how all payers will be required to provide enrollees with electronic access to their health information, consistent with rules applicable to federal payer programs. (J) Assess governance structures to help guide policy decisions and general oversight. (K) Identify federal, state, private, and philanthropic sources of funding that can support health and social services information exchange. (6) On or before January 1, 2027, the stakeholder advisory group shall develop recommendations in consultation with signatories, consumer advocates, and racial equity experts for statutory changes, training and technical assistance, and best practices to require the entities listed in subdivision (f) to collect individual-level demographic and health-related social needs data about Californians served. (7) The stakeholder advisory group shall hold public meetings with stakeholders, solicit input, and set its own meeting agendas. Meetings of the stakeholder advisory group are subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (8) The members of the stakeholder advisory group shall serve without compensation, but shall be reimbursed for any actual and necessary expenses incurred in connection with their duties as members of the group. (d) No later than April 1, 2022, the California Health and Human Services Agency shall submit an update, including written recommendations, to the Legislature based on input from the stakeholder advisory group on the issues identified in paragraph (5) of subdivision (c). (e) On or before January 31, 2023, the California Health and Human Services Agency shall work with the California State Association of Counties to encourage the inclusion of county health, public health, and social services, to the extent possible, as part of the California Health and Human Services Data Exchange Framework in order to assist both public and private entities to connect through uniform standards and policies. It is the intent of the Legislature that all state and local public health agencies will exchange electronic health information in real time with participating health care entities to protect and improve the health and well-being of Californians. (f) On or before January 31, 2023, and in alignment with existing federal standards and policies, the following health care organizations shall execute the California Health and Human Services Data Exchange Framework data sharing agreement pursuant to subdivision (a), except that the health care organizations in subparagraph (C) of paragraph (2) and paragraph (7) shall execute the data sharing agreement by July 1, 2026, and health care organizations in subparagraph (D) of paragraph (2) shall execute the data sharing agreement by July 1, 2027: (1) General acute care hospitals, as defined by Section 1250. (2) Physician organizations and medical groups, which include any of the following: (A) A medical group practice, a professional medical corporation, a medical partnership, or any lawfully organized group of physicians and surgeons that provides, delivers, furnishes, or otherwise arranges for health care services. (B) An independent practice association, to the extent that it maintains electronic health information on behalf of their participating physicians. (C) A medical foundation exempt from licensure pursuant to subdivision (l) of Section 1206. (D) A community clinic licensed under subdivision (a) of Section 1204, an intermittent clinic exempt from licensure under subdivision (h) of Section 1206, or a rural health clinic, as defined in paragraph (1) of subdivision (l) of Section 1396d of Title 42 of the United States Code. (E) A specialty clinic, as described in paragraphs (1) to (3), inclusive, of subdivision (b) of Section 1204. (F) An ambulatory surgical center or accredited outpatient setting. (3) Skilled nursing facilities, as defined by Section 1250, that currently maintain electronic health records. (4) Health care service plans and disability insurers that provide hospital, medical, or surgical coverage that are regulated by the Department of Managed Health Care or the Department of Insurance. This section shall also apply to a Medi-Cal managed care plan under a comprehensive risk contract with the State Department of Health Care Services pursuant to Chapter 7 (commencing with Section 14000) or Chapter 8 (commencing with Section 14200) of Part 3 of Division 9 of the Welfare and Institutions Code that is not regulated by the Department of Managed Health Care or the Department of Insurance. (5) Clinical laboratories, as that term is used in Section 1265 of the Business and Professions Code, and that are regulated by the State Department of Public Health. (6) Acute psychiatric hospitals, as defined by Section 1250. (7) Emergency medical services, as defined by Section 1797.72. (g) Commencing July 1, 2026, unless already required by an existing contract requirement, including any existing contract requirement that extends to subcontractors and delegates, compliance with subdivision (f) shall be required as a condition of continuing, amending, or entering into a new or existing contract for the coverage of or provision of health care services with the Department of Health Care Services, the Public Employees’ Retirement System, and the California Health Benefit Exchange. This subdivision shall not be construed to prevent any future contract requirement that extends this provision to subcontractors and delegates. (h) The department shall work with experienced nonprofit organizations and entities represented in the stakeholder advisory group in subdivision (c) to provide technical assistance to the entities outlined in subdivisions (e) and (f). (i) On or before July 31, 2022, the California Health and Human Services Agency shall develop in consultation with the stakeholder advisory group in subdivision (c) a strategy for unique, secure digital identities capable of supporting master person indices to be implemented by both private and public organizations in California. (j) For purposes of implementing this section, including, but not limited to, hiring staff and consultants, facilitating and conducting meetings, conducting research and analysis, and developing the required reports, the department may enter into exclusive or nonexclusive contracts on a bid or negotiated basis. Contracts entered into or amended pursuant to this section shall be exempt from Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, Section 19130 of the Government Code, and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and shall be exempt from the review or approval of any division of the Department of General Services. A person hired or otherwise retained pursuant to this subdivision shall not be permitted to have any financial interest in the California Health and Human Services Data Exchange Framework or shall be, or shall not be affiliated with, any health care organization required to participate in the California Health and Human Services Data Exchange Framework pursuant to subdivisions (b) and (f). The term “person,” as used in this subdivision, means any individual, partnership, joint venture, association, corporation, or any other organization or any combination thereof. (k) (1) The department shall administer, manage, oversee, and enforce the California Health and Human Services Data Exchange Framework and its data sharing agreement, including its related policies and procedures, governance, and all other materials or initiatives related to the California Health and Human Services Data Exchange Framework. The department shall propose and publish updates to the framework and new policies and procedures of the framework that are necessary to advance the goals of this section. There shall be at least a forty-five-calendar-day public review period to review updates to the framework and new policies and procedures. The department shall publish approved updates in a publicly accessible format 180 calendar days before the effective date of the amendment, except when a shorter time period is necessary to comply with applicable law. (2) Commencing January 1, 2027, the department shall publish and keep current on its internet website the names of any known entities the department deems not to be in compliance with the requirement to execute the California Health and Human Services Data Exchange Framework data sharing agreement pursuant to subdivision (f). Entities may submit to the department a statement of extenuating circumstances which may impact an entity’s ability to come into compliance. The department shall publish these statements on its internet website. The department may submit information regarding compliance with the requirement in subdivision (f) to relevant state licensing entities. (3) Upon appropriation and after submission of the report described in paragraph (4), the department may develop enforcement actions subject to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (4) In collaboration with the stakeholder advisory group, the department shall develop and submit a report to the Legislature by July 1, 2027, in compliance with Section 9795 of the Government Code that includes all of the following: (A) A list of all entities in paragraphs (1), (3), and (4) of subdivision (f) deemed to be required signatories to the California Health and Human Services Data Exchange Framework data sharing agreement per subdivision (f). (B) The status of each entity’s execution of the data sharing agreement. (C) The compliance pathway or pathways utilized to meet its contractual requirements under the data sharing agreement, and, where applicable, if the signatory has a contract in place pursuant to subdivision (g). (D) An evaluation as to the need for an independent governing board for the California Health and Human Services Data Exchange Framework. (E) An evaluation of the need for technical assistance and other grant programs to support signatories’ legal requirements under the data sharing requirement. (F) An evaluation of other categories of entities for participation in the California Health and Human Services Data Exchange Framework. (G) An evaluation of the need for a framework for enforcement and investigation and resolution of disputes between California Health and Human Services Data Exchange Framework participants regarding the data sharing agreement and its policies and procedures. (H) An assessment of consumer experiences with health and social services information exchange. (l) Except where otherwise indicated in this section, all actions to implement the California Health and Human Services Data Exchange Framework, including the adoption or development of any data sharing agreement, requirements, policies and procedures, guidelines, subgrantee contract provisions, or reporting requirements, shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The department shall release program notices that detail the requirements of the California Health and Human Services Data Exchange Framework. (m) For purposes of this section, both of the following definitions shall apply: (1) “Department” means the Department of Health Care Access and Information. (2) “Director” means the Director of the Department of Health Care Access and Information. (Amended by Stats. 2026, Ch. 27, Sec. 55. (SB 164) Effective June 29, 2026.)
  85. 130291.

    ## Health and Safety Code - HSC ## DIVISION 109.7. California Health and Human Services Data Exchange Framework [130290 - 130291] ( Division 109.7 added by Stats. 2021, Ch. 143, Sec. 340. )

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    The department must establish a process to designate qualified health information organizations by July 1, 2026. Health and social service organizations may use the data exchange framework by participating in and sharing information with one of those organizations.

    ## Health and Safety Code - HSC ## DIVISION 109.7. California Health and Human Services Data Exchange Framework [130290 - 130291] ( Division 109.7 added by Stats. 2021, Ch. 143, Sec. 340. ) ## 130291. (a) No later than July 1, 2026, the department shall establish a process to designate qualified health information organizations as data-sharing intermediaries that have demonstrated their ability to meet requirements of the California Health and Human Services Data Exchange Framework. Health and social service organizations may comply with the data exchange framework by participating in and sharing information with a qualified health information organization. (b) For purposes of this section, “qualified health information organization” means an entity that has applied for, and satisfied, the process and criteria described in subdivision (a). (Added by Stats. 2025, Ch. 325, Sec. 2. (SB 660) Effective January 1, 2026.)
  86. 130300.

    ## Health and Safety Code - HSC ## DIVISION 110. California Initiative to Advance Precision Medicine [130300 - 130304] ( Division 110 added by Stats. 2024, Ch. 41, Sec. 54. )

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    This section states legislative findings supporting California’s initiative to advance precision medicine.

    ## Health and Safety Code - HSC ## DIVISION 110. California Initiative to Advance Precision Medicine [130300 - 130304] ( Division 110 added by Stats. 2024, Ch. 41, Sec. 54. ) ## 130300. The Legislature finds and declares all of the following: (a) Over the past three decades, the United States has been a leader in biological research and medicine that describes fundamental biological structures and processes in unprecedented detail and that has led to breakthroughs in therapies and treatments. Advances in information technology and computing have also furthered our ability to gather important data to better understand disease functions. However, we are now at a point where our capacity to collect information has outpaced our capacity to integrate and analyze it and to convert data to new knowledge. (b) According to a 2011 report from the National Academy of Sciences, entitled “Toward Precision Medicine: Building a Knowledge Network for Biomedical Research and a New Taxonomy of Disease,” the aggregation, integration, and analysis of data from research, clinical, personal, and population health settings are critical to creating a new knowledge network that will enable us to deliver more precise medicine, whether by targeting existing therapies more safely and effectively to patients, or by developing new therapies based on new insights into disease. Precision medicine, which embodies efforts to create this new knowledge network through data infrastructure, technology tools, and diagnostics, holds promise to transform health, health care, and biomedical research. (c) Precision medicine, particularly in the form of better diagnostic tools for infectious disease, has the potential to alleviate the burdens of pandemics through early detection, faster response, and better countermeasures. (d) California, with its vast scientific, medical, and technological resources, is positioned to lead advances in the field of precision medicine, which is gaining both national and international prominence. By establishing a California Initiative to Advance Precision Medicine, the state can help coordinate public, private, and nonprofit partners to advance this important intersection between science, research, and medicine, and to foster the creation of new technologies and therapies that can improve the health of Californians. A California Initiative to Advance Precision Medicine will bring together state precision medicine leaders as well as complete projects that demonstrate the power and application of precision medicine to the people of the State of California. (Added by Stats. 2024, Ch. 41, Sec. 54. (SB 164) Effective June 29, 2024. Repealed as of June 30, 2029, pursuant to Sec. 130304.)
  87. 130301.

    ## Health and Safety Code - HSC ## DIVISION 110. California Initiative to Advance Precision Medicine [130300 - 130304] ( Division 110 added by Stats. 2024, Ch. 41, Sec. 54. )

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    This section defines “California Initiative to Advance Precision Medicine” or “initiative” as the initiative established in Section 130302.

    ## Health and Safety Code - HSC ## DIVISION 110. California Initiative to Advance Precision Medicine [130300 - 130304] ( Division 110 added by Stats. 2024, Ch. 41, Sec. 54. ) ## 130301. As used in this division, “California Initiative to Advance Precision Medicine” or “initiative” means the California Initiative to Advance Precision Medicine established in Section 130302. (Added by Stats. 2024, Ch. 41, Sec. 54. (SB 164) Effective June 29, 2024. Repealed as of June 30, 2029, pursuant to Sec. 130304.)
  88. 130302.

    ## Health and Safety Code - HSC ## DIVISION 110. California Initiative to Advance Precision Medicine [130300 - 130304] ( Division 110 added by Stats. 2024, Ch. 41, Sec. 54. )

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    This section creates a California precision medicine initiative and directs the California Health and Human Services Agency to run projects, set guidelines, report to the Legislature, and manage funding rules.

    ## Health and Safety Code - HSC ## DIVISION 110. California Initiative to Advance Precision Medicine [130300 - 130304] ( Division 110 added by Stats. 2024, Ch. 41, Sec. 54. ) ## 130302. (a) The California Initiative to Advance Precision Medicine is hereby established in the California Health and Human Services Agency. In establishing the initiative, the California Health and Human Services Agency shall incorporate agreements and partnerships regarding precision medicine entered into prior to January 1, 2016. (b) (1) The California Health and Human Services Agency shall develop, implement, and evaluate demonstration or nondemonstration projects on precision medicine in collaboration with public, nonprofit, and private entities. A demonstration project may focus on one or more disease areas or a subset of a population, and an award of funds under any appropriation of funds to the office for precision medicine may be based on criteria that include, but are not limited to, the following: (A) The potential for tangible benefit to patients within two to five years, including the likelihood that the study will have an immediate impact on patients. (B) The prospects of preventing or alleviating the impact of a pandemic through pathways including, but not limited to, tracking of emerging pathogens, early infectious disease outbreak detection, rapid outbreak response, and transmission reduction. (C) The depth and breadth of data available in the disease focus areas across institutions. (D) The prospects for efficient and effective data integration and analysis. (E) The expertise of potential team members. (F) The resources available for the project outside of the initiative, including the potential for leveraging nonstate funding. (G) The clinical and commercial potential of the project. (H) The potential to reduce health disparities. (I) The potential to scale and leverage multiple electronic health records systems. (J) The potential to develop the use of tools, measurements, and data, including publicly generated and available data. (2) A demonstration project that is selected by the California Health and Human Services Agency shall advance greater understanding in at least one of the following areas, or in another area that is determined by the California Health and Human Services Agency to be necessary to advance precision medicine: (A) The application of precision medicine to specific disease areas. (B) The feasibility of the technology in preventing, mitigating, or monitoring pandemics or other large-scale disease outbreaks. (C) The challenges of system interoperability. (D) Economic analysis. (E) Standards for sharing data or protocols across institutions. (F) The federal and state regulatory environment. (G) The clinical environment. (H) Challenges relating to data, tools, and infrastructure. (I) The protection of privacy and personal health information. (J) The potential for reducing health disparities. (K) Methods and protocols for patient engagement. (3) The California Health and Human Services Agency shall develop concrete metrics and goals for demonstration projects, monitor their progress, and comprehensively evaluate projects upon completion. (4) (A) The California Health and Human Services Agency shall annually submit a report to the Legislature that provides an update of the demonstration projects selected. Upon completion of a demonstration project, the California Health and Human Services Agency shall submit an evaluation of the demonstration project to the Legislature. A demonstration project is deemed complete when it has completed the agreed upon tasks and deliverables, and the project funding has been completed. (B) A written report made pursuant to subparagraph (A) shall be made in compliance with Section 9795 of the Government Code. (c) The California Health and Human Services Agency shall develop an inventory of precision medicine assets, including projects, data sets, and experts. In developing the inventory, the California Health and Human Services Agency shall assemble knowledge across broad disease areas. The California Health and Human Services Agency shall use the inventory to inform strategic areas for the future development of precision medicine-related projects. (d) The California Health and Human Services Agency may enter into agreements with public entities, or with nonprofit or not-for-profit organizations for the purpose of jointly administering the programs established under the initiative or to administer any provision of this section. (e) The California Health and Human Services Agency shall create and post on a publicly available internet website guidelines for an award of funds made under any appropriation of funds to the California Health and Human Services Agency for precision medicine. The guidelines shall include, but are not limited to, the following: (1) Eligibility requirements. (2) A competitive, merit-based application process that allows public and private academic and nonprofit institutions to submit proposals as principal investigators. (3) A comprehensive peer-reviewed selection process. (4) Requirements regarding the use of awarded funds. (5) Requirements regarding the use and sharing of research data and findings. (6) Requirements for the protection of privacy and personal health information. (f) The California Health and Human Services Agency shall solicit public, nonprofit, and private sector input for any additional guidelines for an award of funds made pursuant to this section. (g) The California Health and Human Services Agency shall establish standards that require a grant to be subject to an intellectual property agreement that balances the opportunity of the state to benefit from the patents, royalties, and licenses that result from basic research, therapy development, and clinical trials against the need to ensure that the agreement does not unreasonably hinder essential medical research. (h) (1) The California Health and Human Services Agency may receive nonstate funds in furtherance of the initiative. “In furtherance of the initiative” means that funds may be used to award additional demonstration projects under the same terms and conditions as state funds in the initiative, held in reserve for follow-on funding of any awardees, or used to fund other nondemonstration project activities in a proportion no greater than 20 percent of the total of nonstate funds received over the term of the commitment. (2) The California Health and Human Services Agency may work with external stakeholders to receive nonstate funds that enable the initiative to develop new demonstration projects that look to prevent or mitigate future infectious disease outbreaks and pandemics. (i) Up to 30 percent of any amount appropriated for precision medicine may be held by the California Health and Human Services Agency until an equivalent amount of nonstate matching funds is identified and received. Amounts subject to nonstate match may be released in increments as determined by the California Health and Human Services Agency. (j) Up to 10 percent of any amount appropriated to the California Health and Human Services Agency for precision medicine for demonstration projects may be used by the California Health and Human Services Agency for administrative costs. (k) The California Health and Human Services Agency shall recruit a precision medicine expert selection committee to represent various precision medicine-related skills, such as bioinformatics, statistics, health economics, patient engagement, and genomics. The Legislature may make nominations for the selection committee to the California Health and Human Services Agency for consideration. (l) Members of the selection committee shall be deemed to not be interested in any contract, including any award of funds by the committee, pursuant to this section. (m) Prior to the selection committee’s deliberative process, the California Health and Human Services Agency shall notify the Legislature of the selection of the committee members. (n) The selection committee established in subdivision (k) shall comply with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), except during the deliberative process as it relates to reviewing and ranking proposals and making final selections. (o) The selection committee shall report on the justification for selecting the demonstration projects that are awarded funding and provide a list of the demonstration projects that were not selected. This report shall be posted on the internet website created in subdivision (e). (p) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the California Health and Human Services Agency may implement or interpret this division without taking any regulatory action. (Added by Stats. 2024, Ch. 41, Sec. 54. (SB 164) Effective June 29, 2024. Repealed as of June 30, 2029, pursuant to Sec. 130304.)
  89. 130303.

    ## Health and Safety Code - HSC ## DIVISION 110. California Initiative to Advance Precision Medicine [130300 - 130304] ( Division 110 added by Stats. 2024, Ch. 41, Sec. 54. )

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    The office is intended to make awards for demonstration projects in California, with priority for public and private nonprofit entities.

    ## Health and Safety Code - HSC ## DIVISION 110. California Initiative to Advance Precision Medicine [130300 - 130304] ( Division 110 added by Stats. 2024, Ch. 41, Sec. 54. ) ## 130303. It is the intent of the Legislature that the office make awards in compliance with the following: (a) The awards are made to demonstration projects in California. (b) The awards are prioritized for public and private nonprofit entities. (c) The awards include, but are not limited to, awards to public institutions in both northern and southern California. (Added by Stats. 2024, Ch. 41, Sec. 54. (SB 164) Effective June 29, 2024. Repealed as of June 30, 2029, pursuant to Sec. 130304.)
  90. 130304.

    ## Health and Safety Code - HSC ## DIVISION 110. California Initiative to Advance Precision Medicine [130300 - 130304] ( Division 110 added by Stats. 2024, Ch. 41, Sec. 54. )

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    Division 110 remains in effect only until June 30, 2029, and is repealed on that date.

    ## Health and Safety Code - HSC ## DIVISION 110. California Initiative to Advance Precision Medicine [130300 - 130304] ( Division 110 added by Stats. 2024, Ch. 41, Sec. 54. ) ## 130304. This division shall remain in effect only until June 30, 2029, and as of that date is repealed. (Added by Stats. 2024, Ch. 41, Sec. 54. (SB 164) Effective June 29, 2024. Repealed as of June 30, 2029, by its own provisions. Note: Repeal affects Division 110, commencing with Section 130300.)
  91. 130400.

    ## Health and Safety Code - HSC ## DIVISION 111. GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM [130400 - 130410] ( Division 111 added by Stats. 2001, Ch. 693, Sec. 2. )

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    This section names the Golden Bear State Pharmacy Assistance Program and defines key terms used in the division.

    ## Health and Safety Code - HSC ## DIVISION 111. GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM [130400 - 130410] ( Division 111 added by Stats. 2001, Ch. 693, Sec. 2. ) ## 130400. (a) This division shall be known, and may be cited as, the Golden Bear State Pharmacy Assistance Program. (b) As used in this division: (1) “Department” means the State Department of Health Services. (2) “Fund” means the Golden Bear State Pharmacy Assistance Program Rebate Fund. (3) “Medicare beneficiary” means a Medicare beneficiary who is a California resident. (Amended by Stats. 2002, Ch. 542, Sec. 3. Effective January 1, 2003.)
  92. 130401.

    ## Health and Safety Code - HSC ## DIVISION 111. GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM [130400 - 130410] ( Division 111 added by Stats. 2001, Ch. 693, Sec. 2. )

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    Medicare beneficiaries may join the program, but they must register once and pay an administrative fee. The department must inform beneficiaries about the program, and outreach materials cannot show a likeness of an elected state official.

    ## Health and Safety Code - HSC ## DIVISION 111. GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM [130400 - 130410] ( Division 111 added by Stats. 2001, Ch. 693, Sec. 2. ) ## 130401. (a) In addition to participating in the program provided for under Article 24 (commencing with Section 4425) of Chapter 9 of Division 2 of the Business and Professions Code, any Medicare beneficiary may participate in the program provided for under this division. (b) The department shall conduct an outreach program to inform Medicare beneficiaries of their right to participate in this program. Medicare beneficiaries shall be informed of the method by which the prescription drug discount is determined and that the discount shall periodically fluctuate. No outreach material shall contain a likeness of an elected state official. (c) In order to participate in the program provided for under this division, a Medicare beneficiary shall be required to register on a one-time basis. Registration may be made at any pharmacy participating in this program. In order to register for the program, the Medicare beneficiary shall pay to the pharmacy an administrative fee, which the pharmacy shall retain, in an amount to be established by the department. Upon payment of this fee, the pharmacy shall issue a program registration card, which shall be prepared and provided to the pharmacy by the department, to the Medicare beneficiary. (Amended by Stats. 2002, Ch. 542, Sec. 4. Effective January 1, 2003.)
  93. 130401.1.

    ## Health and Safety Code - HSC ## DIVISION 111. GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM [130400 - 130410] ( Division 111 added by Stats. 2001, Ch. 693, Sec. 2. )

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    The department may accept gifts, bequests, or donations of outreach services or materials to inform eligible Medicare beneficiaries, and certain state approval laws do not apply; donated advertisements are also exempt from a specified Government Code article.

    ## Health and Safety Code - HSC ## DIVISION 111. GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM [130400 - 130410] ( Division 111 added by Stats. 2001, Ch. 693, Sec. 2. ) ## 130401.1. (a) The department may accept on behalf of the state any gift, bequest, or donation of outreach services or materials to inform eligible Medicare beneficiaries of their right to participate in this program. Neither Section 11005 of the Government Code nor any other law requiring approval by a state officer of a gift, bequest, or donation shall apply to these gifts, bequests, or donations. For purposes of this section, outreach services may include, but not be limited to, coordinating and implementing outreach efforts and plans, and outreach materials may include, but not be limited to, brochures, pamphlets, fliers, posters, advertisements, and other promotional items. (b) An advertisement provided as a gift, bequest, or donation pursuant to this section shall be exempt from the provisions of Article 5 (commencing with Section 11080) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2002, Ch. 542, Sec. 5. Effective January 1, 2003.)
  94. 130402.

    ## Health and Safety Code - HSC ## DIVISION 111. GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM [130400 - 130410] ( Division 111 added by Stats. 2001, Ch. 693, Sec. 2. )

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    Pharmacies and drug manufacturers may participate in this pharmacy assistance program; it applies only to prescriptions dispensed to noninstitutionalized Medicare beneficiaries.

    ## Health and Safety Code - HSC ## DIVISION 111. GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM [130400 - 130410] ( Division 111 added by Stats. 2001, Ch. 693, Sec. 2. ) ## 130402. (a) Any pharmacy may participate in the program provided for under this division. However, this division shall apply only to prescriptions dispensed to noninstitutionalized Medicare beneficiaries. (b) Any drug manufacturer may participate in the program provided for under this division. (Added by Stats. 2001, Ch. 693, Sec. 2. Effective January 1, 2002.)
  95. 130403.

    ## Health and Safety Code - HSC ## DIVISION 111. GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM [130400 - 130410] ( Division 111 added by Stats. 2001, Ch. 693, Sec. 2. )

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    The department must try to negotiate drug rebates and a separate admin fee for pharmacy claim reimbursements; if it cannot get enough manufacturers to agree, it may stop implementing or operating this division.

    ## Health and Safety Code - HSC ## DIVISION 111. GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM [130400 - 130410] ( Division 111 added by Stats. 2001, Ch. 693, Sec. 2. ) ## 130403. (a) The department shall attempt to negotiate rebate amounts with drug manufacturers for all prescription drugs purchased by Medicare beneficiaries. As part of these agreements, the department shall negotiate a separate fee in an amount required to administer each pharmacy claim reimbursement submitted to the department pursuant to Section 130405. (b) If the department determines that it is unable to negotiate rebates with a sufficient number of drug manufacturers, it may cease to continue the implementation or operation of this division. (Amended by Stats. 2002, Ch. 542, Sec. 6. Effective January 1, 2003.)
  96. 130404.

    ## Health and Safety Code - HSC ## DIVISION 111. GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM [130400 - 130410] ( Division 111 added by Stats. 2001, Ch. 693, Sec. 2. )

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    A participating pharmacy must charge Medicare beneficiaries no more than the computed price for certain rebate-eligible prescription drugs, and the department must provide the price electronically on request.

    ## Health and Safety Code - HSC ## DIVISION 111. GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM [130400 - 130410] ( Division 111 added by Stats. 2001, Ch. 693, Sec. 2. ) ## 130404. (a) With respect to any prescription drug for which a rebate amount has been negotiated pursuant to Section 130403, upon presentation of a program registration card issued pursuant to Section 130401, a participating pharmacy shall charge Medicare beneficiaries a price for a prescription drug that does not exceed the following computed price: (1) The Medi-Cal reimbursement rate for the prescription drug, and an amount, as set by the department, to cover electronic transmission charges. (2) The amount ascertained pursuant to paragraph (1) shall be reduced by the rebate amount negotiated by the department pursuant to Section 130403. (b) The pharmacy shall request, and the department shall provide, through electronic means, the price to be charged pursuant to this section. (c) This division shall not apply to any prescription that is covered by insurance. (Amended by Stats. 2002, Ch. 542, Sec. 7. Effective January 1, 2003.)
  97. 130405.

    ## Health and Safety Code - HSC ## DIVISION 111. GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM [130400 - 130410] ( Division 111 added by Stats. 2001, Ch. 693, Sec. 2. )

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    When a pharmacy provides a prescription drug under Section 130404, the pharmacy must bill the department for the amount calculated under Section 130404, and the department must pay that amount.

    ## Health and Safety Code - HSC ## DIVISION 111. GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM [130400 - 130410] ( Division 111 added by Stats. 2001, Ch. 693, Sec. 2. ) ## 130405. Whenever a pharmacy provides a prescription drug to an individual pursuant to Section 130404, the pharmacy shall bill the department for the amount computed pursuant to paragraph (2) of subdivision (a) of Section 130404 and the department shall pay that amount. (Added by Stats. 2001, Ch. 693, Sec. 2. Effective January 1, 2002.)
  98. 130406.

    ## Health and Safety Code - HSC ## DIVISION 111. GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM [130400 - 130410] ( Division 111 added by Stats. 2001, Ch. 693, Sec. 2. )

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    The department may collect rebates from drug manufacturers, must notify manufacturers when rebates are paid, and manufacturers must pay any notified rebate amount that exceeds what the department collected.

    ## Health and Safety Code - HSC ## DIVISION 111. GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM [130400 - 130410] ( Division 111 added by Stats. 2001, Ch. 693, Sec. 2. ) ## 130406. (a) The department may collect prospective rebates from drug manufacturers for payment to pharmacies pursuant to Section 130405. (b) The department shall notify a drug manufacturer of all instances in which it has paid a rebate amount pursuant to Section 130405 with respect to one of the manufacturer’s drugs. (c) A drug manufacturer shall pay the department the amount of any rebate of which the drug manufacturer is notified pursuant to subdivision (b) that exceeds the amount collected by the department pursuant to subdivision (a). (Amended by Stats. 2002, Ch. 542, Sec. 8. Effective January 1, 2003.)
  99. 130406.5.

    ## Health and Safety Code - HSC ## DIVISION 111. GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM [130400 - 130410] ( Division 111 added by Stats. 2001, Ch. 693, Sec. 2. )

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    The department may create and support a system linking Medicare beneficiaries to private drug discount programs, and beneficiaries may choose to provide eligibility information.

    ## Health and Safety Code - HSC ## DIVISION 111. GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM [130400 - 130410] ( Division 111 added by Stats. 2001, Ch. 693, Sec. 2. ) ## 130406.5. (a) As part of the program provided in this division, the department may establish a system to provide a Medicare beneficiary access to a drug discount program operated by a drug manufacturer that would provide greater prescription drug discounts than are otherwise available through the program provided in this division. The program registration card issued pursuant to Section 130401 shall serve as the single point of entry to the private drug discount programs of participating manufacturers. (b) To establish the system described in subdivision (a), the department may negotiate a contract with a drug manufacturer that operates a prescription drug discount program. To assist in these negotiations, the department may contract with a public or private entity. (c) (1) A Medicare beneficiary shall not in any circumstance be required to participate in, or to disclose information that would determine his or her eligibility to participate in, these private drug discount programs in order to participate in the program provided in this division. (2) Notwithstanding paragraph (1), a Medicare beneficiary may voluntarily disclose or provide information that may be necessary to determine eligibility for participation in a private drug discount program. (Added by Stats. 2002, Ch. 542, Sec. 9. Effective January 1, 2003.)
  100. 130407.

    ## Health and Safety Code - HSC ## DIVISION 111. GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM [130400 - 130410] ( Division 111 added by Stats. 2001, Ch. 693, Sec. 2. )

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    The department must deposit certain payments into a rebate fund, and that fund may be used only for rebates and administering the division.

    ## Health and Safety Code - HSC ## DIVISION 111. GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM [130400 - 130410] ( Division 111 added by Stats. 2001, Ch. 693, Sec. 2. ) ## 130407. (a) The department shall deposit all payments received pursuant to Sections 130406 and 130410 into the Golden Bear State Pharmacy Assistance Program Rebate Fund, which is hereby created in the State Treasury. (b) Notwithstanding Section 13340 of the Government Code, the fund is hereby continuously appropriated to the department without regard to fiscal years for the purpose of paying rebates pursuant to Section 130405 and for defraying the costs of administering this division. Notwithstanding any other law, no money in the fund is available for expenditure for any other purpose or for loaning or transferring to any other fund, including the General Fund. (Amended by Stats. 2002, Ch. 542, Sec. 10. Effective January 1, 2003.)
  101. 130407.5.

    ## Health and Safety Code - HSC ## DIVISION 111. GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM [130400 - 130410] ( Division 111 added by Stats. 2001, Ch. 693, Sec. 2. )

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    The department must repay the General Fund a $1,000,000 loan.

    ## Health and Safety Code - HSC ## DIVISION 111. GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM [130400 - 130410] ( Division 111 added by Stats. 2001, Ch. 693, Sec. 2. ) ## 130407.5. The department shall repay the General Fund the loan in the amount of one million dollars ($1,000,000), which was appropriated to the department for startup costs associated with the program provided in this division. (Added by Stats. 2002, Ch. 542, Sec. 11. Effective January 1, 2003.)
  102. 130408.

    ## Health and Safety Code - HSC ## DIVISION 111. GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM [130400 - 130410] ( Division 111 added by Stats. 2001, Ch. 693, Sec. 2. )

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    The department must create a fraud-prevention program for this division and adopt regulations for excluding participants based on violations of that program.

    ## Health and Safety Code - HSC ## DIVISION 111. GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM [130400 - 130410] ( Division 111 added by Stats. 2001, Ch. 693, Sec. 2. ) ## 130408. The department shall develop a program to prevent the occurrence of fraud under this division. An individual or entity that violates any provision of the fraud prevention program may be precluded from participating in the Golden Bear State Pharmacy Assistance Program. The department shall adopt regulations setting forth a procedure for precluding participation in the program on this basis. (Amended by Stats. 2002, Ch. 542, Sec. 12. Effective January 1, 2003.)
  103. 130409.

    ## Health and Safety Code - HSC ## DIVISION 111. GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM [130400 - 130410] ( Division 111 added by Stats. 2001, Ch. 693, Sec. 2. )

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    The department may hire staff and use contracts to run the program, but only under stated reimbursement limits. The division cannot be implemented until the director signs and keeps a declaration that federal approvals have been received.

    ## Health and Safety Code - HSC ## DIVISION 111. GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM [130400 - 130410] ( Division 111 added by Stats. 2001, Ch. 693, Sec. 2. ) ## 130409. The department may hire any staff needed for the implementation of this division. The department may also use the contract with the Medi-Cal fiscal intermediary or contract with another public or private entity to implement or administer the program and to enroll Medicare beneficiaries who are eligible to participate in the program, to collect rebates, and to pay claims, only if services provided under this program are specifically identified and reimbursed in a manner that does not claim federal financial reimbursement. For purposes of this division, use of the Medi-Cal program fiscal intermediary shall be exempt from Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. This division shall not be implemented unless and until the director executes a declaration, which shall be retained by the director, stating that all federal approvals necessary for implementation of this division have been received. (Amended by Stats. 2002, Ch. 542, Sec. 13. Effective January 1, 2003.)
  104. 130410.

    ## Health and Safety Code - HSC ## DIVISION 111. GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM [130400 - 130410] ( Division 111 added by Stats. 2001, Ch. 693, Sec. 2. )

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    Contracts made for this division’s purposes are exempt from part of the Public Contract Code.

    ## Health and Safety Code - HSC ## DIVISION 111. GOLDEN BEAR STATE PHARMACY ASSISTANCE PROGRAM [130400 - 130410] ( Division 111 added by Stats. 2001, Ch. 693, Sec. 2. ) ## 130410. A contract executed for the purposes of this division is exempt from Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. (Added by Stats. 2002, Ch. 542, Sec. 14. Effective January 1, 2003.)
  105. 1305.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 6. Malpractice Actions [1305 - 1308] ( Article 6 added by Stats. 1973, Ch. 1202. )

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    Certain health-facility insurers and self-insured health facilities must report specified malpractice judgments and settlements, and also report when there were none over the threshold.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 6. Malpractice Actions [1305 - 1308] ( Article 6 added by Stats. 1973, Ch. 1202. ) ## 1305. (a) Every insurer providing professional liability insurance to a health facility licensed pursuant to this chapter and every health facility or associated group of health facilities licensed pursuant to this chapter under common ownership which are self insured shall report periodically, but in no event less than once each year, to the state department any final judgment over three thousand dollars ($3,000) rendered against such health facility during the preceding year in, or any settlement over three thousand dollars ($3,000) during the preceding year of, a claim or action for damages for personal injuries caused by an error, omission, or negligence in the performance of its professional services, or by the performance of its professional services without consent. (b) In the event that there are no final judgments or settlements in excess of three thousand dollars ($3,000) during the year such fact shall also be reported to the department. (Added by Stats. 1973, Ch. 1202.)
  106. 13050.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Use of Fire Equipment [13050 - 13062] ( Article 2 enacted by Stats. 1939, Ch. 60. )

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    A public entity may use its apparatus, equipment, and firefighting force to provide fire protection or firefighting services in another public entity or outside any public entity, with required consent for use in another public entity.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Use of Fire Equipment [13050 - 13062] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 13050. The apparatus, equipment and firefighting force of any public entity may be used for the purpose of providing fire protection or firefighting services: (a) In any other public entity with the consent of the chief administrative officer of the office or department authorized by law to provide fire protection in such other public entity. (b) Outside the limits of any public entity. (Amended by Stats. 1965, Ch. 1203.)
  107. 13050.1.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Use of Fire Equipment [13050 - 13062] ( Article 2 enacted by Stats. 1939, Ch. 60. )

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    This section defines “public entity” to include the state and various local and public bodies in California.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Use of Fire Equipment [13050 - 13062] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 13050.1. “Public entity” includes the state, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the state. (Added by Stats. 1965, Ch. 1203.)
  108. 130500.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 1. General Provisions [130500 - 130502] ( Chapter 1 added by Stats. 2006, Ch. 619, Sec. 2. )

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    This section names the California Discount Prescription Drug Program, sets an operative date, and makes implementation depend on a later appropriation; if that does not happen, the division becomes inoperative and is later repealed unless extended.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 1. General Provisions [130500 - 130502] ( Chapter 1 added by Stats. 2006, Ch. 619, Sec. 2. ) ## 130500. (a) This division shall be known, and may be cited, as the California Discount Prescription Drug Program. (b) This division shall become operative on and after July 1, 2010. (c) The California Discount Prescription Drug Program shall be implemented only if, and to the extent that, a Budget Act or other statute that is enacted on or before February 1, 2015, includes or makes an appropriation of moneys to the department to implement this program. (d) Notwithstanding any other provision of this division, if the California Discount Prescription Drug Program is not implemented pursuant to subdivision (c), this division shall become inoperative on February 1, 2015, and as of January 1, 2016, is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends the dates on which it becomes inoperative and is repealed. (Amended by Stats. 2010, Ch. 717, Sec. 22. (SB 853) Effective October 19, 2010. Repealed conditionally on January 1, 2016, by its own provisions. Note: Control provisions in this section relate to operation, implementation, and termination of Division 112, comprising Sections 130500 to 130544.)
  109. 130501.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 1. General Provisions [130500 - 130502] ( Chapter 1 added by Stats. 2006, Ch. 619, Sec. 2. )

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    This section defines key terms for the California Discount Prescription Drug Program and sets eligibility conditions for an “Eligible Californian.”

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 1. General Provisions [130500 - 130502] ( Chapter 1 added by Stats. 2006, Ch. 619, Sec. 2. ) ## 130501. For purposes of this division, the following definitions shall apply: (a) “Average manufacturer’s price” has the same meaning as this term is defined in Section 1927(k)(1) of the federal Social Security Act (42 U.S.C. Sec. 1396r-8(k)(1)). (b) “Department” means the State Department of Health Care Services. (c) “Eligible Californian” means a resident of the state who meets any one or more of the following: (1) Has total unreimbursed medical expenses equal to at least 10 percent of his or her family’s income where the family’s income does not exceed the state median family income. (2) To the extent allowed by federal law, is enrolled in the Medicare Program, but whose prescription drugs are not covered by the Medicare Program. (3) Has a family income that does not exceed 300 percent of the federal poverty guidelines and who does not have outpatient prescription drug coverage paid for by any one of the following: (A) In whole by the Medi-Cal program. (B) In whole or in part by the Healthy Families Program or other programs funded by the state. (C) In whole or in part by another third-party payer, provided that the individual has not reached the annual limit on his or her prescription drug coverage. (4) For purposes of this subdivision, the cost of drugs provided under this division is considered an expense incurred by the family for eligibility determination purposes. (d) “Fund” means the California Discount Prescription Drug Program Fund. (e) “Manufacturer” means a drug manufacturer as defined in Section 4033 of the Business and Professions Code. (f) “Manufacturer’s rebate” means the rebate for an individual drug or aggregate rebate for a group of drugs necessary to make the price for the drug ingredients equal to or less than the applicable benchmark price. (g) “Medicaid best price” has the same meaning as this term is defined in Section 1927(c)(1)(C) of the Social Security Act (42 U.S.C. Sec. 1396r-8(c)(1)(C)). (h) “Multiple-source drug” has the same meaning as this term is defined in Section 1927(k)(7) of the Social Security Act (42 U.S.C. Sec. 1396r-8(k)(7)). (i) “National drug code” or “NDC” means the unique 10-digit, three-segment number assigned to each drug product listed under Section 510 of the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360). This number identifies the labeler or vendor, product, and trade package. (j) “National sales data” means prescription data obtained from a national-level prescription tracking service. (k) “Participating manufacturer” means a drug manufacturer that has contracted with the department to provide an individual drug or group of drugs for the program. (l) “Participating pharmacy” means a pharmacy that has executed a pharmacy provider agreement with the department for this program. (m) “Pharmacy contract rate” means the negotiated per prescription reimbursement rate for drugs dispensed to eligible Californians. The department shall establish a single, basic pharmacy rate, but may contract at different rates with pharmacies in order to provide access throughout the state. (n) “Prescription drug” means any drug that bears the legend: “Caution: federal law prohibits dispensing without prescription,” “℞ only,” or words of similar import. (o) “Private discount drug program” means a prescription drug discount card or manufacturer patient assistance program that provides discounted or free drugs to eligible individuals. For the purposes of this division, a private discount drug program is not considered insurance or a third-party-payer program. (p) “Program” means the California Discount Prescription Drug Program. (q) “Single-source drug” has the same meaning as this term and the term innovator multiple-source drug are defined in Section 1927(k)(7) of the Social Security Act (42 U.S.C. Sec. 1396r-8(k)(7)). (r) “Therapeutic category” means a drug or a grouping of drugs determined by the department to have similar attributes and to be alternatives for the treatment of a specific disease or condition. (s) “Volume weighted average discount” means the aggregated average discount for the drugs of a manufacturer, weighted by each drug’s percentage of the total prescription volume of that manufacturer’s drugs. For purposes of this calculation, discounts shall include any rebate amounts used to fund program costs pursuant to Section 130542.1. Drugs excluded from contracting by the department, pursuant to subdivision (d) of Section 130506 and in a manner consistent with subdivision (c) of Section 130506, shall be excluded from the calculation of the volume weighted average discount. National sales data shall be used to calculate the volume weighted average discount pursuant to Section 130506. Program utilization data shall be used to calculate the volume weighted average discount pursuant to Section 130507. (Amended by Stats. 2009, Ch. 140, Sec. 123. (AB 1164) Effective January 1, 2010. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
  110. 130502.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 1. General Provisions [130500 - 130502] ( Chapter 1 added by Stats. 2006, Ch. 619, Sec. 2. )

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    This section establishes the California Discount Prescription Drug Program within the department.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 1. General Provisions [130500 - 130502] ( Chapter 1 added by Stats. 2006, Ch. 619, Sec. 2. ) ## 130502. The California Discount Prescription Drug Program is hereby established within the department. (Added by Stats. 2006, Ch. 619, Sec. 2. Effective January 1, 2007. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
  111. 130505.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 2. Prescription Drug Discounts [130505 - 130513] ( Chapter 2 added by Stats. 2006, Ch. 619, Sec. 2. )

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    The program sets how much an eligible Californian pays for a drug, using the lower of the pharmacy’s usual charge or contract rate, minus any program discount.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 2. Prescription Drug Discounts [130505 - 130513] ( Chapter 2 added by Stats. 2006, Ch. 619, Sec. 2. ) ## 130505. (a) The amount a participating, eligible Californian pays for a drug through the program shall be equal to the lower of the participating pharmacy’s usual and customary charge or the pharmacy contract rate pursuant to subdivision (c), less a program discount for the specific drug or an average discount for a group of drugs or all drugs covered by the program. (b) In determining program discounts on individual drugs, the department shall take into account the rebates provided by the drug’s manufacturer. (c) The department may contract with participating pharmacies for a rate other than the pharmacies’ usual and customary rate for prescription drugs, including multiple-source drugs. (d) This division shall apply only to prescription drugs dispensed to eligible Californians on an outpatient basis. (Added by Stats. 2006, Ch. 619, Sec. 2. Effective January 1, 2007. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
  112. 130506.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 2. Prescription Drug Discounts [130505 - 130513] ( Chapter 2 added by Stats. 2006, Ch. 619, Sec. 2. )

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    The department must negotiate drug discount agreements and may require manufacturer information, while certain pricing information is confidential and pharmacies and manufacturers may participate in the program.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 2. Prescription Drug Discounts [130505 - 130513] ( Chapter 2 added by Stats. 2006, Ch. 619, Sec. 2. ) ## 130506. (a) The department shall negotiate drug discount agreements with manufacturers to provide discounts for single-source and multiple-source prescription drugs through the program. The department shall attempt to negotiate the maximum possible discount for an eligible Californian. The department shall attempt to negotiate, with each manufacturer, discounts to offer single-source prescription drugs under the program at a volume weighted average discount that is equal to or below any one of the following benchmark prices: (1) Eighty-five percent of the average manufacturer price for a drug, as published by the federal Centers for Medicare and Medicaid Services. (2) The lowest price provided to any nonpublic entity in the state by a manufacturer to the extent that the Medicaid best price exists under federal law. (3) The Medicaid best price, to the extent that this price exists under federal law. (b) The department may require the drug manufacturer to provide information that is reasonably necessary for the department to carry out its duties pursuant to this division. (c) The department shall pursue manufacturer discount agreements to ensure that the number and type of drugs available through the program is sufficient to give an eligible Californian a formulary comparable to the Medi-Cal list of contract drugs, or if this information is available to the department, a formulary that is comparable to that provided to CalPERS enrollees. (d) To obtain the most favorable discounts, the department may limit the number of drugs available through the program. (e) The drug discount agreements negotiated pursuant to this section shall be used to reduce the cost of drugs purchased by program participants and to fund program costs pursuant to Section 130542.1. (f) All information reported by a manufacturer to, negotiations with, and agreements executed with, the department or its third-party vendor pursuant to this section, shall be considered confidential and corporate proprietary information. This information shall not be subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). The California State Auditor’s Office and the Controller shall have access to pricing information in a manner that is consistent with their access to this information under the Medi-Cal program and under law. The California State Auditor’s Office and the Controller may use this information only to investigate or audit the administration of the program. Neither the California State Auditor’s Office, the Controller, nor the department may disclose this information in a form that identifies a specific manufacturer or wholesaler or prices charged for drugs of this manufacturer or wholesaler. Information provided to the department pursuant to subdivision (e) of Section 130530 shall not be affected by the confidentiality protections established by this subdivision. (g) (1) Any pharmacy licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code may participate in the program. (2) Any manufacturer may participate in the program. (Amended by Stats. 2021, Ch. 615, Sec. 295. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  113. 130507.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 2. Prescription Drug Discounts [130505 - 130513] ( Chapter 2 added by Stats. 2006, Ch. 619, Sec. 2. )

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    The department must decide on August 1, 2017 whether manufacturer participation in the program meets specified benchmarks, and then review program outcomes at least yearly starting that date.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 2. Prescription Drug Discounts [130505 - 130513] ( Chapter 2 added by Stats. 2006, Ch. 619, Sec. 2. ) ## 130507. (a) On August 1, 2017, the department shall determine whether manufacturer participation in the program has been sufficient to meet both of the following benchmarks: (1) The number and type of drugs available through the program are sufficient to give eligible Californians a formulary comparable to the Medi-Cal list of contract drugs or, if this information is available to the department, a formulary comparable to that provided to CalPERS enrollees. (2) The volume weighted average discount of single-source prescription drugs offered pursuant to this program is equal to or below any one of the benchmark prices described in subdivision (a) of Section 130506. (b) On and after August 1, 2017, the department shall reassess program outcomes, at least once every year, consistent with the benchmarks described in subdivision (a). (Amended by Stats. 2010, Ch. 717, Sec. 23. (SB 853) Effective October 19, 2010. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
  114. 130508.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 2. Prescription Drug Discounts [130505 - 130513] ( Chapter 2 added by Stats. 2006, Ch. 619, Sec. 2. )

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    The department must make enrollment and other administrative actions as seamless as possible for eligible Californians.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 2. Prescription Drug Discounts [130505 - 130513] ( Chapter 2 added by Stats. 2006, Ch. 619, Sec. 2. ) ## 130508. To the maximum extent possible, the department shall assure that enrollment and other administrative actions are seamless to all eligible Californians. (Added by Stats. 2006, Ch. 619, Sec. 2. Effective January 1, 2007. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
  115. 130509.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 2. Prescription Drug Discounts [130505 - 130513] ( Chapter 2 added by Stats. 2006, Ch. 619, Sec. 2. )

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    The department may require prior authorization for certain Medi-Cal drugs if the manufacturer does not meet the discount conditions and doing so does not increase program costs.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 2. Prescription Drug Discounts [130505 - 130513] ( Chapter 2 added by Stats. 2006, Ch. 619, Sec. 2. ) ## 130509. (a) The department may require prior authorization in the Medi-Cal program for any drug of a manufacturer if the manufacturer fails to agree to a volume weighted average discount for single-source prescription drugs that is equal to or below any one of the benchmark prices described in subdivision (a) of Section 130506 and only to the extent that this requirement does not increase costs to the Medi-Cal program, as determined pursuant to subdivision (c). (b) If prior authorization is required for a drug pursuant to this section, a Medi-Cal beneficiary shall not be denied the continued use of a drug that is part of a prescribed therapy until that drug is no longer prescribed for that beneficiary’s therapy. The department shall approve or deny requests for prior authorization necessitated by this section as required by state or federal law. (c) The department, in consultation with the Department of Finance, shall determine the fiscal impact of placing a drug on prior authorization pursuant to this section. In making this determination, the department shall consider all of the following: (1) The net cost of the drug, including any rebates that would be lost if the drug is placed on prior authorization. (2) The projected volume of purchases of the drug, before and after the drug is placed on prior authorization, considering the continuity of care provisions set forth in subdivision (b). (3) The net cost of comparable drugs to which volume would be shifted if a drug is placed on prior authorization, including any additional rebates that would be received. (4) The projected volume of purchases of comparable drugs, before and after the drug is placed on prior authorization. (5) Any other factors determined by the department to be relevant to a determination of the fiscal impact of placing a drug on prior authorization. (d) This section shall be implemented only to the extent permitted under federal law, and in a manner consistent with state and federal laws. (e) This section may apply to any manufacturer that has not negotiated with the department. (f) The department shall notify the Speaker of the Assembly and the President pro Tempore of the Senate that the department is requiring prior authorization no later than five days after making this requirement. (g) (1) Subject to paragraph (2), this section shall be implemented on and after August 1, 2017. (2) This section shall be implemented only if the department determines that participation by manufacturers has been insufficient to meet both of the benchmarks identified in Section 130507. (Amended by Stats. 2010, Ch. 717, Sec. 24. (SB 853) Effective October 19, 2010. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
  116. 13051.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Use of Fire Equipment [13050 - 13062] ( Article 2 enacted by Stats. 1939, Ch. 60. )

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    The reasonable value of using firefighting apparatus and equipment, repairs and depreciation, and other reasonably incurred firefighting expenses may be charged to the public entity receiving the services.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Use of Fire Equipment [13050 - 13062] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 13051. The reasonable value of the use of, and repairs and depreciation on, apparatus and equipment, and other expenses reasonably incurred in furnishing firefighting services, may constitute a charge against the public entity in which the firefighting services are furnished. (Amended by Stats. 1965, Ch. 1203.)
  117. 130510.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 2. Prescription Drug Discounts [130505 - 130513] ( Chapter 2 added by Stats. 2006, Ch. 619, Sec. 2. )

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    The department must make certain manufacturer names public and post them on its website under this program.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 2. Prescription Drug Discounts [130505 - 130513] ( Chapter 2 added by Stats. 2006, Ch. 619, Sec. 2. ) ## 130510. The names of manufacturers of single-source drugs that do or do not enter into discount agreements with the department pursuant to this division shall be public information and shall be posted on the department’s Internet Web site when the discount agreements are reached or the manufacturer ends negotiations, commencing within six months after the initial implementation date of this division and updated on the first of each month thereafter. (Added by Stats. 2006, Ch. 619, Sec. 2. Effective January 1, 2007. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
  118. 130511.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 2. Prescription Drug Discounts [130505 - 130513] ( Chapter 2 added by Stats. 2006, Ch. 619, Sec. 2. )

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    Drug discount agreements must list covered drugs, allow the department to remove disputed drugs, and allow manufacturer audits; single-source manufacturers must pay rebates, provide documentation, and pay interest on late rebates at 10 percent.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 2. Prescription Drug Discounts [130505 - 130513] ( Chapter 2 added by Stats. 2006, Ch. 619, Sec. 2. ) ## 130511. (a) Each drug discount agreement shall do all of the following: (1) Specify which of the manufacturer’s drugs are included in the agreement. (2) Permit the department to remove a drug from the agreement if there is a dispute over the drug’s utilization. (3) Permit a manufacturer to audit claims for the drugs the manufacturer provides under the program. Claims information provided to manufacturers shall comply with all federal and state privacy laws that protect a program participant’s health information. (b) In addition to the requirements of subdivision (a), each drug discount agreement with a single-source manufacturer shall do all of the following: (1) Require the manufacturer to make a rebate payment to the department for each drug described in paragraph (1) of subdivision (a) dispensed to a program participant. (2) Require the manufacturer to make the rebate payments to the department on at least a quarterly basis. (3) Require the manufacturer to provide, upon request, documentation to validate the rebate. (c) The department may collect prospective rebates from single-source manufacturers for payment to pharmacies. The amount of the prospective discount shall be specified in the drug rebate agreements. (d) (1) Manufacturers shall calculate and pay interest on late or unpaid rebates. The interest shall not apply to any prior period adjustments of unit rebate amounts or department utilization adjustments. (2) For rebate payments to the program, manufacturers shall calculate and pay interest on late or unpaid rebates for quarters that begin on or after January 1, 2007. (e) Interest required by subdivision (d) shall begin accruing 38 calendar days from the date of mailing of the invoice, including supporting utilization data sent to the manufacturer. Interest shall continue to accrue until the date of mailing of the manufacturer’s payment. Interest rates and calculations for purposes of this section shall be at 10 percent. (f) A participating manufacturer shall clearly identify all rebates, interest, and other payments, and payment transmittal forms for the program, in a manner designated by the department. (Added by Stats. 2006, Ch. 619, Sec. 2. Effective January 1, 2007. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
  119. 130512.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 2. Prescription Drug Discounts [130505 - 130513] ( Chapter 2 added by Stats. 2006, Ch. 619, Sec. 2. )

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    The department must produce monthly and annual reports for the prescription drug program and post all reports on its website.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 2. Prescription Drug Discounts [130505 - 130513] ( Chapter 2 added by Stats. 2006, Ch. 619, Sec. 2. ) ## 130512. (a) The department shall generate a monthly report that, at a minimum, provides all of the following: (1) Drug utilization information. (2) Amounts paid to pharmacies. (3) Program discounts compared to the usual customary price. (4) Aggregate amounts of rebates collected from manufacturers. (5) A summary of the problems or complaints reported regarding the program. (b) Information provided in paragraphs (1), (2), and (3) of subdivision (a) shall be at the national drug code level. (c) The department shall generate an annual report that, in addition to the information described in subdivision (a), reports on the number of all of the following: (1) Individuals enrolled. (2) Individuals receiving a prescription under the program. (3) Participating pharmacies. (4) Participating manufacturers. (d) All reports shall be made available on the department’s Internet Web site. (Added by Stats. 2006, Ch. 619, Sec. 2. Effective January 1, 2007. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
  120. 130513.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 2. Prescription Drug Discounts [130505 - 130513] ( Chapter 2 added by Stats. 2006, Ch. 619, Sec. 2. )

    Verify source ↗

    The department must run a claims processing system, pay participating pharmacies within two weeks after a claim is received, and create a way for program participants to report problems or complaints.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 2. Prescription Drug Discounts [130505 - 130513] ( Chapter 2 added by Stats. 2006, Ch. 619, Sec. 2. ) ## 130513. (a) The department shall establish and maintain a claims processing system that complies with all of the following requirements: (1) Charges a price that meets the requirements of this division. (2) Provides the pharmacy with the dollar amount of the discount to be returned to the pharmacy. (3) Provides drug utilization review warnings to pharmacies consistent with the drug utilization review standards provided in federal law. (b) The department shall pay a participating pharmacy the discount provided to program participants pursuant to this division by a date that is not later than two weeks after the claim is received. (c) The department shall develop a mechanism for the program participants to report problems or complaints. (Added by Stats. 2006, Ch. 619, Sec. 2. Effective January 1, 2007. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
  121. 13052.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Use of Fire Equipment [13050 - 13062] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A public entity providing the service may present a claim to the public entity responsible for paying it; if approved, the claim must be paid like other charges, and unpaid claims may be collected by action. Claims against the state must be presented to the Department of General Services.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Use of Fire Equipment [13050 - 13062] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 13052. (a) The public entity rendering the service may present a claim to the public entity liable therefor. If the claim is approved by the head of the fire department, if any, in the public entity to which the claim is presented, and by its governing body, it shall be paid in the same manner as other charges and if the claim is not paid, an action may be brought for its collection. (b) Notwithstanding any other provision of this section, any claims against the state shall be presented to the Department of General Services in accordance with Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code. (Amended by Stats. 2016, Ch. 31, Sec. 162. (SB 836) Effective June 27, 2016.)
  122. 13052.5.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Use of Fire Equipment [13050 - 13062] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A county fire protection district board may contract with a contiguous city for fire protection services, and a city council may also make such a contract. City fire fighting forces or departments keep the same liability privileges and immunities when providing fire protection outside the city under a contract with the district.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Use of Fire Equipment [13050 - 13062] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 13052.5. The governing board of any county fire protection district may contract with any city contiguous to the district for the furnishing of fire protection to the district by such city, and the legislative body of any city may contract for the furnishing of fire protection to the district in such manner and to such extent as the legislative body may deem advisable. All of the privileges and immunities from liability which surround the activities of any city fire fighting force or department when performing its functions within the territorial limits of the city shall apply to the activities of any city fire fighting force or department while furnishing fire protection outside the city under any contract with a county fire protection district pursuant to this section. (Added by Stats. 1953, Ch. 48.)
  123. 130520.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 3. Application, Enrollment, and Outreach [130520 - 130521] ( Chapter 3 added by Stats. 2006, Ch. 619, Sec. 2. )

    Verify source ↗

    The department must create application forms, set required application contents and a $10 annual fee, and process eligibility and enrollment within specified time limits.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 3. Application, Enrollment, and Outreach [130520 - 130521] ( Chapter 3 added by Stats. 2006, Ch. 619, Sec. 2. ) ## 130520. (a) The department shall develop an application and reapplication form for the determination of a resident’s eligibility for the program. An applicant, or a guardian or custodian of an applicant, may apply or reapply on behalf of the applicant and the applicant’s spouse and children. (b) The application shall, at a minimum, do all of the following: (1) Specify the information that an applicant or the applicant’s representative must include in the application. (2) Require that the applicant, or the applicant’s guardian or custodian, attest that the information provided in the application is accurate to the best knowledge and belief of the applicant or the applicant’s guardian or custodian. (3) Specify that the application fee due upon submission of the applicable form is ten dollars ($10) annually. (c) In assessing the income requirement for eligibility, the department shall use the income information reported on the application and not require additional documentation. (d) An application may be completed at any pharmacy, physician office, or clinic participating in the program through an Internet Web site or call center staffed by trained operators approved by the department. A pharmacy, physician’s office, clinic, or nonprofit community organization that completes the application may keep the application fee as reimbursement for its processing costs. If it is determined that the applicant is already enrolled in the program, the fee shall be returned to the applicant and the applicant shall be informed of his or her current status as a program participant. (e) The department shall utilize a secure electronic application process that can be used by a pharmacy, physician’s office, or clinic, by an Internet Web site, by a call center staffed by trained operators, by a nonprofit community organization, or through the third-party vendor to enroll applicants in the program. (f) During the department’s normal working hours, the department shall make a determination of eligibility within 24 hours of receipt by the program of a completed application. The department shall mail the program participant an identification card no later than seven days after eligibility has been determined. (g) For applications submitted through a pharmacy, the department may issue a participant identification number for eligible applicants to the pharmacy for immediate access to the California Discount Prescription Drug Program. (h) Any program participant that has been determined to be eligible shall be enrolled for 12 months or until the program participant notifies the department of an intent to end enrollment. (i) The department shall notify a program participant of termination of enrollment 30 days prior to the termination. (j) A person shall be required to apply pursuant to this section for each 12-month period of eligibility. (Added by Stats. 2006, Ch. 619, Sec. 2. Effective January 1, 2007. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
  124. 130521.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 3. Application, Enrollment, and Outreach [130520 - 130521] ( Chapter 3 added by Stats. 2006, Ch. 619, Sec. 2. )

    Verify source ↗

    The department may run outreach for the program, must coordinate that outreach with specified state and local agencies and nonprofits, and outreach materials may not show a drug name, a drug likeness, or the sponsoring organization’s name.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 3. Application, Enrollment, and Outreach [130520 - 130521] ( Chapter 3 added by Stats. 2006, Ch. 619, Sec. 2. ) ## 130521. (a) The department may conduct an outreach program to inform California residents of their opportunity to participate in the program. The department shall coordinate outreach activities with the California Department of Aging, the Employment Development Department, and other state and local agencies, and nonprofit organizations that serve residents who may be eligible for the program. No outreach material shall contain the name or likeness of a drug. (b) The department may accept on behalf of the state any gift, bequest, or donation of outreach services or materials to inform residents about the program. The name of the organization sponsoring the materials shall in no way appear on the material but shall be reported to the public and the Legislature as otherwise provided by law. (Added by Stats. 2006, Ch. 619, Sec. 2. Effective January 1, 2007. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
  125. 13053.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Use of Fire Equipment [13050 - 13062] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    County firefighting personnel, equipment, and facilities may be authorized to help extinguish and control a fire when local or federal resources cannot adequately handle it.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Use of Fire Equipment [13050 - 13062] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 13053. Whenever a fire occurs in any county or within the boundaries of any national forest which is of such proportions that it cannot be adequately handled by the forestry department or fire warden of the county or the facilities of the Department of Forestry and Fire Protection or of the United States Forest Service, the personnel, equipment, and firefighting facilities of any county may be authorized by the state forest ranger within the county or the county forester or fire warden of the county to assist in its extinguishment and control. (Amended by Stats. 1992, Ch. 427, Sec. 93. Effective January 1, 1993.)
  126. 130530.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 4. Pharmaceutical Manufacturer Patient Assistance Programs [130530- 130530.] ( Chapter 4 added by Stats. 2006, Ch. 619, Sec. 2. )

    Verify source ↗

    The department must encourage manufacturers to keep and simplify drug discount programs, may set up agreements for single-point eligibility and claims processing, must build a system for the best available discounts, and may not require applicants to join manufacturer assistance programs to enroll.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 4. Pharmaceutical Manufacturer Patient Assistance Programs [130530- 130530.] ( Chapter 4 added by Stats. 2006, Ch. 619, Sec. 2. ) ## 130530. (a) The department shall encourage a participating manufacturer to maintain those private discount drug programs that are comparable to or more extensive than those provided prior to the enactment of this division. To the extent possible, the department shall encourage a participating manufacturer to simplify the application and eligibility processes for its private discount drug program. (b) The department may execute agreements with drug manufacturers and other private patient assistance programs to provide a single point of entry for eligibility determination and claims processing for drugs available through those programs to the extent permitted by state and federal law. (c) The department shall develop a system to provide a program participant under this division with the best discounts on prescription drugs that are available to the participant through this program or through a drug manufacturer or other private patient assistance program. (d) (1) The department may require an applicant to provide additional information to determine the applicant’s eligibility for other discount card and patient assistance programs. (2) The department shall not require an applicant to participate in a drug manufacturer patient assistance program or to disclose information that would determine the applicant’s eligibility to participate in a drug manufacturer patient assistance program in order to participate in the California Discount Prescription Drug Program. (e) In order to verify that California residents are being served by drug manufacturer patient assistance programs, the department shall require drug manufacturers to provide the department annually with all of the following information: (1) The total value of the manufacturer’s drugs provided at no or very low cost to California residents during the previous year. (2) The total number of prescriptions or 30-day supplies of the manufacturer’s drugs provided at no or very low cost to California residents during the previous year. (f) The California Discount Prescription Drug Program card issued pursuant to this division shall serve as a single point of entry for drugs available pursuant to subdivision (a), and shall meet all legal requirements for a health benefit card. (Added by Stats. 2006, Ch. 619, Sec. 2. Effective January 1, 2007. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
  127. 13054.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Use of Fire Equipment [13050 - 13062] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    If a county’s fire personnel, equipment, or facilities are used to fight a fire outside that county, the county where the fire occurs must reimburse the assisting county.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Use of Fire Equipment [13050 - 13062] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 13054. Where the personnel, equipment, and facilities of any county are utilized in the extinguishment or control of any fire outside its boundaries, the county furnishing its personnel, equipment, and facilities shall be reimbursed by the county in which the fire occurs in an amount in accordance with a predetermined schedule of repayments agreed upon by the boards of supervisors of the counties, or between the board of supervisors of the county and the Department of Forestry and Fire Protection or the United States Forest Service, as the case may be. (Amended by Stats. 1992, Ch. 427, Sec. 94. Effective January 1, 1993.)
  128. 130540.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 5. Administration [130540 - 130544] ( Chapter 5 added by Stats. 2006, Ch. 619, Sec. 2. )

    Verify source ↗

    Certain contracts and related procurement documents for this program are exempt from specified procurement and budget requirements.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 5. Administration [130540 - 130544] ( Chapter 5 added by Stats. 2006, Ch. 619, Sec. 2. ) ## 130540. (a) Contracts, contract amendments, change orders, change requests, and any project or systems development notices, entered into for purposes of this division, shall be subject to the same exemptions provided for in the Medi-Cal drug program and those provided to the department in paragraph (4) of subdivision (c) of Section 124977. In addition, contracts, contract amendments, change orders, change requests, and any project or systems development notices, entered into for purposes of this division, are specifically exempt from: (1) Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. (2) The competitive bidding requirements of State Administrative Manual Management Memo 03-10. (3) The project authority requirements of State Administrative Manual, Section 4800 et seq. (4) Section 11.00 and Provision 6 of Item 4260-001-0001 of Section 2 of the Budget Act of 2006 and related Budget letters. (b) Contracts with pharmacies and drug manufacturers may be entered into on a bid or nonbid basis. (c) Change orders entered into pursuant to this division shall not require a contract amendment. (d) To the extent that any exemption set forth in this section conflicts with exemptions set forth in paragraph (4) of subdivision (c) of Section 124977, the exemption in this section shall govern over the conflicting provision in Section 124977. (Added by Stats. 2006, Ch. 619, Sec. 2. Effective January 1, 2007. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
  129. 130541.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 5. Administration [130540 - 130544] ( Chapter 5 added by Stats. 2006, Ch. 619, Sec. 2. )

    Verify source ↗

    The department may use vendors or existing payment systems to run the program, may review third-party drug discount agreements, and may cancel contracts not in the state’s or participants’ best interests.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 5. Administration [130540 - 130544] ( Chapter 5 added by Stats. 2006, Ch. 619, Sec. 2. ) ## 130541. To implement the program, the department may contract with a third-party vendor or utilize existing health care service provider enrollment and payment mechanisms, including the Medi-Cal program’s fiscal intermediary. Drug discount agreements negotiated by a third party shall be subject to review by the department. The department may cancel a contract that it finds not in the best interests of the state or program participants. Participating pharmacy contracts entered into pursuant to Section 130505 shall be considered contracts between the participating pharmacy and the department and shall not be associated with, or leveraged against, other third-party agreements. (Added by Stats. 2006, Ch. 619, Sec. 2. Effective January 1, 2007. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
  130. 130542.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 5. Administration [130540 - 130544] ( Chapter 5 added by Stats. 2006, Ch. 619, Sec. 2. )

    Verify source ↗

    The department must deposit program payments into the California Discount Prescription Drug Program Fund, and the fund may be used only for paying participating pharmacies, administering the program, and related interest handling.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 5. Administration [130540 - 130544] ( Chapter 5 added by Stats. 2006, Ch. 619, Sec. 2. ) ## 130542. (a) The department shall deposit all payments the department receives pursuant to this division into the California Discount Prescription Drug Program Fund, which is hereby established in the State Treasury. (b) Notwithstanding Section 13340 of the Government Code, the fund is hereby continuously appropriated to the department without regard to fiscal year for the purpose of providing payment to participating pharmacies pursuant to this division and for defraying the costs of administering this division. (c) Notwithstanding any other provision of law, no money in the fund is available for expenditure for any other purpose or for loaning or transferring to any other fund, including the General Fund, except as provided in Section 130542.1. The fund shall also contain any interest accrued on moneys in the fund. (Amended by Stats. 2008, Ch. 758, Sec. 14. Effective September 30, 2008. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
  131. 130542.1.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 5. Administration [130540 - 130544] ( Chapter 5 added by Stats. 2006, Ch. 619, Sec. 2. )

    Verify source ↗

    The department must give the Legislature a five-year projection of program revenues and expenditures, and it may use up to 25% of manufacturer rebate revenues to administer the program.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 5. Administration [130540 - 130544] ( Chapter 5 added by Stats. 2006, Ch. 619, Sec. 2. ) ## 130542.1. (a) It is the intent of the Legislature that the program shall be self-financing and that General Fund moneys provided to the fund shall be repaid within five years after implementation of the program begins. The department shall provide the Legislature with a five-year projection of program revenues and expenditures as part of its annual budget request. The projection shall include a projected General Fund repayment schedule. (b) The department may use up to 25 percent of manufacturer rebate revenues to administer the program, including the funding of a float account to finance payments to participating pharmacies in advance of the receipt of manufacturer rebates. (Added by Stats. 2008, Ch. 758, Sec. 15. Effective September 30, 2008. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
  132. 130543.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 5. Administration [130540 - 130544] ( Chapter 5 added by Stats. 2006, Ch. 619, Sec. 2. )

    Verify source ↗

    The director may adopt necessary regulations and may use provider bulletins or similar instructions to implement the division, but those bulletins or instructions cannot stay in effect after August 1, 2015.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 5. Administration [130540 - 130544] ( Chapter 5 added by Stats. 2006, Ch. 619, Sec. 2. ) ## 130543. (a) The director may adopt regulations as are necessary to implement and administer this division. (b) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the director may implement this division, in whole or in part, by means of a provider bulletin or other similar instructions, without taking regulatory action, provided that no bulletin or other similar instructions shall remain in effect after August 1, 2015. It is the intent that regulations adopted pursuant to this section shall be adopted on or before August 1, 2015. (Amended by Stats. 2010, Ch. 717, Sec. 25. (SB 853) Effective October 19, 2010. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
  133. 130544.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 5. Administration [130540 - 130544] ( Chapter 5 added by Stats. 2006, Ch. 619, Sec. 2. )

    Verify source ↗

    If part of this division is held invalid, the rest still applies.

    ## Health and Safety Code - HSC ## DIVISION 112. CALIFORNIA DISCOUNT PRESCRIPTION DRUG PROGRAM [130500 - 130544] ( Division 112 added by Stats. 2006, Ch. 619, Sec. 2. ) ## CHAPTER 5. Administration [130540 - 130544] ( Chapter 5 added by Stats. 2006, Ch. 619, Sec. 2. ) ## 130544. If any provision of this division, or the application thereof, is for any reason, held invalid, ineffective, or unconstitutional by a court of competent jurisdiction, the remainder of this division, or the application of this provision, shall not be affected thereby, and to this end the provisions of this division are severable. (Added by Stats. 2006, Ch. 619, Sec. 2. Effective January 1, 2007. Provisions operative and implemented on or after July 1, 2010, as prescribed in Section 130500. Conditionally inoperative on February 1, 2015. Repealed conditionally on January 1, 2016, pursuant to Section 130500.)
  134. 13055.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Use of Fire Equipment [13050 - 13062] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    Certain public agencies authorized to do fire protection work may use fire to abate a fire hazard.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Use of Fire Equipment [13050 - 13062] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 13055. Any public agency authorized to engage in fire protection activities, including but not limited to a fire protection district, city, city and county, or county fire department, the Department of Forestry, and the United States Forest Service, may use fire to abate a fire hazard. (Amended by Stats. 1981, Ch. 714.)
  135. 1306.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 6. Malpractice Actions [1305 - 1308] ( Article 6 added by Stats. 1973, Ch. 1202. )

    Verify source ↗

    An insurer may not settle certain Section 1305 claims or actions for more than $3,000 without the insured’s written consent.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 6. Malpractice Actions [1305 - 1308] ( Article 6 added by Stats. 1973, Ch. 1202. ) ## 1306. Notwithstanding any other provision of law, no insurer shall enter into a settlement exceeding three thousand dollars ($3,000) to settle a claim or action referred to in Section 1305 without the written consent of the insured, except that this prohibition shall not void any settlement entered into without such written consent. The requirement of written consent can only be waived by both the insured and the insurer. The provisions of this section shall only apply to a settlement on a policy of insurance executed or renewed on or after January 1, 1971. (Added by Stats. 1973, Ch. 1202.)
  136. 13060.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Use of Fire Equipment [13050 - 13062] ( Article 2 enacted by Stats. 1939, Ch. 60. )

    Verify source ↗

    A public entity may place blue reflective pavement markers to mark fire hydrants and water supply locations, but not for any other purpose.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Use of Fire Equipment [13050 - 13062] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 13060. Any public entity may place blue reflective pavement markers in any highway, street, or road for marking fire hydrant locations and water supply locations. These blue reflective pavement markers shall not be used for any other purpose. This section shall not apply to freeways or freeway ramps. A public entity shall not place blue reflective pavement markers on a state highway unless it first obtains an encroachment permit from the Department of Transportation. (Added by Stats. 1983, Ch. 570, Sec. 1. Effective August 29, 1983. Operative January 1, 1984, by Sec. 4 of Ch. 570.)
  137. 13061.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Use of Fire Equipment [13050 - 13062] ( Article 2 enacted by Stats. 1939, Ch. 60. )

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    This section restricts class B firefighting foam containing intentionally added PFAS, sets exceptions and temporary exemptions, and requires reporting, recalls, documentation, and penalties.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Use of Fire Equipment [13050 - 13062] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 13061. (a) For purposes of this section, the following definitions apply: (1) “Class B firefighting foam” means foam designed to prevent or extinguish a fire in flammable liquids, combustible liquids, petroleum greases, tars, oils, oil-based paints, solvents, lacquers, alcohols, and flammable gases. (2) “Fixed foam fire suppression system” means an engineered or preengineered total flooding or local application system consisting of a fixed supply of extinguishing agent permanently connected for fixed agent distribution to fixed nozzles that are arranged to discharge an extinguishing agent into an enclosure (total flooding), directly onto a hazard (local application), or a combination of both; or an automatic sprinkler system. (3) “Fuel-in-depth pool” means fuel pooling in an area bounded by contours of land or physical barriers that are at least six inches in height, surround a surface area greater than 500 square meters, and are designed to retain fuel. (4) “Manufacturer” means a person that manufactures, imports, or distributes class B firefighting foam. (5) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. (6) “Person” has the same meaning as defined in Section 19 and includes a public entity. (7) “Public entity” has the same meaning specified in Section 13050.1. (8) “Terminal” means a bulk liquid storage facility exclusively engaged in the merchant wholesale distribution of petroleum products, including liquefied petroleum gas, that contains at least one storage tank containing petroleum products with a surface area of 120 square meters or greater or a facility engaged in the distribution of crude petroleum from extraction or processing facilities, that includes at least one storage tank containing crude petroleum with a surface area of 120 square meters or greater. (b) (1) Except as provided in paragraphs (2) to (6), inclusive, commencing January 1, 2022, a manufacturer of class B firefighting foam shall not manufacture, or knowingly sell, offer for sale, distribute for sale, or distribute for use in this state, and no person shall use in this state, class B firefighting foam containing intentionally added PFAS chemicals. (2) This subdivision does not apply to any manufacture, sale, distribution, or use of class B firefighting foam for which the inclusion of PFAS chemicals is required by federal law, including, but not limited to, Section 139.317 of Title 14 of the Code of Federal Regulations. If a federal requirement to include PFAS chemicals in class B firefighting foam is revoked after January 1, 2021, this subdivision shall not apply for one year after the requirement is revoked. (3) Paragraph (1) does not apply until January 1, 2024, to any part of a facility that does both of the following: (A) Uses a fixed foam fire suppression system for class B fires. (B) Has in place a system designed for 110 percent containment of any expected discharge volume. (4) Paragraph (1) does not apply until January 1, 2028, to any manufacture, sale, or distribution of class B firefighting foam to, or to use by, a person at a terminal or an oil refinery, which may include the use of a fixed foam fire suppression system, for either of the following uses: (A) For use on a storage tank for combustible or flammable liquids with a surface area of 120 square meters or greater. (B) For use for fire suppression on a fuel-in-depth pool. (5) The operator of a terminal or an oil refinery that meets the criteria specified in paragraph (4) shall disclose this information to the State Fire Marshal on or before January 1, 2022. If, after providing this information to the State Fire Marshal, the operator of a terminal or an oil refinery described in paragraph (4) intends to transition a facility to PFAS-free firefighting foam, the operator shall inform the State Fire Marshal no later than 90 days prior to the proposed transition date. (6) (A) A person who operates a terminal or oil refinery may apply to the State Fire Marshal for a waiver to extend the exemption in paragraph (4) beyond January 1, 2028. (B) (i) The State Fire Marshal may grant a waiver under subparagraph (A) for a specific use if the applicant provides all of the following: (I) Clear and convincing evidence that there is no commercially available replacement that does not contain intentionally added PFAS chemicals and that is capable of suppressing fire for that specific use. (II) Information on the amount of firefighting foam containing intentionally added PFAS chemicals stored, used, or released onsite on an annual basis. (III) A detailed plan, with timelines, for the operator of the terminal or oil refinery to transition to firefighting foam that does not contain intentionally added PFAS chemicals for that specific use. (IV) A plan for meeting the requirements of paragraph (8). (ii) The State Fire Marshal shall provide an applicant an opportunity to correct deficiencies in the initial submission in relation to subclauses (II) to (IV), inclusive, of clause (i). (C) The State Fire Marshal shall not grant a waiver under this paragraph for a specific use if any other oil refinery or terminal is known to have transitioned to commercially available class B firefighting foam that does not contain intentionally added PFAS chemicals for that specific use. The applicant may provide evidence as to why this subparagraph is inapplicable, including evidence that the specific use is different. In making a decision on a waiver, the State Fire Marshal shall consider both information provided by the applicant and information provided through public comment. (D) The term of a waiver under this paragraph shall not exceed two years. A waiver may be extended for one additional consecutive term. All waivers shall expire by January 1, 2032. (E) The State Fire Marshal shall ensure there is an opportunity for public comment during the waiver process. (F) An oil refinery or terminal that has received a waiver may provide and use class B firefighting foam containing intentionally added PFAS chemicals in the form of mutual aid to another oil refinery or terminal at the request of authorities only if the other oil refinery or terminal also has a waiver. (G) A person that anticipates applying for a waiver for an oil refinery or terminal shall submit a notice of intent to the State Fire Marshal by July 1, 2025, in order to be considered for a waiver beyond January 1, 2028. (H) The State Fire Marshal shall notify the waiver applicant of a decision within one year of the waiver submission date. (7) A person that uses class B firefighting foam containing intentionally added PFAS chemicals pursuant to paragraph (4) or (6) shall report the use of the foam to the State Fire Marshal within five business days of the use, including the identity of the foam, the quantity used, the total PFAS concentration, the application for which the foam was used, and the duration of the fire. (8) (A) A person that uses class B firefighting foam containing intentionally added PFAS chemicals pursuant to paragraph (4) or (6) shall do all of the following: (i) Allow no release directly to the environment, such as to unsealed ground, soakage pits, waterways, or uncontrolled drains. (ii) Fully contain all releases onsite. (iii) Implement containment measures such as bunds and ponds that are controlled, impervious to PFAS chemicals, and do not allow firewater, wastewater, runoff, and other wastes to be released to the environment, such as to soils, groundwater, waterways, or stormwater. (iv) Dispose of all firewater, wastewater, runoff, and other wastes in a way that prevents releases to the environment. (v) If there is a release to the environment, report the identity of the foam, the quantity used, the total PFAS concentration, and the form of any waste that contains PFAS chemicals that is released into the environment to the State Fire Marshal within five business days of the release. (vi) Document the measures undertaken pursuant to this subparagraph. In investigating compliance with this subparagraph, the Attorney General, a city attorney, a county counsel, or a district attorney may request the documentation. A person that operates an oil refinery or terminal shall provide the documents upon this request. (B) A failure to meet the requirements of subparagraph (A) shall not preclude the use of class B firefighting foam containing intentionally added PFAS chemicals if the failure was a result of factors beyond the control of the person. Such a violation shall be subject to civil penalties pursuant to subdivision (i). (9) The State Fire Marshal shall impose a fee on a person who requests a waiver or waiver extension pursuant to paragraph (6), not to exceed the reasonable costs of administering the waiver or waiver extension provisions. The State Fire Marshal shall impose a fee on a person who submits a report required pursuant to paragraph (7), or clause (v) of subparagraph (A) of paragraph (8), not to exceed the reasonable costs of administering the reporting requirement. (c) On or before July 1, 2021, a manufacturer of class B firefighting foam containing intentionally added PFAS chemicals shall notify, in writing, persons that sell the manufacturer’s products in the state about the provisions of this section. For products sold after July 1, 2021, a manufacturer shall provide that notification on or before December 31, 2021, if the manufacturer has not already provided the notification. (d) A manufacturer that manufactures, sells, or distributes class B firefighting foam containing intentionally added PFAS chemicals subject to paragraph (1) of subdivision (b) after January 1, 2021, shall recall the product by March 1, 2022, and shall reimburse the retailer or any other purchaser for the product. A recall of the product shall include safe transport and storage and documentation of the amount and storage location of the PFAS-containing firefighting foam, until the California Environmental Protection Agency formally identifies a safe disposal technology. The manufacturer shall provide this documentation to the Attorney General, a city attorney, a county counsel, or a district attorney upon request. (e) A manufacturer that manufactures, sells, or distributes class B firefighting foam containing intentionally added PFAS chemicals pursuant to paragraph (3) of subdivision (b) shall recall the product by March 1, 2024. A recall of the product shall include safe transport and storage and documentation of the amount and storage location of the PFAS-containing firefighting foam, until the California Environmental Protection Agency formally identifies a safe disposal technology. The manufacturer shall provide this documentation to the Attorney General, a city attorney, a county counsel, or a district attorney upon request. (f) After the expiration of any applicable exemption or waiver pursuant to paragraph (4) or (6) of subdivision (b), a person that operates a terminal or oil refinery shall safely store any remaining class B firefighting foam containing intentionally added PFAS chemicals until the California Environmental Protection Agency formally identifies a safe disposal technology. Safe storage includes safe transport and documentation of the amount and storage location of the class B firefighting foam containing intentionally added PFAS chemicals. The person shall provide this documentation to the Attorney General, a city attorney, a county counsel, or a district attorney upon request. (g) The Attorney General, a city attorney, a county counsel, or a district attorney may request from a manufacturer, and a manufacturer shall provide, a certificate of compliance that certifies that the manufacturer is in compliance with this section for that manufacturer’s class B firefighting foam containing intentionally added PFAS chemicals. (h) (1) Except as provided in paragraph (2), and upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney, a person that violates subdivision (b), (c), (d), (e), (f), or (g) shall be liable for a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation. (2) An individual firefighter shall not be personally liable for payment of the civil penalty imposed pursuant to paragraph (1). (3) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law. The remedies provided in this section are cumulative with any other remedies available under any other law. (i) The California Environmental Protection Agency’s formal identification of a safe disposal technology for PFAS-containing firefighting foam, pursuant to subdivisions (d), (e), and (f), is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose. (Added by Stats. 2020, Ch. 308, Sec. 2. (SB 1044) Effective January 1, 2021.)
  138. 13062.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Use of Fire Equipment [13050 - 13062] ( Article 2 enacted by Stats. 1939, Ch. 60. )

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    A person may not use or discharge class B firefighting foam with intentionally added PFAS for training purposes starting January 1, 2022.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Fire Equipment [13025 - 13062] ( Chapter 2 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 2. Use of Fire Equipment [13050 - 13062] ( Article 2 enacted by Stats. 1939, Ch. 60. ) ## 13062. (a) Commencing January 1, 2022, a person shall not discharge or otherwise use for training purposes class B firefighting foam that contains intentionally added PFAS chemicals. (b) (1) Except as provided in paragraph (2), and upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney, a person that violates subdivision (a) shall be liable for a civil penalty not to exceed five thousand dollars ($5,000) for a first violation, and not to exceed ten thousand dollars ($10,000) for each subsequent violation. (2) An individual firefighter shall not be personally liable for payment of the civil penalty imposed pursuant to paragraph (1). (c) For purposes of this section, “person” has the same meaning specified in Section 19 and includes a public entity. (d) For purposes of this section, “public entity” has the same meaning specified in Section 13050.1. (e) This section does not impair or impede any other rights, causes of action, claims, or defenses available under any other law. The remedies provided in this section are cumulative with any other remedies available under any other law. (Added by Stats. 2020, Ch. 308, Sec. 3. (SB 1044) Effective January 1, 2021.)
  139. 1307.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 6. Malpractice Actions [1305 - 1308] ( Article 6 added by Stats. 1973, Ch. 1202. )

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    The state department must keep a record of all reports made under Section 1305.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 6. Malpractice Actions [1305 - 1308] ( Article 6 added by Stats. 1973, Ch. 1202. ) ## 1307. The state department shall keep a record of all reports made pursuant to Section 1305. (Amended by Stats. 1992, Ch. 713, Sec. 18. Effective September 15, 1992.)
  140. 13070.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. FIRESCOPE Program [13070 - 13073] ( Chapter 3 added by Stats. 1989, Ch. 1364, Sec. 1. )

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    This chapter may be cited as the FIRESCOPE Act of 1989.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. FIRESCOPE Program [13070 - 13073] ( Chapter 3 added by Stats. 1989, Ch. 1364, Sec. 1. ) ## 13070. This chapter shall be known and may be cited as the FIRESCOPE Act of 1989. (Added by Stats. 1989, Ch. 1364, Sec. 1.)
  141. 13071.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. FIRESCOPE Program [13070 - 13073] ( Chapter 3 added by Stats. 1989, Ch. 1364, Sec. 1. )

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    The Office of Emergency Services must establish and administer the FIRESCOPE Program.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. FIRESCOPE Program [13070 - 13073] ( Chapter 3 added by Stats. 1989, Ch. 1364, Sec. 1. ) ## 13071. The Office of Emergency Services shall establish and administer a program, which shall be denominated the FIRESCOPE Program (FIrefighting RESources of California Organized for Potential Emergencies), to maintain and enhance the efficiency and effectiveness of managing multiagency firefighting resources in responding to an incident. The program shall be based on the concepts and components developed or under development by the Firescope project chartered by the United States Congress in 1972. The program shall provide for the research, development, and implementation of technologies, facilities, and procedures to assist state and local fire agencies in the better utilization and coordination of firefighting resources in responding to incidents. (Amended by Stats. 2013, Ch. 352, Sec. 338. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  142. 13072.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. FIRESCOPE Program [13070 - 13073] ( Chapter 3 added by Stats. 1989, Ch. 1364, Sec. 1. )

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    The FIRESCOPE Program is intended to improve fire incident management and coordination of multiagency firefighting resources for major or multiple incidents.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. FIRESCOPE Program [13070 - 13073] ( Chapter 3 added by Stats. 1989, Ch. 1364, Sec. 1. ) ## 13072. The goal of the FIRESCOPE Program is the improvement of fire incident management and the coordination of multiagency firefighting resources on major or multiple incidents. The program shall include, but is not limited to, the following areas as part of its research, development, and implementation objectives: (a) Improved methods to coordinate multiagency firefighting resources during major incidents. (b) Improved methods for forecasting fire behavior. (c) The capability to assess fire, weather, and terrain conditions at the scene of an incident. (d) Standard fire terminology for improving incident management. (e) Improved multiagency fire communications. (f) Multiagency training on FIRESCOPE components and products. (g) A common mapping system, including orthophoto maps. (h) Improved fire information management systems. (i) Regional operational coordination centers for regional multiagency coordination of firefighting resources. (Added by Stats. 1989, Ch. 1364, Sec. 1.)
  143. 13073.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. FIRESCOPE Program [13070 - 13073] ( Chapter 3 added by Stats. 1989, Ch. 1364, Sec. 1. )

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    The Office of Emergency Services must carry out this chapter, working with the Department of Forestry and Fire Protection and using advice from the named advisory board.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 3. FIRESCOPE Program [13070 - 13073] ( Chapter 3 added by Stats. 1989, Ch. 1364, Sec. 1. ) ## 13073. The Office of Emergency Services shall carry out this chapter in cooperation with the Department of Forestry and Fire Protection, including the Office of the State Fire Marshal, and with the advice of the Fire and Rescue Service Advisory Committee/FIRESCOPE Board of Directors within the Office of Emergency Services. (Amended by Stats. 2013, Ch. 352, Sec. 339. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  144. 1308.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 6. Malpractice Actions [1305 - 1308] ( Article 6 added by Stats. 1973, Ch. 1202. )

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    The state department must notify licensed health facilities and their professional liability insurers about this article’s provisions.

    ## Health and Safety Code - HSC ## DIVISION 2. LICENSING PROVISIONS [1200 - 1796.88] ( Division 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 2. Health Facilities [1250 - 1339.59] ( Chapter 2 repealed and added by Stats. 1973, Ch. 1202. ) ## ARTICLE 6. Malpractice Actions [1305 - 1308] ( Article 6 added by Stats. 1973, Ch. 1202. ) ## 1308. The state department shall notify every health facility licensed pursuant to this chapter and every insurer providing professional liability insurance to such health facilities of the provisions of this article. (Added by Stats. 1973, Ch. 1202.)
  145. 13081.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Firefighters’ Memorial [13081 - 13083] ( Chapter 4 added by Stats. 1992, Ch. 1217, Sec. 1. )

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    A firefighters’ memorial may be built at the State Capitol, but the site must be selected by the task force with required consultations and approvals, and no state money may be used.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Firefighters’ Memorial [13081 - 13083] ( Chapter 4 added by Stats. 1992, Ch. 1217, Sec. 1. ) ## 13081. (a) The construction of a memorial to California firefighters on the grounds of the State Capitol is hereby authorized. For purposes of this chapter, the grounds of the State Capitol is that property in the City of Sacramento bounded by Ninth, Fifteenth, “L,” and “N” Streets. The actual site for the memorial shall be selected by the task force after consultation with the State Office of Historic Preservation, and after consultation with, and approval of, the Department of General Services and the Historic State Capitol Commission. (b) No state moneys shall be expended for any of the purposes specified in this chapter. Funds for the construction of the memorial shall be provided exclusively through private contributions for this purpose. (Added by Stats. 1992, Ch. 1217, Sec. 1. Effective January 1, 1993.)
  146. 13082.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Firefighters’ Memorial [13081 - 13083] ( Chapter 4 added by Stats. 1992, Ch. 1217, Sec. 1. )

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    The California Fire Foundation may prepare a memorial modification plan, but construction cannot start until required approvals and funding verification are in place. If a plan is prepared, the Department of General Services must review, verify, and inspect the work and ensure legal compliance.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Firefighters’ Memorial [13081 - 13083] ( Chapter 4 added by Stats. 1992, Ch. 1217, Sec. 1. ) ## 13082. (a) The California Fire Foundation may, in consultation with the Department of General Services, prepare a plan to construct modifications to the memorial to California firefighters on the grounds of the State Capitol, which may include the construction of a new wall within the existing footprint of the memorial that would include the names of additional fallen firefighters. (b) If the California Fire Foundation prepares a plan to modify the memorial pursuant to this section, the Department of General Services shall do all of the following: (1) Review preliminary design plans for the modifications and identify potential maintenance concerns. (2) Ensure that the proposed modifications comply with the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and other applicable safety laws and regulations. (3) Ensure that the proposed modifications comply with the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and any other applicable building standards for work to be carried out at the existing memorial. (4) Review the final construction documents to ensure that all applicable requirements are met. (5) Prepare the right-of-entry permit outlining the final area of work, final construction documents and permits, construction plans, and the name of the contractor who will perform the work, and verify that the contractor is properly licensed and insured, including maintaining adequate personal liability insurance for damage to state property. (6) Conduct inspections of the construction performed by the contractor selected by the foundation. (c) If the California Fire Foundation undertakes responsibility to modify the memorial to California firefighters pursuant to this section, it shall, in consultation with the Department of General Services, establish a schedule for the design and construction, implement procedures to solicit designs, devise a selection process for the choice of the design for the modifications, and report to the Joint Committee on Rules on the proposed modifications. (d) The California Fire Foundation shall submit a plan for proposed modifications of the memorial prepared pursuant to this section to the Department of General Services and the Joint Committee on Rules for their review and approval. The California Fire Foundation shall not commence construction of any proposed modifications until the master plan of the State Capitol Park is approved and adopted by the Joint Committee on Rules, or until January 1, 2021, whichever occurs first. Any approved modifications shall not commence unless the Joint Committee on Rules and the Department of Finance have verified that sufficient private donations have been secured to complete construction of the modifications. (e) Any modifications to the memorial carried out pursuant to a plan prepared pursuant to this section shall be funded exclusively through private donations secured by the California Fire Foundation. (Added by Stats. 2016, Ch. 688, Sec. 1. (AB 1980) Effective January 1, 2017.)
  147. 13083.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Firefighters’ Memorial [13081 - 13083] ( Chapter 4 added by Stats. 1992, Ch. 1217, Sec. 1. )

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    The California Fire Foundation must conduct firefighters’ memorial ceremonies, including the memorial dedication and any later ceremonies, and do so in consultation with the named Assembly committee.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 1. GENERAL PROVISIONS [13000 - 13083] ( Part 1 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 4. Firefighters’ Memorial [13081 - 13083] ( Chapter 4 added by Stats. 1992, Ch. 1217, Sec. 1. ) ## 13083. Firefighters’ memorial ceremonies, including the dedication of the memorial and any subsequent ceremonies, shall be conducted by the California Fire Foundation, in consultation with the Assembly General Research Committee on Fire, Police, Emergency, and Disaster Services. (Added by Stats. 1992, Ch. 1217, Sec. 1. Effective January 1, 1993.)
  148. 13100.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    This section creates the Office of the State Fire Marshal in the Department of Forestry and Fire Protection and says it is administered by the State Fire Marshal.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13100. (a) The Office of the State Fire Marshal is hereby created in the Department of Forestry and Fire Protection. The Office of the State Fire Marshal shall be administered by the State Fire Marshal, who shall be a Chief Deputy Director of Forestry and Fire Protection in accordance with paragraph (1) of subdivision (b) of Section 702 of the Public Resources Code and appointed pursuant to Section 13101 of this code. (b) The Office of the State Fire Marshal and the State Fire Marshal in the Department of Forestry and Fire Protection succeed to, and are vested with, all of the powers, duties, responsibilities, and jurisdiction of the former Office of the State Fire Marshal and the former State Fire Marshal, as the case may be, in the State and Consumer Services Agency. (c) Wherever any reference is made in any law to the former Office of the State Fire Marshal or to the former State Fire Marshal in the State and Consumer Services Agency pertaining to a power, duty, responsibility, or jurisdiction transferred to, and vested in, the Office of the State Fire Marshal or the State Fire Marshal in the Department of Forestry and Fire Protection, the reference shall be deemed to be a reference to, and to mean, the Office of the State Fire Marshal or the State Fire Marshal in the Department of Forestry and Fire Protection, as the case may be. (Amended by Stats. 1996, Ch. 332, Sec. 3. Effective January 1, 1997.)
  149. 13100.1.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

    Verify source ↗

    The office’s function is to foster, promote, and develop ways to protect life and property against fire and panic.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13100.1. The functions of the office shall be to foster, promote and develop ways and means of protecting life and property against fire and panic. (Added by Stats. 1945, Ch. 1173.)
  150. 131000.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 1. Organization of the State Department of Public Health [131000 - 131021] ( Chapter 1 added by Stats. 2006, Ch. 241, Sec. 34. )

    Verify source ↗

    A State Department of Public Health exists within the California Health and Human Services Agency.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 1. Organization of the State Department of Public Health [131000 - 131021] ( Chapter 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131000. There is in the California Health and Human Services Agency a State Department of Public Health. (Added by Stats. 2006, Ch. 241, Sec. 34. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  151. 131005.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 1. Organization of the State Department of Public Health [131000 - 131021] ( Chapter 1 added by Stats. 2006, Ch. 241, Sec. 34. )

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    The Governor appoints the State Public Health Officer, subject to Senate confirmation. The officer serves as director of the State Department of Public Health, has control over it, is paid the annual salary set by the Government Code, and must be a licensed physician and surgeon with relevant experience.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 1. Organization of the State Department of Public Health [131000 - 131021] ( Chapter 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131005. (a) There is in state government an executive officer known as the State Public Health Officer, who shall be appointed by the Governor, subject to confirmation by the Senate, and hold office at the pleasure of the Governor. The State Public Health Officer shall receive the annual salary provided by Article 1 (commencing with Section 11550) of Chapter 6 of Part 1 of Division 3 of Title 2 of the Government Code. (b) The State Public Health Officer shall serve as the director of, and have control over, the State Department of Public Health. (c) Any statutory reference to “director,” “the Director of Health Services,” “the Director of Public Health,” or the “Director of the State Department of Public Health,” regarding a function transferred to the State Department of Public Health pursuant to Chapter 2 (commencing with Section 131050), is deemed to, instead, refer to the State Public Health Officer. (d) Any statutory reference to “department” or “state department” regarding a function transferred to the State Department of Public Health pursuant to Chapter 2 (commencing with Section 131050), shall refer to the State Department of Public Health. (e) The director shall be a licensed physician and surgeon pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, who has demonstrated medical, public health, and management experience. (Added by Stats. 2006, Ch. 241, Sec. 34. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  152. 131006.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 1. Organization of the State Department of Public Health [131000 - 131021] ( Chapter 1 added by Stats. 2006, Ch. 241, Sec. 34. )

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    The Governor may appoint up to two chief deputies of the State Department of Public Health, but only on the director’s recommendation and with Senate confirmation.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 1. Organization of the State Department of Public Health [131000 - 131021] ( Chapter 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131006. Upon recommendation of the director, the Governor may appoint, not to exceed, two chief deputies of the State Department of Public Health, subject to confirmation by the Senate, who shall hold office at the pleasure of the Governor. The salaries of the chief deputies shall be fixed in accordance with law. (Amended by Stats. 2007, Ch. 483, Sec. 37.5. Effective January 1, 2008.)
  153. 13101.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal is appointed by the Governor with Senate advice and consent, must have at least eight years’ fire department experience in this state to be eligible, and serves at the Governor’s pleasure.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13101. The State Fire Marshal shall be appointed by the Governor with the advice and consent of the Senate and shall hold office at the pleasure of the Governor. In order to be eligible for appointment, he or she shall have had not less than eight years experience in a regularly organized fire department in this State. He or she shall be paid the annual salary provided for by Chapter 6 of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 1996, Ch. 332, Sec. 4. Effective January 1, 1997.)
  154. 131010.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 1. Organization of the State Department of Public Health [131000 - 131021] ( Chapter 1 added by Stats. 2006, Ch. 241, Sec. 34. )

    Verify source ↗

    The director has the powers of a department head under the referenced Government Code chapter.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 1. Organization of the State Department of Public Health [131000 - 131021] ( Chapter 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131010. The director shall have the powers of a head of the department pursuant to Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2006, Ch. 241, Sec. 34. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  155. 131019.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 1. Organization of the State Department of Public Health [131000 - 131021] ( Chapter 1 added by Stats. 2006, Ch. 241, Sec. 34. )

    Verify source ↗

    The Office of AIDS in the State Department of Public Health must coordinate state HIV, AIDS, and ARC programs and related specified provisions.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 1. Organization of the State Department of Public Health [131000 - 131021] ( Chapter 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131019. There is in the State Department of Public Health an Office of AIDS. The State Department of Public Health, Office of AIDS, shall be the lead agency within the state, responsible for coordinating state programs, services, and activities relating to the human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), and AIDS related conditions (ARC). Among its responsibilities, the State Department of Public Health, Office of AIDS, shall coordinate Sections 120875, Section 120880, Chapter 2 (commencing with Section 120800), Chapter 4 (commencing with Section 120900), Chapter 6 (commencing with Section 120950), Chapter 8 (commencing with Section 121025), Chapter 9 (commencing with Section 121050), Chapter 10 (commencing with Section 121075), Chapter 11 (commencing with Section 121150), Chapter 12 (commencing with Section 121200), Chapter 13 (commencing with Section 121250), and Chapter 14 (commencing with Section 121300), of Part 4 of Division 105. Any reference in those provisions to the State Department of Health Services or the State Department of Public Health shall be deemed to be a reference to the Office of AIDS within the State Department of Public Health. (Added by renumbering Section 100119 by Stats. 2006, Ch. 241, Sec. 17. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  156. 131019.5.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 1. Organization of the State Department of Public Health [131000 - 131021] ( Chapter 1 added by Stats. 2006, Ch. 241, Sec. 34. )

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    The State Department of Public Health must create an Office of Health Equity, and that office must carry out planning, coordination, consultation, and reporting duties to reduce health and mental health disparities.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 1. Organization of the State Department of Public Health [131000 - 131021] ( Chapter 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131019.5. (a) For purposes of this section, the following definitions shall apply: (1) “Determinants of equity” means social, economic, geographic, political, and physical environmental conditions that lead to the creation of a fair and just society. (2) “Health equity” means efforts to ensure that all people have full and equal access to opportunities that enable them to lead healthy lives. (3) “Health and mental health disparities” means differences in health and mental health status among distinct segments of the population, including differences that occur by gender, age, race or ethnicity, sexual orientation, gender identity, education or income, disability or functional impairment, or geographic location, or the combination of any of these factors. (4) “Health and mental health inequities” means disparities in health or mental health, or the factors that shape health, that are systemic and avoidable and, therefore, considered unjust or unfair. (5) “Vulnerable communities” include, but are not limited to, women, racial or ethnic groups, low-income individuals and families, individuals who are incarcerated and those who have been incarcerated, individuals with disabilities, individuals with mental health conditions, children, youth and young adults, seniors, immigrants and refugees, individuals who are limited-English proficient (LEP), and lesbian, gay, bisexual, transgender, queer, and questioning (LGBTQQ) communities, or combinations of these populations. (6) “Vulnerable places” means places or communities with inequities in the social, economic, educational, or physical environment or environmental health and that have insufficient resources or capacity to protect and promote the health and well-being of their residents. (b) The State Department of Public Health shall establish an Office of Health Equity for the purposes of aligning state resources, decisionmaking, and programs to accomplish all of the following: (1) Achieve the highest level of health and mental health for all people, with special attention focused on those who have experienced socioeconomic disadvantage and historical injustice, including, but not limited to, vulnerable communities and culturally, linguistically, and geographically isolated communities. (2) Work collaboratively with the Health in All Policies Task Force to promote work to prevent injury and illness through improved social and environmental factors that promote health and mental health. (3) Advise and assist other state departments in their mission to increase access to, and the quality of, culturally and linguistically competent health and mental health care and services. (4) Improve the health status of all populations and places, with a priority on eliminating health and mental health disparities and inequities. (c) The duties of the Office of Health Equity shall include all of the following: (1) Conducting policy analysis and developing strategic policies and plans regarding specific issues affecting vulnerable communities and vulnerable places to increase positive health and mental health outcomes for vulnerable communities and decrease health and mental health disparities and inequities. The policies and plans shall also include strategies to address social and environmental inequities and improve health and mental health. The office shall assist other departments in their missions to increase access to services and supports and improve quality of care for vulnerable communities. (2) Establishing a comprehensive, cross-sectoral strategic plan to eliminate health and mental health disparities and inequities. The strategies and recommendations developed shall take into account the needs of vulnerable communities to ensure strategies are developed throughout the state to eliminate health and mental health disparities and inequities. This plan shall be developed in collaboration with the Health in All Policies Task Force. This plan shall establish goals and benchmarks for specific strategies in order to measure and track disparities and the effectiveness of these strategies. This plan shall be updated periodically, but not less than every two years, to keep abreast of data trends, best practices, promising practices, and to more effectively focus and direct necessary resources to mitigate and eliminate disparities and inequities. This plan shall be included in the report required under paragraph (1) of subdivision (d). The Office of Health Equity shall seek input from the public on the plan through an inclusive public stakeholder process. (3) Building upon and informing the work of the Health in All Policies Task Force in working with state agencies and departments to consider health in appropriate and relevant aspects of public policy development to ensure the implementation of goals and objectives that close the gap in health status. The Office of Health Equity shall work collaboratively with the Health in All Policies Task Force to assist state agencies and departments in developing policies, systems, programs, and environmental change strategies that have population health impacts in all of the following ways, within the resources made available: (A) Develop intervention programs with targeted approaches to address health and mental health inequities and disparities. (B) Prioritize building cross-sectoral partnerships within and across departments and agencies to change policies and practices to advance health equity. (C) Work with the advisory committee established pursuant to subdivision (f) and through stakeholder meetings to provide a forum to identify and address the complexities of health and mental health inequities and disparities and the need for multiple, interrelated, and multisectoral strategies. (D) Provide technical assistance to state and local agencies and departments with regard to building organizational capacity, staff training, and facilitating communication to facilitate strategies to reduce health and mental health disparities. (E) Highlight and share evidence-based, evidence-informed, and community-based practices for reducing health and mental health disparities and inequities. (F) Work with local public health departments, county mental health or behavioral health departments, local social services, and mental health agencies, and other local agencies that address key health determinants, including, but not limited to, housing, transportation, planning, education, parks, and economic development. The Office of Health Equity shall seek to link local efforts with statewide efforts. (4) Consult with community-based organizations and local governmental agencies to ensure that community perspectives and input are included in policies and any strategic plans, recommendations, and implementation activities. (5) Assist in coordinating projects funded by the state that pertain to increasing the health and mental health status of vulnerable communities. (6) Provide consultation and technical assistance to state departments and other state and local agencies charged with providing or purchasing state-funded health and mental health care, in their respective missions to identify, analyze, and report disparities and to identify strategies to address health and mental health disparities. (7) Provide information and assistance to state and local departments in coordinating projects within and across state departments that improve the effectiveness of public health and mental health services to vulnerable communities and that address community environments to promote health. This information shall identify unnecessary duplication of services. (8) Communicate and disseminate information within the department and with other state departments to assist in developing strategies to improve the health and mental health status of persons in vulnerable communities and to share strategies that address the social and environmental determinants of health. (9) Provide consultation and assistance to public and private entities that are attempting to create innovative responses to improve the health and mental health status of vulnerable communities. (10) Seek additional resources, including in-kind assistance, federal funding, and foundation support. (d) In identifying and developing recommendations for strategic plans, the Office of Health Equity shall, at a minimum, do all of the following: (1) Conduct demographic analyses on health and mental health disparities and inequities. The report shall include, to the extent feasible, an analysis of the underlying conditions that contribute to health and well-being. The first report shall be due July 1, 2014. This information shall be updated periodically, but not less than every two years, and made available through public dissemination, including posting on the department’s Internet Web site. The report shall be developed using primary and secondary sources of demographic information available to the office, including the work and data collected by the Health in All Policies Task Force. Primary sources of demographic information shall be collected contingent on the receipt of state, federal, or private funds for this purpose. (2) Based on the availability of data, including valid data made available from secondary sources, the report described in paragraph (1) shall address the following key factors as they relate to health and mental health disparities and inequities: (A) Income security such as living wage, earned income tax credit, and paid leave. (B) Food security and nutrition such as food stamp eligibility and enrollment, assessments of food access, and rates of access to unhealthy food and beverages. (C) Child development, education, and literacy rates, including opportunities for early childhood development and parenting support, rates of graduation compared to dropout rates, college attainment, and adult literacy. (D) Housing, including access to affordable, safe, and healthy housing, housing near parks and with access to healthy foods, and housing that incorporates universal design and visitability features. (E) Environmental quality, including exposure to toxins in the air, water, and soil. (F) Accessible built environments that promote health and safety, including mixed-used land, active transportation such as improved pedestrian, bicycle, and automobile safety, parks and green space, and healthy school siting. (G) Health care, including accessible disease management programs, access to affordable, quality health and behavioral health care, assessment of the health care workforce, and workforce diversity. (H) Prevention efforts, including community-based education and availability of preventive services. (I) Assessing ongoing discrimination and minority stressors against individuals and groups in vulnerable communities based upon race, gender, gender identity, gender expression, ethnicity, marital status, language, sexual orientation, disability, and other factors, such as discrimination that is based upon bias and negative attitudes of health professionals and providers. (J) Neighborhood safety and collective efficacy, including rates of violence, increases or decreases in community cohesion, and collaborative efforts to improve the health and well-being of the community. (K) The efforts of the Health in All Policies Task Force, including monitoring and identifying efforts to include health and equity in all sectors. (L) Culturally appropriate and competent services and training in all sectors, including training to eliminate bias, discrimination, and mistreatment of persons in vulnerable communities. (M) Linguistically appropriate and competent services and training in all sectors, including the availability of information in alternative formats such as large font, braille, and American Sign Language. (N) Accessible, affordable, and appropriate mental health services. (3) Consult regularly with representatives of vulnerable communities, including diverse racial, ethnic, cultural, and LGBTQQ communities, women’s health advocates, mental health advocates, health and mental health providers, community-based organizations and advocates, academic institutions, local public health departments, local government entities, and low-income and vulnerable consumers. (4) Consult regularly with the advisory committee established by subdivision (f) for input and updates on the policy recommendations, strategic plans, and status of cross-sectoral work. (e) The Office of Health Equity shall be organized as follows: (1) A Deputy Director shall be appointed by the Governor or the State Public Health Officer, and is subject to confirmation by the Senate. The salary for the Deputy Director shall be fixed in accordance with state law. (2) The Deputy Director of the Office of Health Equity shall report to the State Public Health Officer and shall work closely with the Director of Health Care Services to ensure compliance with the requirements of the office’s strategic plans, policies, and implementation activities. (f) The Office of Health Equity shall establish an advisory committee to advance the goals of the office and to actively participate in decisionmaking. The advisory committee shall be composed of representatives from applicable state agencies and departments, local health departments, community-based organizations working to advance health and mental health equity, vulnerable communities, and stakeholder communities that represent the diverse demographics of the state. The chair of the advisory committee shall be a representative from a nonstate entity. The advisory committee shall be established by no later than October 1, 2013, and shall meet, at a minimum, on a quarterly basis. Subcommittees of this advisory committee may be formed as determined by the chair. (g) An interagency agreement shall be established between the State Department of Public Health and the State Department of Health Care Services to outline the process by which the departments will jointly work to advance the mission of the Office of Health Equity, including responsibilities, scope of work, and necessary resources. (Added by Stats. 2012, Ch. 23, Sec. 43. (AB 1467) Effective June 27, 2012.)
  157. 131020.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 1. Organization of the State Department of Public Health [131000 - 131021] ( Chapter 1 added by Stats. 2006, Ch. 241, Sec. 34. )

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    The department’s director must appoint all officers or employees hired after July 1, 2007.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 1. Organization of the State Department of Public Health [131000 - 131021] ( Chapter 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131020. All officers or employees of the department employed after July 1, 2007, shall be appointed by the director. (Added by Stats. 2006, Ch. 241, Sec. 34. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  158. 131021.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 1. Organization of the State Department of Public Health [131000 - 131021] ( Chapter 1 added by Stats. 2006, Ch. 241, Sec. 34. )

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    The department and the Office of Emergency Services must create a PPE stockpile and related guidelines, with advisory input and reporting duties.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 1. Organization of the State Department of Public Health [131000 - 131021] ( Chapter 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131021. (a) The Legislature finds that having access to a statewide stockpile of personal protective equipment in the event of a pandemic, wildfire smoke event, or other health emergency is vital to the health and safety of its health care and essential workers, as well as the general population, which both relies on this workforce and is susceptible to disease transmission should members of this workforce needlessly be infected with transmissible disease. (b) The following definitions apply for purposes of this section: (1) “Department” means the State Department of Public Health. (2) “Office” means the Office of Emergency Services. (3) “Agricultural worker” means a person employed in any of the following: (A) An agricultural occupation, as defined in Wage Order No. 14 of the Industrial Welfare Commission. (B) An industry preparing agricultural products for the market, on the farm, as defined in Wage Order No. 13 of the Industrial Welfare Commission. (C) An industry handling products after harvest, as defined in Wage Order No. 8 of the Industrial Welfare Commission. (4) “Essential workers” means primary and secondary school workers, workers at detention facilities, as defined in Section 9500 of the Penal Code, in-home support providers, childcare providers, government workers whose work with the public continues throughout the crisis, and workers in other positions that the State Public Health Officer or the Director of the Office of Emergency Services deems vital to public health and safety, as well as economic and national security, including, but not limited to, agricultural workers. (5) “Health care worker” means any worker who provides direct patient care and services directly supporting patient care, including, but not limited, to physicians, pharmacists, clinicians, nurses, aides, technicians, janitorial and housekeeping staff, food services workers, and nonmanagerial administrative staff. (6) “Personal protective equipment” or “PPE” means protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, including, but not limited to, N95 and other filtering facepiece respirators, elastomeric air-purifying respirators with appropriate particulate filters or cartridges, powered air purifying respirators, disinfecting and sterilizing devices and supplies, medical gowns and apparel, face masks, surgical masks, face shields, gloves, shoe coverings, and the equipment identified by or otherwise necessary to comply with Section 5199 of Title 8 of the California Code of Regulations. (7) “Provider” means a licensed clinic, as described in Chapter 1 (commencing with Section 1200), an outpatient setting, as described in Chapter 1.3 (commencing with Section 1248) of, a health facility as described in Chapter 2 (commencing with Section 1250) of, or a county medical facility, as described in Chapter 2.5 (commencing with Section 1440) of, Division 2, a home health agency, a physician’s office, a professional medical corporation, a medical partnership, a medical foundation, a rural health clinic, as defined in Section 1395x(aa)(2) of Title 42 of the United States Code, or a federally qualified health center, as defined in Section 1395x(aa)(4) of Title 42 of the United States Code, and any other entity that provides medical services in California. (8) “Stockpile” means the personal protective equipment stockpile created pursuant to subdivision (c). (c) Within one year of the effective date of this section, the department and office, in coordination with other state agencies, shall establish a PPE stockpile, upon appropriation and as necessary. (d) The department shall also establish guidelines for procurement, management, and distribution of PPE from the department. The department and office shall consider the recommendations of the Personal Protective Equipment Advisory Committee created pursuant to subdivision (f) in developing these guidelines. At a minimum, the guidelines shall take into account all of the following: (1) The various types of PPE that may be required during a pandemic or other health emergency, including, but not limited to, wildfire smoke events. (2) The shelf life of each type of PPE that may be obtained from the department and how to restock a portion of each type of PPE to ensure the procurements consist of unexpired PPE. (3) The amount of each type of PPE that would be required for all health care workers and essential workers in the state during a 90-day pandemic or other health emergency, including, but not limited to, wildfire smoke events. (4) Lessons learned from previous pandemics and state emergencies, including, but not limited to, supply procurement, management, and distribution. (5) Guidance on how to define essential workers based upon different hazards. (6) Geographical distribution of PPE storage. (7) Guidance on how to establish policies and standards for PPE surge capacity to ensure that workers have access to an adequate supply of PPE during a pandemic or other health emergency, including, but not limited to, wildfire smoke events. (8) The policies and funding that would be required for the state to establish a PPE stockpile. (9) How distribution from any procurement shall be prioritized in the event that there is insufficient PPE to meet the needs of providers or employers of essential workers, including consideration of the following: (A) The provider or employer is in a location with a high share of low-income residents. (B) The provider or employer is in a medically underserved area, as designated by the United States Department of Health and Human Services, Health Resources and Services Administration. (C) The provider or employer disproportionately serves a medically underserved population, as designated by the United States Department of Health and Human Services, Health Resources and Services Administration. (D) The provider or employer is in a county with a high infection rate or high hospitalization rate related to the declared emergency. (e) The development of the guidelines shall be informed by the recommendations of the Personal Protective Equipment Advisory Committee pursuant to subdivision (f). The guidelines shall not establish policies or standards that are less protective or prescriptive than any federal, state, or local law on PPE standards. (f) The Personal Protective Equipment Advisory Committee is hereby established. The advisory committee shall consist of the following: (1) One representative of an association representing multiple types of hospitals and health systems. (2) One representative of an association representing skilled nursing facilities. (3) One representative of an association representing primary care clinics. (4) One representative of a statewide association representing physicians. (5) Two representatives of labor organizations that represent health care workers. (6) Two representatives of labor organizations that represent nonagricultural essential workers, as defined by paragraph (4) of subdivision (b). (7) One representative of a labor organization that represents agricultural workers, as defined by paragraph (3) of subdivision (b). (8) One representative of an organization that represents agricultural employers. (9) One representative from the personal protective equipment manufacturing industry. (10) One consumer representative. (11) One representative from an association representing counties. (12) One representative from the State Department of Public Health. (13) One representative from the Office of Emergency Services. (14) One representative from the Emergency Medical Services Authority. (15) One representative from the State Department of Social Services. (g) The Director of the Office of Emergency Services or their designee shall appoint the representatives from paragraphs (1) through (11), inclusive, of subdivision (f). (h) The Personal Protective Equipment Advisory Committee shall make recommendations to the office and department necessary to develop the guidelines required pursuant to subdivision (d). (i) Nothing in this section alters an employer’s duty to provide respirators as required by Section 5141.1 of Title 8 of the California Code of Regulations. (j) The department shall report to the Legislature, within six months of the effective date of the amendments to this section made by the act adding this subdivision, with regard to the amount of PPE in the stockpile, the amount of PPE from the stockpile that has been used, and the amount of anticipated future usage. The report shall be made pursuant to Section 9795 of the Government Code. (Amended by Stats. 2021, Ch. 322, Sec. 1. (AB 73) Effective September 27, 2021.)
  159. 13103.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal may appoint needed assistant or deputy fire marshals from specified fire-protection officials, and the State Fire Marshal and those assistants or deputies must exercise the powers of peace officers.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13103. The State Fire Marshal may appoint those assistant or deputy state fire marshals as he or she may consider necessary from among active chiefs of fire departments, fire marshals of cities, counties, and districts providing fire protection, and the salaried field assistants of the State Fire Marshal. The State Fire Marshal and the assistant or deputy state fire marshals shall exercise the functions of peace officers. (Amended by Stats. 1996, Ch. 332, Sec. 6. Effective January 1, 1997.)
  160. 13104.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal must help enforce fire-related laws and standards, and if possible must respond to and protect property threatened by fire, except in listed situations.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13104. The State Fire Marshal shall aid in the enforcement of all laws and ordinances, any rules and regulations adopted under the provisions of Division 11 (commencing with Section 12000) of, and Part 1 (commencing with Section 13000) and Part 2 (commencing with Section 13100) of Division 12 of, the Health and Safety Code, and building standards adopted by the State Fire Marshal and published in the State Building Standards Code relating to fires or to fire prevention and protection. The State Fire Marshal shall, if possible, attend, and take charge of and protect all property which may be imperiled by any fire other than: (a) A forest, brush, or grain fire. (b) A fire occurring within any city or town maintaining a fire department, within a fire protection district, or within a county where there is a regularly appointed county fire warden. (Amended by Stats. 1979, Ch. 1152.)
  161. 13104.5.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The Department of Forestry and Fire Protection may abate fire hazards on certain state property, except property deeded to the state for taxes.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13104.5. Except on property which has been deeded to the state for taxes, the Department of Forestry and Fire Protection may abate fire hazards existing on property owned, controlled, or held in trust by the state, in areas not under the jurisdiction of the Director of Forestry and Fire Protection, upon the request of the legislative body of the city, county, or city and county within which the property is situated. The cost of the abatement shall be paid out of any money in the State Treasury appropriated for that purpose. (Amended by Stats. 1996, Ch. 332, Sec. 7. Effective January 1, 1997.)
  162. 13104.6.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal may find a fire hazard on tax-deeded property and may issue a written condemnation notice.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13104.6. The State Fire Marshal may determine the existence of a fire hazard on any property which has been deeded to the State for taxes and may serve a written notice of condemnation of the fire hazard on the State Controller, or on any person designated by the Controller. The fire hazard is then subject to removal in accordance with the law relating to removal of public nuisances on tax deeded property. (Added by Stats. 1939, Ch. 693.)
  163. 13105.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal must promote fire prevention and prepare information for public dissemination.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13105. The State Fire Marshal shall encourage the adoption of fire prevention measures by means of education, engineering, and enforcement and shall prepare or cause to be prepared for dissemination information relating to the subject of fire prevention and extinguishment. (Amended by Stats. 1996, Ch. 332, Sec. 8. Effective January 1, 1997.)
  164. 13105.1.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal must create a working group on PPE for responding to lithium-ion battery fires, and the group must deliver recommendations to the Legislature by September 1, 2026.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13105.1. (a) The State Fire Marshal shall develop, in consultation with the Division of Occupational Safety and Health, a working group to make recommendations regarding personal protective equipment used in responding to lithium-ion battery fires. (b) The working group shall include members of the State Board of Fire Services, academia, health and safety experts, a representative from the Division of Occupational Safety and Health, and a labor organization representing the utility workforce, as determined by the State Fire Marshal. (c) The working group shall review, and for the purpose of making recommendations shall consider, at a minimum, all of the following: (1) The latest personal protective equipment to limit exposure to lithium and other heavy metals when responding to fires where lithium-ion batteries are present. (2) Technology to clean personal protective equipment after response to a lithium-ion battery fire. (3) Whether different types of personal protective equipment should be used for different types of lithium-ion battery fires, including large scale battery energy storage facilities, home-based battery energy storage facilities, and electric vehicles that have lithium-ion batteries. (4) Current decontamination practices at the fire scene to reduce exposures and potential negative health consequences. (d) The recommendations developed pursuant to subdivision (a) shall be delivered to the Legislature no later than September 1, 2026. (e) (1) The requirement for submitting a report imposed under subdivision (d) is inoperative on January 1, 2030, pursuant to Section 10231.5 of the Government Code. (2) A report to be submitted pursuant to subdivision (d) shall be submitted in compliance with Section 9795 of the Government Code. (f) This section shall remain in effect only until January 1, 2031, and as of that date is repealed. (Added by Stats. 2025, Ch. 382, Sec. 2. (AB 841) Effective January 1, 2026. Repealed as of January 1, 2031, by its own provisions.)
  165. 13105.2.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal must establish and operate a statewide hazardous materials training facility at the Del Valle Firefighting Facility in Los Angeles County.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13105.2. (a) The State Fire Marshal shall establish and operate a statewide hazardous materials training facility to be located at the Del Valle Firefighting Facility of the County of Los Angeles. (b) Subdivision (a) shall be operative in any fiscal year only to the extent that funds are appropriated in the annual Budget Act or donated by private donors, contributed by local agencies, or provided by other funding sources for the purpose of subdivision (a). Donations by private donors, local agencies, or other sources may be in the form of money, in-kind services, or equipment. All monetary contributions received pursuant to this subdivision shall be deposited into a special deposit fund account to carry out the requirements of subdivision (a). (Amended by Stats. 1989, Ch. 597, Sec. 1.)
  166. 13105.3.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal must develop fire prevention, response, and recovery measures for utility grade lithium-ion battery storage facilities, in consultation with the Office of Emergency Services.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13105.3. The State Fire Marshal, in consultation with the Office of Emergency Services, shall develop fire prevention, response, and recovery measures for utility grade lithium-ion battery storage facilities. (a) The measures shall include best practices for the health and safety of emergency services personnel. (b) The measures shall include best practices for owners and operators to share timely and accurate information with local emergency managers and public safety agencies regarding incidents. (Added by Stats. 2025, Ch. 637, Sec. 1. (AB 1285) Effective January 1, 2026.)
  167. 13105.5.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal must set up, or have set up, fire prevention training for fire prevention inspectors working for local fire protection agencies.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13105.5. The State Fire Marshal shall establish or cause to be established a program of fire prevention training for fire prevention inspectors employed by local fire protection agencies. The training program shall be conducted on a regional basis located near such agencies which employ or contract with such inspectors. (Added by Stats. 1981, Ch. 581.)
  168. 13105.6.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal must develop a curriculum for eligible livestock producers by July 1, 2023, with involvement from the Statewide Training and Education Advisory Committee.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13105.6. On or before July 1, 2023, the State Fire Marshal, with the involvement of the Statewide Training and Education Advisory Committee, shall develop a curriculum for livestock producers eligible for the livestock pass program described in Section 2350 of the Food and Agricultural Code. The curriculum shall, at a minimum, provide education regarding basic fire behavior, communications during a disaster emergency, and incident command structure. The curriculum shall provide for the initial certification as well as the continuing education or recertification of livestock producers eligible for the livestock pass program. It is the intent of the Legislature that any certification training utilizing the curriculum developed pursuant to this section be no more than four hours in duration, ensuring that commercial livestock producers may avail themselves of the curriculum. (Amended by Stats. 2022, Ch. 60, Sec. 26. (AB 203) Effective June 30, 2022.)
  169. 13105.7.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal may set inspection and listing fees for certain testing laboratories and may charge those laboratories fees to cover program costs.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13105.7. (a) The State Fire Marshal may establish a schedule of fees for the inspection, approval, and listing of testing laboratories which test consumer products for fire safety that are regulated by the State Fire Marshal. (b) The State Fire Marshal may charge the testing laboratories fees to cover the costs of the program specified in subdivision (a), including the cost of establishing the fee schedule. (Added by Stats. 1989, Ch. 616, Sec. 1.)
  170. 131050.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. )

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    The State Department of Public Health takes over specified duties, powers, functions, responsibilities, and jurisdiction from the former State Department of Health Services for public health and health-facility licensing/certification matters.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131050. (a) As set forth in this article, the State Department of Public Health shall succeed to and be vested with all the duties, powers, purposes, functions, responsibilities, and jurisdiction of the former State Department of Health Services as they relate to public health, licensing and certification of health facilities, and any other functions performed immediately preceding the operative date of this section by, or under the supervision of, all of the following: (1) The Deputy Director for Prevention Services of the former State Department of Health Services, excluding the Office of Clinical Preventive Medicine. (2) The Deputy Director for Licensing and Certification. (3) The Deputy Director for Health Information and Strategic Planning. (4) The Deputy Director for Public Health Emergency Preparedness. (5) The California Conference of Local Health Officers. (6) The Deputy Director for Primary Care and Family Health as follows: Maternal, Child and Adolescent Health as set forth in Part 2 excluding Articles 5, 5.5, 6, and 6.5 of Chapter 3, Part 3, Part 5 excluding Articles 1 and 2 of Chapter 2, Part 7 and Part 8, of Division 106. (b) It is the intent of the Legislature that, in implementing this article, the duties, powers, purposes, and responsibilities transferred to the State Department of Public Health shall include those formerly performed by the programs of the former State Department of Health Services set forth in this article, provided, however, that nothing in this article shall be construed to require that the State Department of Public Health be organized according to programs described in this article, or to limit the authority or discretion of the State Public Health Officer pursuant to Section 11152 of the Government Code to organize the State Department of Public Health, unless that organization is otherwise required by law. Nothing in this article shall be construed to require that the State Department of Public Health maintain, or refrain from terminating, any program described in this article except to the extent that maintenance of the program is otherwise required by law. Nothing in this article shall be construed to limit or expand the authority of any program described in this article. (Added by Stats. 2006, Ch. 241, Sec. 34. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  171. 131051.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. )

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    This section transfers specified public health duties, powers, and responsibilities to the State Department of Public Health, and some listed programs later move to the State Department of Health Care Services.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131051. The duties, powers, functions, jurisdiction, and responsibilities transferred to the State Department of Public Health shall, pursuant to the act that added this section, include all of the following previously performed by the former State Department of Health Services: (a) Under the jurisdiction of the Deputy Director for Prevention Services: (1) The Office of AIDS, including but not limited to: (A) The AIDS Drug Assistance Program (Chapter 6 (commencing with Section 120950) of Part 4 of Division 105). (B) The AIDS Early Intervention Program (Chapter 4 (commencing with Section 120900) of Part 4 of Division 105). (C) The CARE Services Program, provided for pursuant to the federal Ryan White CARE Act, 42 U.S.C. Section 300ff. (D) The CARE/Health Insurance Premium Payment Program (federal Ryan White CARE Act, 42 U.S.C. Sec. 300ff). (E) The Housing Opportunities for Persons with AIDS Program (Section 100119). (F) The Residential AIDS Licensed Facilities Program (former Section 100119; Chapter 2 (commencing with Section 120815) of Part 4 of Division 105). (G) The AIDS Case Management Program (federal Ryan White CARE Act, 42 U.S.C. Sec. 300ff; Chapter 2 (commencing with Section 120815) of Part 4 of Division 105). (H) The AIDS Medi-Cal Waiver Program (former Section 100119; 42 U.S.C. Sec. 1396n(c)). (I) The Bridge Project (former Section 100119). (J) The HIV Therapeutic Monitoring Program (Chapter 16 (commencing with Section 121345) of Part 4 of Division 105). (K) The Learning Immune Function Enhancement program (former Section 100119). (L) The San Ysidro Prevention Project (Section 113019). (M) The California Statewide Treatment Education Program (former Section 100119). (N) The HIV Counseling and Testing Program (Section 113019). (O) The Neighborhood Intervention Geared Toward High-Risk Testing program (former Section 100119). (P) The Perinatal Transmission Prevention Project (Section 113019). (Q) The California AIDS Clearinghouse (Section 113019). (R) The California Disclosure Assistance and Partner Services/Partner Counseling and Referral Services (Section 113019). (S) The African-American HIV Initiative (Section 113019; Chapter 13.7 (commencing with Section 120290) of Part 4 of Division 105). (T) The Injection Drug User HIV Testing Utilizing Hepatitis C Testing High-Risk Initiative (Section 113019). (U) The Prevention with Positives High-Risk Initiative (Section 113019). (V) The Statewide Technical Assistance Initiatives (Section 113019). (W) The HIV/AIDS Case Registry (Sections 113019, 120125, and 120130). (2) The Office of Binational Border Health, including, but not limited to, all of the following: (A) The California-Mexico Health Initiative (Part 3 (commencing with Section 475) of Division 1). (B) The Early Warning Infectious Disease Surveillance Program (Chapter 2 (commencing with Section 1250) of Division 2; Chapter 2 (commencing with Section 120130) of Part 1 of Division 105). (3) The Division of Communicable Disease Control, including, but not limited to, all of the following: (A) The Infant Botulism Treatment and Prevention Program (Article 2.5 (commencing with Section 123700) of Chapter 3 of Part 2 of Division 106). (B) The Sexually Transmitted Disease Control Program (Part 3 (commencing with Section 120500) of Division 105). (C) The Infectious Disease Program (Chapter 2 (commencing with Section 120130) of Part 1 of Division 105). (D) The Bioterrorism Epidemiology Program. (E) The Vector Borne Disease (Part 11 (commencing with Section 116100) of Division 104). (F) The Tuberculosis Control Program (Part 5 (commencing with Section 121350) of Division 105). (G) The Microbial Diseases Laboratory (Chapter 2 (commencing with Section 100250) of Division 101). (H) The Viral and Rickettsial Disease Laboratory (Chapter 2 (commencing with Section 100250) of Division 101). (I) The West Nile Human Surveillance Program (Chapter 2 (commencing with Section 116110) of Part 11 of Division 104). (J) The Immunization Program (Part 2 (commencing with Section 120325) of Division 105). (K) The Vaccines for Children Program (Part 2 (commencing with Section 120325) of Division 105). (4) The Division of Chronic Disease and Injury Control, including, but not limited to, all of the following: (A) The IMPACT Prostate Cancer Treatment Program (Chapter 7 (commencing with Section 104322) of Part 1 of Division 103), until June 30, 2012. Commencing July 1, 2012, the duties, powers, functions, jurisdiction, and responsibilities of the State Department of Public Health regarding this program are hereby with the State Department of Health Care Services. (B) The Every Woman Counts program (Breast and Cervical Cancer Screening Program) (Article 1.3 (commencing with Section 104150) of Chapter 2 of Part 1 of Division 103; Section 30461.6 of the Revenue and Taxation Code), until June 30, 2012. Commencing July 1, 2012, the duties, powers, functions, jurisdiction, and responsibilities of the State Department of Public Health regarding this program are hereby with the State Department of Health Care Services. (C) The Well-Integrated Screening and Evaluation for Women Across the Nation Demonstration Project (Article 1.3 (commencing with Section 104150) of Chapter 2 of Part 1 of Division 103). (D) The California Nutrition Network (Chapter 2 (commencing with Section 104575) of Part 3 of Division 103). (E) The Cancer Research Program (Article 2 (commencing with Section 104175) of Chapter 2 of Part 1 of Division 103). (F) The Translational Cancer Research and Technology Transfer Program (Article 2 (commencing with Section 104175) of Chapter 2 of Part 1 of Division 103). (G) The Ken Maddy California Cancer Registry (Chapter 2 (commencing with Section 103875) of Part 2 of Division 102). (H) The California Osteoporosis Prevention and Education Program (Chapter 1 (commencing with Section 125700) of Part 8 of Division 106). (I) The Preventive Health Care for the Aging Program (Part 4 (commencing with Section 104900) of Division 103). (J) The California Arthritis Prevention Program (former Section 100185). (K) The Office of Oral Health (Chapter 3 (commencing with Section 104750) of Part 3 of Division 103). (L) The Children’s Dental Disease Prevention Program (Article 3 (commencing with Section 104770) of Chapter 3 of Part 3 of Division 103). (M) The Community Water Fluoridation Program (Article 3.5 (commencing with Section 116409) of Chapter 4 of Part 12 of Division 104). (N) The California Asthma Public Health Initiative (Chapter 6.5 (commencing with Section 104316) of Part 1 of Division 103). (O) The California Obesity Prevention Initiative (Chapter 2 (commencing with Section 104575) of Part 3 of Division 103). (P) The School Health Connections program (Chapter 2 (commencing with Section 104575) of Part 3 of Division 103). (Q) The California Project LEAN (Chapter 2 (commencing with Section 104575) of Part 3 of Division 103). (R) The California Center for Physical Activity (Section 131085). (S) The California Diabetes Program (Section 131085). (T) The Preventive Medicine Residency Program (Section 131090). (U) The California Epidemiologic Investigation Service (Article 4 (commencing with Section 100325) of Chapter 2 of Part 1 of Division 101). (V) The Continuing Professional Education Program (Section 131090). (W) The Injury Surveillance and Epidemiology Program (Part 2 (commencing with Section 104325) of Division 103). (X) The State and Local Injury Control Program (Chapter 1 (commencing with Section 104325) of Part 2 of Division 103). (Y) The Office on Disability and Health (former Section 100185). (Z) The Alzheimer’s Disease Program (Article 4 (commencing with Section 125275) of Chapter 2 of Part 5 of Division 106). (AA) The California Tobacco Control Program (Chapter 1 (commencing with Section 104350) of Part 3 of Division 103). (5) The Division of Drinking Water and Environmental Management, including, but not limited to, all of the following: (A) The Medical Waste Management Program (Part 14 (commencing with Section 117600) of Division 104). (B) The Department of Defense Oversight Program (Radiologic Guidance and Approvals) (Part 9 (commencing with Section 114650) of Division 104). (C) The Nuclear Emergency Response Program (Part 9 (commencing with Section 114650) of Division 104). (D) The Institutions Program (Environmental Surveys) (Article 5 (commencing with Section 116025) of Chapter 5 of Part 10 of Division 104). (E) The Drinking Water Field Management program (Chapter 4 (commencing with Section 116270) of Part 12 of Division 104). (F) The Environmental Health Specialist Registration Program (Article 1 (commencing with Section 106600) of Chapter 4 of Part 1 of Division 104). (G) The Sanitation and Radiation Laboratory (Article 2 (commencing with Section 100250) of Chapter 2 of Part 1 of Division 101); Chapter 4 (commencing with Section 116270) of Part 12 of Division 104). (H) The Radon Program (Chapter 7 (commencing with Section 105400) of Part 5 of Division 103; Chapter 4 (commencing with Section 116270) of Part 12, and Article 2 (commencing with Section 106750) of Chapter 4 of Part 1, of Division 104). (I) The Shellfish Sanitation Program (Chapter 5 (commencing with Section 112150) of Part 6 of Division 104). (J) The Ocean Beach Safety Programs (Article 2 (commencing with Section 115875) of Chapter 5 of Part 10 of Division 104). (K) The Bioterrorism Planning and Response for Drinking Water, Medical Waste, and Environmental Health program (Article 6 (commencing with Section 101315) of Chapter 3 of Part 3 of Division 101). (L) The Safe Drinking Water State Revolving Fund (Chapter 4.5 (commencing with Section 116760) of Part 12 of Division 104). (M) The Drinking Water Technical Programs (Chapter 4 (commencing with Section 16270) of Part 12 of Division 104; Chapter 4.5 (commencing with Section 116760) of Part 12 of Division 104; Article 3 (commencing with Section 106875) of Chapter 4 of Part 1 of Division 104; Chapter 5 (commencing with Section 116775) of Part 12 of Division 104; Chapter 5 (commencing with Section 115825) of Part 10 of Division 104; Chapter 7 (commencing with Section 13500) of Division 7 of the Water Code; Section 13411 of the Water Code). (N) The Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Proposition 50) (Division 26.5 (commencing with Section 79500) of the Water Code). (6) The Division of Environmental and Occupational Disease Control, including, but not limited to, all of the following: (A) The California Birth Defect Monitoring Program (Chapter 1 (commencing with Section 103825) of Part 2 of Division 102). (B) The Childhood Lead Poisoning Prevention Program (Chapter 5 (commencing with Section 105275) of Part 5 of Division 103; Article 7 (commencing with Section 124125) of Chapter 3 of Part 2 of Division 106). (C) The Lead Related Construction Program (Chapter 4 (commencing with Section 105250) of Part 5 of Division 103). (D) The Epidemiology Studies Laboratory (Sections 25416, former Section 100170, Section 100325, and Section 104324.25). (E) The Center for Autism and Developmental Disabilities Research and Epidemiology (former Section 100170). (F) The Cancer Cluster/Environmental Investigations (former Section 100170). (G) The Toxic Mold Program (Chapter 18 (commencing with Section 26100) of Division 20). (H) The Federal Agency for Toxic Substances and Disease Registry Health Assessments, Education and Investigations program (former Section 100170). (I) The Fish Contamination Outreach and Education program (former Section 100170). (J) The Air Pollution and Cardiovascular Disease in the California Teachers Study Cohort Project (former Section 100170). (K) The Delta Watershed Fish Project (outreach, education, and training to reduce exposures to mercury in fish) (former Section 100170). (L) The Environmental Health Laboratory (former Section 100170; Article 2 (commencing with Section 100250) of Chapter 2 of Part 1 of Division 101). (M) The Indoor Air Quality program (Chapter 7 (commencing with Section 105400) of Part 5 of Division 103). (N) The Outdoor Air Quality program (Section 60.9 of the Labor Code). (O) The Laboratory Response Network for Chemical Terrorism program (former Section 100170; Article 2 (commencing with Section 100250) of Chapter 2 of Part 1 of Division 101). (P) The Air Quality and Human Monitoring Support Program (former Section 100170). (Q) The Hazard Evaluation System and Information Service Program (Article 1 (commencing with Section 105175) of Chapter 2 of Part 5 of Division 103; Section 147.2 of the Labor Code). (R) The Occupational Health Surveillance and Evaluation Program (Article 1 (commencing with Section 105175) of Chapter 2 of Part 5 of Division 103). (S) The Occupational Lead Poisoning Prevention Program (Article 2 (commencing with Section 105185) of Chapter 2 of Part 5 of Division 103). (T) The Occupational Blood Lead Registry (Article 2 (commencing with Section 105185) of Chapter 2 of Part 5 of Division 103). (7) The Division of Food, Drug and Radiation Safety, including, but not limited to, all of the following: (A) The Drug Licensing Program (Article 6 (commencing with Section 111615) of Chapter 6 of Part 5 of Division 104). (B) The Consumer Product Safety Program (Part 3 (commencing with Section 108100) of Division 104). (C) The Export Program (Article 2 (commencing with Section 110190) of Chapter 2 of Part 5 of Division 104). (D) The Food Safety Inspection Program (Part 5 (commencing with Section 109875) and Part 6 (commencing with Section 111940) of Division 104). (E) The Foodborne Illness and Tampering Emergency Response Program (Part 5 (commencing with Section 109875) of Division 104). (F) The Retail Food Safety Program (Part 7 (commencing with Section 113700) of Division 104). (G) The Food Safety Industry Education and Training Program (pursuant to Section 110485). (H) The Medical Device Licensing Program (Article 6 (commencing with Section 111615) of Chapter 6 of Part 5 of Division 104). (I) The Medical Device Safety Program (Part 5 (commencing with Section 109875) of Division 104). (J) The Stop Tobacco Access to Kids Enforcement Program (STAKE) (Division 8.5 (commencing with Section 22950) of the Business and Professions Code). (K) The Food and Drug Laboratory (Chapter 2 (commencing with Section 100250) of Division 101). (L) The Drug Safety Program (Part 4 (commencing with Section 109250) and Part 5 (commencing with Section 109875) of Division 104). (M) The General Food Safety Program (Part 5 (commencing with Section 109875) and Part 6 (commencing with Section 111940) of Division 104). (N) The Food Testing Program (Chapter 2 (commencing with Section 100250) of Division 101). (O) The Forensic Alcohol Testing Program (Article 2 (commencing with Section 100700) of Chapter 4 of Part 1 of Division 101). (P) The Methadone Laboratory Regulating Program (Article 2 (commencing with Section 11839.23) of Chapter 10 of Part 2 of Division 10.5). (Q) The Radiologic Health Program (Part 9 (commencing with Section 114650) of Division 104). (R) The Mammography Program (Chapter 6 (commencing with Section 114840) of Part 9 of Division 104). (S) The Radioactive Materials Licensing and Inspection Program (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104). (T) The Radiological Technologist Certification Program (Article 5 (commencing with Section 106955) of Part 1, and Article 3 (commencing with Section 114855) of Chapter 6 of Part 9 of Division 104). (U) The Radioactive Waste Tracking Program (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104). (V) The Radioactive Waste Minimization Program (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104). (W) The Low Level Radioactive Waste Management, Treatment and Disposal Program (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104). (X) The Statewide Environmental Radiation Monitoring Program (pursuant to Section 114755). (Y) The Department of Energy Oversight Program (Part 9 (commencing with Section 114650) of Division 104). (Z) The X-Ray Machine Inspection and Registration and Mammography Quality Standards Act Inspection Program (Article 5 (commencing with Section 106955) of Part 1, and Article 3 (commencing with Section 114855) of Chapter 6 of Part 9 of Division 104). (8) The Deputy Director for Laboratory Science, including, but not limited to, all of the following: (A) The Environmental Laboratory Accreditation Program (Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of Division 101). (B) The Laboratory Central Services Program (Article 2 (commencing with Section 100250) of Chapter 2 of Part 1 of Division 101). (C) The National Laboratory Training Network (Section 131085). (D) The Laboratory Field Services program (Chapter 3 (commencing with Section 1200) of Division 2 of the Business and Professions Code). (b) Under the jurisdiction of the Deputy Director for Licensing and Certification: (1) The General Acute Care Hospitals Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2). (2) The Acute Psychiatric Hospitals Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2). (3) The Special Hospitals Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2). (4) The Chemical Dependency Recovery Hospitals Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2). (5) The Skilled Nursing Facilities Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2). (6) The Intermediate Care Facilities Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2). (7) The Intermediate Care Facilities-Developmentally Disabled Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2). (8) The Intermediate Care Facilities-Developmentally Disabled-Habilitative Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2). (9) The Intermediate Care Facility-Developmentally Disabled-Nursing Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2). (10) The Home Health Agencies Licensing Program (Chapter 8 (commencing with Section 1725) of Division 2). (11) The Referral Agencies Licensing Program (Chapter 2.3 (commencing with Section 1400) of Division 2). (12) The Adult Day Health Centers Licensing Program (Chapter 3.3 (commencing with Section 1570) of Division 2). (13) The Congregate Living Health Facilities (Chapter 2 (commencing with Section 1250) of Division 2). (14) The Psychology Clinics Licensing Program (Chapter 1 (commencing with Section 1200) of Division 2). (15) The Primary Clinics—Community and Free Licensing Program (Chapter 1 (commencing with Section 1200) of Division 2). (16) The Specialty Clinics—Rehab Clinics Licensing Program (Chapter 1 (commencing with Section 1200) of Division 2). (17) The Dialysis Clinics Licensing Program (Chapter 1 (commencing with Section 1200) of Division 2). (18) The Pediatric Day Health/Respite Care Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2). (19) The Alternative Birthing Centers Licensing Program (Chapter 1 (commencing with Section 1200) of Division 2). (20) The Hospice Licensing Program (Chapter 2 (commencing with Section 1339.30) of Division 2). (21) The Correctional Treatment Centers Licensing Program (Chapter 2 (commencing with Section 1250) of Division 2). (22) The Medicare/Medi-Cal Certification Program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code). (23) The Nursing Home Administrator Professional Certification Program (Chapter 2.35 (commencing with Section 1416) of Division 2). (24) The Certified Nursing Assistants Professional Certification Program (Chapter 2 (commencing with Section 1337) of Division 2). (25) The Home Health Aides Professional Certification Program (Chapter 8 (commencing with Section 1725) of Division 2). (26) The Hemodialysis Technicians Professional Certification Program (Chapter 3 (commencing with Section 1247) of Division 2 of the Business and Professions Code; Chapter 10 (commencing with Section 1794) of Division 2). (27) The Criminal Background Clearance Program (Chapter 2 (commencing with Section 1337), Chapter 3 (commencing with Section 1520), Chapter 3.01 (commencing with Section 1569.15), Chapter 3.4 (commencing with Section 1496.80) of Division 2, and Chapter 4 (commencing with Section 11150) of Division 8). (c) Under the jurisdiction of the Deputy Director for Health Information and Strategic Planning: (1) The Refugee Health Program (Subpart G of Part 400 of Title 45 of the Code of Federal Regulations). (2) The Office of County Health Services (Article 5 (commencing with Section 101300) of Chapter 3 of Part 3 of Division 101; Part 4.7 (commencing with Section 16900) of Division 9 of the Welfare and Institutions Code). (3) The Medically Indigent Services Program (Article 5 (commencing with Section 101300) of Chapter 3 of Part 3 of Division 101). (4) The Office of Vital Records (Part 1 (commencing with Section 102100) of Division 102). (5) The Office of Health Information and Research (Article 1 (commencing with Section 102175) of Chapter 2 of Part 1 of Division 102; Section 128730). (6) The Local Public Health Services Program (Article 5 (commencing with Section 101300) of Chapter 3 of Part 3 of Division 101). (7) The Center for Health Statistics (Part 1 (commencing with Section 102100) of Division 102; Section 128730). (8) The Medical Marijuana Program (Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 of the Health and Safety Code). (d) Under the jurisdiction of the Deputy Director for Primary Care and Family Health: (1) The Maternal, Child and Adolescent Health program (Part 2 (commencing with Section 123225) of Division 106). (2) The Adolescent Family Life Program (Article 1 (commencing with Section 124175) of Chapter 4 of Part 2 of Division 106). (3) The Advanced Practice Nurse Training program (Part 2 (commencing with Section 123225) of Division 106). (4) The Black Infant Health Program (Part 2 (commencing with Section 123225) of Division 106). (5) The Breastfeeding Program (Article 3 (commencing with Section 123360) of Chapter 1 of Part 2 of Division 6). (6) The California Diabetes and Pregnancy Program (Part 2 (commencing with Section 123225) of Division 106). (7) The California Initiative to Improve Adolescent Health (Part 2 (commencing with Section 123225) of Division 106). (8) The Childhood Injury Prevention Program (Article 4 (commencing with Section 100325) of Chapter 2 of Division 101). (9) The Comprehensive Perinatal Services Program (Article 3 (commencing with Section 123475) of Chapter 2 of Part 2; Section 14134.5 of the Welfare and Institutions Code). (10) The Fetal and Infant Mortality Review Program (Article 1 (commencing with Section 123650) of Chapter 3 of Part 2 of Division 106). (11) The Human Stem Cell Research Program (Chapter 3 (commencing with Section 125290.10) of Part 5 of Division 106; Chapter 1 (commencing with Section 125300) of Part 5.5 of Division 106). (12) The Local Health Department Maternal, Child and Adolescent Health Program (Section 123255). (13) The Maternal Mortality Review Program (Article 4 (commencing with Section 100325) of Chapter 2 of Division 101). (14) The Oral Health Program (Part 2 (commencing with Section 123225) of Division 106). (15) The Preconception Health and Health Care Initiative (Part 2 (commencing with Section 123225) of Division 106). (16) The Regional Perinatal Programs of California (Article 4 (commencing with Section 123550) of Chapter 2 of Part 2 of Division 106). (17) The Perinatal Dispatch Centers Outreach and Education Program (Article 4 (commencing with Section 123750) of Chapter 3 of Part 2 of Division 106). (18) The State Early Childhood Comprehensive Services program (Part 2 (commencing with Section 123225) of Division 106). (19) The Sudden Infant Death Syndrome Program (Article 3 (commencing with Section 123725) of Chapter 3 of Part 2 of Division 106). (20) The Youth Pilot Program (Chapter 12.85 (commencing with Section 18987) of Part 6 of Division 9 of the Welfare and Institutions Code). (21) The Office of Family Planning (Chapter 8.5 (commencing with Section 14500) of Part 3 of Division 9 of the Welfare and Institutions Code; Division 24 (commencing with Section 24000) of the Welfare and Institutions Code), until June 30, 2012. Commencing July 1, 2012, the duties, powers, functions, jurisdiction, and responsibilities of the State Department of Public Health regarding this office are hereby with the State Department of Health Care Services. (22) The Community Challenge Grant Program (Section 14504.1 of the Welfare and Institutions Code, and Chapter 14 (commencing with Section 18993) of Part 6 of Division 9 of the Welfare and Institutions Code). (23) The Information and Education Program (Section 14504.3 of the Welfare and Institutions Code). (24) The Family PACT Program (subdivision (aa) of Section 14132 and Section 24005 of the Welfare and Institutions Code), until June 30, 2012. Commencing July 1, 2012, the duties, powers, functions, jurisdiction, and responsibilities of the State Department of Public Health regarding this program are hereby with the State Department of Health Care Services. (25) The Male Involvement Program (Section 14504 of the Welfare and Institutions Code). (26) The TeenSMART Outreach Program (Section 14504.2 of the Welfare and Institutions Code). (27) The Battered Women Shelter Program (Chapter 6 (commencing with Section 124250) of Part 2 of Division 106). (28) The Women, Infants and Children Program (Article 1 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106). (29) The WIC Supplemental Nutrition Program (Article 1 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106). (30) The Farmers Market Nutrition Program (Section 123279). (31) Genetic Disease Program (Chapter 1 (commencing with Section 124975) of Part 5 of Division 106). (32) The Newborn Screening Program (Chapter 1 (commencing with Section 124975) of Part 5 of Division 106). (33) The Prenatal Screening Program (Chapter 1 (commencing with Section 124975) of Part 5 of Division 106). (Amended by Stats. 2012, Ch. 23, Sec. 44. (AB 1467) Effective June 27, 2012.)
  172. 131052.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. )

    Verify source ↗

    The State Department of Public Health takes over specified public-health duties and powers from the former State Department of Health Services, and may arrange interagency administration for Family PACT Waiver Program payments.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131052. In implementing the transfer of jurisdiction pursuant to this article, the State Department of Public Health succeeds to and is vested with all the statutory duties, powers, purposes, responsibilities, and jurisdiction of the former State Department of Health Services as they relate to public health as provided for or referred to in all of the following provisions of law: (1) Sections 550, 555, 650, 680, 1241, 1658, 2221.1, 2248.5, 2249, 2259, 2259.5, 2541.3, 2585, 2728, 3527, 4017, 4027, 4037, 4191, 19059.5, 19120, 22950, 22973.2, and 22974.8 of the Business and Professions Code. (2) Sections 56.17, 1812.508, and 1812.543 of the Civil Code. (3) Sections 8286, 8803, 17613, 32064, 32065, 32066, 32241, 49030, 49405, 49414, 49423.5, 49452.6, 49460, 49464, 49531.1, 56836.165, and 76403 of the Education Code. (4) Sections 405, 6021, 6026, 18963, 30852, 41302, and 78486 of the Food and Agricultural Code. (5) Sections 307, 355, 422, 7572, 7574, 8706, 8817, and 8909 of the Family Code. (6) Sections 1786, 4011, 5523, 5671, 5674, 5700, 5701, 5701.5, 7115, and 15700 of the Fish and Game Code. (7) Sections 855, 51010, and 551017.1 of the Government Code. (8) (A) Sections 475, 1180.6, 1418.1, 1422.1, 1428.2, 1457, 1505, 1507.1, 1507.5, 1570.7, 1599.2, 1599.60, 1599.75, 1599.87, 2002, 2804, 11362.7, 11776, 11839.21, 11839.23, 11839.24, 11839.25, 11839.26, 11839.27, 11839.28, 11839.29, 11839.30, 11839.31, 11839.32, 11839.33, 11839.34, 17920.10, 17961, 18897.2, 24185, 24186, 24187, 24275, 26101, 26122, 26134, 26155, 26200, and 26203. (B) Chapters 1, 2, 2.05, 2.3, 2.35, 2.4, 3.3, 3.9, 3.93, 3.95, 4, 4.1, 4.5, 5, 6, 6.5, 8, 8.3, 8.5, 8.6, 9, and 11 of Division 2. (C) Articles 2 and 4 of Chapter 2, Chapter 3, and Chapter 4 of Part 1, Part 2, and Part 3 of Division 101. (D) Division 102, including Sections 102230 and 102231. (E) Division 103, including Sections 104145, 104181, 104182, 104182.5, 104187, 104191, 104192, 104193, 104316, 104317, 104318, 104319, 104320, 104321, 104324.2, 104324.25, 104350, 105191, 105251, 105255, 105280, 105340, and 105430. (F) Division 104, including Sections 106615, 106675, 106770, 108115, 108855, 109282, 109910, 109915, 112155, 112500, 112650, 113355, 114460, 114475, 114650, 114710, 114850, 114855, 114985, 115061, 115261, 115340, 115736, 115880, 115885, 115915, 116064, 116183, 116270, 116365.5, 116366, 116375, 116610, 116751, 116760.20, 116825, 117100, 117924, and 119300. (G) Division 105, including Sections 120262, 120381, 120395, 120440, 120480, 120956, 120966, 121155, 121285, 121340, 121349.1, 121480, 122410, and 122420. (H) Part 1, Part 2 excluding Articles 5, 5.5, 6, and 6.5 of Chapter 3, Part 3 and Part 5 excluding Articles 1 and 2 of Chapter 2, Part 7, and Part 8 of Division 106. (9) Sections 799.03, 10123.35, 10123.5, 10123.55, 10123.10, 10123.184, and 11520 of the Insurance Code. (10) Sections 50.8, 142.3, 144.5, 144.7, 147.2, 4600.6, 6307.1, 6359, 6712, 9009, and 9022 of the Labor Code. (11) Sections 4018.1, 5008.1, 7501, 7502, 7510, 7511, 7515, 7518, 7530, 7550, 7553, 7575, 7576, 11010, 11174.34, and 13990 of the Penal Code. (12) Section 4806 of the Probate Code. (13) Sections 15027, 25912, 28004, 30950, 41781.1, 42830, 43210, 43308, 44103, and 71081 of the Public Resources Code. (14) Section 10405 of the Public Contract Code. (15) Sections 883, 1507, and 7718 of the Public Utilities Code. (16) Sections 18833, 18838, 18845.2, 18846.2, 18847.2, 18863, 30461.6, 43010.1, and 43011.1 of the Revenue and Taxation Code. (17) Section 11020 of the Unemployment Insurance Code. (18) Sections 22511.55, 23158, 27366, and 33000 of the Vehicle Code. (19) Sections 5326.9, 5328, 5328.15, 14132, 16902, and 16909, and Division 24 of the Welfare and Institutions Code. Payment for services provided under the Family Planning, Access, Care, and Treatment (Family PACT) Waiver Program pursuant to subdivision (aa) of Section 14132 and Division 24 shall be made through the State Department of Health Care Services. The State Department of Public Health and the State Department of Health Care Services may enter into an interagency agreement for the administration of those payments. This paragraph, to the extent that it applies to the Family PACT Waiver Program, shall become inoperative on June 30, 2012. (20) Sections 13176, 13177.5, 13178, 13193, 13390, 13392, 13392.5, 13393.5, 13395.5, 13396.7, 13521, 13522, 13523, 13528, 13529, 13529.2, 13550, 13552.4, 13552.8, 13553, 13553.1, 13554, 13554.2, 13816, 13819, 13820, 13823, 13824, 13825, 13827, 13830, 13834, 13835, 13836, 13837, 13858, 13861, 13862, 13864, 13868, 13868.1, 13868.3, 13868.5, 13882, 13885, 13886, 13887, 13891, 13892, 13895.1, 13895.6, 13895.9, 13896, 13896.3, 13896.4, 13896.5, 13897, 13897.4, 13897.5, 13897.6, 13898, 14011, 14012, 14015, 14016, 14017, 14019, 14022, 14025, 14026, 14027, and 14029 of the Water Code. (Amended by Stats. 2022, Ch. 28, Sec. 115. (SB 1380) Effective January 1, 2023.)
  173. 131052.5.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. )

    Verify source ↗

    Starting July 1, 2022, a state office takes over the State Department of Public Health’s duties for COVID-19 vaccine public education and outreach campaigns.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131052.5. Commencing July 1, 2022, the Office of Community Partnerships and Strategic Communications, an office within the Governor’s Office of Service and Community Engagement, succeeds to, and is vested with, all the duties and responsibilities of the State Department of Public Health related to the administration or implementation of the COVID-19 vaccine-related public education and outreach campaigns in the manner described in Section 65052.7 of the Government Code. (Amended by Stats. 2024, Ch. 41, Sec. 55. (SB 164) Effective June 29, 2024.)
  174. 131053.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. )

    Verify source ↗

    If Sections 131050, 131051, and 131052 conflict, Section 131052 controls over Section 131051, and Section 131050 controls over Sections 131051 and 131052.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131053. In the event of any conflict between Sections 131050, 131051, and 131052, Section 131052 shall prevail over Section 131051, and Section 131050 shall prevail over Sections 131051 and 131052. (Added by Stats. 2006, Ch. 241, Sec. 34. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  175. 131055.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. )

    Verify source ↗

    This section keeps prior health department regulations in force, transfers certain assets and personnel to the State Department of Public Health, and requires pending actions to continue with that department substituted in.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131055. (a) All regulations and orders adopted by the former State Department of Health Services and any of its predecessors in effect immediately preceding the operative date of this section shall remain in effect and shall be fully enforceable unless and until readopted, amended, or repealed, or until they expire by their own terms. Any action by or against the former State Department of Health Services or any of its predecessors pertaining to matters vested in the State Department of Public Health by this chapter shall not abate but shall continue in the name of the State Department of Public Health, and the State Department of Public Health shall be substituted for the former State Department of Health Services and any of its predecessors by the court wherein the action is pending. The substitution shall not in any way affect the rights of the parties to the action. (b) On and after the operative date of this section, the unexpended balance of all funds available for use by the former State Department of Health Services or any of its predecessors in carrying out any functions transferred to the State Department of Public Health shall be available for use by the State Department of Public Health. (c) All books, documents, records, and property of the former State Department of Health Services pertaining to functions transferred to the Department of Public Health shall be transferred to the State Department of Public Health. (d) On and after the operative date of this section, positions other than that of the State Public Health Officer and the Chief Deputy filled by appointment by the Governor in the former State Department of Health Services whose principal assignment was to perform functions transferred to the State Department of Public Health shall be transferred to the State Department of Public Health. Individuals in positions transferred pursuant to this section shall serve at the pleasure of the Governor. Salaries of positions transferred shall remain at the level established pursuant to law unless otherwise provided. (e) Every officer and employee of the former State Department of Health Services who is performing a function transferred to the State Department of Public Health and who is serving in the state civil service, other than as a temporary employee, shall be transferred to the State Department of Public Health pursuant to the provisions of Section 19050.9 of the Government Code. The status, position, and rights of any officer or employee of the former State Department of Health Services shall not be affected by the transfer and shall be retained by the person as an officer or employee of the State Department of Public Health, as the case may be, pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code), except as to a position that is exempt from civil service. (Added by Stats. 2006, Ch. 241, Sec. 34. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  176. 131055.1.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. )

    Verify source ↗

    This section transfers specified public health program duties and related authority from the State Department of Public Health to the State Department of Health Care Services, starting July 1, 2012.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131055.1. (a) Notwithstanding Section 131050, commencing on July 1, 2012, the State Department of Health Care Services shall succeed to and be vested with all the duties, powers, purposes, functions, responsibilities, and jurisdiction of the State Department of Public Health as they relate to the Breast and Cervical Cancer Screening Program pursuant to Article 1.3 (commencing with Section 104150) of Chapter 1, the Breast and Cervical Cancer Treatment Program pursuant to Article 1.5 (commencing with Section 104160) of Chapter 1, the Prostate Cancer Screening Program pursuant to Chapter 6 (commencing with Section 104310), the IMPACT Prostate Cancer Treatment Program pursuant to Chapter 7 (commencing with Section 104322) of Part 1 of Division 103, translation services pursuant to Part 3 (commencing with Section 124300) of Division 106, the Office of Family Planning pursuant to Chapter 8.5 (commencing with Section 14500) of Part 3 of Division 9 of the Welfare and Institutions Code, excluding the Personal Responsibility Education Federal Grant Program, the Family Planning, Access, Care, and Treatment (Family PACT) Program pursuant to subdivision (aa) of Section 14132, and the State-Only Family Planning Program pursuant to Division 24 (commencing with Section 24000) of the Welfare and Institutions Code. (b) Commencing July 1, 2012, any reference to the State Department of Public Health with regard to the Breast and Cervical Cancer Screening Program pursuant to Article 1.3 (commencing with Section 104150) of Chapter 1, the Breast and Cervical Cancer Treatment Program pursuant to Article 1.5 (commencing with Section 104160) of Chapter 1, the Prostate Cancer Screening Program pursuant to Chapter 6 (commencing with Section 104310), the IMPACT Prostate Cancer Treatment Program pursuant to Chapter 7 (commencing with Section 104322) of Part 1 of Division 103, translation services pursuant to Part 3 (commencing with Section 124300) of Division 106, the Office of Family Planning pursuant to Chapter 8.5 (commencing with Section 14500) of Part 3 of Division 9 of the Welfare and Institutions Code, excluding the Personal Responsibility Education Federal Grant Program, the Family Planning, Access, Care, and Treatment (Family PACT) Program pursuant to subdivision (aa) of Section 14132, or the State-Only Family Planning Program pursuant to Division 24 (commencing with Section 24000) of the Welfare and Institutions Code, shall refer to the State Department of Health Care Services. (c) All regulations and orders adopted by the State Department of Public Health and any of its predecessors in effect prior to July 1, 2012, shall remain in effect and shall be fully enforceable unless and until readopted, amended, or repealed, or until they expire by their own terms. Any action by or against the State Department of Public Health and any of its predecessors pertaining to matters vested in the State Department of Health Care Services by this act shall not abate but shall continue in the name of the State Department of Health Care Services, and the State Department of Health Care Services shall be substituted for the State Department of Public Health and any of its predecessors by the court wherein the action is pending. The substitution shall not in any way affect the rights of the parties to the action. (d) Commencing July 1, 2012, the unexpended balance of all funds available for use by the State Department of Public Health or any of its predecessors in carrying out any functions transferred to the State Department of Health Care Services shall be available for use by the State Department of Health Care Services. (e) Commencing July 1, 2012, all books, documents, records, and property of the State Department of Public Health pertaining to functions transferred to the State Department of Health Care Services shall be transferred to the State Department of Health Care Services. (f) Commencing July 1, 2012, positions filled by appointment by the Governor in the State Department of Public Health whose principal assignment was to perform functions transferred to the State Department of Health Care Services shall be transferred to the State Department of Health Care Services. Individuals in positions transferred pursuant to this subdivision shall serve at the pleasure of the Governor. Salaries of positions transferred shall remain at the level established pursuant to law unless otherwise provided. (g) Commencing July 1, 2012, every officer and employee of the State Department of Public Health who is performing a function transferred to the State Department of Health Care Services and who is serving in the state civil service, other than as a temporary employee, shall be transferred to the State Department of Health Care Services pursuant to the provisions of Section 19050.9 of the Government Code. The status, position, and rights of any officer or employee of the State Department of Public Health shall not be affected by the transfer and shall be retained by the person as an officer or employee of the State Department of Health Care Services, as applicable, pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code), except for a position that is exempt from civil service. (h) No contract, lease, license, or any other agreement to which the State Department of Public Health is a party shall be void or voidable by reason of this act, but shall continue in full force and effect, with State Department of Health Care Services assuming all of the rights, obligations, liabilities, and duties of the State Department of Public Health as relates to the duties, powers, purposes, responsibilities, and jurisdiction vested by this section in the State Department of Health Care Services. The assumption by the State Department of Health Care Services shall not in any way affect the rights of the parties to any contract, lease, license, or agreement. (Added by Stats. 2012, Ch. 23, Sec. 46. (AB 1467) Effective June 27, 2012.)
  177. 131055.2.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. )

    Verify source ↗

    This section transfers gambling-program duties and related assets, records, employees, and agreements to the State Department of Public Health, and keeps prior actions and cases in effect.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131055.2. (a) Commencing July 1, 2013, the State Department of Public Health shall succeed to and be vested with all the duties, powers, purposes, functions, responsibilities, and jurisdiction of the former State Department of Alcohol and Drug Programs as they relate to the Office of Problem and Pathological Gambling (Chapter 8 (commencing with Section 4369) of Part 3 of Division 4 of the Welfare and Institutions Code). (b) For purposes of the Office of Problem and Pathological Gambling (Chapter 8 (commencing with Section 4369) of Part 3 of Division 4 of the Welfare and Institutions Code) and the Gambling Addiction Program Fund (Article 12 (commencing with Section 19950) of Chapter 5 of Division 8 of the Business and Professions Code), references to the State Department of Alcohol and Drug Programs shall refer to the State Department of Public Health. (c) All fees collected from licensees in accordance with Article 12 (commencing with Section 19950) of Chapter 5 of Division 8 of the Business and Professions Code and deposited into the Gambling Addiction Program Fund shall be available to the State Department of Public Health in accordance with the requirements of that section. (d) Notwithstanding any other law, any reference in statute, regulation, or contract to the State Department of Alcohol and Drug Programs or the State Department of Alcohol and Drug Abuse shall be construed to refer to the State Department of Public Health when it relates to the transfer of duties, powers, purposes, functions, responsibilities, and jurisdiction made pursuant to this section. (e) No contract, lease, license, or any other agreement to which the State Department of Alcohol and Drug Programs is a party shall be made void or voidable by reason of this section, but shall continue in full force and effect with the State Department of Public Health assuming all of the rights, obligations, and duties of the State Department of Alcohol and Drug Programs with respect to the transfer of duties, powers, purposes, functions, responsibilities, and jurisdiction made pursuant to this section. (f) (1) All unexpended balances of appropriations and other funds available for use by the State Department of Alcohol and Drug Programs in connection with any function or the administration of any law transferred to the State Department of Public Health pursuant to the act that enacted this section shall be available for use by the State Department of Public Health for the purpose for which the appropriation was originally made or the funds were originally available. (2) The State Department of Public Health may, until July 1, 2017, liquidate the prior years’ encumbrances previously obligated by the Office of Problem and Pathological Gambling. The Controller shall transfer all balances of the following Budget Act appropriations from the Office of Problem and Pathological Gambling to the State Department of Public Health, for use by the State Department of Public Health to liquidate any prior years’ encumbrances previously obligated by the Office of Problem and Pathological Gambling: (A) Items 4200-001-0367, 4200-101-0367, and 4200-001-3110 of Section 2.00 of the Budget Act of 2011 (Chapter 33 of the Statutes of 2011). (B) Items 4200-001-0367, 4200-101-0367, and 4200-001-3110 of Section 2.00 of the Budget Act of 2012 (Chapter 21 of the Statutes of 2012). (g) All books, documents, forms, records, data systems, and property of the State Department of Alcohol and Drug Programs with respect to the transfer of duties, powers, purposes, functions, responsibilities, and jurisdiction made pursuant to this section shall be transferred to the State Department of Public Health. (h) Positions filled by appointment by the Governor in the State Department of Alcohol and Drug Programs whose principal assignment was to perform functions transferred pursuant to this section shall be transferred to the State Department of Public Health. All employees serving in state civil service, other than temporary employees, who are engaged in the performance of functions transferred pursuant to this section, are transferred to the State Department of Public Health pursuant to the provisions of Section 19050.9 of the Government Code. The status, positions, and rights of those persons shall not be affected by their transfer and shall continue to be retained by them pursuant to the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code), except as to positions the duties of which are vested in a position exempt from civil service. The personnel records of all employees transferred pursuant to this section shall be transferred to the State Department of Public Health. (i) Any regulation, order, or other action adopted, prescribed, taken, or performed by an agency or officer in the administration of a program or the performance of a duty, power, purpose, function, or responsibility pursuant to the Office of Problem and Pathological Gambling (Chapter 8 (commencing with Section 4369) of Part 3 of Division 4 of the Welfare and Institutions Code) and the Gambling Addiction Program Fund (Article 12 (commencing with Section 19950) of Chapter 5 of Division 8 of the Business and Professions Code) in effect prior to July 1, 2013, shall remain in effect unless or until amended, readopted, or repealed, or until they expire by their own terms, and shall be deemed to be a regulation or action of the agency to which or officer to whom the program, duty, power, purpose, function, responsibility, or jurisdiction is assigned pursuant to this section. (j) No suit, action, or other proceeding lawfully commenced by or against any agency or other officer of the state, in relation to the administration of any program or the discharge of any duty, power, purpose, function, or responsibility transferred pursuant to this section, shall abate by reason of the transfer of the program, duty, power, purpose, function, or responsibility under this section. (Amended by Stats. 2013, Ch. 361, Sec. 2. (SB 101) Effective September 26, 2013.)
  178. 131056.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. )

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    The department may bring, maintain, and defend legal actions to enforce public health regulations and protect public health.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131056. The department may commence and maintain all proper and necessary actions and proceedings for any or all of the following purposes: (a) To enforce its regulations. (b) To enjoin and abate nuisances dangerous to health. (c) To compel the performance of any act specifically enjoined upon any person, officer, or board, by any law of this state relating to the public health. (d) To protect and preserve the public health. It may defend all actions and proceedings involving its powers and duties. In all actions and proceedings it shall sue and be sued under the name of the department. (Added by Stats. 2006, Ch. 241, Sec. 34. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  179. 131057.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. )

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    The director may accept certain grants and gifts, but only with Department of Finance approval and only for use in the department’s work.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131057. With the approval of the Department of Finance, and for use in the furtherance of the work of the department, the director may accept (a) grants of interest in real property, and (b) gifts of money from public agencies or from organizations or associations organized for scientific, educational, or charitable purposes. (Added by Stats. 2006, Ch. 241, Sec. 34. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  180. 131057.5.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. )

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    The State Department of Public Health must seek federal funding for healthy eating and obesity prevention, and may use received funding to provide in-kind support and grants for eligible local recipients.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131057.5. (a) The State Department of Public Health shall investigate and apply for federal funding opportunities regarding promoting healthy eating and preventing obesity, including, but not limited to, those available under the federal Food, Conservation, and Energy Act of 2008 (Public Law 110-234), the federal Patient Protection and Affordable Care Act (Public Law 111-148), and the federal Healthy, Hunger-Free Kids Act of 2010 (Public Law 111-296). (b) Upon receipt of federal funding regarding promoting healthy eating and preventing obesity, the State Department of Public Health may, in its sole discretion, provide in-kind support and award grants to support local assistance to local governments, nonprofit organizations, and local education agencies that the department deems eligible to encourage the sale and consumption of fresh fruits and vegetables, implement programs and initiatives that prevent obesity and hunger, and promote healthy eating and access to nutritious food in underserved and urban and rural communities. The award of these grants shall be exempt from the State Contract Act (Part 2 (commencing with Section 10100)) of Division 2 of the Public Contract Code. (Added by Stats. 2011, Ch. 503, Sec. 2. (AB 152) Effective January 1, 2012.)
  181. 131058.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. )

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    The State Department of Public Health may investigate, apply for, and enter into agreements to secure funding opportunities for public health, but federal funding must comply with Government Code Section 13326 and nongovernmental funding is subject to applicable administrative review and approval.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131058. The State Department of Public Health may investigate, apply for, and enter into agreements to secure federal or nongovernmental funding opportunities for the purposes of advancing public health, subject to the provisions of Section 13326 of the Government Code for federal funding or applicable administrative review and approval for nongovernmental funding opportunities. (Added by Stats. 2014, Ch. 31, Sec. 29. (SB 857) Effective June 20, 2014.)
  182. 13106.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    During a fire, the State Fire Marshal may protect affected property until the owner or claimant arrives, and may store it at the owner’s or claimant’s expense if they do not take charge within 24 hours.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13106. During the existence of a fire, the State Fire Marshal may protect any property which is affected thereby until the arrival of the owner or claimant. If the owner or claimant does not take charge of the property within twenty-four hours, the State Fire Marshal may store it at the owner’s or claimant’s expense. (Enacted by Stats. 1939, Ch. 60.)
  183. 13107.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal must investigate certain fires and explosions, help train fire department personnel, maintain an arson investigation unit, and report suspected crimes in writing to the district attorney.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13107. (a) The State Fire Marshal shall investigate every explosion or fire occurring in any state institution, state-owned building, or any building which is determined, pursuant to regulations adopted by the State Fire Marshal, to be state occupied, and every explosion or fire occurring in those areas of the state not under the jurisdiction of a legally organized fire department or fire protection district or other public entity, including, but not limited to, the state, which provides fire protection in which there is suspicion that the crime of arson or attempted arson has been committed. (b) Upon request of the chief fire official of a legally organized fire department or fire protection district, or the governing body thereof, or upon request of the chief of a police department or the sheriff regarding a fire which occurs in an area where there is no operating arson investigation unit, the State Fire Marshal shall, within the limitation of resources and manpower established for those purposes, investigate any explosion or fire occurring within the jurisdiction of the requesting official in which there is suspicion that the crime of arson or attempted arson has been committed. (c) The State Fire Marshal shall cooperate in the establishment of a program for training fire department personnel in arson investigation and detection. (d) In order to carry out his or her responsibilities and duties pursuant to this section, the State Fire Marshal shall establish an arson investigation unit within his or her office, which shall be staffed with necessary personnel to perform the function for which the unit is established. (e) If there is reason to believe that any fire or explosion investigated by the State Fire Marshal resulted from a crime or that a crime has been committed in connection with it, the State Fire Marshal shall report that fact in writing to the district attorney of the county in which the fire or explosion occurred. (Amended by Stats. 1996, Ch. 332, Sec. 9. Effective January 1, 1997.)
  184. 13107.5.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal may investigate certain pipeline breaks and must investigate pipeline explosions or fires reported by a local agency. The Marshal may also immediately order a pipeline closed when public safety requires it.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13107.5. The State Fire Marshal may investigate every break, and shall investigate every explosion or fire, involving a pipeline reported by a local agency pursuant to Chapter 5.5 (commencing with Section 51010) of Division 1 of Title 5 of the Government Code. The State Fire Marshal may immediately order any pipeline closed when it is determined to be necessary to do so in the interests of public safety. The pipeline shall remain closed until it is determined that operations may be resumed with safety or until any discovered safety defect has been remedied or repaired. (Added by Stats. 1981, Ch. 861.)
  185. 131071.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. )

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    When the department holds certain adjudicative hearings, it must follow specified Government Code procedures, use an administrative law judge, and keep required notice and discovery protections; it may also adopt some alternative or informal procedures by regulation.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131071. Notwithstanding any other provision of law, whenever the department is authorized or required by statute, regulation, the due process provisions of the 14th amendment to the United States Constitution, and of subdivision (a) of Section 7 of Article I of the California Constitution, or required by contract, to conduct an adjudicative hearing leading to a final decision of the director or the department, all of the following shall apply: (a) The proceeding shall be conducted pursuant to the administrative adjudication provisions of Chapter 4.5 (commencing with Section 11400) and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, except as specified in this section. (b) Notwithstanding Section 11502 of the Government Code, whenever the department conducts a hearing under Chapter 4.5 (commencing with Section 11400) or Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, the hearing shall be conducted before an administrative law judge selected by the department and assigned to a hearing office that complies with the procedural requirements of Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code. (c) (1) Notwithstanding Section 11508 of the Government Code, whenever the department conducts a hearing under Chapter 4.5 (commencing with Section 11400) or Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, the time and place of the hearing shall be determined by the staff assigned to the hearing office hearing the matter, except as provided in paragraph (2) or unless the department by regulation specifies otherwise. (2) Formal hearings requested by health facilities shall be held in the City of Sacramento. (d) (1) Unless otherwise specified in this section, the following sections of the Government Code shall apply to any adjudicative hearing conducted by the department only if the department has not, by regulation, specified an alternative procedure for the particular type of hearing at issue: Section 11503 relating to accusations, Section 11504 relating to statements of issues, Section 11505 relating to the contents of the statement to respondent, Section 11506 relating to the notice of defense, Section 11507.6 relating to discovery rights and procedures, Section 11508 relating to the time and place of hearings, and Section 11516 relating to amendment of accusations. (2) Any alternative procedure specified by the department in accordance with this subdivision shall conform to the purpose of the Government Code provision it replaces insofar as it is possible to do so consistent with the specific procedural requirements applicable to the type of hearing at issue. (3) Any alternative procedures adopted by the department under this subdivision shall not diminish the amount of notice given of the issues to be heard by the department or deprive appellants of the right to discovery suitable to the particular proceedings. Except as specified in paragraph (2) of subdivision (c), modifications of timeframes or of the place of hearing made by regulation shall not lengthen timeframes within which the department is required to act nor require hearings to be held at a greater distance from the appellant’s place of residence or business than is the case under the otherwise applicable Government Code provision. (e) The specific timelines specified in Section 11517 of the Government Code shall not apply to any adjudicative hearing conducted by the department to the extent that the department has, by regulation, specified different timelines for the particular type of hearing at issue. (f) In the case of any adjudicative hearing conducted by the department, “transcript,” as used in subdivision (c) of Section 11517 of the Government Code, shall be deemed to include any alternative form of recordation of the oral proceedings, including, but not limited to, an audiotape. (g) Pursuant to Section 11415.50 of the Government Code, the department may, by regulation, provide for any appropriate informal procedure to be used for an informal level of review that does not itself lead to a final decision of the department or the director. The procedures specified in Article 10 (commencing with Section 11445.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to the informal level of review. Informal conferences concerning appeals by health facilities may be held in the Cities of Sacramento or Los Angeles. (h) Notwithstanding any other provision of law, any adjudicative hearing conducted by the department that is conducted pursuant to a federal statutory or regulatory requirement that contains specific procedures may be conducted pursuant to those procedures to the extent they are inconsistent with the procedures specified in this section. (i) Nothing in this section shall supersede express provisions of law that apply to any hearing that is not adjudicative in nature or that does not involve due process rights specific to an individual or specific individuals, as opposed to the general public or a segment of the general public. (j) The regulations of the former State Department of Health Services pertaining to adjudicative hearings pursuant to Section 100171 shall apply to the department until the department adopts regulations superseding those regulations. The department may enter into an interagency agreement with the State Department of Health Care Services to have the hearing office of the State Department of Health Care Services conduct adjudicative hearings on behalf of the department in accordance with this section. (Added by Stats. 2007, Ch. 483, Sec. 37.7. Effective January 1, 2008.)
  186. 131075.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. )

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    The department may enjoin and abate public nuisances.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131075. The department may enjoin and abate public nuisances. (Added by renumbering Section 100175 by Stats. 2006, Ch. 241, Sec. 19. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  187. 13108.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal must adopt and enforce fire-safety building standards and related regulations for certain state buildings, and some local fire officials may enter or inspect those buildings in limited circumstances.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13108. (a) Except as limited by Chapter 6 (commencing with Section 140) of Division 1 of the Labor Code and Section 18930 of this code, the State Fire Marshal shall prepare and adopt building standards, not inconsistent with existing laws or ordinances, relating to fire protection in the design and construction of the means of egress and the adequacy of exits from, and the installation and maintenance of fire alarm and fire extinguishment equipment or systems in, any state institution or other state-owned building or in any specified state-occupied building and submit those building standards to the State Building Standards Commission for approval pursuant to Chapter 4 (commencing with Section 18935) of Part 2.5 of Division 13. The State Fire Marshal shall prepare and adopt regulations other than building standards for the installation and maintenance of equipment and furnishings that present unusual fire hazards in any state institution or other state-owned building or in any specified state-occupied building. The State Fire Marshal shall adopt those regulations as are reasonably necessary to define what buildings shall be considered as state-occupied buildings. (b) The fire chief of any city, county, city and county, or fire protection district, or that official’s authorized representative, may enter any state institution or any other state-owned or state-occupied building for the purpose of preparing a fire suppression preplanning program or for the purpose of investigating any fire in a state-occupied building. (c) Except as otherwise provided in this section, the State Fire Marshal shall enforce the regulations adopted by the State Fire Marshal and building standards relating to fire and panic safety published in the California Building Standards Code in all state-owned buildings, specified state-occupied buildings, and state institutions throughout the state. Upon written request from the chief fire official of any city, county, city and county, or fire protection district, or a Designated Campus Fire Marshal, pursuant to Section 13146, the State Fire Marshal may authorize that person and their authorized representatives, in their geographical area of responsibility, to make fire prevention inspections of state-owned or specified state-occupied buildings, other than state institutions, for the purpose of enforcing the regulations relating to fire and panic safety adopted by the State Fire Marshal pursuant to this section and building standards relating to fire and panic safety published in the California Building Standards Code. Authorization from the State Fire Marshal shall be limited to those fire departments or fire districts that maintain a fire prevention bureau staffed by paid personnel. (d) Any requirement or order made by a chief fire official or Designated Campus Fire Marshal pursuant to this section may be appealed to the State Fire Marshal. The State Fire Marshal shall, upon receiving an appeal and subject to Chapter 5 (commencing with Section 18945) of Part 2.5 of Division 13, determine if the requirement or order made is reasonably consistent with the fire and panic safety regulations adopted by the State Fire Marshal and building standards relating to fire and panic safety published in the California Building Standards Code. (e) For purposes of subdivisions (a) and (c), “specified state-occupied building” shall mean a building that is leased or rented by the state, in whole or in part, and is any of the following: (1) A building where the state has entered into a build-to-suit lease. (2) A trial court facility with a detention area. (3) A building used by the Department of Corrections and Rehabilitation as a reentry facility. (4) Any other building specified by the State Fire Marshal through adopted regulations. (f) This section does not prohibit the State Fire Marshal from entering and enforcing the regulations relating to fire and panic safety adopted by the State Fire Marshal and building standards relating to fire and panic safety published in the California Building Standards Code in any publicly or privately owned building occupied by the state, in whole or in part, whenever the State Fire Marshal determines that enforcement by the State Fire Marshal is necessary for the safety of state workers or wards. (Amended by Stats. 2019, Ch. 31, Sec. 6. (SB 85) Effective June 27, 2019.)
  188. 13108.1.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal must review flammability standards for building insulation materials and may, if appropriate, propose updated standards to the California Building Standards Commission by July 1, 2015.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13108.1. The State Fire Marshal, in consultation with the Bureau of Household Goods and Services, shall review the flammability standards for building insulation materials, including whether the flammability standards for some insulation materials can only be met with the addition of chemical flame retardants. Based on this review, and if the State Fire Marshal deems it appropriate, he or she shall, by July 1, 2015, propose for consideration by the California Building Standards Commission, to be adopted at the sole discretion of the commission, updated insulation flammability standards that accomplish both of the following: (a) Maintain overall building fire safety. (b) Ensure that there is adequate protection from fires that travel between walls and into confined areas, including crawl spaces and attics, for occupants of the building and any firefighters who may be in the building during a fire. (Amended by Stats. 2018, Ch. 578, Sec. 35. (SB 1483) Effective January 1, 2019.)
  189. 13108.5.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    This section requires the State Fire Marshal and related agencies to propose, adopt, consider, or recommend building standards for fire protection in specified fire hazard areas, and allows local agencies to include or exclude areas from those standards under defined findings.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13108.5. (a) The State Fire Marshal, in consultation with the Director of Forestry and Fire Protection and the Director of Housing and Community Development, shall, pursuant to Section 18930, propose fire protection building standards for roofs, exterior walls, structure projections, including, but not limited to, porches, decks, balconies, and eaves, and structure openings, including, but not limited to, attic and eave vents and windows of buildings in fire hazard severity zones, including very high fire hazard severity zones designated by the State Fire Marshal pursuant to Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code. (b) (1) Building standards adopted pursuant to this section shall also apply to buildings located in very high fire hazard severity zones designated pursuant to Chapter 6.8 (commencing with Section 51175) of Part 1 of Division 1 of Title 5 of the Government Code, and other areas designated by a local agency following a finding supported by substantial evidence in the record that the requirements of the building standards adopted pursuant to this section are necessary for effective fire protection within the area. (2) Upon identification by the Director of Forestry and Fire Protection pursuant to Section 51178 of the Government Code of high fire hazard severity zones and by a local agency pursuant to Section 51179 of the Government Code, the Office of the State Fire Marshal and the Department of Housing and Community Development shall propose, and the California Building Standards Commission shall adopt, expanded application of the building standards adopted pursuant to this section to high fire hazard severity zones during the next triennially occurring code adoption cycle. (3) The State Fire Marshal and the Department of Housing and Community Development shall, after consulting with interested stakeholders, including local fire officials, consider if it is appropriate to expand application of the building standards adopted pursuant to this section to moderate fire hazard severity zones. If it is found appropriate, the State Fire Marshal and the Department of Housing and Community Development shall, pursuant to Section 18930, recommend expanding the application of the building standards adopted pursuant to this section to moderate fire hazard severity zones. (c) Building standards adopted pursuant to this section shall also apply to buildings located in urban wildland interface communities. A local agency may, at its discretion, include in or exclude from the requirements of these building standards any area in its jurisdiction following a finding supported by substantial evidence in the record at a public hearing that the requirements of these building standards are necessary or not necessary, respectively, for effective fire protection within the area. Changes made by a local agency to an urban wildland interface community area following a finding supported by substantial evidence in the record shall be final and shall not be rebuttable. (d) For purposes of subdivision (c), “urban wildland interface community” means a community listed in “Communities at Risk from Wild Fires,” produced by the California Department of Forestry and Fire Protection, Fire and Resource Assessment Program, pursuant to the National Fire Plan, federal Fiscal Year 2001 Department of the Interior and Related Agencies Appropriations Act (Public Law 106-291). (Amended by Stats. 2021, Ch. 382, Sec. 6.5. (SB 63) Effective January 1, 2022.)
  190. 13108.5.1.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal must research and develop fire-resistance building standards before the next triennial California Building Standards Code edition after January 1, 2023, and may propose them to the California Building Standards Commission. The Commission must consider the proposed standards for adoption.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13108.5.1. (a) The State Fire Marshal shall, prior to the next triennial edition of the California Building Standards Code (Title 24 of the California Code of Regulations) adopted after January 1, 2023, research and develop, and may propose to the California Building Standards Commission, mandatory building standards for fire resistance based on occupancy risk categories in very high, high, and moderate California fire severity zones in state responsibility areas, local responsibility areas, and in land designated as a Wildland Urban Interface Fire Area by cities and other local agencies under the scope of Chapter 7A (Materials and Construction Methods for Exterior Wildfire Exposure) of the California Building Standards Code. The building standards required under this section shall apply to nonresidential, critical infrastructure buildings and shall include both of the following: (1) Fire rating requirements for structures under Risk Category III and IV as per ASCE 7 in addition to ignition-resistant construction. (2) For Risk Category III and IV structures, require fire ratings of four hours, three hours, and two hours in very high, high, and moderate severity zones, respectively. (b) As used in this section, “ASCE 7” means the Minimum Design Loads and Associated Criteria for Buildings and Other Structures, as adopted by the American Society of Civil Engineers. (c) The California Building Standards Commission shall consider for adoption the building standards proposed by the State Fire Marshal pursuant to subdivision (a). (Added by Stats. 2022, Ch. 284, Sec. 1. (AB 2322) Effective January 1, 2023.)
  191. 13108.5.2.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal must research standards for certain apartment houses and submit a report to specified legislative committees and the California Building Standards Commission by January 1, 2026.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13108.5.2. (a) The State Fire Marshal shall research standards for single-exit, single stairway apartment houses, with more than two dwelling units, in buildings above three stories and provide a report to the Senate Committee on Governmental Organization, the Assembly Committee on Emergency Management, the Joint Legislative Committee on Emergency Management, and the California Building Standards Commission by January 1, 2026. (b) The report required pursuant to subdivision (a) shall address fire and life safety or emergency activities in single-exit, single stairway apartment houses, with more than two dwelling units, in buildings above three stories. (c) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2028. (Added by Stats. 2023, Ch. 345, Sec. 1. (AB 835) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions.)
  192. 13108.6.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal may make rules about firefighters’ roof access at commercial establishments and may limit fences that block that access.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13108.6. The State Fire Marshal may adopt regulations specifying the access to roof areas of commercial establishments which firefighters shall have and may limit or restrict the use of razor wire fences, chain link fences, or any other fences which would obstruct that access. For purposes of this section, “commercial establishment” shall not include any facility of a public utility. (Added by Stats. 1984, Ch. 632, Sec. 1.)
  193. 13108.9.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    The State Fire Marshal must adopt regulations requiring emergency backup power for public address systems in certain large public-assembly buildings and structures.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13108.9. The State Fire Marshal shall adopt regulations to require a public address system with an emergency backup power system for all buildings or structures constructed on or after July 1, 1991, which are intended for public assemblies of 10,000 or more persons. The State Fire Marshal shall adopt regulations to require any existing building or structure intended for public assemblies of 10,000 or more persons which, on or after January 1, 1991, has or subsequently installs a public address system, to have an emergency backup power system for the public address system. (Added by Stats. 1990, Ch. 1426, Sec. 1.)
  194. 131080.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. )

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    The department may advise local health authorities, and must control and regulate their actions when it judges that public health is threatened.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131080. The department may advise all local health authorities, and, when in its judgment the public health is menaced, it shall control and regulate their action. (Added by renumbering Section 100180 by Stats. 2006, Ch. 241, Sec. 20. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  195. 131082.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. )

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    A person responsible for a public-health duty must not willfully fail or refuse to perform it; doing so is a misdemeanor.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131082. Every person charged with the performance of any duty under the laws of this state relating to the preservation of the public health, who willfully neglects or refuses to perform the same, is guilty of a misdemeanor. (Added by renumbering Section 100182 by Stats. 2006, Ch. 241, Sec. 21. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  196. 131085.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. )

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    The department may carry out public-health activities and use several methods to do so, including direct performance, agreements, and grants.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131085. (a) The department may perform any of the following activities relating to the protection, preservation, and advancement of public health: (1) Studies. (2) Demonstrations of innovative methods. (3) Evaluations of existing projects. (4) Provision of training programs. (5) Dissemination of information. (b) In performing an activity specified in subdivision (a), the department may do any of the following: (1) Perform the activity directly. (2) Enter into contracts, cooperative agreements, or other agreements for the performance of the activity. (3) Apply for and receive grants for the performance of the activity. (4) Award grants for the performance of the activity. (Added by renumbering Section 100185 by Stats. 2006, Ch. 241, Sec. 22. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  197. 131088.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. )

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    The department may not block earn-and-learn training programs in health profession licensing and certification, and it must use standards that allow such training.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131088. (a) The department, in the licensing and certification of health professions in accordance with this chapter, shall not prohibit earn and learn programs for training of personnel. The department shall use licensing and certification standards that authorize the use of earn and learn training. (b) Notwithstanding subdivision (a), the department shall not be required to establish a mandate specifying an accrediting entity must provide earn and learn programs for training in a profession licensed or certified by the department. (c) As used in this section, “earn and learn” has the same meaning as defined in subdivision (q) of Section 14005 of the Unemployment Insurance Code. (d) This section shall become operative on January 1, 2024. (Added by Stats. 2021, Ch. 477, Sec. 3. (AB 1273) Effective January 1, 2022. Operative January 1, 2024, by its own provisions.)
  198. 13109.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. )

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    Fire officials may enter non-dwelling premises at reasonable hours to enforce the chapter, and the owner, lessee, manager, or operator must allow entry and inspection.

    ## Health and Safety Code - HSC ## DIVISION 12. FIRES AND FIRE PROTECTION [13000 - 14959] ( Division 12 enacted by Stats. 1939, Ch. 60. ) ## PART 2. FIRE PROTECTION [13100 - 13263] ( Part 2 enacted by Stats. 1939, Ch. 60. ) ## CHAPTER 1. State Fire Marshal [13100 - 13159.10] ( Chapter 1 enacted by Stats. 1939, Ch. 60. ) ## ARTICLE 1. General [13100 - 13135] ( Heading of Article 1 added by Stats. 1945, Ch. 1173. ) ## 13109. The State Fire Marshal, his or her deputies, or his or her salaried assistants, the chief of any city or county fire department or fire protection district and their authorized representatives may enter any building or premises not used for dwelling purposes at any reasonable hour for the purpose of enforcing this chapter. The owner, lessee, manager or operator of any such building or premises shall permit the State Fire Marshal, his or her deputies, his or her salaried assistants and the chief of any city or county fire department or fire protection district and their authorized representatives to enter and inspect them at the time and for the purpose stated in this section. (Amended by Stats. 1996, Ch. 332, Sec. 11. Effective January 1, 1997.)
  199. 131090.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. )

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    The department may provide consultant and advisory services, train technical and professional personnel, and establish and maintain field training centers.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131090. The department may provide for consultant and advisory services and for the training of technical and professional personnel in educational institutions and field training centers approved by the department, and for the establishment and maintenance of field training centers in local health departments and in the department. (Added by renumbering Section 100190 by Stats. 2006, Ch. 241, Sec. 23. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)
  200. 131095.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. )

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    The department must carry out special investigations into the preparation and sale of drugs and food, and into adulteration.

    ## Health and Safety Code - HSC ## DIVISION 112. PUBLIC HEALTH [131000 - 131410] ( Division 112 added by Stats. 2006, Ch. 241, Sec. 34. ) ## PART 1. GENERAL PROVISIONS [131000 - 131410] ( Part 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## CHAPTER 2. General Powers of the Department [131050 - 131250] ( Chapter 2 added by Stats. 2006, Ch. 241, Sec. 34. ) ## ARTICLE 1. General Provisions [131050 - 131135] ( Article 1 added by Stats. 2006, Ch. 241, Sec. 34. ) ## 131095. The department shall cause special investigation of the preparation and sale of drugs and food and their adulteration. (Added by renumbering Section 100195 by Stats. 2006, Ch. 241, Sec. 24. Effective January 1, 2007. Operative July 1, 2007, by Sec. 37 of Ch. 241.)

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