Amended
IN
Assembly
March 25, 2019
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Assembly Bill
No. 1732Introduced by Assembly Member Flora
February 22, 2019
An act to amend Section 1298 of add Section 34177.9 to the Health and Safety Code, relating to health facility licensing. redevelopment.
LEGISLATIVE COUNSEL'S DIGEST
AB 1732, as amended, Flora.
Health facility licensing. Redevelopment: successor agencies: asset disposal: City of Manteca.
Existing law dissolved redevelopment agencies and community development agencies as of February 1, 2012, and provides for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies and to, among other things, dispose of assets and properties of the former redevelopment agency as directed by the oversight board of the successor agency. Existing law requires a successor agency to dispose of specified assets and properties of the former redevelopment expeditiously and in a manner aimed at maximizing value.
This bill would authorize the successor agency to the Redevelopment Agency of the
City of Manteca to dispose of assets previously used as Qualex Incorporated, as defined, to a nonprofit organization that provides resources to homeless and low-income individuals, provided that the agency requires that the property be used for those purposes. The bill would make legislative findings and declarations regarding the public purpose served by the bill.
This bill would make legislative findings and declarations as to the necessity of a special statute for the successor agency to the Redevelopment Agency of the City of Manteca.
Existing law requires the State Department of Public Health to license and regulate specified health facilities, including general acute care hospitals, acute psychiatric hospitals, and skilled nursing facilities, among other health facilities. Existing law prohibits a person, firm, partnership, association, corporation, political subdivision of the state, or other governmental agency within the state from continuing to operate, conduct, or maintain an existing health facility without applying for and obtaining a license or a special permit.
This bill would make technical, nonsubstantive changes to that provision.
The people of the State of California do enact as follows:
SECTION 1. Section 34177.9 is added to the Health and Safety Code, to read:
34177.9. (a) Notwithstanding subdivision (e) of Section 34177, and subdivision (a) of Section 34181, the successor agency to the Redevelopment Agency of the City of Manteca may dispose of assets previously used as Qualex Incorporated for an amount less than fair market value provided that the agency requires that the property be used to provide resources to homeless and low-income individuals.
(b) For purposes of this section:
(1) “Assets previously used as Qualex Incorporated” means the property located at 555 Industrial Park Drive in the City of Manteca.
(2) “Dispose of” means to transfer
or sell the property described in paragraph (1) to a nonprofit organization that provides resources to homeless and low-income individuals.
SEC. 2. The Legislature finds and declares that the addition of Section 34177.9 to the Health and Safety Code by this act serves the public purpose of encouraging the provision of resources for homeless and low-income individuals, and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.
SEC. 3. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique need of the Successor Agency to the Redevelopment Agency of the City of Manteca to ensure that the assets of the former redevelopment agency are disposed of in a way that provides the maximum benefit to the community. .
SECTION 1.Section 1298 of the Health and Safety Code is amended to read:1298.
(a)(1)A person, firm, partnership, association, corporation, political subdivision of the state, or other governmental agency within the state shall not continue to operate, conduct, or maintain an existing health facility without having applied for and obtained a license or a special permit as provided for in this chapter.
(2)This subdivision shall not apply to a receiver appointed by the court to
temporarily operate a long-term health care facility pursuant to Article 8 (commencing with Section 1325).
(b)A license or special permit revoked pursuant to this chapter may be reinstated pursuant to Section 11522 of the Government Code.