Amended in Assembly July 3, 2013

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, begin delete and end delete making an appropriation therefor begin insert , and declaring the urgency thereof, to take effect immediately end insert .

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 begin insert and would be deemed officers of the state end insert . Each member of the task force would serve a term of one year and receive compensation, as specified, and reimbursement for begin delete actual and necessary end delete begin insert reasonable end insert 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. begin insert 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. end insert 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 begin delete reviews end delete begin insert assessment end insert , as specified.

This bill would provide that the task force is begin delete exempt from end delete begin insert subject to end insert the Bagley-Keene Open Meeting Act begin delete and open meeting requirements that apply to the Legislature end delete . begin delete 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. end delete begin insert end insert begin insert This bill would provide that the records end insert begin insert of the task force are subject to disclosure in accordance with the California Public Records Act. end insert

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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.

end delete begin delete

This bill would make legislative findings to that effect.

end delete

This bill would make these provisions, except for the begin delete provision end delete begin insert provisions end insert regarding begin delete liability end delete begin insert the defense and indemnity of task force members end insert described below, inoperative on July 1, 2014, and would repeal begin delete it end delete begin insert them end insert as of January 1, 2015.

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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.

end delete begin insert

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.

end insert begin insert

This bill would declare that it is to take effect immediately as an urgency statute.

end insert

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 begin insert and shall be deemed an officer of the state end insert . 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 begin delete exempt from end delete begin insert subject to end insert 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) begin delete 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 end delete . begin insert The records end insert begin insert 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). end insert

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 begin delete bay end delete begin insert San Francisco Bay end insert 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 begin delete reviews, including all of the following: end delete begin insert assessment pursuant to
Section 30964.25. end insert

begin delete

(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.

end delete begin delete

(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.

end delete

(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.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert 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
incurred pursuant to this section. end insert

begin delete

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.

end delete

begin delete SEC. 4. end delete
begin insert SEC. 3. end insert   

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.

begin insert

begin insert SEC. 4. end insert   

end insert begin insert

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:

end insert begin insert

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.

end insert