BILL NUMBER: AB 755 CHAPTERED
BILL TEXT
CHAPTER 593
FILED WITH SECRETARY OF STATE OCTOBER 5, 2013
APPROVED BY GOVERNOR OCTOBER 5, 2013
PASSED THE SENATE SEPTEMBER 10, 2013
PASSED THE ASSEMBLY SEPTEMBER 11, 2013
AMENDED IN SENATE SEPTEMBER 6, 2013
AMENDED IN SENATE AUGUST 28, 2013
AMENDED IN SENATE AUGUST 13, 2013
INTRODUCED BY Assembly Member Ammiano
FEBRUARY 21, 2013
An act to add Section 14527.1 to the Government Code, relating to
bridges.
LEGISLATIVE COUNSEL'S DIGEST
AB 755, Ammiano. Suicide barriers.
Existing law does not require bridges to be constructed with
suicide barriers. Existing law requires a project study report or a
project study report equivalent to be prepared prior to the inclusion
of a transportation capital improvement project in the regional
transportation improvement program, which is prepared by regional
agencies, or the interregional transportation improvement program,
which is prepared by the Department of Transportation. Existing law
requires the California Transportation Commission to adopt the state
transportation improvement program incorporating projects included in
the regional transportation improvement program and the
interregional transportation improvement program. Existing law also
requires the department to prepare, for approval by the commission, a
separate state highway operation and protection program for capital
improvements that are necessary to preserve and protect the state
highway system.
This bill would require a project study report or project study
report equivalent that is prepared for any new project involving the
construction of a new bridge, or the replacement of a bridge with a
history of documented suicides, which project is included in the
regional transportation improvement program, the interregional
transportation improvement program, or the state highway operation
and protection program, to include a document demonstrating that a
suicide barrier was a feature considered during the project's
planning process. The bill would define "bridge" for these purposes.
Existing law provides that where a public entity is under a
mandatory duty imposed by an enactment that is designed to protect
against the risk of a particular kind of injury, the public entity is
liable for an injury of that kind proximately caused by its failure
to discharge the duty unless the public entity establishes that it
exercised reasonable diligence to discharge the duty.
This bill would provide that it does not impose a mandatory duty
in that regard.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14527.1 is added to the Government Code, to
read:
14527.1. (a) A project study report or project study report
equivalent that is prepared for any new project involving the
construction of a new bridge, or the replacement of a bridge with a
history of documented suicides, which project is included in a
regional transportation improvement program, as described in Section
14527, the interregional transportation improvement program, as
described in Section 14526, or the state highway operation and
protection program, as defined in Section 14526.5, shall include a
document demonstrating that a suicide barrier was a feature
considered for each bridge during the project's planning process.
(b) "Bridge" means a publicly owned bridge on the national highway
system or the federal-aid highway system, or off system, a publicly
owned bridge classified as non-federal-aid highway system.
(c) This section does not impose a mandatory duty pursuant to
Section 815.6.