BILL NUMBER: AB 391	CHAPTERED  08/06/01

	CHAPTER  152
	FILED WITH SECRETARY OF STATE  AUGUST 6, 2001
	APPROVED BY GOVERNOR  AUGUST 6, 2001
	PASSED THE SENATE  JULY 19, 2001
	PASSED THE ASSEMBLY  MAY 17, 2001
	AMENDED IN ASSEMBLY  APRIL 18, 2001

INTRODUCED BY   Assembly Member Kehoe

                        FEBRUARY 20, 2001

   An act to amend Section 673 of the Streets and Highways Code,
relating to highways.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 391, Kehoe.  Highways:  encroachment permits:  waivers.
   Existing law requires that any permit authorizing an encroachment
to a state highway issued by the Department of Transportation to a
specified governmental entity permittee contain a provision that in
the event the future improvement of the highway necessitates the
relocation or removal of the encroachment the permittee will relocate
or remove the encroachment at its sole expense.  Existing law
provides a procedure for the removal of the encroachments following a
written notice by the department demanding the removal or
relocation.
   This bill would authorize the department to waive  the requirement
that the permitee bear the sole expense of relocating or removing an
encroachment, if the encroachment consists of a track or roadway
that serves as an exclusive public mass transit guideway owned,
operated, and maintained by a publicly owned mass transit authority.


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


  SECTION 1.  Section 673 of the Streets and Highways Code is amended
to read:
   673.  (a)  Any permit issued to a permittee of the class specified
in Section 678 shall contain a provision that in the event the
future improvement of the highway necessitates the relocation or
removal of the encroachment the permittee will relocate or remove the
same at the permittee's sole expense. In that event, the department
shall serve on the permittee its written demand specifying the place
of relocation, or that the encroachment is to be removed from the
highway, and specifying a reasonable time within which the work of
relocation is to be commenced.  The permittee shall commence the
relocation or removal within the time specified in that demand and
thereafter diligently prosecute until completion.
   (b) All permits, other than those issued to permittees of the
class specified in Section 678 or the class specified in Section 680,
are revocable on five days' notice and the encroachment shall be
removed or relocated as may be specified by the department in the
notice revoking the permit and within the time specified by the
department, which time shall not be less than five days, unless the
permit so provides.
   (c) The department may waive the requirement of subdivision (a)
that the permittee bear the sole expense of relocating or removing an
encroachment, if the encroachment consists of a track or roadway
that serves as an exclusive public mass transit guideway owned,
operated, and maintained by a publicly owned mass transit authority.