California Legislature—2013–14 Regular Session

Assembly Bill No. 574

Introduced by Assembly Member Lowenthal

February 20, 2013

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

LEGISLATIVE COUNSEL’S DIGEST

AB 574, as introduced, Lowenthal. 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 state highway segments to local agencies that have been deleted from the state highway system by legislative enactment, and in certain other cases.

This bill would generally authorize the California Transportation Commission to relinquish any portion of a state highway or related facility within a county or city to that county or city, subject to an agreement between the department and the local agency, without requiring a legislative enactment deleting the state highway segment from the state highway system. The bill would also require the department to expeditiously consider and respond to each request it receives from a city or county relative to an agreement relating to the proposed relinquishment of a state highway segment within the jurisdiction of the entity making the request, and would require the department, from time to time, to recommend to the Legislature any revisions to the statutory descriptions of state highway routes occasioned by relinquishments approved by the commission. The bill would make other related changes.

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.  

begin insert (a) end insert begin insert   end insert The commission shall relinquish to any county or city
any portion of any state highway within the county or city that has
been deleted from the state highway system by legislative
enactment, and the relinquishment shall become effective upon
the first day of the next calendar or fiscal year, whichever first
occurs after the effective date of the legislative enactment. begin delete It may
likewise relinquish any portion of any state highway that has been
superseded by relocation. Whenever end delete

begin insert (b) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert Whenever end insert the department and begin delete the end delete begin insert any end insert county or city
concerned have entered into an agreement providing therefor, begin delete or
the legislative body of the county or city has adopted a resolution
consenting thereto, end delete the commission may relinquish, to that county
or city, begin insert any portion of any state highway within the jurisdiction of
that county or city, if the commission determines that the
relinquishment is in the best interests of the state. The commission
may likewise relinquish end insert any frontage or service road or outer
highway, within the begin delete territorial limits of the end delete county or city, which
has a right-of-way of at least 40 feet in width and which has been
constructed as a part of a state highway project, but does not
constitute a part of the main traveled roadway thereof. begin insert The
commission may likewise relinquish any portion of any state
highway in a county or city that has been superseded by relocation. end insert
The commission may begin delete also end delete begin insert likewise end insert relinquish begin delete , to a county or city
within whose territorial limits it is located, end delete any nonmotorized
transportation facility, as defined in Section 887, constructed as
part of a state highway project begin delete 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 end delete begin insert within
a city or county to that city or county end insert . begin insert The relinquishment of a
state highway or related facility pursuant to this subdivision may
occur notwithstanding anything in Chapter 2 (commencing with
Section 230) to the contrary. end insert

begin insert

(2) With respect to frontage or service roads or outer highways
or nonmotorized transportation facilities, the relinquishment may
occur with the agreement of the applicable city or county or with
the adoption of a resolution consenting thereto by the applicable
city or county.

end insert begin insert

(3) An agreement entered into pursuant to this subdivision shall
require the city or county to maintain signs directing motorists to
the continuation of a state highway route, if applicable, and may
contain other conditions to ensure the continuity of traffic flow.

end insert begin insert

(4) The relinquished portion of a former state highway route is
no longer a state highway as of the effective date of the
relinquishment, and is not eligible for adoption as a state highway
under Section 81.

end insert begin delete

Relinquishment

end delete

begin insert (c) end insert begin insert   end insert begin insert Relinquishment end insert 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 any state highway
begin insert or related facility end insert 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, begin insert or other related facility, end insert as the case
may be.

begin delete

The

end delete

begin insert (d) end insert begin insert   end insert begin insert The end insert vesting of all right, title, and interest of the state in and
to portions of any state highways begin insert or related facilities end insert heretofore
relinquished by the commission, in the county or city to which it
was relinquished, is hereby confirmed.

begin delete

Prior

end delete

begin insert (e) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert Prior end insert to relinquishing any portion of a state highway begin insert or
related facility end insert to a county or a city, except where begin delete required by
legislative enactment end delete begin insert the department and the county or city have
entered into an agreement providing therefor, or as otherwise
provided in paragraph (2) of subdivision (b) end insert , 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. 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.

begin insert

(2) 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.

end insert begin delete

The

end delete

begin insert (f) end insert begin insert   end insert begin insert The end insert commission shall not relinquish to any county or city
any portion of any 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.

begin delete

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. In the event that 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.

end delete begin insert

(g) The department shall expeditiously consider and respond
to each request it receives from a city or county relative to an
agreement relating to the proposed relinquishment of a state
highway or related facility within the jurisdiction of the entity
making the request.

end insert begin insert

(h) The department, from time to time, shall recommend to the
Legislature any revisions to the descriptions of state highway
routes in Chapter 2 (commencing with Section 230) occasioned
by relinquishments approved by the commission pursuant to this
section.

end insert