Senate Bill No. 337

Introduced by Senator Emmerson

February 20, 2013

An act to amend Section 374 of the Streets and Highways Code, relating to state highways.

LEGISLATIVE COUNSEL’S DIGEST

SB 337, as introduced, Emmerson. State Highway Route 74.

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 to the City of Hemet that portion of State Highway Route 74 located within its city limits or sphere of influence under specified conditions.

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 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 the southern city limit of Palm
Desert.

(4) Highway 111 in Palm Desert to Route 10 near Thousand
Palms.

(b) The relinquished former portions of Route 74 within the
Cities of Palm Desert and Perris are not state highways and are
not eligible for adoption under Section 81. For the begin delete relinquished end delete
former portions of Route 74 begin insert relinquished under this subdivision end insert ,
the Cities of Palm Desert and Perris shall maintain within their
respective jurisdictions signs directing motorists to the continuation
of Route 74 and shall ensure the continuity of traffic flow on the
relinquished portions of Route 74, including any traffic signal
progression.

(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 begin insert under this subdivision end insert
shall cease to be a state highway.

(B) The portion of Route 74 relinquished begin insert under this subdivision end insert
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 begin delete relinquished end delete portion of Route 74 begin insert relinquished
under this subdivision end insert , including any traffic signal progression.

(9) For begin delete relinquished end delete portions of Route 74 begin insert relinquished under
this subdivision end insert , the City of Lake Elsinore shall maintain signs
directing motorists to the continuation of Route 74.

begin insert

(d) (1) Notwithstanding subdivision (a), the commission may
relinquish to the City of Hemet the portion of State Highway Route
74 that is located within the city limits or the sphere of influence
of the City of Hemet, upon terms and conditions the commission
finds to be in the best interests of the state.

end insert begin insert

(2) A relinquishment under this subdivision shall become
effective immediately following the recordation by the county
recorder of the relinquishment resolution containing the
commission’s approval of the terms and conditions of the
relinquishment.

end insert begin insert

(3) On and after the effective date of the relinquishment, both
of the following shall occur:

end insert begin insert

(A) The portion of State Highway Route 74 relinquished under
this subdivision shall cease to be a state highway.

end insert begin insert

(B) The portion of State Highway Route 74 relinquished under
this subdivision may not be considered for future adoption under
Section 81.

end insert begin insert

(4) The City of Hemet shall ensure the continuity of traffic flow
on the portion of State Highway Route 74 relinquished under this
subdivision, including any traffic signal progression.

end insert begin insert

(5) For portions of State Highway Route 74 relinquished under
this subdivision, the City of Hemet shall maintain signs directing
motorists to the continuation of State Highway Route 74.

end insert