Amended in Assembly April 11, 2016

Amended in Assembly March 15, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1814

Introduced by Assembly Member Travis Allen

February 8, 2016

An act to add Section begin delete 218.5 end delete begin insert 226.6 end insert to the Streets and Highways Code, relating to state highways.

LEGISLATIVE COUNSEL’S DIGEST

AB 1814, as amended, Travis Allen. State highways: roadside begin delete rests. end delete begin insert rest areas. end insert

Existing law provides that the Department of Transportation has full possession and control of the state highway system and associated property. Existing law authorizes the department to plan, design, and construct a system of safety roadside rests along state begin delete highways. end delete begin insert highways, which are maintained by the department. end insert Existing law provides that begin insert safety end insert roadside rests are deemed to be part of the state highway right-of-way. begin insert Existing law authorizes up to 6 additional safety roadside rest areas to be developed as joint economic development demonstration projects. end insert

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This bill would require the department, by January 1, 2018, to update the Safety Roadside Rest Master Plan, and to identify any changes to state or federal law that would be required in order to facilitate public-private partnerships for roadside rest areas that would be located outside of the highway right-of-way.

end delete begin insert

This bill would authorize the department to enter into one or more agreements, as specified, for the operation of safety roadside rest areas by private entities in conjunction with the development of a retail establishment, under which certain payments may be made to the state. The bill would also require the department to seek any federal waivers that may be necessary to implement these provisions.

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

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

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begin insert SECTION 1. end insert   

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begin insert Section 226.6 is added to the end insert begin insert Streets and
Highways Code end insert begin insert , to read: end insert

begin insert

begin insert 226.6. end insert   

(a) The department may enter into one or more
agreements for the operation of safety roadside rest areas by
private entities in conjunction with the development of a retail
establishment.

(b) An agreement entered into pursuant to this section shall
provide for all of the following:

(1) The state shall continue to own the affected property, but
may lease the property to the private entity.

(2) The private entity shall be responsible for maintaining the
affected rest area.

(3) The private entity shall ensure a daily minimum of 18 hours
of public access to the rest area and shall provide restrooms,
security, and limited vehicle parking.

(c) An agreement may provide for payment to the state of a fixed
percentage of all gross sales generated at the retail establishment
via direct or online sales, with these payments to be deposited into
the State Highway Account to be used, upon appropriation, to
maintain or create new safety roadside rest areas.

(d) The authorized retail establishment shall be consistent with
state-defined footprint and height standards and may sell a range
of products for and to the traveling public as specified in the
agreement. The rest area and associated retail establishment shall
comply with all applicable Americans with Disabilities Act of 1990
(Public Law 101-336) standards and federal regulations adopted
pursuant thereto and shall meet or exceed the Tier 1 provisions
of the 2013 Edition of the California Green Building Standards
Code (Part 11 of Title 24 of the California Code of Regulations)
for sustainable design and construction.

(e) The department shall seek any federal waivers that may be
necessary to implement this section.

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SECTION 1.  

Section 218.5 is added to the Streets and
Highways Code, to read:

218.5.  

The department, on or before January 1, 2018, shall
update the Safety Roadside Rest Area Master Plan. In updating
the plan, the department shall identify any changes to state or
federal law that would be required in order to facilitate
public-private partnerships for roadside rest areas that would be
located outside of the highway right-of-way.

end delete