Loading...
HomeMy WebLinkAbout2021-05-11 - AGENDA REPORTS - AB 1251 (2)O Agenda Item: 6 P CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL:1 DATE: May 11, 2021 SUBJECT: STATE LEGISLATION: ASSEMBLY BILL 1251 DEPARTMENT: City Manager's Office PRESENTER: Masis Hagobian RECOMMENDED ACTION City Council adopt the City Council Legislative Committee recommendation to support Assembly Bill 1251 (Muratsuchi) and transmit position statements to Assembly Member Muratsuchi, Santa Clarita's state legislative delegation, appropriate legislative committees, Governor Newsom, League of California Cities, and other stakeholder organizations. BACKGROUND Authored by Assembly Member Al Muratsuchi (D-66-Torrance), Assembly Bill 1251 requires a public health order issued by the County of Los Angeles Local Health Officer (County Health Officer), during the COVID-19 pandemic State of Emergency, to be based on data for each Service Planning Area, rather than on countywide data. The County of Los Angeles (County) is divided into eight Service Planning Areas (SPAS) for health care planning and homelessness service purposes. Each SPA has an area health office that is responsible for planning public health and clinical services according to the health needs of local communities. Some examples of health care planning activities include assessing health needs of local communities, promoting health and preventing disease, and collaborating with community groups to improve the health of SPA residents. These SPAS allow the Los Angeles County Department of Public Health to develop and provide more relevant public health and clinical services targeted to the specific health needs of the residents in these different areas. The City is in SPA 2, which also includes the cities of Agoura Hills, Burbank, Calabasas, Glendale, San Fernando, parts of the City of Los Angeles (in the San Fernando Valley region), and unincorporated Los Angeles County (including the communities of Castaic, Porter Ranch, and Stevenson Ranch). In requiring the County Health Officer to issue a public health order based on data for each SPA, Page 1 Packet Pg. 35 O Assembly Bill 1251 develops a more relevant and locally focused process in the County issuance of a public health order to combat the spread of COVID-19. Additionally, the bill enables the County Health Officer to adopt policies that are more targeted and reflective of the health needs of local communities. In doing so, this bill would allow for the public health order to be less restrictive in parts of the County that have a lower number of positive COVID-19 cases and related hospitalizations. The recommendation to support Assembly Bill 1251 is consistent with the City of Santa Clarita 2021 Executive and Legislative Platform. Specifically, Component 12 under the "State" section advises that the City Council, "Support legislation, regulatory proposals, administrative actions, or public health orders to allow and support businesses that have been forced to limit or close their operations, due to the COVID-19 pandemic, to responsibly reopen and operate to the capacity that will safely initiate the economic recovery process." Assembly Bill 1251 was introduced on February 18, 2021, and referred to the Assembly Committee on Health. Health Officers Association of California and County Executives Association of California were the only registered opposition on file at the time this report was developed. There was no registered support on file at the time this report was developed. The City Council Legislative Committee met on April 28, 2021, and recommends that the City Council adopt a "support" position on Assembly Bill 1251. ALTERNATIVE ACTION 1. Adopt an "oppose" position on Assembly Bill 1251. 2. Adopt a "neutral" position on Assembly Bill 1251. 3. Take no action on Assembly Bill 1251. 4. Refer Assembly Bill 1251 back to the Legislative Committee. 5. Other direction, as provided by the City Council. FISCAL IMPACT The resources required to implement the recommended action are contained within the City of Santa Clarita's adopted FY 2020-21 budget. ATTACHMENTS Assembly Bill 1251 - Bill Text Page 2 Packet Pg. 36 6.a AMENDED IN ASSEMBLY APRIL 5, 2021 AMENDED IN ASSEMBLY MARCH 18, 2021 CALIFORNIA LEGISLATURE-2021-22 REGULAR SESSION ASSEMBLY BILL No. 1251 Introduced by Assembly Members Muratsuchi and Lackey February 19, 2021 An act to add Section 53024 to the Government Code, relating to public health. LEGISLATIVE COUNSEL'S DIGEST AB 1251, as amended, Muratsuchi. Local public health orders. Existing law, the California Emergency Services Act (CESA), among other things, authorizes the Governor to proclaim a state of emergency in an area affected or likely to be affected. The CESA also authorizes the governing body of any city, county, or city and county, or an official designated by ordinance adopted by that governing body, to proclaim a local emergency, as provided. Existing law authorizes local health officials to take any preventative measures that may be necessary to protect and preserve the public health from any public health hazard during any state of emergency or local emergency. This bill would require a public health order issued by the County of Los Angeles local health officer during -a the COVID-19 pandemic state of emergency to be based on data for each service planning area, as defined, rather than on countywide data. The bill would further require that a local public healthy order related to the COVID-19 pandemic be issued itt aeeordattee with the include the data for each service planning areal upon which the order is based. The hill would sped that these provisions remain operative 97 Packet Pg. 37 AB 1251 —2— 6.a until the termination of the state of emergency declared on March 4, 2020. By requiring the County of Los Angeles to prepare emergency local public health orders based on data for each service planning area, this bill would impose a state -mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes. The people of the State of California do enact as follows: 1 SECTION 1. The Legislature finds and declares the following: 2 (a) State and county public health departments should develop 3 and provide relevant and data -based public health and clinical 4 services targeted to the specific health needs of residents in 5 different communities and regions. 6 (b) The County of Los Angeles, comparable to the geographic 7 size of the States of Delaware and Rhode Island combined, has 8 the largest population of any county in the United States. The 9 County of Los Angeles is larger in population than the nine 10 counties of the San Francisco Bay area, with a population of 11 approximately 10,000,000 residents. 12 (c) The County of Los Angeles is divided into geographic areas, 13 known as service planning areas, to allow the Los Angeles County 14 Department of Public Health to provide relevant public health and 15 clinical services targeted to the specific health needs of the 16 residents in each of the service planning areas. 17 (d) To achieve the goals of developing and providing more 18 relevant and data -based public health services during a statewide 19 or local public health emergency, the Los Angeles County 20 Department of Public Health public health orders, and the 21 enforcement of these orders, must be based on data for each public 22 health service planning area and not on countywide data. 97 Packet Pg. 38 — 3 — AB 1251 6.a 1 SEC. 2. Section 53024 is added to the Government Code, to 2 read: 3 53024. (a) For the purposes of this section, "service planning 4 area" means the subdivided areas of the County of Los Angeles 5 intended to facilitate and improve local service and health care 6 planning, as defined in Section 3.29.010 of the Los Angeles County 7 Code. 8 (b) itt the event of a "state of or « 9 , A public health order issued by the 10 County of Los Angeles local health officer pursuant to Section 11 101040 or 120175 of the Health and Safety Code due to the 12 COVID-19 pandemic shall be based on data for each respective 13 service planning area and not on data for the entire County of Los 14 Angeles. An order issued pursuant to this section shall include the 15 data for each respective service planning area upon which the 16 order is based. 17 (c) The requirements deseribed itt subdivision (b) shall apply 18 to all publie health orders issued by the County of T=os Angeles 19 dtte to the CO3YIID 19 pandemie.—This section shall remain 20 operative until the termination of the state of emergency 21 proclaimed by the Governor on March 4, 2020, regarding the 22 COVID-19 pandemic. 23 SEC. 3. The Legislature finds and declares that a special statute 24 is necessary and that a general statute cannot be made applicable 25 within the meaning of Section 16 of Article IV of the California 26 Constitution because of the unique circumstances regarding the 27 large population of the County of Los Angeles. It is necessary that 28 special legislation be enacted to ensure relevant data -based public 29 health services and orders are based on the specific needs of 30 residents in the respective service planning areas within the County 31 of Los Angeles. 32 SEC. 4. If the Commission on State Mandates determines that 33 this act contains costs mandated by the state, reimbursement to 34 local agencies and school districts for those costs shall be made 35 pursuant to Part 7 (commencing with Section 17500) of Division 36 4 of Title 2 of the Government Code. x 97 Packet Pg. 39