Changes to Seismic Safety Law
Alfred E Alquist Hospital Facilities Seismic Safety
California HEALTH AND SAFETY CODE
Division 107 – STATEWIDE HEALTH PLANNING AND DEVELOPMENT
Part 7 – FACILITIES DESIGN REVIEW AND CONSTRUCTION
Chapter 1 – Health Facilities
| Article Number | Article Title | Code Values |
|---|---|---|
| Article 1. | General Provisions | 129675-129680 |
| Article 2. | Definitions | 129700-129745 |
| Article 3. | General Requirements and Administration | 129750-129856 |
| Article 4. | Special Requirements | 129875-129905 |
| Article 5. | Building Safety Board | 129925-129960 |
| Article 6. | Enforcement | 129975-129990 |
| Article 7. | Penalties | 129998 |
| Article 8. | New State Responsibilities For Seismic Safety in Hospitals | 130000-130025 |
| Article 9. | Hospital Owner Responsibilities | 130050-130070 |
Senate Bill 395 (SB 395)
The Small and Rural Hospital Relief Program Senate Bill 395 (SB 395) (Caballero, Statutes of 2021) was established in state law to provide grants to qualifying facilities for the purpose of advancing a hospital’s effort to bring its buildings into compliance with Health and Safety Code (HSC) §130065. The program is administered by HCAI’s Cal-Mortgage Loan Insurance Program with assistance from the HCAI Office of Statewide Hospital Planning and Development (OSHPD). The purpose of the Small and Rural Hospital Relief Program (SB 395) is to support and enhance the effort of qualifying facilities to preserve access to general acute care for the communities they serve through provision of state grant funding and technical assistance for building seismic safety and resiliency.
For more information, or to apply, please see Small and Rural Hospital Relief Program webpage.
Assembly Bill 2190 (AB 2190 Extension)
Assembly Bill 2190 (AB 2190): adds Sections 130062 and 130066 to the Health and Safety Code, relating to hospitals.
Assembly Bill 2190 (Chapter 673, Statutes of 2018) requires all hospitals seeking extensions to the January 1, 2020 compliance deadline for Structural Performance Category 1 buildings to submit an application to HCAI by April 1, 2019. The law requires HCAI to grant an additional extension of time to a hospital that is subject to the January 1, 2020, deadline if certain conditions are met. The law authorizes the additional extension until July 1, 2022, if the compliance plan is based upon replacement or retrofit, or up to five years until January 1, 2025 if the compliance plan is for a rebuild.
Health and Safety Code Section 130062 (Assembly Bill 2190, Chapter 673, Statutes of 2018) requires the Department of Health Care Access and Information (HCAI), before June 1, 2019, to provide the Legislature with an inventory of the Structural Performance Category (SPC) of each general acute care hospital building in California.
- See the Executive Summary of submitted reports
- See facilities granted AB 2190 Extensions and Quarterly Reports submitted
Senate Bill 90 (SB 90)
Senate Bill 90 (SB 90) (Chapter 19, Statutes of 2011): Amends Section 130060 of the Health and Safety Code.
On June 22, 2012, the Centers for Medicare and Medicaid Services approved the Hospital Quality Assurance Fee (HQAF) Program authorized by Senate Bill (SB) 335, (Chapter 286, Statutes of 2011). Federal approval of the HQAF Program enacts the seismic provision in Health and Safety Code 130060 as amended by SB 90 (Chapter 19, Statutes of 2011).
SB 90 allows a hospital to seek an extension for seismic compliance for its SPC-1 buildings up to seven years based on three elements:
- The structural integrity of the building.
- The loss of essential hospital services to the community if the hospital is closed.
- Financial hardship.
HCAI submitted proposed regulations to the Building Standards Commission (BSC) to implement the provisions of SB 90 as Emergency Regulations. The regulations have been approved by the BSC and are enforceable. These are published in the California Administrative Code, Chapter 6.
2020 Seismic Safety Extension (SB 306 Extension)
The 2020 Seismic Safety Extension Senate Bill 306 (SB 306) allows city or county hospitals, or hospitals that meet strict financial hardship criteria, to receive a seven year extension from the 2013 seismic safety deadlines and instead require the hospitals to replace those buildings by 2020.
The Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 (California Health & Safety Code § 129675, et seq.), establishes, under the jurisdiction of the Department of Health Care Access and Information, a program of seismic safety building standards for certain hospitals constructed on and after March 7, 1973. In 2007, Senate Bill 306 (SB 306) added Health & Safety Code §130061.5, which authorizes qualified hospital owners, including city or county hospitals or hospitals that meet strict financial hardship criteria, to receive a seven year extension from the 2013 seismic safety deadline and instead require the hospitals to replace those buildings by January 1, 2020.
Health & Safety Code §130061.5 specifies several different requirements that must be met for a hospital to receive relief from the retrofit or rebuilding deadlines of 2008 and 2013. The conditions applicants must meet for the 2020 extension are located in the provisions of Health and Safety Code §130061.5
Senate Bill 499 (SB 499)
Senate Bill 499 (SB 499) (Chapter 601, Statutes of 2009): Amends Sections 130060 & 130061 and added Section 130022 to the Health and Safety Code.
Senate Bill 499 (SB 499) required all general acute care hospitals that have Structural Performance Category 1 (SPC-1) buildings to report to the Department of Health Care Access and Information by November 1, 2010, and annually thereafter, on the status of their compliance with the seismic safety deadlines. This information is necessary to measure the level of seismic safety compliance being achieved by California′s hospitals. The ultimate goal being that Californians will have safer hospital buildings without jeopardizing their access to health care.
SB499 Reports:
- Report #2 (report year 2011)
- Preliminary SB499 Hospitals Report Summary #2 (report year 2011)
- Report #3(report year 2012)
- Preliminary SB499 Hospitals Report Summary #3 (report year 2012)
- Report #4 (report year 2013)
- Preliminary SB499 Hospitals Report Summary #4 (report year 2013)
- Report #5 (report year 2014)
- Preliminary SB499 Hospitals Report Summary #5 (report year 2014)
- Report #6 (report year 2015)
- Preliminary SB499 Hospitals Report Summary #6 (report year 2015)
- Report #7 (report year 2016)
- Preliminary SB499 Hospitals Report Summary #7 (report year 2016)
- Report #8 (report year 2017)
- Preliminary SB499 Hospitals Report Summary #8 (report year 2017)
- Report #9 (report year 2018)
- Preliminary SB499 Hospitals Report Summary #9 (report year 2018)
- Report #10 (report year 2019)
- Preliminary SB499 Hospitals Report Summary #10 (report year 2019)
For questions or comments related to the SB499 reports, please email the Seismic Compliance Unit.
Senate Bill 1661 (SB 1661)
Senate Bill 1661 (SB 1661) (Chapter 679, Statutes of 2006): Amends Section 130060 & 130061 of the Health and Safety Code.
Senate Bill 1661 required all general acute care hospitals that have SPC-1 buildings to report to the Department of Health Care Access and Information by June 30, 2009, on the status of their compliance with the seismic safety deadlines. This information is necessary for the legislature to understand the level of compliance being achieved by California’s hospitals, the potential impact to Californian’s access to health care and whether a need exists to address the issues, if any, with a statewide policy solution. The ultimate goal being that Californian’s will have safer hospital buildings without jeopardizing their access to health care.
Per SB 1661 Health and Safety Code Section 130061 – Two reports were submitted:
- April 15, 2007
- June 30, 2009
These reports are superseded by subsequent SB 499 reports. They have been archived and are available on request.
Other Legislative Changes
- SB 1801 (2000) – Amends Section 130060 of the Health and Safety Code
- SB 2006 (2000) – Adds Section 130063 to the Health and Safety Code
- AB 2194 (2000) – Adds Section 1276.05 to the Health and Safety Code
- SB 1661 (2006) – Amends Section 130060 & 130061 of the Health and Safety Code
- SB 306 (2007) – Amends Section 129765 of, and adds Section 130061.5 to, the Health and Safety Code
- SB 499 (2009) – Amends Sections 130060 and 130061 of, and repeals Section 130022 of, the Health and Safety Code
- SB 608 (2010) – Adds Section 130064 to the Health and Safety Code
- AB 2557 (2014) – Amends Section 130060 of the Health and Safety Code
- AB 81 (2015) – Amends Section 130060 of the Health and Safety Code
- AB 232 (2015) – Amends Section 130060 of the Health and Safety Code
- AB 908 (2017) – Amends Section 130060 of the Health and Safety Code
- AB 78 (2019) – Amends Section 130062 of the Health and Safety Code
- AB 1882 (2022) – Amend Section 130055 of, and adds Sections 130002, 130006, and 130066.5 to, the Health and Safety Code
- AB 869 (2024) – Amends Section 130065 of, and adds Sections 130065.1, 130065.15, 130078.5, and 130078.6 to, the Health and Safety Code
For questions or comments related to the legislative changes, please email the Seismic Compliance Unit.