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 if both of the following occur:
(1) The hospital or medical center submits to the department, on or before January 15, 2022, a plan for compliance with the applicable seismic safety standards of this chapter, and the regulations promulgated pursuant to this chapter. For the O’Connor Hospital and the Santa Clara Valley Medical Building F (Services Building) Seismic Upgrade, the plan shall provide for compliance on or before July 1, 2023, and for the Santa Clara Valley Medical Center Building N (RSC) Tier 2 Upgrades the plan shall provide for compliance on or before December 31, 2024.
(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, 2022.
(2) July 1, 2022.
(3) October 1, 2022.
(4) January 1, 2023.
(5) April 1, 2023.
(6) July 1, 2023.
(7) October 1, 2023.
(8) January 1, 2024.
(9) April 1, 2024.
(10) July 1, 2024.
(11) October 1, 2024.
(c) The department may revoke its waiver of the requirements of this chapter, in whole or in part, if O’Connor Hospital or Santa Clara Valley 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.
(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 prior to the effective date of the revocation and, during the notice period, the department provides the County of Santa Clara a reasonable opportunity to cure the noncompliance that forms the basis of the intended revocation.
(Added by Stats. 2021, Ch. 388, Sec. 1. (SB 564) Effective January 1, 2022.)