California Code, Streets and Highways Code - SHC § 92.1

(a) The department shall update guidance by July 1, 2021, to specify the appropriate use of positive protection measures, including, but not limited to, automated flagger assistance devices, buffer lanes, impact attenuator vehicles, and temporary barriers, with the goal of isolating workers or work zones from traffic.

(b) Where the department's updated guidance allows, but does not require, use of a safety device, the department shall provide compensation for the optional safety device when requested by a contractor on a public works project of the department.

(d) After the report required by subdivision (c) is submitted to the Legislature, the department shall prescribe standards and specifications that are consistent with the updated guidance developed pursuant to subdivision (a) to require the appropriate use of positive protection on all covered activities on the state highway system.  In developing these standards and specifications, the department shall solicit input from relevant stakeholders, including, but not limited to, construction labor groups, contractors, utilities, local agencies, and community organizations.

(e) The department may adopt regulations as necessary or appropriate to carry out the purposes of this section.  Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the department pursuant to this section.

(g) For purposes of this section, the following definitions apply: