California-2013-SB337-Introduced

BILL NUMBER: SB 337	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Emmerson

                        FEBRUARY 20, 2013

   An act to amend Section 374 of the Streets and Highways Code,
relating to state highways.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 337, as introduced, Emmerson. State Highway Route 74.
   Existing law provides that the Department of Transportation has
full possession and control of all state highways. Existing law
describes the authorized routes in the state highway system and
establishes a process for adoption of a highway on an authorized
route by the California Transportation Commission. Existing law
authorizes the commission to relinquish certain state highway
segments to local agencies.
   This bill would authorize the commission to relinquish to the City
of Hemet that portion of State Highway Route 74 located within its
city limits or sphere of influence under specified conditions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 374 of the Streets and Highways Code is amended
to read:
   374.  (a) Route 74 is from:
   (1) Route 5 near San Juan Capistrano to Route 15 near Lake
Elsinore.
   (2) Route 15 near Lake Elsinore to Route 215 near Perris.
   (3) Route 215 near Perris to the southern city limit of Palm
Desert.
   (4) Highway 111 in Palm Desert to Route 10 near Thousand Palms.
   (b) The relinquished former portions of Route 74 within the Cities
of Palm Desert and Perris are not state highways and are not
eligible for adoption under Section 81. For the  relinquished
 former portions of Route 74  relinquished under this
subdivision  , the Cities of Palm Desert and Perris shall
maintain within their respective jurisdictions signs directing
motorists to the continuation of Route 74 and shall ensure the
continuity of traffic flow on the relinquished portions of Route 74,
including any traffic signal progression.
   (c) (1) The commission may relinquish to the City of Lake Elsinore
the portion of Route 74 located within the city limits of that city,
upon terms and conditions the commission finds to be in the best
interests of the state.
   (2) Any relinquishment agreement shall require that the City of
Lake Elsinore administer the operation and maintenance of the highway
in a manner consistent with professional traffic engineering
standards.
   (3) Any relinquishment agreement shall require the City of Lake
Elsinore to ensure that appropriate traffic studies or analyses will
be performed to substantiate any decisions affecting the highway.
   (4) Any relinquishment agreement shall also require the City of
Lake Elsinore to provide for public notice and the consideration of
public input on the proximate effects of any proposed decision on
traffic flow, residences, or businesses, other than a decision on
routine maintenance.
   (5) Notwithstanding any of its other terms, any relinquishment
agreement shall require the City of Lake Elsinore to indemnify and
hold the department harmless from any liability for any claims made
or damages suffered by any person, including a public entity, as a
result of any decision made or action taken by the City of Lake
Elsinore, its officers, employees, contractors, or agents, with
respect to the design, maintenance, construction, or operation of
that portion of Route 74 that is to be relinquished to the city.
   (6) A relinquishment under this subdivision shall become effective
immediately after the county recorder records the relinquishment
resolution that contains the commission's approval of the terms and
conditions of the relinquishment.
   (7) On and after the effective date of the relinquishment, both of
the following shall occur:
   (A) The portion of Route 74 relinquished  under this
subdivision  shall cease to be a state highway.
   (B) The portion of Route 74 relinquished  under this
subdivision  may not be considered for future adoption under
Section 81.
   (8) The City of Lake Elsinore shall ensure the continuity of
traffic flow on the  relinquished  portion of Route
74  relinquished under this subdivision  , including any
traffic signal progression.
   (9) For  relinquished  portions of Route 74 
relinquished under this subdivision  , the City of Lake Elsinore
shall maintain signs directing motorists to the continuation of
Route 74. 
   (d) (1) Notwithstanding subdivision (a), the commission may
relinquish to the City of Hemet the portion of State Highway Route 74
that is located within the city limits or the sphere of influence of
the City of Hemet, upon terms and conditions the commission finds to
be in the best interests of the state.  
   (2) A relinquishment under this subdivision shall become effective
immediately following the recordation by the county recorder of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.  
   (3) On and after the effective date of the relinquishment, both of
the following shall occur:  
   (A) The portion of State Highway Route 74 relinquished under this
subdivision shall cease to be a state highway.  
   (B) The portion of State Highway Route 74 relinquished under this
subdivision may not be considered for future adoption under Section
81.  
   (4) The City of Hemet shall ensure the continuity of traffic flow
on the portion of State Highway Route 74 relinquished under this
subdivision, including any traffic signal progression.  
   (5) For portions of State Highway Route 74 relinquished under this
subdivision, the City of Hemet shall maintain signs directing
motorists to the continuation of State Highway Route 74.