BILL ANALYSIS Ó
SB 110
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Date of Hearing: August 14, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 110 (DeSaulnier) - As Amended: August 8, 2013
Policy Committee: JudiciaryVote:10-0
Transportation 13-0
Urgency: Yes State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill establishes, until July 1, 2014, a task force to
review the seismic safety of the East Span of the San
Francisco-Oakland Bay Bridge and report its findings to the
Legislature. Specifically, this bill:
1)Establishes a task force consisting of seven members, as
designated by the Legislative Analyst's Office (LAO), to serve
a one-year term to:
a) Review the seismic design criteria of the east span and
evaluate the appropriateness of the approach,
methodologies, and modeling assumptions used by Caltrans as
they pertain to the bridge's ability to withstand an
earthquake of an appropriate hazard level.
b) Review construction techniques, testing documents, and
other pertinent information regarding construction of the
bridge and address specific questions that have been raised
about construction quality due to possible problems with
Caltrans' oversight of the construction contractor and
subcontractors.
c) Review and evaluate Caltrans' analyses to assess the
impact of construction defects.
d) Evaluate Caltrans' risk analysis of the bridge to
determine if the department appropriately assessed the
bridge's ability to withstand a large earthquake.
2)Appropriates $149,000 from the State Transportation Account
SB 110
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(SHA) to provide compensation to the task force chair
($20,000) and the other members ($16,000 each) and to
reimburse task force members for related expenses, and
requires the Bay Area Toll Authority (BATA) to reimburse this
amount to the SHA.
3)Stipulates that the task force is subject to the Bagley-Keene
Open Meeting Act and that task force records are subject to
disclosure under the state Public Records Act.
4)Requires Caltrans to provide relevant information to, and run
models for, the task force, as requested.
5)States that the task force members are deemed to be officers
of the state and thus are immune from liability related to
their work.
6)Requires Caltrans to defend the task force against any claim
or action related to their work and to pay any judgment
resulting from such a claim or action.
7)Requires BATA to reimburse Caltrans for any costs and
judgments resulting from (6).
8)State legislative intent that the task force work not delay
the bridge opening.
FISCAL EFFECT
1)One-time appropriation of $149,000 for task force
compensation, and potential significant costs to the extent
the results of the task force's work leads to any litigation
and judgment. Per the bill's provisions, all costs will be
borne by the State Highway Account and fully reimbursed by
BATA through toll revenues
2)Minor absorbable one-time costs (up to $100,000) for Caltrans
to provide information, including running models, for the task
force.
COMMENTS
Purpose . According to the author, the genesis of this bill was
recent media reports raising questions about the structural
soundness of the new East span of the San Francisco-Oakland Bay
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Bridge. Questions were first raised last year regarding the
soundness of the bridge's main tower foundation. More recently,
media attention has focused on steel bolts that broke when
tightened.
In early July, the Toll Bridge Program Oversight Committee,
which consists of the heads of Caltrans, BATA, and the
California Transportation Commission, determined that bridge
opening would be delayed from Labor Day weekend until after
completion of retrofit work on the bridge's east pier, which is
not expected before early December.
The task force specified in this bill has already been convened
by the LAO. Task force members; however, did not wish to proceed
absent being provided immunity, hence SB 110, which contains an
urgency clause so the task force can commence its work at the
earliest possible time.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081