Amended  IN  Senate  July 11, 2019
Amended  IN  Senate  June 27, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 759

Introduced by Assembly Member Bigelow
(Coauthor: Assembly Member Grayson)

February 19, 2019

An act to add Division 11.2 (commencing with Section 23340) to the Vehicle and repeal Section 92.1 of the Streets and Highways Code, relating to traffic safety.


LEGISLATIVE COUNSEL'S DIGEST


AB 759, as amended, Bigelow. Traffic signals and barriers: work zones. safety: work zones: positive protection measures.
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 the Department of Transportation to update guidance by July 1, 2021, to specify the appropriate use of positive protection measures with the goal of isolating workers or work zones from traffic. The bill would require the department to provide compensation for a safety device authorized, but not required, by its updated guidance, if requested by a contractor. The bill would require the department to submit a report to the Legislature by January 1, 2024, that includes findings and recommendations on the use of positive protection measures used pursuant to these provisions.

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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 (a) The Legislature finds and declares all both of the following:

(a)

(1) 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)

(2) Mandating the use of AFADs and TMAs appropriate safety devices 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)

(b) 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.

 Section 92.1 is added to the Streets and Highways Code, to read:

92.1.
 (a) The department shall update guidance by July 1, 2021, to specify the appropriate use of positive protection measures, including, but not limited to, automated flagger assistance devices, buffer lanes, impact attenuator vehicles, and temporary barriers, with the goal of isolating workers or work zones from traffic.
(b) Where the department’s updated guidance authorizes, but does not require, use of a safety device, the department shall provide compensation for the safety device if requested by a contractor.
(c) The department shall submit a report to the Legislature by January 1, 2024, in compliance with Section 9795 of the Government Code that includes findings and recommendations on the use of positive protection measures used pursuant to this section.
(d) This section shall remain in effect only until January 1, 2025, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2025, deletes or extends that date.

SEC. 2.Division 11.2 (commencing with Section 23340) is added to the Vehicle Code, to read:
11.2.Street and Highway Project Safety
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.

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.

3.Violations
23342.

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