BILL NUMBER: SB 131 CHAPTERED 03/15/94 CHAPTER 15 FILED WITH SECRETARY OF STATE MARCH 15, 1994 APPROVED BY GOVERNOR MARCH 15, 1994 PASSED THE SENATE MARCH 14, 1994 PASSED THE ASSEMBLY MARCH 14, 1994 AMENDED IN ASSEMBLY MARCH 14, 1994 AMENDED IN ASSEMBLY MARCH 8, 1994 AMENDED IN ASSEMBLY FEBRUARY 28, 1994 AMENDED IN ASSEMBLY FEBRUARY 10, 1994 AMENDED IN ASSEMBLY AUGUST 16, 1993 AMENDED IN SENATE JUNE 21, 1993 AMENDED IN SENATE MAY 19, 1993 AMENDED IN SENATE APRIL 27, 1993 INTRODUCED BY Senator Roberti JANUARY 25, 1993 An act to add Chapter 12.48 (commencing with Section 8879) to Division 1 of Title 2 of the Government Code, and to add Article 4.9 (commencing with Section 180) to Chapter 1 of Division 1 of the Streets and Highway Code, relating to earthquake relief and seismic retrofit by providing the funds necessary therefor through the issuance and sale of bonds of the State of California and by providing for the handling and disposition of those funds, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 131, Roberti. Earthquake Relief and Seismic Retrofit Bond Act of 1994. The existing Natural Disaster Assistance Act requires the Director of Emergency Services to administer a program that provides financial assistance to local agencies for the repair, restoration, or replacement of real property of the agency that is damaged or destroyed by a natural disaster. In addition, various state programs and funds provide, or have provided, natural disaster assistance to state and local agencies as well as private individuals and entities, including the California Earthquake Safety and Housing Rehabilitation Bond Act of 1988 and the Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990. This bill would enact the Earthquake Relief and Seismic Retrofit Bond Act of 1994 to authorize $2,000,000,000 in state general obligation bonds for (1) the repair, renovation, reconstruction, replacement, or retrofit of transportation facilities and other public infrastructure, including schools, hospitals, utilities, sewers, and emergency centers, damaged by the January 17, 1994, Northridge earthquake, (2) earthquake hazard mitigation projects for public buildings and facilities in the Counties of Los Angeles, Orange, and Ventura, (3) the seismic retrofit of state-owned transportation facilities throughout the state, and (4) housing repair loans to address the effects of the January 17, 1994, Northridge earthquake. The bill would specify the administrative procedures with respect to allocations made for these purposes. It would also appropriate funds available from certain higher education bond acts, not to exceed a combined total of $75,000,000, to the University of California, the California State University, and the California Community Colleges for allocation by the Department of Finance to meet allocation requirements for federal matching grants to repair, replace, reconstruct, renovate, or retrofit on-campus buildings or facilities, including utilities, and streets and roads, damaged by the January 17, 1994, Northridge earthquake. The bill would provide for the submission of the act to the people at the June 7, 1994, statewide primary election and would become operative upon adoption by the voters at that election. Existing law provides for the authorization of various projects for the repair and retrofit of state infrastructures affected by catastrophe. This bill would revise permitting requirements for projects necessary for the public peace, health, or safety, would create an ad hoc earthquake emergency and seismic retrofit permit review panel to hear and approve or deny appeals of local agencies subject to conditions by permitting agencies, and would exempt specified retrofit projects from various requirements. This bill would declare that it is to take effect immediately as an urgency statute. The bill would become operative only if Senate Bill 805 is chaptered. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Chapter 12.48 (commencing with Section 8879) is added to Division 1 of Title 2 of the Government Code, to read: CHAPTER 12.48. EARTHQUAKE RELIEF AND SEISMIC RETROFIT BOND ACT OF 1994 Article 1. General Provisions 8879. This chapter shall be known as the Earthquake Relief and Seismic Retrofit Bond Act of 1994. 8879.1. The Legislature finds and declares all of the following: (a) The Northridge earthquake of January 17, 1994, caused personal losses and damage to infrastructure and property resulting in relocations and severe disruption of livelihood. (b) It is in the best interest of the state to provide, to the greatest extent feasible, resources to address the disruptions and dangerous situations that continue to exist. 8879.2. As used in this chapter, the following terms have the following meanings: (a) "Board" means any department receiving an allocation from the Department of Finance. (b) "Committee" means the Earthquake Relief and Seismic Retrofit Finance Committee created pursuant to Section 8879.7. (c) "Fund" means the Earthquake Relief and Seismic Retrofit Bond Fund of 1994 created pursuant to Section 8879.3. (d) "January 17, 1994, Northridge earthquake" means the earthquake of that date and any resulting aftershocks. Article 2. Earthquake Relief and Seismic Retrofit Bond Fund and Program 8879.3. The Earthquake Relief and Seismic Retrofit Bond Fund of 1994 is hereby created in the State Treasury. The proceeds of bonds issued and sold pursuant to this chapter for the purposes specified in this chapter are hereby appropriated, without regard to fiscal years, to the Department of Finance for allocation in the following manner: (a) One hundred forty-five million dollars ($145,000,000) for transportation costs associated with the recovery from the January 17, 1994, Northridge earthquake. Funds may be used to match any available federal funds for transportation purposes or may be used without matching federal funds to repair, reconstruct, replace, or retrofit transportation facilities, roadways, structures, and equipment in the area affected by the earthquake. Funds may also be used to provide alternative transportation capacity and transportation management needed to mitigate the effects of the earthquake, and to reimburse, upon the order of the Director of Finance, the General Fund or special funds for expenditures made for the purposes set forth in this subdivision prior to the approval, sale, and issuance of earthquake relief bonds. Expenditures from the fund for transportation purposes shall be approved by the Director of Transportation and reported within five days of approval to the Director of Finance and the California Transportation Commission. (b) Two hundred sixty-five million dollars ($265,000,000) for allocation to cities, counties, school districts, and other local government agencies, except community college districts, and to state agencies, for the costs of repair, renovation, reconstruction, replacement, relocation, or retrofitting of public infrastructure, including schools, buildings and facilities, hospitals, utilities, sewers, streets and roads, and emergency centers damaged as a result of the January 17, 1994, Northridge earthquake. These funds may, in addition, be used to match any available federal funds for these purposes in the Counties of Los Angeles, Orange, and Ventura, and to reimburse, upon order of the Director of Finance, the General Fund or special funds for expenditures made for the purposes set forth in this subdivision prior to the approval, sale, and issuance of earthquake relief bonds. For purposes of this subdivision, "public infrastructure" does not include any vehicular bridges, roadways, highways, or any facility or building owned by the University of California, the California State University, or a community college district or campus. (c) Sixty-five million dollars ($65,000,000) for the purpose of financing the cost of earthquake hazard mitigation projects for public buildings and facilities in the Counties of Los Angeles, Orange, and Ventura, and to reimburse, upon order of the Director of Finance, the General Fund or special funds for expenditures made for the purposes set forth in this subdivision prior to the approval, sale, and issuance of earthquake relief bonds. For these projects, allowable earthquake hazard mitigation costs shall include the cost of repair, renovation, replacement, retrofit, or relocation for the purposes of reducing the risk of future damage, hardship, or loss arising from future seismic activity. The Director of Finance shall establish priority for allocation of these funds. For purposes of this subdivision, "public buildings and facilities" means any building or structure owned by a public agency, except for vehicular bridges, roadways, highways, or any facility or building owned by the University of California, the California State University, or a community college district or campus. (d) (1) Nine hundred fifty million dollars ($950,000,000) for the seismic retrofit of state-owned highways and bridges throughout California. Funds allocated for this purpose shall be deposited in the Seismic Retrofit Account and, upon deposit, are continuously appropriated to the Department of Transportation. Funds may be used to match any available federal funds for transportation purposes or may be used without matching federal funds to reconstruct, replace, or retrofit state-owned highways and bridges. (2) Funds described in paragraph (1) shall not be used to offset or replace funds previously reserved in the 1992 State Highway Operation and Protection Program for seismic retrofit referred to as previously reserved retrofit funds. The unexpended portions of the previously reserved retrofit funds are further set forth in Exhibit B entitled 1994 SHOPP Fund Reservation Summary it the proposed 1994 State Highway Operation and Protection Program forwarded by the Department of Transportation to the California Transportation Commission on January 31, 1994. (3) Funds described in this subdivision shall be spent for the seismic retrofit of state-owned toll bridges in an amount equal to the proportion of the total estimate of cost for retrofit of the toll bridges to the total estimate of cost for all state-owned bridges, but in no event less than 40 percent of the funds described in this subdivision. For purposes of this foregoing calculation, there shall be deducted those funds to be reserved for seismic retrofit as set forth on Exhibit B entitled 1994 SHOPP Fund Reservation Summary in the proposed 1994 State Highway Operation and Protection Program forwarded by the Department of Transportation to the California Transportation Commission of January 31, 1994. The total amount of those funds is four hundred nineteen million five hundred thousand dollars ($419,500,000). All estimated costs required by this subdivision shall mean the costs estimated by the Department of Transportation effective July 1, 1994, which estimates shall be forwarded to the California Transportation Commission prior to July 5, 1994. (e) (1) Five hundred seventy-five million dollars ($575,000,000) for transfer to the California Disaster Housing Repair Fund, shall be made available upon approval of the Director of Finance, for the purposes authorized pursuant to Section 50661.5 of the Health and Safety Code in order to implement the programs established in Sections 50662.7 and 50671.6 of the Health and Safety Code. Notwithstanding any other provision of law, these funds may be expended for any of the purposes authorized in Sections 50661.5, 50662.7, and 50671.6 of the Health and Safety Code, to address the effects of the January 17, 1994, Northridge earthquake. However, no funds transferred pursuant to this paragraph shall be expended for the purposes authorized in Section 50671.5 of the Health and Safety Code. No more than 15 percent of the funds expended pursuant to this subdivision may be expended for administrative costs. (2) The Legislature may, from time to time, amend the provisions of law relating to programs to which funds are, or have been, allocated pursuant to this subdivision for the purpose of improving the efficiency and the effectiveness of the programs. The Legislature may also, from time to time, amend the provisions of law relating to programs to which funds are, or have been, allocated pursuant to this subdivision for the purpose of furthering the goals of those programs. (3) The people of the State of California hereby find and declare that the words "develop, construct, or acquire," as used in Section 1 of Article XXXIV of the California Constitution, shall not be interpreted to apply to activities of a state public body when that body undertakes any of the activities permitted in Section 50671.6 of the Health and Safety Code, including, but not limited to, reconstruction of rental developments of comparable size on comparable sites in the immediate neighborhood where the rental development previously existed. (f) Notwithstanding subdivisions (a), (b), and (c), in order to ensure efficient and appropriate use of bond proceeds for earthquake relief as authorized in subdivisions (a), (b), and (c), the Director of Finance may revise the amounts expressly allocated in subdivisions (a), (b), and (c), and reallocate these funds among subdivisions (a), (b), and (c). In addition, the director may reallocate funds allocated under subdivision (a) to subdivision (d). However, no revision or reallocation of funds authorized by this subdivision shall be made until 15 days after written notice to the Chair of the Joint Legislative Budget Committee and the chairs of the fiscal committees of both houses of the Legislature. (g) The Department of Finance shall notify in writing the Chair of the Joint Legislative Budget Committee and the chairs of the fiscal committees of both houses of the Legislature at the end of each month regarding any allocations of funds pursuant to subdivisions (a), (b), (c), (d), and (e). (h) Use of any funds authorized in subdivision (a), (b), (c), or (d) for replacement or relocation of any facilities shall be authorized to provide new facilities that may have a size or capacity that is greater than the size or capacity of the damaged facilities being replaced to the extent that this increase is beneficial to the intended use of the replacement facility and may be accomplished on a cost-efficient basis. Article 3. Fiscal Provisions 8879.5. Bonds in the total amount of two billion dollars ($2,000,000,000), exclusive of refunding bonds, or so much thereof as is necessary, is hereby authorized to be issued and sold for carrying out the purposes expressed in this chapter and to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5. All bonds herein authorized which have been duly sold and delivered as provided herein shall constitute valid and legally binding general obligations of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal and interest thereof. 8879.6. The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4), except Section 16727 and all of the other provisions of that law as amended from time to time apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter. 8879.7. (a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this chapter, the Earthquake Relief and Seismic Retrofit Finance Committee is hereby created. For the purposes of this chapter, the Earthquake Relief and Seismic Retrofit Finance Committee is "the committee" as that term is used in the State General Obligation Bond Law. The committee consists of the Treasurer, the Controller, the Director of Finance, the Director of General Services, and the Secretary of the Business, Transportation and Housing Agency, or a designated representative of each of those officials. The Treasurer shall serve as the chairperson of the committee. A majority of the committee may act for the committee. (b) The committee may adopt guidelines establishing requirements for administration of its financing programs to the extent necessary to protect the validity of, and tax exemption for, interest on the bonds. The guidelines shall not constitute rules, regulations, orders, or standards of general application. (c) For the purposes of the State General Obligation Bond Law, any department receiving an allocation from the Department of Finance is designated to be the "board." 8879.8. Upon request of the board stating that funds are needed for earthquake relief purposes, the committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this chapter in order to carry out the actions specified in Section 8879.3, and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and be sold at any one time. Bonds may bear interest subject to federal income tax. 8879.9. There shall be collected annually in the same manner and at the same time as other state revenue is collected, a sum of money in addition to the ordinary revenues of the state, sufficient to pay the principal of, and interest on, the bonds as provided herein, and all officers required by law to perform any duty in regard to the collections of state revenues shall collect that additional sum. 8879.10. Notwithstanding Section 13340, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this chapter, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as the principal and interest become due and payable. (b) The sum which is necessary to carry out Section 8879.12, appropriated without regard to fiscal years. 8879.11. The board may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312, for purposes of this chapter. The amount of the request shall not exceed the amount of the unsold bonds which the committee has, by resolution, authorized to be sold for the purpose of this chapter, less any amount withdrawn pursuant to Section 8879.12. The board shall execute any documents as required by the Pooled Money Investment Board to obtain and repay the loan. Any amount loaned shall be deposited in the fund to be allocated by the Director of Finance in accordance with this chapter. 8879.12. For the purpose of carrying out this chapter, the Director of Finance may, by executive order, authorize the withdrawal from the General Fund of any amount or amounts not to exceed the amount of the unsold bonds which the committee has, by resolution, authorized to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the Earthquake Relief and Seismic Retrofit Bond Fund of 1994. Any money made available under this section shall be returned to the General Fund, plus the interest that the amounts would have earned in the Pooled Money Investment Account, from money received from the sale of bonds which would otherwise be deposited in that fund. 8879.13. The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of the State Obligation Bond Law. Approval by the electors of this act shall constitute approval of any refunding bonds issued pursuant to the State General Obligation Bond Law. 8879.14. Notwithstanding anything in the State General Obligation Bond Law, the maximum maturity of any bonds authorized by this chapter shall not exceed 30 years from the date of each respective series. The maturity of each series shall be calculated from the date of each series. 8879.15. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not "proceeds of taxes" as that term is used in Article XIIIB of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article. 8879.16. Notwithstanding any provision of the State General Obligation Bond Law with regard to the proceeds from the sale of bonds authorized by this chapter that are subject to investment under Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4, the Treasurer may maintain a separate account for investment earnings, order the payment of those earnings to comply with any rebate requirement applicable under federal law, and may otherwise direct the use and investment of those proceeds so as to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state. SEC. 2. The Treasurer is hereby authorized, for purposes of complying with federal tax requirements relating to the bonds authorized by Section 1 of this act, to declare the official intent of the state to use proceeds of these bonds to reimburse the General Fund or special funds for expenditures for earthquake relief made from these funds prior to the approval, sale, and issuance of earthquake relief bonds. SEC. 3. Any funds available from the 1988 Higher Education Capital Outlay Bond Fund, the Higher Education Capital Outlay Bond Fund of June 1990, and the Higher Education Capital Outlay Bond Fund of June 1992, not to exceed a combined total of seventy-five million dollars ($75,000,000), are hereby appropriated to the University of California, the California State University, and the California Community Colleges to be allocated by the Department of Finance to meet the timely allocation of matching grants to repair, replace, reconstruct, renovate, or retrofit on-campus buildings or facilities, including utilities, and streets and roads, damaged by the January 17, 1994, Northridge earthquake. The Department of Finance shall notify in writing the Chair of the Joint Legislative Budget Committee and the chairs of the fiscal committees of both houses of the Legislature at the end of each month regarding any allocations of funds pursuant to this section. SEC. 4. Section 1 of this act shall become operative upon adoption by the people of the Earthquake Relief and Seismic Retrofit Bond Act of 1994 as set forth in Section 1 of this act. SEC. 5. (a) Notwithstanding Section 3525 of the Elections Code, Section 1 of this act shall be submitted to the voters at the June 7, 1994, direct primary election. (b) The Secretary of State shall ensure the placement of Section 1 of this act on the June 7, 1994, statewide ballot, in substantial compliance with any statutory time requirements applicable to the submission of statewide measures to the voters at a statewide election. (c) Notwithstanding Section 3531 of the Elections Code, the Attorney General shall prepare and return to the Secretary of State a ballot title for the bond act contained in Section 1 of this act within five days after the effective date of this act. (d) Notwithstanding Section 3572 of the Elections Code, the Legislative Analyst shall prepare an impartial analysis of the bond act contained in Section 1 of this act within five days after the effective date of this act, but the analysis shall not be submitted to a review committee. (e) The Secretary of State shall include, in the ballot pamphlet mailed pursuant to Section 3578 of the Elections Code, the information specified in Section 3570 of that code regarding the bond act contained in Section 1 of this act. If that inclusion is not possible, the Secretary of State shall publish a supplemental ballot pamphlet regarding the bond act to be mailed with the ballot pamphlet. If the supplemental ballot pamphlet cannot be mailed with the ballot pamphlet, the supplemental ballot pamphlet shall, notwithstanding Section 3578 of the code, be mailed at least 14 days before the election. (f) Notwithstanding any other provision of law, including Sections 10218 and 10219.5 of the Elections Code, and Section 5 of Senate Bill 190 of the 1993-94 Regular Session of the Legislature, Section 1 of this act shall appear as Proposition 1A as the first proposition on the ballot, the School Facilities Bond Act of 1994, as proposed by Senate Bill 190, of the 1993-94 Regular Session, shall appear as Proposition 1B as the second proposition on the ballot, and the Higher Education Facilities Bond Act of June 1994, as proposed by Senate Bill 46, of the 1993-94 Regular Session, shall appear as Proposition 1C as the third Proposition on the ballot. If any of these acts is not submitted to the Secretary of State, those acts that are submitted shall be placed on the ballot in the same order as indicated above, numbered as Proposition 1A or Proposition 1A and Proposition 1B. SEC. 6. Notwithstanding any other provision of law, all ballots of the election shall have printed thereon and in a square thereof, the words: "Earthquake Relief and Seismic Retrofit Bond Act of 1994", and in the same square under those words, the following in 8-point type: "This act provides for a bond issue of two billion dollars ($2,000,000,000) to provide funds for an earthquake relief and seismic retrofit program." Opposite the square, there shall be left spaces in which the voters may place a cross in the manner required by law to indicate whether they vote for or against the act. Where the voting in the election is done by means of voting machines used pursuant to law in the manner that carries out the intent of this section, the use of the voting machines and the expression of the voters' choice by means thereof are in compliance with this section. SEC. 7. (a) The Legislature finds and declares that the completion of seismic safety retrofit work is essential to the welfare and economy of the State of California. (b) It is the intent of the Legislature to ensure that the work be completed as quickly as possible. (c) In order to avoid delays in the completion of the work, it is necessary that certain statutes that would otherwise be applicable be temporarily suspended. (d) The Department of Transportation shall report at the end of each calendar quarter to the Joint Legislative Budget Committee and the committees in each house of the Legislature that consider transportation issues regarding the department's progress toward completion of seismic safety retrofit projects. SEC. 8. Article 4.9 (commencing with Section 180) is added to Chapter 1 of Division 1 of the Streets and Highways Code, to read: Article 4.9. Seismic Retrofit 180. (a) For the purposes of this article, "project" means any activity of seismic retrofit work that includes either the structural modification of an existing highway structure or the replacement of a highway structure by a newly constructed structure meeting seismic safety requirements. (b) For the purpose of this article: (1) "Permit" includes any permit, authorization, approval, or consent in any form. (2) "Permitting agency" includes any city, county, city and county, and any state or local public agency. 180.1. (a) Projects under this article shall not be subject to the provisions of Chapter 1 (commencing with Section 10100) of Part 2 of Division 2 of the Public Contract Code, except the following: (1) Article 1.5 (commencing with Section 10115) of Chapter 1 of Part 2 of Division 2 of the Public Contract Code, as to projects not subject to the provisions of Part 23 of Title 49 of the Code of Federal Regulations. (2) Section 10128 of the Public Contract Code. (3) Article 9 (commencing with Section 10280) of Chapter 1 of Part 2 of Division 2 of the Public Contract Code. (4) Article 10 (commencing with Section 10285) of Chapter 1 of Part 2 of Division 2 of the Public Contract Code. (b) Projects undertaken by a local agency under this article shall not be subject to the Local Agency Public Construction Act (Chapter 1 (commencing with Section 20100) of Part 3 of Division 2 of the Public Contract Code). (c) Projects under this article shall be performed under contract awarded to the lowest responsible bidder, except that they may be done by day labor under the direction of the department or local agency, by contract upon informal bids, or by a combination thereof, in the discretion of the department or local agency. 180.2. Projects under this article for the structural modification of an existing highway structure or the replacement of a highway structure by a newly constructed highway structure within an existing right-of-way shall be considered to be activities under paragraph (4) of subdivision (b) of Section 21080 of the Public Resources Code. 180.3. (a) There is hereby created an ad hoc earthquake emergency and seismic retrofit permit review panel that shall consist of the Secretary of the Business, Transportation and Housing Agency, the Secretary for Environmental Protection, and the Secretary of the Resources Agency. (b) The panel shall hear and approve or deny appeals for time extensions from permitting agencies requested pursuant to Section 180.4, and shall hear and approve or deny appeals from the department or local agency requested pursuant to Section 180.5. 180.4. (a) Notwithstanding any other provision of law, within 15 working days of receiving an application from the department or local agency for a permit for any project subject to this article, a permitting agency shall issue the permit with any conditions the permitting agency deems necessary or shall deny the permit. (b) If the permitting agency fails to act upon the permit within 15 working days, the permit shall be deemed approved, unless the earthquake emergency and seismic retrofit permit review panel grants a time extension pursuant to Section 180.3. If the permitting agency is unable to issue or deny a permit within 15 working days, it may file an appeal for a time extension with the panel. (c) Any permitting agency affected by this article may adopt procedures for expedited permits. 180.5. (a) If the permitting agency denies a permit, or if the department or local agency determines that a permit issued pursuant to Section 180.4 imposes unreasonable conditions that would lead to a significant delay in a seismic retrofit project, the department or local agency may file an appeal with the earthquake emergency and seismic retrofit permit review panel. (b) Notwithstanding any other provision of law, if, at a duly noticed public meeting, the panel reviews a permit or a denial of a permit for which the department or local agency had filed an appeal pursuant to subdivision (a), and finds that the project is necessary for the preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution, the panel may waive the permit, amend any condition established by the permit, or issue a permit that has been denied by the permitting agency. 180.6. Projects under this article are not subject to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1, or Chapter 6 (commencing with Section 14825) of Part 5.5 of Division 3 of Title 2 of the Government Code, or of Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. SEC. 9. Section 8 of this act is severable from the other provisions of this act so that if the inclusion of the provisions of Section 8 is held to violate Section 9 of Article IV of the California Constitution, Section 8 of this act shall become inoperative. SEC. 10. This act shall become operative only if Senate Bill 805 is chaptered. SEC. 11. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to ensure that specified provisions of this act may properly be operative upon adoption by the voters at the direct primary election to be held on June 7, 1994, and that funds for earthquake repairs at state higher education institutions may be made available without delay, it is necessary that this act take effect immediately.