BILL ANALYSIS                                                                                                                                                                                                    

                                                                  AB 1670
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          AB 1670 (Beall)
          As Amended  July 15, 2010
          Majority vote
          |ASSEMBLY:  |77-0 |(June 1, 2010)  |SENATE: |34-0 |(August 18,    |
          |           |     |                |        |     |2010)          |
           Original Committee Reference:   TRANS.  

           SUMMARY  :  Allows the California Transportation Commission (CTC)  
          to relinquish two specific segments of the state highway system  
          to the City of San Jose.  

           The Senate amendments  require the City of San Jose to ensure  
          traffic flow continuity on the relinquished routes.  

           EXISTING LAW  :  

          1)Statutorily identifies state highway system routes.  

          2)Defines "state highway" as any roadway that is acquired, laid  
            out, constructed, improved, or maintained as a state highway  
            pursuant to constitutional or legislative authorization.  

          3)Specifies that it is the intent of the Legislature that the  
            prescribed routes of the state highway system connect the  
            communities and regions of the state and that they serve the  
            state's economy by connecting centers of commerce, industry,  
            agriculture, mineral wealth, and recreation.  

          4)Provides for the expansion or deletion of the state highway  
            system through a process whereby CTC makes a finding that it  
            is in the best interest of the state to include or delete a  
            specified portion of roadway to the system.  

          5)Provides for the relinquishment of a portion of state highway  
            to a city or county under an agreement between the local  
            jurisdiction and the Department of Transportation (Caltrans)  
            when an act of the Legislature has deleted the portion of  
            highway from the state highway system.  

           AS PASSED BY THE ASSEMBLY  , this bill:


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          1)Authorized CTC to relinquish to the City of San Jose an  
            11-mile portion of State Route (SR) 82 and a 2.25-mile portion  
            of SR 130, upon terms and conditions CTC finds to be in the  
            best interest of the state, if the department and the city  
            enter into an agreement providing for the relinquishments.  

          2)Provided that the relinquishments will become effective  
            immediately following the county recordation of the  
            relinquishment resolutions containing CTC's approval of the  
            specified terms and conditions.  

          3)Specified that, following the effective date of  
            relinquishment, the relinquished segments will no longer be  
            state highways and may not be considered for future adoption  
            as state highways.  

          4)Required the City of San Jose to maintain signs along the  
            relinquished segments in their jurisdiction directing  
            motorists to the continuation of the respective state routes.   

           FISCAL EFFECT  :  According to the Senate Appropriations  

          1)Potentially moderate one-time costs (perhaps up to millions of  
            dollars) depending on the outcome of negotiations between  
            Caltrans and the City of San Jose and on CTC approval. 

          2)Long-term maintenance and repair savings to Caltrans if the  
            CTC exercises its authority to relinquish these highway  
          COMMENTS  :  Each session, numerous bills authorizing CTC to  
          relinquish segments of the state highway segments to local  
          jurisdictions are passed by the Legislature and signed by the  
          Governor.  Relinquishment transactions are generally preceded by  
          a negotiation of terms and conditions between the local  
          jurisdiction and Caltrans.  Once an agreement has been  
          established, CTC typically approves the relinquishment and  
          verifies its approval via a resolution.  The final step is for  
          the Legislature to delete these segments from current law.  

          State highway relinquishments provide recipient agencies with  
          greater control over a local transportation segment and relieve  


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          Caltrans of any further responsibility to improve, maintain, or  
          repair it.  

          SR 82 and SR 130, commonly referred to as the Alameda and  
            Monterey Highway (SR 82) and Alum Rock Avenue (SR 130), serve  
            primarily as urban arterials within the City of San Jose.  The  
            city is seeking control of these highway segments so that it  
            may pursue economic development and community enhancements  
            without the constraints of Caltrans' requirements.  

          According to the author, the City of San Jose and Caltrans have  
            engaged in discussions regarding the proposed relinquishments  
            and Caltrans has indicated its support.  

          Analysis Prepared by  :   Janet Dawson / TRANS. / (916) 319-2093  

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