Bill Text: CA AB295 | 2023-2024 | Regular Session | Amended

California Assembly Bill 295

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Residential real property: foreclosure.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-04-25 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS. [AB295 Detail]

Download: California-2023-AB295-Amended.html

Amended IN Assembly May 18, 2023

Amended IN Assembly April 10, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 295

Introduced by Assembly Member Vince Fong

January 25, 2023

An act to add Section 92.7 to the Streets and Highways Code, relating to the Department of Transportation.

LEGISLATIVE COUNSEL'S DIGEST

AB 295, as amended, Vince Fong. Department of Transportation: maintenance projects.

Existing law vests the Department of Transportation with full possession and control of the state highway system, including associated property. Existing law authorizes the department to do any act necessary, convenient, or proper for the construction, improvement, maintenance, or use of all highways that are under its jurisdiction, possession, or control. Existing law authorizes the department to require the removal of any encroachment in, under, or over any state highway.

This bill would require the department to ~~establish a rapid response unit within the Division of Maintenance in order to~~ expedite roadside maintenance for specified projects related to roadside maintenance and the removal and clearing of material, as provided. The bill would also authorize local governmental entities, fire protection districts, fire safe councils, and tribal entities to notify the department of those projects related to roadside maintenance and the removal and clearing of material that have not been completed in an efficient and timely manner if the continued failure to complete these projects poses a clear and imminent danger, as provided. The bill would require the ~~rapid response unit~~ Division of Maintenance to begin the maintenance project within 90 days of being notified.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

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

SECTION 1.

Section 92.7 is added to the Streets and Highways Code, to read:

92.7.

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

(1) “Fire protection district” means any special district, or any other municipal or public corporation or district, that is authorized by law to provide fire protection and prevention services.

(2) “Local governmental entities” includes, but is not limited to, a city, county, city and county, council of government, transportation authority, regional transportation planning agency, or regional agency formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.

(3) “Tribal entities” means a federally recognized tribe or a nonfederally recognized California Native American tribe that is on the contact list maintained by the Native American Heritage Commission.

(b) The department shall ~~establish a rapid response unit within the Division of Maintenance in order to~~ expedite roadside maintenance for the following projects:

(1) Roadside defensible space maintenance as identified in the department’s 2021 State Highway System Management Plan.

(2) Roadside maintenance along department rights-of-way.

(3) Clearing of debris, brush, and trees.

(4) Trimming or removing brush and trees, including those that are dead, overgrown, or obstructing visibility.

(5) Removing debris, brush, and trees, in ditches, culverts, channels, or natural gullies leading to cross-highway drainage.

(6) Removing fire tinder.

(7) Creating firebreaks at fence lines and where appropriate adjacent to road shoulders.

(c) A local governmental entity, fire department, fire protection district, fire safe council, or tribal entity may notify the department about projects listed in subdivision (b) that have not been completed in an efficient and timely manner, if the continued failure to complete these projects poses a clear and imminent danger that requires immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. Once notified, the ~~rapid response unit within the~~ Division of Maintenance shall begin the maintenance project within 90 days.