Bill Text: CA AB759 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Traffic safety: work zones: positive protection measures.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-10-08 - Chaptered by Secretary of State - Chapter 617, Statutes of 2019. [AB759 Detail]

Download: California-2019-AB759-Amended.html

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Amended  IN  Senate  June 27, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 759

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Introduced by Assembly Member Bigelow

February 19, 2019

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An act to amend Section 19605.25 of the Business and Professions Code, relating to horse racing. An act to add Division 11.2 (commencing with Section 23340) to the Vehicle Code, relating to traffic safety.

LEGISLATIVE COUNSEL'S DIGEST

AB 759, as amended, Bigelow. Horse racing: minisatellite wagering facilities. Traffic signals and barriers: work zones.

Existing law authorizes traffic to be restricted through or around the work on streets and highways whenever the traffic would endanger the safety of workers or the work would interfere with, or endanger the movement of, traffic through the work zone. Existing law authorizes traffic in work zones to be regulated by warning signs, lights, appropriate control devices, or by a person or persons controlling and directing the flow of traffic.

This bill would require an automated flagger assistance device (AFAD) to be used at any time the traffic on a two-way street or highway is routed to become a single lane through which the two-way traffic alternates and the allowable speed limit is 40 miles per hour or more, except as specified. The bill would require the cost of an AFAD to be included as a separate line item in any bid for work in which the AFAD would be required.

The bill would require a truck-mounted attenuator (TMA) to be used at any time work is conducted on the state highway system along the highway shoulder or near a closed highway lane. The bill would require a TMA to meet specific requirements, including being designed to protect workers in the work zone from an impacting vehicle and placed a minimum of 100 feet from a work zone. The bill would require the Department of Transportation to develop regulations for the placement of multiple TMAs to ensure maximum safety near work zones. The bill would require the cost of a TMA to be included as a separate line item in any bid for work in which the TMA would be required.

The bill would make legislative findings and declarations in support of these provisions.

(1)Existing law authorizes the California Horse Racing Board to approve an additional 15 minisatellite wagering sites in each zone under certain conditions, including that no site is within 20 miles of a racetrack, a satellite wagering facility, or a tribal casino that has a satellite wagering facility. Existing law provides that if the proposed facility is within 20 miles of one of the above-referenced satellite facilities, then the consent of each facility within a 20-mile radius must be given before the proposed facility may be approved by the board.

Existing law provided that until January 1, 2013, if the proposed minisatellite wagering site is in the northern zone in a fair district where the fair has operated a satellite wagering facility for the previous 5 years, the approval of the fair must be obtained even if the proposed location is more than 20 miles from the existing satellite wagering facility operated by the fair.

This bill would delete this obsolete provision.

(2)Existing law also requires that the organization that will operate the minisatellite wagering facility execute a specified agreement approved by the board with the association conducting a racing meeting and the minisatellite wagering facility that specifies, among other things, the components of its racing program, including live, out-of-zone, out-of-state, and out-of-country races, that an association or fair will make available to the site.

This bill would clarify that live also includes live in-state races as part of the organization’s racing program.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 The Legislature finds and declares all of the following:

(a) People who construct and maintain California’s roads and transportation infrastructure deserve a safe working environment and to be protected from preventable injury and death. Therefore, protecting construction and maintenance workers is a high priority.

(b) Automated flagger assistance devices (AFADs) have a strong history of safe operation in the United States and California of protecting construction and maintenance workers and drivers.

(c) Truck-mounted attenuators (TMAs) create physical barriers that protect construction and maintenance workers in high-speed settings from being struck by distracted or impaired drivers.

(d) Mandating the use of AFADs and TMAs to control traffic through lane closures and road and transportation infrastructure projects will greatly reduce preventable injuries and deaths to construction and maintenance workers and drivers.

(e) It is the intent of the Legislature to enhance the safety of California’s road and transportation infrastructure projects by enacting this act.

SEC. 2.

 Division 11.2 (commencing with Section 23340) is added to the Vehicle Code, to read:

DIVISION 11.2. Street and Highway Project Safety

Article  1. Automated Flagger Assistance Devices

23340.

 For purposes of this article, an “automated flagger assistance device” or “AFAD”is a trailer-mounted official traffic control signal, as specified in the Manual on Uniform Traffic Control Devices.

23340.2.

 (a) An AFAD shall be used any time the traffic on a two-way street or highway is routed to become a single lane through which the two-way traffic alternates and the allowable speed limit is 40 miles per hour or more. An AFAD shall be used at both ends of the single lane of traffic.

(b) Notwithstanding subdivision (a), an AFAD is not required under either of the following circumstances:

(1) A peace officer is performing traffic control at the scene of an accident.

(2) Emergency road work is being conducted for two hours or less to clear an impediment to driving on a street or highway, including, but not limited to, removing a tree blocking a street or highway.

23340.4.

 The cost of an AFAD shall be included as a separate line item in any bid for work that would require its use in compliance with this article.

Article  2. Truck-Mounted Attenuators

23341.

 For purposes of this article, a “truck-mounted attenuator” or “TMA” is an impact attenuator that reduces damage resulting from a motor vehicle collision by absorbing kinetic energy and is attached to a truck tractor, semitrailer, trailer, or special construction equipment, as specified in the Manual on Uniform Traffic Control Devices.

23341.2.

 A TMA shall be used any time work is conducted on the state highway system, as described in Chapter 2 (commencing with Section 230) of Division 1 of the Streets and Highways Code, along the highway shoulder or near a closed highway lane.

23341.4.

 (a) A TMA shall be placed a minimum of 100 feet from a work zone.

(b) A TMA shall be designed to do all of the following:

(1) Protect workers in a work zone from an impacting motor vehicle.

(2) Reduce impact severity for occupants of the impacting motor vehicle.

(3) Reduce impact severity for occupants of a support motor vehicle.

(4) Reduce or eliminate damage to a support motor vehicle.

23341.6.

 The Department of Transportation shall develop regulations for the placement of multiple TMAs to ensure maximum safety near work zones.

23341.8.

 The cost of a TMA shall be included as a separate line item in any bid for work that would require its use in compliance with this article.

Article  3. Violations

23342.

 Notwithstanding any other law, including Section 40000.1, a violation of this division is not a crime.

SECTION 1.Section 19605.25 of the Business and Professions Code is amended to read:

19605.25.

(a)The board may approve an additional 15 minisatellite wagering sites in each zone, if all of the following conditions are met:

(1)No site is within 20 miles of a racetrack, a satellite wagering facility, or a tribal casino that has a satellite wagering facility. If the proposed minisatellite wagering facility is within 20 miles of one of the above-referenced satellite facilities, then the consent of each facility within a 20-mile radius must be given before the proposed minisatellite wagering facility may be approved by the board.

(2)An agreement in accordance with subdivision (a) of Section 19605.3 has been executed and approved by the board. In addition to the requirements set forth in that provision, the agreement shall specify which components of its racing program, including live in-state, out-of-zone, out-of-state, and out-of-country races, an association or fair will make available to the site. The terms and conditions of the agreement, including all fees payable pursuant to paragraph (3) of that provision, a portion of which may be paid to horsemen in the form of purses, shall be subject to the approval of the horsemen’s and horsewomen’s organization responsible for negotiating purse agreements with the association or fair.

(3)The site is approved by the board.

(4)The wagers are accepted in an area that is accessible only to those patrons who are at least 21 years of age.

(5)The board has approved the accommodation, equipment used in conducting wagering at the site, communications system, technology, and method used by the site to accept wagers and transmit odds, results, and other data related to wagering.

(b)Parimutuel clerks shall be available to service the self-service tote machines at minisatellite wagering locations, and to cash wagering vouchers on a regularly scheduled basis.

(c)For purposes of commissions, deductions, and distribution of handle, wagers placed at minisatellite wagering sites shall be treated as if they were placed at satellite wagering facilities authorized under Section 19605, 19605.1, or 19605.2. Section 19608.4 shall apply to minisatellite wagering facilities.

(d)The written consent of the San Mateo County Fair shall be obtained before the approval of any minisatellite wagering site located within a 20-mile radius of its fairground.

(e)Minisatellite wagering facilities created pursuant to this section are not eligible for satellite wagering commission distributions pursuant to Section 19604.

(f)The board, in adopting regulations to implement this section, shall minimize the expense to both the operator of the minisatellite wagering facility and the host racetrack.

(g)If there are more than 15 applications for minisatellite wagering facilities in any zone, the board shall determine which facilities will generate the largest handle, and give priority to the approval of those facilities. The board shall license a minisatellite wagering facility for up to five years, and then review the operation and the size of the handle, and determine if it is in the best interest of horse racing to relicense the facility or, in the alternative, license another minisatellite wagering facility that might generate a greater handle.

(h)Except as may be provided in the agreement required pursuant to paragraph (2) of subdivision (a), no association or fair shall be required to make all or part of its racing program available to a minisatellite wagering facility. Notwithstanding subdivision (e) of Section 19608.2, all costs incurred by the organization executing that agreement in excess of the amounts distributable to the organization from wagers placed at the site on that racing program, shall be borne by the minisatellite wagering facility.