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  JULY 3, 2013
	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  , and declaring the urgency thereof, to take effect
immediately  .


	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 designated by the Legislative Analyst 
and would be deemed officers of the state  . Each member of the
task force would serve a term of one year and receive compensation,
as specified, and reimbursement for  actual and necessary
  reasonable  expenses. The bill would appropriate
$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 bill would require the Bay Area Toll Authority to reimburse
the State Highway Account for all funds expended for purposes of the
task force.  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  
assessment  , as specified.
   This bill would provide that the task force is  exempt
from   subject   to  the Bagley-Keene Open
Meeting Act  and open meeting requirements that apply to the
Legislature  .  The bill would deem the records and
documents of the task force as "legislative records" under the
Legislative Open Records Act, but would exempt them from disclosure
under the act until after the final written report is submitted to
the Legislature and the Governor. After submitting the final report,
the task force would be required to provide copies of the report and
all documents used or relied upon by the task force in preparing the
report to the Legislative Analyst, and these records would be subject
to disclosure by the Legislative Analyst in accordance with the act.
    This bill would provide that the records
  of the task force are subject to disclosure in accordance
with the California Public Records 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   provisions  regarding 
liability   the defense and indemnity of task force
  members  described below, inoperative on July 1,
2014, and would repeal  it   them  as of
January 1, 2015. 
   This bill would provide that the task force and each of its
individual members are not and may not be held liable for any injury
arising out of an act or omission made in connection with these
provisions.  
   This bill would require the Department of Transportation to defend
and indemnify a member of the task force pursuant to specified
provisions of the Government Claims Act in the event that the member
invokes the protections provided in those provisions. The bill would
require the Bay Area Toll Authority to reimburse the department for
costs incurred pursuant to this requirement.  
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   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 designated by
the Legislative Analyst. Each member shall serve a term of one year
 and shall be deemed an officer of the state  . 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 Legislative Analyst shall select a chairperson from the
task force membership.
   (d) The chairperson shall receive compensation of twenty thousand
dollars ($20,000). Each of the other members shall receive
compensation of sixteen thousand dollars ($16,000). Each member shall
be reimbursed for reasonable expenses. The sum of one hundred
forty-nine thousand dollars ($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 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 reasonable travel expenses of members
for travel outside the state.
   (d) The task force is  exempt from   subject
to  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  .  The records   of the
task force are subject to disclosure in accordance   with
the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1 of the Govern   ment
Code). 
   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 appropriate hazard level that could come from the Hayward, San
Andreas, or other faults in the  bay   San
Francisco 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:  
assessment pursuant to Section 30964.25.  
   (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.    The Department of Transportation shall be
solely responsible for performing the duties of a public entity
pursuant to Article 4 (commencing with Section 825) of Chapter 1 of
Part 2 of, and Part 7 (commencing with Section 995) of, Division 3.6
of Title 1 of the Government Code in the eve   nt that a
member 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
pursuant to this act, invokes the protections provided in those
provisions of the Government Code. The Bay Area Toll Authority 
 shall reimburse the Department of Transportation for any costs
incurred pursuant to this section.  
  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 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. The final written report of and all documents used or
relied upon by the East Span, San Francisco-Oakland Bay Bridge Safety
Review Task Force 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.   SEC. 3.   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.
   SEC. 4.   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 for the state to obtain a reliable, independent review of
the seismic safety of the East Span of the San Francisco-Oakland Bay
Bridge as soon as possible, it is necessary that this act take
effect immediately.