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SB-502 Commuter rail systems: availability of automated external defibrillators: Construction Manager/General Contractor Project delivery method: Metrolink commuter rail projects.(2017-2018)

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Date Published: 09/08/2018 04:00 AM
SB502:v92#DOCUMENT

Enrolled  September 07, 2018
Passed  IN  Senate  August 31, 2018
Passed  IN  Assembly  August 31, 2018
Amended  IN  Assembly  August 27, 2018
Amended  IN  Assembly  August 23, 2018
Amended  IN  Assembly  June 20, 2018
Amended  IN  Assembly  May 31, 2018
Amended  IN  Assembly  September 07, 2017
Amended  IN  Senate  March 29, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 502

Introduced by Senator Portantino
(Coauthors: Assembly Members Cervantes, Frazier, Friedman, Gipson, Harper, Medina, Quirk-Silva, and Santiago)

February 16, 2017

An act to amend Section 6971 of the Public Contract Code, and to add Section 99175 to the Public Utilities Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


SB 502, Portantino. Commuter rail systems: availability of automated external defibrillators: Construction Manager/General Contractor Project delivery method: Metrolink commuter rail projects.
(1) Existing law governing public contracting authorizes regional transportation agencies, as defined, to use the Construction Manager/General Contractor (CM/GC) project delivery method, as specified, to design and construct certain projects if there is an evaluation of the traditional design-bid-build method of construction and of the CM/GC method and the board of the regional transportation agency adopts the CM/GC method in a public meeting. Existing law defines “project” for these purposes to mean the construction of an expressway that is not on the state highway system, the construction of specified bridges that are not on the state highway system, specified projects in the County of Riverside, and the construction, alteration, repair, rehabilitation, or improvement of the Golden Gate Bridge. Existing law requires that specified information provided to a regional transportation agency under the CM/GC method be verified under oath.
This bill would include in the definition of “project” a Metrolink commuter rail project. By expanding the scope of the existing crime of perjury, the bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for Metrolink commuter rail projects.
(2) Existing law exempts from civil liability any person who, in good faith and not for compensation, renders emergency care or treatment by the use of an automated external defibrillator (AED) at the scene of an emergency, except in the case of personal injury or wrongful death that results from the gross negligence or willful or wanton misconduct of the person who renders emergency care or treatment. Existing law also exempts from civil liability a person or entity that acquires an AED for emergency use and a health care professional who is involved with the selection, placement, or installation of the AED, as specified.
This bill would require a public entity that operates, or contracts for the operation of, a commuter rail system to ensure that each train has an AED as part of its safety equipment subject to specified requirements, including that the AED be installed by July 1, 2020, except as specified, and to transmit confirmation of its compliance with those requirements in writing to the Public Utilities Commission. The bill would exempt an affected public entity that acquires an AED for emergency care from liability for any civil damages resulting from any acts or omissions in the rendering of the emergency care by use of the AED if the public entity has complied with certain requirements.
(3) By imposing new duties on local public officials, the bill would create a state-mandated local program.
(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 6971 of the Public Contract Code is amended to read:

6971.
 (a) The Legislature finds and declares that the County of Riverside should be considered a transportation planning agency for the purposes of this chapter in order to effectuate the construction of the railroad grade separations and bridge rehabilitations and replacements specified in subparagraph (C) of paragraph (4) of subdivision (b) using Construction Manager/General Contractor authority. The passage of the Road Repair and Accountability Act of 2017 (Chapter 5 of the Statutes of 2017) provides additional transportation revenue to help close the significant funding shortfalls and address the substantial backlog of infrastructure projects that are in need of repair. The geography, topography, and location of these railroad grade separations and bridge rehabilitations and replacements projects present many potential complex challenges, and the Construction Manager/General Contractor method could reduce delays and ensure that those challenges are fully understood at the outset of construction.
(b) For purposes of this chapter, the following definitions apply:
(1) “Construction manager” means a partnership, corporation, or other legal entity that is able to provide appropriately licensed contracting and engineering services as needed pursuant to a Construction Manager/General Contractor method contract.
(2) “Construction Manager/General Contractor method” means a project delivery method in which a construction manager is procured to provide preconstruction services during the design phase of the project and construction services during the construction phase of the project. The contract for construction services may be entered into at the same time as the contract for preconstruction services, or at a later time. The execution of the design and the construction of the project may be in sequential phases or concurrent phases.
(3) “Preconstruction services” means advice during the design phase, including, but not limited to, scheduling, pricing, and phasing to assist the regional transportation agency to design a more constructible project.
(4) “Project” means any of the following:
(A) The construction of an expressway that is not on the state highway system.
(B) The construction of the following bridges that are not on the state highway system:
(i) Yerba Buena Island (YBI) West Side Bridges Seismic Retrofit Project.
(ii) Yankee Jims Road Bridge Project in the County of Placer (Replacement/Rehabilitation).
(C) The construction of railroad grade separations and bridge rehabilitations and replacements in the County of Riverside, as specified in Item 2660-110-0042 of Section 2.00 of the Budget Act of 2016, as amended by Chapter 7 of the Statutes of 2017.
(D) The construction, alteration, repair, rehabilitation, or improvement of the Golden Gate Bridge, as defined in Section 27502 of the Streets and Highways Code.
(E) A Metrolink commuter rail project.
(5) “Regional transportation agency” means any of the following:
(A) A transportation planning agency described in Section 29532 or 29532.1 of the Government Code.
(B) A county transportation commission established under Section 130050, 130050.1, or 130050.2 of the Public Utilities Code.
(C) Any other local or regional transportation entity that is designated by statute as a regional transportation agency.
(D) A joint exercise of powers authority established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, with the consent of a transportation planning agency or a county transportation commission for the jurisdiction in which the transportation project will be developed.
(E) A local transportation authority created or designated pursuant to Division 12.5 (commencing with Section 131000) or Division 19 (commencing with Section 180000) of the Public Utilities Code.
(F) The Santa Clara Valley Transportation Authority established pursuant to Part 12 (commencing with Section 100000) of Division 10 of the Public Utilities Code.
(G) The County of Placer.
(H) The County of Riverside.
(I) The Golden Gate Bridge, Highway and Transportation District established pursuant to Chapter 18 (commencing with Section 27500) of Part 3 of Division 16 of the Streets and Highways Code
(c) Nothing in this section shall extend any other authority to the County of Riverside or the Golden Gate Bridge, Highway and Transportation District, as a transportation planning agency under any other law.

SEC. 2.

 Section 99175 is added to the Public Utilities Code, to read:

99175.
 (a) A public entity that operates, or contracts for the operation of, a commuter rail system shall ensure that each train has an automated external defibrillator (AED) as part of its safety equipment subject to the requirements in Section 1797.196 of the Health and Safety Code. As used in this subdivision, “commuter rail system” does not include intercity passenger rail services, including state-funded intercity passenger rail services managed under an interagency transfer agreement by the LOSSAN Rail Corridor Agency, the San Joaquin Joint Powers Authority, or the Capitol Corridor Joint Powers Authority, and does not include light rail or rapid transit services managed by local agencies.
(b) An affected public entity may provide training for their employees on the use of the AEDs as part of their regularly scheduled safety or other training sessions.
(c) (1) An affected public entity shall install AEDs pursuant to this section by July 1, 2020.
(2) The Peninsula Corridor Joint Powers Board shall be exempt from paragraph (1) and shall instead ensure that trainsets procured as part of the Caltrain Electrification Project are equipped with AEDs.
(d) (1) Upon completion of the installation of AEDs, the public entity shall transmit confirmation of its compliance in writing to the Public Utilities Commission.
(2) If an affected public entity is in compliance with the requirements of this section when it becomes effective, it shall notify the Public Utilities Commission pursuant to paragraph (1).
(e) An affected public entity that acquires an AED for emergency care pursuant to this section shall not be liable for any civil damages resulting from any acts or omissions in the rendering of the emergency care by use of an AED if the public entity has complied with paragraph (1) of subdivision (b) of Section 1797.196 of the Health and Safety Code.

SEC. 3.

 In regard to Section 1 of this act, the Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances regarding Metrolink commuter rail projects.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.