Bill Text: CA AB2708 | 2015-2016 | Regular Session | Introduced

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

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Bill Title: Department of Transportation: Lean 6-SIGMA program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [AB2708 Detail]

Download: California-2015-AB2708-Introduced.html

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BILL NUMBER: AB 2708	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Daly

                        FEBRUARY 19, 2016

   An act to amend Section 91.2 of the Streets and Highways Code,
relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2708, as introduced, Daly. Department of Transportation:
construction inspection services.
   Existing law, until January 1, 2024, requires the Department of
Transportation to perform construction inspection services for
certain design-build projects on or interfacing with the state
highway system and to retain the authority to stop the contractor's
operation wholly or in part and take appropriate action when public
safety and convenience are jeopardized on those projects.
   This bill would make nonsubstantive changes to these provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 91.2 of the Streets and Highways Code is
amended to read:
   91.2.  (a) The department shall perform construction inspection
services for projects on or interfacing with the state highway system
authorized pursuant to Chapter 6.5 (commencing with Section 6820) of
Part 1 of Division 2 of the Public Contract Code. The department
shall use department employees or consultants under contract with the
department to perform the services described in this subdivision and
subdivision (b), consistent with Article XXII of the California
Constitution. Construction inspection services performed by the
department for those projects include, but are not limited to,
material source testing, certification testing, surveying, monitoring
of environmental compliance, independent quality control testing and
inspection, and quality assurance audits. The construction
inspection duties and responsibilities of the department shall
include a direct reporting relationship between the inspectors and
senior department engineers responsible for all inspectors and
construction inspection services. The senior department engineer
responsible for construction inspection services shall be responsible
for the acceptance or rejection of the work.
   (b) Notwithstanding any other law, the department shall retain the
authority to stop the contractor's operation wholly or in part and
take appropriate action when public safety is jeopardized on a
project on or interfacing with the state highway system authorized
pursuant to Chapter 6.5 (commencing with Section 6820) of Part 1 of
Division 2 of the Public Contract Code. The department shall ensure
that public safety and convenience  is   are
 maintained whenever work is performed under an encroachment
permit within the state highway right-of-way, including, but not
limited to, work performed that includes lane closures, signing, work
performed at night, detours, dust control, temporary pavement
quality, crash cushions, temporary railings, pavement transitions,
falsework, shoring, and delineation. The department shall regularly
inspect the job sites for safety compliance and any possible
deficiencies. If  any   a  deficiency is
observed, a written notice shall be sent by the department to the
regional transportation agency's designated resident engineer to
correct the deficiency. Once the deficiency is corrected, a written
notice describing the resolution of the deficiency shall be sent to
the department and documented.
   (c) The department shall use department employees or consultants
under contract with the department to perform the services described
in subdivisions (a) and (b), consistent with Article XXII of the
California Constitution. Department employee and consultant resources
necessary for the performance of those services, including personnel
requirements, shall be included in the department's capital outlay
support program for workload purposes in the annual Budget Act.
   (d) "Construction inspection services" shall not include surveying
work performed as part of a design-build contract.
   (e) This section shall remain in effect only until January 1,
2024, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2024, deletes or extends
that date.
   (f) If any provision or application of this section is held
invalid by a court of competent jurisdiction, the department shall
post on its Internet Web site within 10 business days of the decision
of invalidity that this section has been held invalid.