2010 California Code
Health and Safety Code
Article 6. Federal Funding For Bioterrorism Preparedness And Other Public Health Threats

101315.  (a) Federal funding received by the State Department of
Health Services for bioterrorism preparedness and emergency response
is subject to appropriation in the annual Budget Act or other
statute, commencing with the 2003-04 fiscal year.
   (b) This article shall govern those instances when federal funding
is allocated and expended for public health preparedness and
response by local health jurisdictions, hospitals, clinics, emergency
medical systems, and poison control centers for the prevention of,
and response to, bioterrorist attacks and other public health
emergencies pursuant to the federally approved collaborative
state-local plan.
   (c) A local health jurisdiction shall be ineligible to receive
funding from appropriations made for purposes of this article when
that local health jurisdiction receives directly or through another
local jurisdiction federal funding for the same purposes. Moneys
appropriated for purposes of this article that would have been
allocated to a local health jurisdiction that is ineligible, pursuant
to this subdivision, to receive funding shall be allocated, as
provided in Section 101317, among the remaining local health
jurisdictions that are eligible.
   (d) Funds appropriated for the purposes of this article shall not
be used to supplant funding for existing levels of service and shall
only be used for purposes specified in Section 101317.
   (e) This article shall apply only when local health jurisdictions,
hospitals, clinics, emergency medical systems, and poison control
centers are designated by a federal or state agency to manage the
funds for public health preparedness and response to bioterrorist
attacks and other public health emergencies, pursuant to the
federally approved collaborative state-local plan.



101315.2.  Of the sixteen million dollars ($16,000,000) appropriated
in the Budget Act of 2006 for local health jurisdictions for the
purpose of preparing California for public health emergencies,
including a potential pandemic influenza event, a baseline allocation
of one hundred twenty-five thousand dollars ($125,000) shall be
provided to each local health jurisdiction first, with the remaining
amount allocated on a per population basis using the population
information possessed by the Department of Finance.



101317.  (a) For purposes of this article, allocations shall be made
to the administrative bodies of qualifying local health
jurisdictions described as public health administrative organizations
in Section 101185, and pursuant to Section 101315, in the following
manner:
   (1) (A) For the 2003-04 fiscal year and subsequent fiscal years,
to the administrative bodies of each local health jurisdiction, a
basic allotment of one hundred thousand dollars ($100,000), subject
to the availability of funds appropriated in the annual Budget Act or
another act.
   (B) For the 2002-03 fiscal year, the basic allotment of one
hundred thousand dollars ($100,000) shall be reduced by the amount of
federal funding allocated as part of a basic allotment for the
purposes of this article to local health jurisdictions in the 2001-02
fiscal year.
   (2) (A) Except as provided in subdivision (c), after determining
the amount allowed for the basic allotment as provided in paragraph
(1), the balance of the annual appropriation for purposes of this
article, if any, shall be allotted on a per capita basis to the
administrative bodies of each local health jurisdiction in the
proportion that the population of that local health jurisdiction
bears to the population of all eligible local health jurisdictions of
the state.
   (B) The population estimates used for the calculation of the per
capita allotment pursuant to subparagraph (A) shall be based on the
Department of Finance's E-1 Report, "City/County Population Estimates
with Annual Percentage Change," as of January 1 of the previous
year. However, if within a local health jurisdiction there are one or
more city health jurisdictions, the local health jurisdiction shall
subtract the population of the city or cities from the local health
jurisdiction total population for purposes of calculating the per
capita total.
   (b) If the amounts appropriated are insufficient to fully fund the
allocations specified in subdivision (a), the department shall
prorate and adjust each local health jurisdiction's allocation so
that the total amount allocated equals the amount appropriated.
   (c) For the 2002-03 fiscal year and subsequent fiscal years, where
the federally approved collaborative state-local plan identifies an
allocation method, other than the basic allotment and per capita
method described in subdivision (a), for specific funding to a local
public health jurisdiction, including, but not limited to, funding
laboratory training, chemical and nuclear terrorism preparedness,
smallpox preparedness, and information technology approaches, that
funding shall be paid to the administrative bodies of those local
health jurisdictions in accordance with the federally approved
collaborative state-local plan for bioterrorism preparedness and
other public health threats in the state.
   (d) Funds appropriated pursuant to the annual Budget Act or
another act for allocation to local health jurisdictions pursuant to
this article shall be disbursed quarterly to local health
jurisdictions beginning July 1, 2002, using the following process:
   (1) Each fiscal year, upon the submission of an application for
funding by the administrative body of a local health jurisdiction,
the department shall make the first quarterly payment to each
eligible local health jurisdiction. Initially, that application shall
include a plan and budget for the local program that is in
accordance with the department's plans and priorities for
bioterrorism preparedness and response, and other public health
threats and emergencies, and a certification by the chairperson of
the board of supervisors or the mayor of a city with a local health
department that the funds received pursuant to this article will not
be used to supplant other funding sources in violation of subdivision
(d) of Section 101315. In subsequent years, the department shall
develop a streamlined process for continuation of funding that will
address new federal requirements and will assure the continuity of
local plan activities.
   (2) The department shall establish procedures and a format for the
submission of the local health jurisdiction's plan and budget. The
local health jurisdiction's plan shall be consistent with the
department's plans and priorities for bioterrorism preparedness and
response and other public health threats and emergencies in
accordance with requirements specified in the department's federal
grant award. Payments to local health jurisdictions beyond the first
quarter shall be contingent upon the approval of the department of
the local health jurisdiction's plan and the local health
jurisdiction's progress in implementing the provisions of the local
health jurisdiction's plan, as determined by the department.
   (3) If a local health jurisdiction does not apply or submits a
noncompliant application for its allocation, those funds provided
under this article may be redistributed according to subdivision (a)
to the remaining local health jurisdictions.
   (e) Funds shall be used for activities to improve and enhance
local health jurisdictions' preparedness for and response to
bioterrorism and other public health threats and emergencies, and for
other purposes, as determined by the department, that are consistent
with the purposes for which the funds were appropriated.
   (f) A local health jurisdiction that receives funds pursuant to
this article shall deposit them in a special local public health
preparedness trust fund established solely for this purpose before
transferring or expending the funds for any of the uses allowed
pursuant to this article. The interest earned on moneys in the fund
shall accrue to the benefit of the fund and shall be expended for the
same purposes as other moneys in the fund.
   (g) (1) A local health jurisdiction that receives funding pursuant
to this article shall submit reports that display cost data and the
activities funded by moneys deposited in its local public health
preparedness trust fund to the department on a regular basis in a
form and according to procedures prescribed by the department.
   (2) The department, in consultation with local health
jurisdictions, shall develop required content for the reports
required under paragraph (1), which shall include, but shall not be
limited to, data and information needed to implement this article and
to satisfy federal reporting requirements. The chairperson of the
board of supervisors or the mayor of a city with a local health
department shall certify the accuracy of the reports and that the
moneys appropriated for the purposes of this article have not been
used to supplant other funding sources.
   (3) It is the intent of the Legislature that the department shall
audit the cost reports every three years, commencing in January 2007,
to determine compliance with federal requirements and consistency
with local health jurisdiction budgets, contingent upon the
availability of federal funds for this activity, and contingent upon
the continuation of federal funding for emergency preparedness and
bioterrorism preparedness. All cost-compliance reports and audit
exceptions or related analyses or reports issued by the State
Department of Public Health regarding the expenditure of funding for
emergency and bioterrorism preparedness by local health jurisdictions
shall be made available to the Legislature upon request.
   (h) The administrative body of a local health jurisdiction may
enter into a contract with the department and the department may
enter into a contract with that local health jurisdiction for the
department to administer all or a portion of the moneys allocated to
the local health jurisdiction pursuant to this article. The
department may use funds retained on behalf of a local health
jurisdiction pursuant to this subdivision solely for purposes of
administering the jurisdiction's bioterrorism preparedness
activities. The funds appropriated pursuant to this article and
retained by the department pursuant to this subdivision are available
for expenditure and encumbrance for purposes of support or local
assistance.
   (i) The department may recoup from a local health jurisdiction
moneys allocated pursuant to this article that are unspent or that
are not expended for purposes specified in subdivision (d). The
department may also recoup funds expended by a local health
jurisdiction in violation of subdivision (d) of Section 101315. The
department may withhold quarterly payments of moneys to a local
health jurisdiction if the local health jurisdiction is not in
compliance with this article or the terms of that local health
jurisdiction's plan as approved by the department. Before any funds
are recouped or withheld from a local health jurisdiction, the
department shall meet with local health officials to discuss the
status of the unspent moneys or the disputed use of the funds, or
both.
   (j) Notwithstanding any other provision of law, moneys made
available for bioterrorism preparedness pursuant to this article in
the 2001-02 fiscal year shall be available for expenditure and
encumbrance until June 30, 2003. Moneys made available for
bioterrorism preparedness pursuant to this article from July 1, 2002,
to August 30, 2003, inclusive, shall be available for expenditure
and encumbrance until August 30, 2004. Moneys made available in the
2003-04 Budget Act for bioterrorism preparedness shall be available
for expenditure and encumbrance until August 30, 2005.



101317.2.  Notwithstanding any other provision of law, moneys made
available in the 2004-05 Budget Act for bioterrorism preparedness
shall be available for expenditure and encumbrance until August 30,
2006.


101318.  (a) Federal funding received pursuant to the 2009
Supplemental Appropriations Act (Public Law 111-32) for pandemic
influenza for purposes of state and local public health and emergency
response infrastructure, including, but not limited to,
epidemiology, communicable disease response, workforce, laboratory
capacity, public communications, and community mitigation guidance
and planning, shall be subject to appropriation by the Legislature in
the annual Budget Act or other statute for allocation by the
department in accordance with this article.
   (b) This section shall govern federal funding provided by the
Public Health Emergency Preparedness Cooperative Agreement and the
Public Health Emergency Response Cooperative Agreement for the state
and local health jurisdictions.
   (c) The proportion of funds allocated to support local health
jurisdiction activities shall be at least the proportion stipulated
in the 2008-09 federally approved state applications for the Public
Health Emergency Preparedness Cooperative Agreement unless stipulated
otherwise by federal law or guidance, or unless the department, in
consultation with the California Conference of Local Health Officers
and the County Health Executives Association of California, submits
an application that specifies a different funding allocation.
   (d) The department may establish a minimum allocation of less than
one hundred thousand dollars ($100,000) to local health
jurisdictions, if the department consults with the California
Conference of Local Health Officers and the County Health Executives
Association of California.



101319.  Due to the need to rapidly implement, and to provide local
health jurisdictions, hospitals, clinics, emergency medical systems,
and poison control centers with timely funding for the purposes of,
this article, funds appropriated in the annual Budget Act or some
other act for purposes of this article for the 2002-03 fiscal year
and subsequent fiscal years shall be allocated through the use of
agreements, which shall not be subject to Part 2 (commencing with
Section 10100) of Division 2 of the Public Contract Code.



101320.  This article shall become inoperative on September 1, 2012,
and, as of January 1, 2013, is repealed, unless a later enacted
statute that is enacted before January 1, 2013, deletes or extends
the dates on which it becomes inoperative and is repealed.