Amended in Assembly January 4, 2016

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1115


Introduced by Assembly Member Salas

February 27, 2015


An act to amendbegin insert Section 21373 of, and to addend insert Sectionbegin delete 91.6 of the Streets and Highwaysend deletebegin insert 21371 to, the Vehicleend insert Code, relating to highways.

LEGISLATIVE COUNSEL’S DIGEST

AB 1115, as amended, Salas. begin deleteState highways: litter cleanup and abatement. end deletebegin insertSchool zones: traffic control devices: state highways.end insert

begin insert

Existing law generally provides that the Department of Transportation and local authorities have authority over the highways under their respective jurisdictions. Existing law requires the department and local authorities to establish and promulgate warrants to be used as guidelines for the placement of traffic control devices near schools for the purpose of protecting students going to and from school. Existing law authorizes the governing board of any school district to request the applicable state or local authority to install traffic control devices in accordance with those warrants, and thereafter requires the state or local authority to undertake an engineering and traffic survey to determine whether the requested crossing protection meets the established warrants. Existing law provides that the school district may be required to pay for not more than 50% of the engineering and traffic survey, but requires the applicable state or local authority to install the requested crossing protection at its expense if the traffic survey determines that the protection is warranted.

end insert
begin insert

Existing law establishes a prima facie speed limit of 25 miles per hour during specified periods of time on a highway near a school building or school grounds if the highway is posted with standard school warning signs. Existing law also authorizes local authorities, by ordinance, to implement lower speed limits under specified circumstances, but requires approval of the ordinance by the Department of Transportation if the lower speed limit is to apply to a state highway and also requires the local authority to reimburse the department in certain cases for all costs incurred in this regard.

end insert
begin insert

This bill would authorize the governing board of a city, county, city and county, or school district, by ordinance, to designate a school zone within its geographic jurisdiction on a state highway, other than a freeway, if the state highway is within 1,000 feet of the grounds of a school, and to specify in the ordinance the applicable speed limit that shall apply within the school zone. The designation of a school zone pursuant to this section may be made regardless of the previously posted speed limits on the state highway or the presence of a fence, gate, or other physical barrier separating the state highway from the school grounds. The bill, upon approval of the ordinance, would require the city, county, city and county, or school district to notify the Department of Transportation, which, consistent with the ordinance, would be required to post appropriate speed limit signs and standard school warning signs for the school zone.

end insert
begin insert

This bill would also authorize the governing board of a city, county, city and county, or school district, with respect to a state highway, other than a freeway, within its geographic jurisdiction, to request the Department of Transportation to install traffic control devices within a school zone designated by the bill, and to specify the types of traffic control devices requested. The bill would require the Department of Transportation, at its expense, to install the requested traffic control devices within 180 days of receiving the request.

end insert
begin delete

Existing law provides that the Department of Transportation shall have full possession and control of all state highways and associated property. Existing law requires the department to maintain the state highways and, within its maintenance programs relating to litter cleanup and abatement, to assign a high priority to litter deposited along state highway segments adjoining storm drains, streams, rivers, waterways, beaches, the ocean, and other environmentally sensitive areas. Existing law authorizes the department to use litter traps in drains and any other effective technology in carrying out these responsibilities.

end delete
begin delete

This bill would instead require the department to use litter traps in drains and any other effective technology in carrying out these responsibilities.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 21371 is added to the end insertbegin insertVehicle Codeend insertbegin insert, to
2read:end insert

begin insert
3

begin insert21371.end insert  

(a) Notwithstanding any other provision of law, the
4governing board of a city, county, city and county, or school district
5may, by ordinance, designate a school zone within its geographic
6jurisdiction on a state highway, other than a freeway, within 1,000
7feet of the grounds of a school, and may specify in the ordinance
8the applicable speed limit that shall apply within the school zone.
9The designation of a school zone pursuant to this section may be
10made regardless of the previously posted speed limits on the state
11highway or the presence of a fence, gate, or other physical barrier
12separating the state highway from the school grounds.

13(b) Upon approval of the ordinance, the city, county, city and
14county, or school district shall notify the Department of
15Transportation, which, consistent with the ordinance, shall post
16appropriate speed limit signs and standard school warning signs
17for the school zone.

end insert
18begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 21373 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to read:end insert

19

21373.  

begin insert(a)end insertbegin insertend insert The governing board of any school district may
20request the appropriate city, county,begin insert orend insert city and countybegin delete or state
21agencyend delete
to install traffic control devices in accordance with the
22warrants established pursuant to Section 21372. Within 90 days
23thereafter, the city, county,begin insert orend insert city and countybegin delete or state agencyend delete
24 involved shall undertake an engineering and traffic survey to
25determine whether the requested crossing protection meets the
26warrants established pursuant to Section 21372. The city, county,
27begin insert orend insert city and county,begin delete or state agencyend delete involved may require the
28requesting school district to pay an amount not to exceed 50 percent
29of the cost of the survey. If it is determined thatbegin delete suchend deletebegin insert theend insert requested
30protection is warranted, it shall be installed by the city, county,begin insert orend insert
31 city and countybegin delete or state agencyend delete involved.

begin insert

P4    1(b) Notwithstanding any other provision of law, the governing
2board of any city, county, city and county, or school district, with
3respect to state highways, other than freeways, within its
4geographic jurisdiction, may request the Department of
5Transportation to install traffic control devices within school zones
6designated pursuant to Section 21371, and may specify the type
7of traffic control devices requested. The Department of
8Transportation, at its expense, shall install the requested traffic
9control devices within 180 days of receiving the request.

end insert
begin delete10

SECTION 1.  

Section 91.6 of the Streets and Highways Code
11 is amended to read:

12

91.6.  

The department shall, within its maintenance programs
13relating to litter cleanup and abatement, assign a high priority to
14litter deposited along state highway segments adjoining storm
15drains, streams, rivers, waterways, beaches, the ocean, and other
16environmentally sensitive areas. The department shall use litter
17traps in drains and any other effective technology in carrying out
18these responsibilities.

end delete


O

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