Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2036

Introduced by Assembly Member Mansoor

February 20, 2014

An act to begin delete amend end delete begin insert add Chapter 9 (commencing with end insert Section begin delete 91.2 of end delete begin insert 31495) to Division 17 of end insert the Streets and Highways Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

AB 2036, as amended, Mansoor. begin delete Department of Transportation: construction inspection services. end delete begin insert Toll facilities. end insert

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Existing law authorizes certain toll facilities on public highways.

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This bill would authorize a toll facility to be initially implemented on a public highway only if the toll facility is approved by a 2⁄3 vote of the electorate in the area served by the toll facility, and would define “area,” “public highway,” and “toll facility” for these purposes.

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Existing law, until January 1, 2024, requires the Department of Transportation to perform construction inspection services for certain design-build projects on or interfacing with the state highway system and to retain the authority to stop the contractor’s operation wholly or in part and take appropriate action when public safety and convenience are jeopardized on those projects.

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This bill would make nonsubstantive changes to these provisions.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Chapter 9 (commencing with Section 31495) is
added to Division 17 of the end insert begin insert Streets and Highways Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 9. end insert Toll Facilities

 

begin insert 31495. end insert   

(a) Notwithstanding any other provision of this division,
Article 3 (commencing with Section 90) of Chapter 1 of Division
1, or any other law, a toll facility may be initially implemented on
a public highway only if the toll facility is approved by a two-thirds
vote of the electorate in the area served by the toll facility. Nothing
in this section prohibits the charging for parking associated with
a public highway or the charging of park entrance or other park
user charges.

(b) “Area” means the region within five miles of the toll facility.

(c) “Public highway” means a state or local agency highway,
road, or street and includes a bridge.

(d) “Toll facility” means a toll road, toll bridge, toll lane, or
any other facility on a public highway for which a toll is to be
charged, and includes the entire length of the portion of the public
highway that is subject to the toll. “Toll facility” includes a
high-occupancy toll lane.

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begin delete

SECTION 1.  

Section 91.2 of the Streets and Highways Code
is amended to read:

91.2.  

(a) The department shall perform construction inspection
services for projects on or interfacing with the state highway system
authorized pursuant to Chapter 6.5 (commencing with Section
6820) of Part 1 of Division 2 of the Public Contract Code. The
department shall use department employees or consultants under
contract with the department to perform the services described in
this subdivision and subdivision (b), consistent with Article XXII
of the California Constitution. Construction inspection services
performed by the department for those projects include, but are
not limited to, material source testing, certification testing,
surveying, monitoring of environmental compliance, independent
quality control testing and inspection, and quality assurance audits.
The construction inspection duties and responsibilities of the
department shall include a direct reporting relationship between
the inspectors and senior department engineers responsible for all
inspectors and construction inspection services. The senior
department engineer responsible for construction inspection
services shall be responsible for the acceptance or rejection of the
work.

(b) Notwithstanding any other law, the department shall retain
the authority to stop the contractor’s operation wholly or in part
and take appropriate action when public safety is jeopardized on
a project on or interfacing with the state highway system authorized
pursuant to Chapter 6.5 (commencing with Section 6820) of Part
1 of Division 2 of the Public Contract Code. The department shall
ensure that public safety and convenience are maintained whenever
work is performed under an encroachment permit within the state
highway right-of-way, including, but not limited to, work
performed that includes lane closures, signing, work performed at
night, detours, dust control, temporary pavement quality, crash
cushions, temporary railings, pavement transitions, falsework,
shoring, and delineation. The department shall regularly inspect
the job sites for safety compliance and any possible deficiencies.
If a deficiency is observed, a written notice shall be sent by the
department to the regional transportation agency’s designated
resident engineer to correct the deficiency. Once the deficiency is
corrected, a written notice describing the resolution of the
deficiency shall be sent to the department and documented.

(c) The department shall use department employees or
consultants under contract with the department to perform the
services described in subdivisions (a) and (b), consistent with
Article XXII of the California Constitution. Department employee
and consultant resources necessary for the performance of those
services, including personnel requirements, shall be included in
the department’s capital outlay support program for workload
purposes in the annual Budget Act.

(d) “Construction inspection services” shall not include
surveying work performed as part of a design-build contract.

(e) This section shall remain in effect only until January 1, 2024,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2024, deletes or extends that date.

(f) If any provision or application of this section is held invalid
by a court of competent jurisdiction, the department shall post on
its Internet Web site within 10 business days of the decision of
invalidity that this section has been held invalid.

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