BILL NUMBER: AB 2036 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Mansoor
FEBRUARY 20, 2014
An act to amend add Chapter 9 (commencing
with Section 91.2 of 31495) to Division
17 of the Streets and Highways Code, relating to
transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2036, as amended, Mansoor. Department of
Transportation: construction inspection services. Toll
facilities.
Existing law authorizes certain toll facilities on public
highways.
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.
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.
This bill would make nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 9 (commencing with Section
31495) is added to Division 17 of the Streets and Highways
Code , to read:
CHAPTER 9. TOLL FACILITIES
31495. (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.
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.