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 Jose, Providence St. Joseph Hospital and Providence Eureka General Hospital in the City of Eureka, Providence St. Jude Medical Center in the City of Fullerton, and Providence Cedars-Sinai Tarzana Medical Center in the City of Tarzana, 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.
(F) For the Providence St. Joseph Hospital in the City of Eureka, Original Hospital and Central Plant (BLD-00535) Removal of Acute Care Services (RACS), HCAI 1R status, or demolition, the plan shall provide for compliance on or before January 1, 2027.
(G) For Providence Eureka General Hospital in the City of Eureka, Original Hospital (BLD-00523), 1950 Addition Building (BLD-00524), 1955 Addition Building (BLD-00525), 1957 Addition Center Building (BLD-00526), and 1957 Addition West Side Building (BLD-02651) Removal of Acute Care Services (RACS), HCAI 1R status, or demolition, the plan shall provide for compliance on or before January 1, 2027.
(H) For Providence St. Jude Medical Center in the City
of Fullerton, Main Building, Canopies, and Boiler Room (BLD-02424), Basement Expansion (BLD-02833) and West Building (BLD-02425) HCAI 1R status or demolition, the plan shall provide for compliance on or before January 1, 2027.
(I) For Providence Cedars-Sinai Tarzana Medical Center Patient Tower (BLD-00170) Removal of Acute Care Services (RACS), HCAI 1R status, or demolition, the plan shall provide for compliance on or before January 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.
(15) October 1, 2026.
(16) January 1, 2027.
(c) The department may revoke its waiver of the requirements of this chapter, in whole or in part, if O’Connor Hospital or
Hospital, Santa Clara Valley Medical Center Center, Providence St. Joseph Hospital, Providence Eureka General Hospital, Providence St. Jude Medical Center, or Providence Cedars-Sinai Tarzana 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.
hospital owner.
(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 hospital owner prior to the effective date of the revocation and, during the notice period, the department provides the County of Santa Clara hospital owner
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 hospital owner shall bear the responsibility of paying any penalties.
(2) If the county
hospital owner 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 hospital owner 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
hospital owner 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.