BILL NUMBER: AB 1915	CHAPTERED  09/30/08

	CHAPTER  635
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2008
	PASSED THE SENATE  AUGUST 14, 2008
	PASSED THE ASSEMBLY  MAY 28, 2008
	AMENDED IN ASSEMBLY  MAY 23, 2008
	AMENDED IN ASSEMBLY  MARCH 10, 2008

INTRODUCED BY   Assembly Member Jeffries
   (Coauthors: Assembly Members Cook and Gaines)
   (Coauthor: Senator Battin)

                        FEBRUARY 8, 2008

   An act to amend Sections 349 and 374 of the Streets and Highways
Code, relating to highways.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1915, Jeffries. State Highway Routes 49 and 74: relinquishment.

   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 portions of
State Highway Route 49 that are in the City of Auburn, in Placer
County, and portions of State Highway Route 74 that are in the City
of Lake Elsinore and the City of Perris, in Riverside County, to
those cities under certain conditions.


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

  SECTION 1.  Section 349 of the Streets and Highways Code is amended
to read:
   349.  (a) Route 49 is from:
   (1) Route 41 near Oakhurst to Route 140 at Mariposa.
   (2) Route 140 at Mariposa to Route 120 near Moccasin.
   (3) Route 120 near Chinese Camp to Route 80 near Auburn via the
vicinity of Sonora; via Angels Camp, San Andreas, and Jackson; and
via the vicinity of El Dorado, Diamond Springs, and Placerville.
   (4) Route 80 near Auburn to Route 20 in Grass Valley.
   (5) Route 20 at Nevada City to Route 89 near Sattley via
Downieville.
   (6) Route 89 near Sierraville to Route 70 near Vinton via
Loyalton.
   (b) (1) The commission may relinquish to the City of Auburn the
portion of Route 49 that is located within the city limits of that
city, upon terms and conditions the commission finds to be in the
best interests of the state, if the department and the city enter
into an agreement providing for that relinquishment.
   (2) A relinquishment under this subdivision shall become effective
immediately following the county recorder's recordation 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, the
relinquished portion of Route 49 shall cease to be a state highway.
   (4) The portion of Route 49 relinquished under this subdivision
shall be ineligible for future adoption under Section 81.
   (5) For the portion of Route 49 that is relinquished under this
subdivision, the City of Auburn shall maintain within its
jurisdiction, signs directing motorists to the continuation of Route
49. The city may apply to the department for approval of a business
route designation in accordance with Chapter 20, Topic 21, of the
Highway Design Manual.
  SEC. 2.  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 Route 10 near Thousand Palms via
Hemet and Palm Desert.
   (b) (1) The commission may relinquish to the City of Palm Desert
the portion of Route 74 that is located within the city limits of
that city, upon terms and conditions the commission finds to be in
the best interests of the state, if the department and the city enter
into an agreement providing for that relinquishment.
   (2) A relinquishment under this subdivision shall become effective
immediately following the county recorder's recordation 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, the
relinquished portion of Route 74 shall cease to be a state highway.
   (4) The portion of Route 74 relinquished under this subdivision
shall be ineligible for future adoption under Section 81.
   (5) For the portion of Route 74 that is relinquished under this
subdivision, the City of Palm Desert shall maintain within its
jurisdiction signs directing motorists to the continuation of Route
74.
   (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 shall cease to be a state
highway.
   (B) The portion of Route 74 relinquished 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, including any
traffic signal progression.
   (9) For relinquished portions of Route 74, the City of Lake
Elsinore shall maintain signs directing motorists to the continuation
of Route 74.
   (d) (1) The commission may relinquish to the City of Perris the
portion of Route 74 located within the city limits of that city
between Seventh Street and Redlands Avenue, 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
Perris 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 Perris
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
Perris 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 Perris 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 Perris, 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 shall cease to be a state
highway.
   (B) The portion of Route 74 relinquished may not be considered for
future adoption under Section 81.
   (8) The City of Perris shall ensure the continuity of traffic flow
on the relinquished portion of Route 74, including any traffic
signal progression.
   (9) For relinquished portions of Route 74, the City of Perris
shall maintain signs directing motorists to the continuation of Route
74.