§ 148. — 148. (Added by Stats. 2021, Ch. 247, Sec. 6.)

California § 148.

• Jurisdiction: California
• Code WAT: Water Code - WAT
• Div. 1.: DIVISION 1. GENERAL STATE POWERS OVER WATER
• Ch. 2.: CHAPTER 2. State Administration Generally
• Art. 1.: ARTICLE 1. Department of Water Resources

Text

(a)
The department shall perform construction inspection services for all water resources projects authorized pursuant to Article 6 (commencing with Section 10187) and Article 1.1 (commencing with Section 10112) of Chapter 1 of Part 2 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 section, 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, 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 water resources-related project authorized pursuant to Article 6 (commencing with Section 10187) and Article 1.1 (commencing with Section 10112) of Chapter 1 of Part 2 of Division 2 of the Public Contract Code. The
department shall ensure that public safety and convenience is maintained whenever work is performed under an encroachment permit on state property or within the state right-of-way. The department shall regularly inspect the job sites for safety compliance and any possible deficiencies. If any deficiency is observed, the department shall issue a written notice and the deficiency shall be corrected and documented.
(c)
“Construction inspection services” as used in this section shall not include surveying work performed as part of a Construction Manager/General Contractor or design-build contract.
(d)
If any provision or application of this section is held invalid by a court of competent jurisdiction, the department shall post on its internet website within 10 business days of the decision
of invalidity that this section has been held invalid.
(e)
This section is severable. If any provision of this section or the remainder of this article, or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(f)
This section shall remain in effect only until January 1, 2033, and as of that date is repealed.

Legislative History

Added by Stats. 2021, Ch. 247, Sec. 6. (SB 626) Effective January 1, 2022. Repealed as of January 1, 2033, by its own provisions.