Bill Text: CA SB110 | 2013-2014 | Regular Session | Enrolled
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-Enrolled.html
BILL NUMBER: SB 110 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 26, 2013
PASSED THE ASSEMBLY AUGUST 19, 2013
AMENDED IN ASSEMBLY AUGUST 8, 2013
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, making an appropriation therefor, and declaring
the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 110, 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. The
members of the task force would be deemed officers of the state,
serve a term of one year, and receive compensation, as specified, and
reimbursement for 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 assessment, as specified.
This bill would provide that the task force is subject to the
Bagley-Keene Open Meeting Act. This bill would provide that the
records of the task force are subject to disclosure in accordance
with the California Public Records Act.
This bill would make these provisions, except for the provisions
regarding the defense and indemnity of task force members described
below, inoperative on July 1, 2014, and would repeal them as of
January 1, 2015.
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 and judgments incurred pursuant to this requirement.
This bill would declare that it is to take effect immediately as
an urgency statute.
Appropriation: yes.
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 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). 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 Government 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 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 assessment pursuant to Section 30964.25.
(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 event 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 and judgments incurred
pursuant to this section.
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.
