Bill Text: CA SB110 | 2013-2014 | Regular Session | Amended

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

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Bill Title: East Span, San Francisco-Oakland Bay Bridge Safety

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Vetoed) 2014-02-27 - Consideration of Governor's veto stricken from file. [SB110 Detail]

Download: California-2013-SB110-Amended.html

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BILL NUMBER: SB 110	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 24, 2013
	AMENDED IN ASSEMBLY  JUNE 11, 2013

INTRODUCED BY   Senator DeSaulnier
   (Coauthors: Assembly Members Ammiano and Gordon)

                        JANUARY 14, 2013

   An act to add and repeal Chapter 4.4 (commencing with Section
30964.10) of Division 17 of the Streets and Highways Code, relating
to transportation, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 110, as amended, DeSaulnier. East Span, San Francisco-Oakland
Bay Bridge Safety Review Task Force.
   Existing law identifies the San Francisco-Oakland Bay Bridge as a
"toll bridge" and provides that the bridge and the approaches to it
are a primary state highway. Existing law requires the Department of
Transportation to permanently maintain and operate the San
Francisco-Oakland Bay Bridge as a primary state highway in such a
manner that the physical condition and operating efficiency thereof
are of the highest character. Existing law establishes the Bay Area
Toll Authority and assigns to it responsibility for the
administration of all toll revenues from state-owned toll bridges.
Existing law provides that the power or duty of the authority to fix
the rates of toll for the San Francisco-Oakland Bay Bridge or the
power and duty of the department to collect the tolls so fixed by the
authority for the use of the bridge are not affected by any law
providing that state highways are to be free highways.
   This bill would establish the East Span, San Francisco-Oakland Bay
Bridge Safety Review Task Force in state government and require the
Legislative Analyst to provide administrative support for the task
force as necessary for the completion of its duties. The task force
would consist of 7 members  appointed  
designated  by the Legislative Analyst. Each member of the task
force would serve a term of one year and receive compensation, as
specified, and reimbursement for actual and necessary expenses. The
bill would appropriate  $100,000   $149,000
 from the State Highway Account in the State Transportation Fund
to the Legislative Analyst for purposes of paying for the
compensation and expense reimbursement of the task force members. The
task force would be required to assess the anticipated seismic
structural performance of the East Span, as defined, of the San
Francisco-Oakland Bay Bridge by conducting a series of specified
reviews. The task force would be required to submit a final written
report to the Legislature and the Governor that includes the results
of its reviews, as specified.
   This bill would provide that the task force is exempt from the
Bagley-Keene Open Meeting Act and open meeting requirements that
apply to the Legislature. The bill would  provide that
  deem  the records and documents of the task force
 are   as "legislative records" under the
Legislative Open Records Act, but would  exempt  them 
from disclosure under the  California Public Records Act and
the Legislative Open Records Act   act  until 
after  the final written report is submitted to the Legislature
and the Governor.  Upon submission of the final written
report, the   After submitting the final report, the
 task force would be required to provide copies of  all
of its records and documents   the report and all
documents used or relied upon by the task force in preparing the
report  to the Legislative Analyst, and  the records and
documents of the task force in the possession of the Legislative
Analyst   these records  would be subject to
disclosure  under   by the Legislative Analyst
in accordance with  the  Legislative Open Records Act
  act  .
   Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
   This bill would make legislative findings to that effect.
   This bill would make these provisions, except for the provision
regarding liability described below, inoperative on July 1, 2014, and
would repeal it as of January 1, 2015.
   This bill would provide that the task force  , 
 and  each of its individual members , the
Legislative Analyst, and any other public officer or entity 
are not and may not be held liable for any injury arising out of an
act or omission made in connection with these provisions.
   Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 4.4 (commencing with Section 30964.10) is added
to Division 17 of the Streets and Highways Code, to read:
      CHAPTER 4.4.  EAST SPAN, SAN FRANCISCO-OAKLAND BAY BRIDGE
SAFETY REVIEW TASK FORCE


   30964.10.  (a) The East Span, San Francisco-Oakland Bay Bridge
Safety Review Task Force is hereby established in state government.
The Legislative Analyst shall provide administrative support for the
task force as necessary for the completion of its duties.
   (b) The task force shall consist of seven members 
appointed   designated  by the Legislative Analyst.
Each member shall serve a term of one year. The members shall be
selected based upon the following qualifications:
   (1) Expertise: Members shall be well-credentialed, recognized
experts in the field of bridge design and construction  ,
foundation design, seismic hazard analysis, or a related field 
. The membership shall reflect extensive experience and knowledge
related to the design and construction of structures that resemble
the East Span in terms of complexity and magnitude, and that raise
similar design and construction obstacles and technical challenges.
   (2) Independence: Members shall have minimal or no prior
involvement in the design, construction, or review of the East Span
as determined by the Legislative Analyst. If necessary, members may
be appointed from outside of California.
   (c) The  task force   Legislative Analyst
 shall select a chairperson from  its members 
 the task force membership  .
   (d) The chairperson shall receive compensation of  twelve
  twenty  thousand dollars  ($12,000)
  ($20,000)  . Each of the other members shall
receive compensation of  eight   sixteen 
thousand dollars  ($8,000)   ($16,000)  .
Each member shall be reimbursed for  actual and necessary
  reasonable  expenses. The sum of one hundred 
forty-nine  thousand dollars  ($100,000)  
($149,000)  is hereby appropriated from the State Highway
Account in the State Transportation Fund to the Legislative Analyst,
without regard to fiscal year, for the purpose of paying for the
compensation and expense reimbursement of the members of the task
force.  The Bay Area Toll Authority shall reimburse the State
Highway Account for all funds expended pursuant to this section.

   30964.15.  As used in this chapter, the following terms have the
following meanings:
   (a) "Task force" means the East Span, San Francisco-Oakland Bay
Bridge Safety Review Task Force established in subdivision (a) of
Section 30964.10.
   (b) "East Span" means the  self-anchored suspension
bridge, and its associated 13 foundation piles,  
eastern span  that was constructed as a component of the San
Francisco-Oakland Bay Bridge  , including the  
self-anchored suspension bridge and its associated 13 foundation
piles  .
   30964.20.  (a) All task force meetings shall be held in
California, except that members may  conduct meetings outside the
state, or  participate via conference call  ,  with
the prior consent of the Legislative Analyst.
   (b) Notwithstanding Section 11033 of the Government Code, members
of the task force may be absent from the state on business of the
state.
   (c) Notwithstanding Section 11032 of the Government Code, the
Legislative Analyst may approve  actual and necessary
  reasonable  travel expenses of members for travel
outside the state.
   (d) The task force is exempt from the Bagley-Keene Open Meeting
Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1
of Division 3 of Title 2 of the Government Code) and from Article
2.2 (commencing with Section 9027) of Chapter 1.5 of Part 1 of
Division 2 of Title 2 of the Government Code. 
   (e) The records and documents of the task force, or in the
possession of the task force, are exempt from disclosure under the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code) and the
Legislative Open Records Act (Article 3.5 (commencing with Section
9070) of Chapter 1.5 of Part 1 of Division 2 of Title 2 of the
Government Code) until the final written report pursuant to Section
30964.35 is submitted to the Legislature and the Governor. The task
force shall provide copies of all of its records and documents to the
Legislative Analyst, and, when the task force submits the final
written report to the Legislature and the Governor pursuant to
Section 30964.35, the task force records and documents in the
possession of the Legislative Analyst, including the final written
report, shall then be subject to disclosure under the Legislative
Open Records Act. 
   30964.25.  The task force shall assess the anticipated seismic
structural performance of the East Span as follows:
   (a) Review the seismic design criteria of the East Span. Evaluate
the appropriateness of the approach, methodologies, and modeling
assumptions of the Department of Transportation as they pertain to
the ability of the structure as designed to withstand earthquakes of
an  assumed magnitude   appropriate hazard level
 that could come from the Hayward, San Andreas, or other faults
in the bay area.
   (b) Review construction techniques, testing documents, and other
pertinent information on the construction of the East Span. In
performing this task, the task force shall address specifically
questions that have been raised about construction quality due to
possible problems with the oversight by the Department of
Transportation of the construction contractor and subcontractors.
   (c) Review and evaluate analyses performed by the Department of
Transportation to assess the impact of construction defects
identified pursuant to subdivision (b). The task force may request
that the Department of Transportation run models of the East Span
foundation or bridge, or both, using a different set of assumptions
regarding the construction of the East Span foundation or bridge, or
both, or using different assumptions about the type of anticipated
earthquake.
   (d) Perform a high-level assessment of the risk analysis conducted
by the Department of Transportation as part of the East Span design
to determine whether the department's evaluations of the East Span's
seismic performance as a lifeline structure in the event of a
design-level, large earthquake are appropriate.
   30964.30.  (a) The Department of Transportation shall cooperate
fully with the task force in the performance of its duties pursuant
to this chapter.
   (b) Notwithstanding any other law, the Department of
Transportation shall provide the task force with all relevant
information and records that the task force requests.
   (c) If so requested by the task force, the Department of
Transportation shall run models of the East Span foundation or
bridge, or both, using the assumptions requested by the task force
pursuant to subdivision (c) of Section 30964.25, and shall provide
all resulting information to the task force.
   30964.35.  (a) The task force shall submit a final written report
to the Legislature and the Governor that sets forth the results of
its reviews, including all of the following:
   (1) Whether the Department of Transportation made proper
assumptions and followed proper procedures to ensure that the East
Span will perform as expected under the assumed design earthquake.
   (2) Whether the evaluations of the Department of Transportation
concerning the East Span's seismic performance as a lifeline
structure in the event of a design-level, large earthquake are
appropriate.
   (b) Notwithstanding Section 9795 of the Government Code, the
report to the Legislature shall be delivered to the Senate Committee
on Transportation and Housing and the Assembly Committee on
Transportation.
   30964.40.  This chapter shall become inoperative on July 1, 2014,
and, as of January 1, 2015, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2015, deletes
or extends the dates on which it becomes inoperative and is
repealed.
  SEC. 2.   (a)    Notwithstanding any other
provision of law, including Division 3.6 (commencing with Section
810) of Title 1 of the Government Code, neither the East Span, San
Francisco-Oakland Bay Bridge Safety Review Task Force, as established
in Chapter 4.4 (commencing with Section 30964.10) of Division 17 of
the Streets and Highways Code pursuant to this act, nor  any
member of the task force  , the Legislative Analyst, nor any
other public officer or entity  is or may be held liable
for any injury arising out of an act or omission in connection with
that chapter. 
   (b) (1) The records and documents of the task force shall be
deemed "legislative records" within the meaning of subdivision (c) of
Section 9072 of the Government Code, but shall be exempt from
disclosure under the Legislative Open Records Act (Article 3.5
(commencing with Section 9070) of Chapter 1.5 of Part 1 of Division 2
of Title 2 of the Government Code) except as provided in paragraph
(2).  
   (2) After submitting a final written report to the Legislature and
the Governor pursuant to Section 30964.35 of the Streets and
Highways Code, the task force shall provide copies of the report and
all documents used or relied upon by the task force in preparing the
final report to the Legislative Analyst. All such task force records
in the possession of the Legislative Analyst shall be subject to
disclosure in accordance with the Legislative Open Records Act. 

  SEC. 3.  Pursuant to paragraph (2) of subdivision (b) of Section 3
of Article I of the California Constitution, the Legislature finds
and declares all of the following:
   (a) California has a strong public interest in making every effort
to ensure that the East Span of the San Francisco-Oakland Bay Bridge
is constructed in a manner that ensures that it is a safe and
reliable lifeline structure that will survive a foreseeable
earthquake.
   (b) It is critical for the state to obtain a reliable, independent
review of the structure as soon as possible, and the substantial
public interest to have early access to documents and proceedings
related to this review is outweighed by the public interest of
ensuring that the structure is safe and can survive a foreseeable
earthquake.  All of the records   The final
written report of  and  all  documents  of
  used or relied upon by  the East Span, San
Francisco-Oakland Bay Bridge Safety Review Task Force  ,
including its final written report,   in preparing the
final report  will become subject to the disclosure requirements
of the Legislative Open Records Act once the report is submitted to
the Legislature and the Governor.
  SEC. 4.  It is the intent of the Legislature that the work of the
East Span, San Francisco-Oakland Bay Bridge Safety Review Task Force
established in Chapter 4.4 (commencing with Section 30964.10) of
Division 17 of the Streets and Highways Code not delay the opening of
the new East Span of the San Francisco-Oakland Bay Bridge if the
Department of Transportation determines at any time that the bridge
is safe and ready to open.