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 Analystbegin delete andend deletebegin insert. The members of the task forceend insert would be deemed officers of the statebegin delete. Each member of the task force wouldend deletebegin insert,end insert serve a term of one yearbegin insert,end insert
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 costsbegin insert and judgmentsend insert incurred pursuant to this requirement.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Chapter 4.4 (commencing with Section 30964.10)
2is added to Division 17 of the Streets and Highways Code, to read:
3
(a) The East Span, San Francisco-Oakland Bay
8Bridge Safety Review Task Force is hereby established in state
9government. The Legislative Analyst shall provide administrative
10support for the task force as necessary for the completion of its
11duties.
12(b) The task force shall consist of seven members designated
13by the Legislative Analyst. Each member shall serve a term of one
14year and shall be deemed an officer of the state. The members
15shall be selected based upon the following qualifications:
16(1) Expertise: Members shall be well-credentialed, recognized
17experts in the field of bridge design and construction,
foundation
18design, seismic hazard analysis, or a related field. The membership
19shall reflect extensive experience and knowledge related to the
20design and construction of structures that resemble the East Span
21in terms of complexity and magnitude, and that raise similar design
22and construction obstacles and technical challenges.
23(2) Independence: Members shall have minimal or no prior
24involvement in the design, construction, or review of the East Span
25as determined by the Legislative Analyst. If necessary, members
26may be appointed from outside of California.
27(c) The Legislative Analyst shall select a chairperson from the
28task force membership.
29(d) The chairperson shall receive compensation of twenty
30thousand dollars
($20,000). Each of the other members shall
31receive compensation of sixteen thousand dollars ($16,000). Each
32member shall be reimbursed for reasonable expenses. The sum of
33one hundred forty-nine thousand dollars ($149,000) is hereby
34appropriated from the State Highway Account in the State
35Transportation Fund to the Legislative Analyst, without regard to
36fiscal year, for the purpose of paying for the compensation and
37expense reimbursement of the members of the task force. The Bay
P4 1Area Toll Authority shall reimburse the State Highway Account
2for all funds expended pursuant to this section.
As used in this chapter, the following terms have
4the following meanings:
5(a) “Task force” means the East Span, San Francisco-Oakland
6Bay Bridge Safety Review Task Force established in subdivision
7(a) of Section 30964.10.
8(b) “East Span” means the eastern span that was constructed as
9a component of the San Francisco-Oakland Bay Bridge, including
10the self-anchored suspension bridge and its associated 13
11foundation piles.
(a) All task force meetings shall be held in
13California, except that members may conduct meetings outside
14the state, or participate via conference call, with the prior consent
15of the Legislative Analyst.
16(b) Notwithstanding Section 11033 of the Government Code,
17members of the task force may be absent from the state on business
18of the state.
19(c) Notwithstanding Section 11032 of the Government Code,
20the Legislative Analyst may approve reasonable travel expenses
21of members for travel outside the state.
22(d) The task force is subject to the Bagley-Keene Open Meeting
23Act (Article 9 (commencing with Section 11120) of Chapter 1 of
24Part 1 of Division 3 of Title 2 of the Government Code). The
25records of the task force are subject to disclosure in accordance
26with the California Public Records Act (Chapter 3.5 (commencing
27with Section 6250) of Division 7 of Title 1 of the Government
28Code).
The task force shall assess the anticipated seismic
30structural performance of the East Span as follows:
31(a) Review the seismic design criteria of the East Span. Evaluate
32the appropriateness of the approach, methodologies, and modeling
33assumptions of the Department of Transportation as they pertain
34to the ability of the structure as designed to withstand earthquakes
35of an appropriate hazard level that could come from the Hayward,
36San Andreas, or other faults in the San Francisco Bay area.
37(b) Review construction techniques, testing documents, and
38other pertinent information on the construction of the East Span.
39In performing
this task, the task force shall address specifically
40questions that have been raised about construction quality due to
P5 1possible problems with the oversight by the Department of
2Transportation of the construction contractor and subcontractors.
3(c) Review and evaluate analyses performed by the Department
4of Transportation to assess the impact of construction defects
5identified pursuant to subdivision (b). The task force may request
6that the Department of Transportation run models of the East Span
7foundation or bridge, or both, using a different set of assumptions
8regarding the construction of the East Span foundation or bridge,
9or both, or using different assumptions about the type of anticipated
10earthquake.
11(d) Perform a high-level assessment of the risk analysis
12conducted by the
Department of Transportation as part of the East
13Span design to determine whether the department’s evaluations
14of the East Span’s seismic performance as a lifeline structure in
15the event of a design-level, large earthquake are appropriate.
(a) The Department of Transportation shall
17cooperate fully with the task force in the performance of its duties
18pursuant to this chapter.
19(b) Notwithstanding any other law, the Department of
20Transportation shall provide the task force with all relevant
21information and records that the task force requests.
22(c) If so requested by the task force, the Department of
23Transportation shall run models of the East Span foundation or
24bridge, or both, using the assumptions requested by the task force
25pursuant to subdivision (c) of Section 30964.25, and shall provide
26all resulting information to the task
force.
(a) The task force shall submit a final written report
28to the Legislature and the Governor that sets forth the results of
29its assessment pursuant to Section 30964.25.
30(b) Notwithstanding Section 9795 of the Government Code, the
31
report to the Legislature shall be delivered to the Senate Committee
32on Transportation and Housing and the Assembly Committee on
33Transportation.
This chapter shall become inoperative on July 1,
352014, and, as of January 1, 2015, is repealed, unless a later enacted
36statute, that becomes operative on or before January 1, 2015,
37deletes or extends the dates on which it becomes inoperative and
38is repealed.
The Department of Transportation shall be solely
40responsible for performing the duties of a public entity pursuant
P6 1to Article 4 (commencing with Section 825) of Chapter 1 of Part
22 of, and Part 7 (commencing with Section 995) of, Division 3.6
3of Title 1 of the Government Code in the event that a member of
4the East Span, San Francisco-Oakland Bay Bridge Safety Review
5Task Force, established in Chapter 4.4 (commencing with Section
630964.10) of Division 17 of the Streets and Highways Code
7pursuant to this act, invokes the protections provided in those
8provisions of the Government Code. The Bay Area Toll Authority
9
shall reimburse the Department of Transportation for any costs
10begin insert and judgmentsend insert incurred pursuant to this section.
It is the intent of the Legislature that the work of the
12East Span, San Francisco-Oakland Bay Bridge Safety Review Task
13Force established in Chapter 4.4 (commencing with Section
1430964.10) of Division 17 of the Streets and Highways Code not
15delay the opening of the new East Span of the San
16Francisco-Oakland Bay Bridge if the Department of Transportation
17determines at any time that the bridge is safe and ready to open.
This act is an urgency statute necessary for the
19immediate preservation of the public peace, health, or safety within
20the meaning of Article IV of the Constitution and shall go into
21immediate effect. The facts constituting the necessity are:
22In order for the state to obtain a reliable, independent review of
23the seismic safety of the East Span of the San Francisco-Oakland
24Bay Bridge as soon as possible, it is necessary that this act take
25effect immediately.
O
95