Bill Text: CA SB254 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Campaign finance: voter instruction.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Passed) 2016-06-09 - Chaptered by Secretary of State. Chapter 20, Statutes of 2016. [SB254 Detail]

Download: California-2015-SB254-Amended.html

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BILL NUMBER: SB 254	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 2, 2015
	AMENDED IN SENATE  APRIL 22, 2015

INTRODUCED BY   Senator Allen

                        FEBRUARY 18, 2015

   An act to amend Section 73 of the Streets and Highways Code,
relating to state highways.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 254, as amended, Allen. State highways: relinquishment.
   Existing law gives the Department of Transportation 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 also provides for
the commission to relinquish to local agencies state highway segments
that have been deleted from the state highway system by legislative
enactment or have been superseded by relocation, and in certain other
cases.  Existing law prohibits relinquishments of those
segments that have been superseded by relocation until the department
has placed them in a state of good repair and maintenance, as
defined, including litter removal, weed control, and tree and shrub
trimming. 
   This bill would revise and recast these provisions to delete the
requirement that the portion to be relinquished be deleted from the
state highway system by legislative  enactment or superseded
by relocation. The bill would authorize the commission to relinquish
to a county or a city a portion of a state highway that is not part
of the interregional road system, if the department has entered into
an agreement with the county or city providing for the relinquishment
and the road has been placed in a state of good repair. The bill
would delete the requirement that good repair includes maintenance.
  enactment. 
   The bill would require the department, not later than April 1,
2016, and biennially thereafter, to make a specified report to the
commission on which state highway routes or segments primarily serve
regional travel and do not primarily facilitate interregional
movement of people and goods. The bill would also authorize the
department to identify in the report which of those routes and
segments are the best candidates for relinquishment.
   The bill would also authorize the commission to relinquish a
portion of a state highway to a county or city, if the department and
the county or city concerned have entered into an agreement
providing for the relinquishment of a portion of a state highway,
within the territorial limits of the county or city, that is not an
interstate highway and does not primarily facilitate the
interregional movement of people and goods, as determined in the
report. The bill would also require that the relinquishment of those
routes and segments is subject to certain conditions, including that
the department complete a specified cost-benefit analysis and hold a
public hearing on the proposed relinquishment.
   The bill would require the commission to compile a list of all
portions of the state highway system relinquished in the previous 12
months and include this information in its annual report to the
Legislature, as specified.
   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 73 of the Streets and Highways Code is amended
to read:
   73.  (a) The Legislature finds and declares both of the following:

   (1) Ownership and management of transportation infrastructure
should be placed at the most appropriate level of government.
Transportation infrastructure primarily serving regional travel and
not primarily facilitating interregional movement of people and goods
is typically best managed by local and regional government entities.
Transportation infrastructure, including interstate highways, that
is needed to facilitate interregional movement of people and goods is
typically best managed at the state government level.
   (2) The Legislature intends for the department to identify routes,
and segments of routes, that may be appropriate candidates for
relinquishment and to streamline the process of approving
relinquishments where the department and the city or county have
entered into an agreement providing for the relinquishment.
   (b) (1) The commission may relinquish to a county or city a
portion of a state highway within the county or city that  is
not part of the interregional road system as defined in Section
164.3.   has been superseded by relocation. 

   (2) The commission shall not relinquish a portion of a state
highway pursuant to paragraph (1) until the department has entered
into an agreement with the county or city providing for the
relinquishment and the department has placed the highway in a state
of good repair. This requirement shall not obligate the department
for widening, new construction, or major reconstruction. 

   (2) The commission shall not relinquish to a county or city a
portion of a state highway that has been superseded by relocation
until the department has placed the highway, as defined in Section
23, in a state of good repair. This requirement shall not obligate
the department for widening, new construction, or major
reconstruction, except as the commission may direct. A state of good
repair requires maintenance, as defined in Section 27, including
litter removal, weed control, and tree and shrub trimming to the time
of relinquishment. 
   (c) Whenever the department and the county or city concerned have
entered into an agreement providing therefor, or the legislative body
of the county or city has adopted a resolution consenting thereto,
the commission may relinquish, to that county or city, any frontage
or service road or outer highway, within the territorial limits of
the county or city, that has been constructed as a part of a state
highway project, but does not constitute a part of the main traveled
roadway thereof.
   (d) The commission may also relinquish, to a county or city within
whose territorial limits it is located, any nonmotorized
transportation facility, as defined in Section 887, constructed as
part of a state highway project if the county or city, as the case
may be, has entered into an agreement providing therefor or its
legislative body has adopted a resolution consenting thereto.
   (e) (1) The commission may relinquish a portion of a state highway
to a county or city if the department and the county or city
concerned have entered into an agreement providing for the
relinquishment of that portion of that state highway, within the
territorial limits of the county or city, that is not an interstate
highway and does not primarily facilitate the interregional movement
of people and goods as determined in the report described in
subdivision (h). The department and the county or city shall agree
upon the condition or state of the relinquished portion of the state
highway at the time of its transfer from the department to the county
or city. The agreement shall specify any financial terms upon which
the department and county or city have agreed. The agreement shall
transfer all legal liability for the relinquished portion of the
state highway at the time of its transfer from the department to the
county or city.
   (2) A relinquishment pursuant to paragraph (1) shall not occur
unless all of the following conditions are met:
   (A) The commission has determined the relinquishment is in the
best interest of the state.
   (B) The department completes a cost-benefit analysis on behalf of
the  state,   state  that may include a
review of route continuity, market value assessments of the proposed
relinquishment and associated parcels, a review of historical and
estimated future maintenance costs of the proposed relinquishment, or
any other quantifiable economic impacts.
   (C) The commission holds a public hearing on the proposed
relinquishment.
   (3) Upon relinquishment of a portion of a state highway under this
subdivision, the county or city accepting the relinquished former
portion of state highway shall maintain within its jurisdiction signs
directing motorists to the continuation of the remaining portions of
the state highway, if any, to the extent deemed necessary by the
department.
   (f) Relinquishment shall be by resolution. A certified copy of the
resolution shall be filed with the board of supervisors or the city
clerk, as the case may be. A certified copy of the resolution shall
also be recorded in the office of the recorder of the county where
the land is located and, upon its recordation, all right, title, and
interest of the state in and to that portion of state highway shall
vest in the county or city, as the case may be, and that highway or
portion thereof shall thereupon constitute a county road or city
street, as the case may be.
   (g) The vesting of all right, title, and interest of the state in
and to portions of state highways heretofore relinquished by the
commission, in the county or city to which it was relinquished, is
hereby confirmed.
   (h) Not later than April 1, 2016, and biennially thereafter, the
department shall report to the commission on which state highway
routes or segments primarily serve regional travel and do not
primarily facilitate interregional movement of people and goods. The
department may identify these routes or segments by one or more
categories and shall indicate which routes and segments are the best
candidates for relinquishment. The report shall include an aggregate
estimate of future maintenance and preservation costs of the
identified routes and segments. The commission, in consultation with
the department, shall develop guidelines for this report.
   (i) (1) Prior to relinquishing a portion of a state highway to a
county or a  city pursuant to subdivisions (b) to (d),
inclusive,   city,  the department shall give 90
days' notice in writing of intention to relinquish to the board of
supervisors, or the city council, as the case may be, of both the
jurisdiction and location of the portion of the state highway to be
relinquished and the jurisdictions immediately adjacent to the route
where the state highway continues. Where the resolution of
relinquishment contains a recital as to the giving of the notice,
adoption of the resolution of relinquishment shall be conclusive
evidence that the notice has been given.
   (2)  Within   With respect to a
relinquishment pursuant to subdivision (b), within  the 90-day
period, the board of supervisors or the city council may protest in
writing to the commission stating the reasons therefor, including,
but not limited to, objections that the highway is not in a state of
good repair, or is not needed for public use and should be vacated by
the commission. If the commission does not comply with the requests
of the protesting body, it may proceed with the relinquishment only
after a public hearing given to the protesting body on 10 days'
written notice.
   (j) The commission shall compile a list of all portions of the
state highway system relinquished in the previous 12 months and
include this information in its annual report to the Legislature
pursuant to Section 14535 of the Government Code.