Amended in Assembly June 24, 2013

Amended in Assembly June 11, 2013

Senate Bill No. 110

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 begin delete appointed end delete begin insert designated end insert 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 begin delete $100,000 end delete begin insert $149,000 end insert 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 begin delete provide that end delete begin insert deem end insert the records and documents of the task force begin delete are end delete begin insert as “legislative records” under the Legislative Open Records Act, but would end insert exempt begin insert them end insert from disclosure under the begin delete California Public Records Act and the Legislative Open Records Act end delete begin insert act end insert until begin insert after end insert the final written report is submitted to the Legislature and the Governor. begin delete Upon submission of the final written report, the end delete begin insert After submitting the final report, the end insert task force would be required to provide copies of begin delete all of its records and documents end delete begin insert the report and all documents used or relied upon by the task force in preparing the report end insert to the Legislative Analyst, and begin delete the records and documents of the task force in the possession of the Legislative Analyst end delete begin insert these records end insert would be subject to disclosure begin delete under end delete begin insert by the Legislative Analyst in accordance with end insert the begin delete Legislative Open Records Act end delete begin insert act end insert .

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 begin delete , end delete begin insert and end insert each of its individual members begin delete , the Legislative Analyst, and any other public officer or entity end delete 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 begin delete appointed end delete
begin insert designated end insert 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 begin insert , foundation
design, seismic hazard analysis, or a related field end insert . 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 begin delete task force end delete begin insert Legislative Analyst end insert shall select a chairperson
from begin delete its members end delete begin insert the task force membership end insert .

(d) The chairperson shall receive compensation of begin delete twelve end delete begin insert twenty end insert
thousand dollars begin delete ($12,000) end delete begin insert ($20,000) end insert . Each of the other members
shall receive compensation of begin delete eight end delete begin insert sixteen end insert thousand dollars
begin delete ($8,000) end delete begin insert ($16,000) end insert . Each member shall be reimbursed for begin delete actual
and necessary end delete begin insert reasonable end insert expenses. The sum of one hundred
begin insert forty-nine end insert thousand dollars begin delete ($100,000) end delete begin insert ($149,000) end insert 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. begin insert The Bay
Area Toll Authority shall reimburse the State Highway Account
for all funds expended pursuant to this section. end insert

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 begin delete self-anchored suspension bridge, and
its associated 13 foundation piles, end delete begin insert eastern span end insert that was constructed
as a component of the San Francisco-Oakland Bay Bridge begin insert ,
including the self-anchored suspension bridge and its associated
13 foundation piles end insert .

30964.20.  

(a) All task force meetings shall be held in
California, except that members may begin insert conduct meetings outside
the state, or end insert participate via conference call begin insert , end insert 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 begin delete actual and necessary end delete
begin insert reasonable end insert 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.

begin delete

(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.

end delete

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 begin delete assumed magnitude end delete begin insert appropriate hazard level end insert 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.  

begin insert (a) end insert begin insert   end insert 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, begin insert nor end insert any member of the task force begin delete , the Legislative Analyst, nor
any other public officer or entity end delete is or may be held liable for any
injury arising out of an act or omission in connection with that
chapter.

begin insert

(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).

end insert begin insert

(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.

end insert

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. begin delete All of the records end delete begin insert The final written report of end insert and begin insert all end insert
documents begin delete of end delete begin insert used or relied upon by end insert the East Span, San
Francisco-Oakland Bay Bridge Safety Review Task Force begin delete ,
including its final written report, end delete begin insert in preparing the final report end insert 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.