California Assembly Bill AB2036 Amended / Bill

 BILL NUMBER: AB 2036AMENDED 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.