Amended in Senate April 22, 2015

Senate BillNo. 254


Introduced by Senatorbegin delete Leyvaend deletebegin insert Allenend insert

February 18, 2015


begin deleteAn act to amend Section 30275 of the Public Utilities Code, relating to transit districts. end deletebegin insertAn act to amend Section 73 of the Streets and Highways Code, relating to state highways.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 254, as amended, begin deleteLeyvaend delete begin insertAllenend insert. begin deleteTransit districts: ordinances. end deletebegin insertState highways: relinquishment.end insert

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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 to local agencies state highway segments that have been deleted from the state highway system by legislative enactment or have been superseded by relocation, and in certain other cases. Existing law prohibits relinquishments of those segments that have been superseded by relocation until the department has placed them in a state of good repair and maintenance, as defined, including litter removal, weed control, and tree and shrub trimming.

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This bill would revise and recast these provisions to delete the requirement that the portion to be relinquished be deleted from the state highway system by legislative enactment or superseded by relocation. The bill would authorize the commission to relinquish to a county or a city a portion of a state highway that is not part of the interregional road system, if the department has entered into an agreement with the county or city providing for the relinquishment and the road has been placed in a state of good repair. The bill would delete the requirement that good repair includes maintenance.

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The bill would require the department, not later than April 1, 2016, and biennially thereafter, to make a specified report to the commission on which state highway routes or segments primarily serve regional travel and do not primarily facilitate interregional movement of people and goods. The bill would also authorize the department to identify in the report which of those routes and segments are the best candidates for relinquishment.

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The bill would also authorize the commission to relinquish a portion of a state highway to a county or city, if the department and the county or city concerned have entered into an agreement providing for the relinquishment of a portion of a state highway, within the territorial limits of the county or city, that is not an interstate highway and does not primarily facilitate the interregional movement of people and goods, as determined in the report. The bill would also require that the relinquishment of those routes and segments is subject to certain conditions, including that the department complete a specified cost-benefit analysis and hold a public hearing on the proposed relinquishment.

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The bill would require the commission to compile a list of all portions of the state highway system relinquished in the previous 12 months and include this information in its annual report to the Legislature, as specified.

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Existing law provides for the creation of the Southern California Rapid Transit District in and around the County of Los Angeles, with specified powers and duties relative to providing public transit service. Existing law requires an ordinance passed by the board of directors of the district to be published once within 15 days after passage in a newspaper of general circulation printed and published in the district.

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This bill would authorize the district to print and publish an ordinance in a newspaper of general circulation more than once within 15 days after passage. The bill would require the district to also make an ordinance available online on appropriate Internet Web sites within 15 days after passage. By requiring a local agency to perform an additional duty, this bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

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

P3    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 73 of the end insertbegin insertStreets and Highways Codeend insertbegin insert is
2amended to read:end insert

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3

73.  

The commission shall relinquish to any county or city any
4portion of any state highway within the county or city that has
5been deleted from the state highway system by legislative
6enactment, and the relinquishment shall become effective upon
7the first day of the next calendar or fiscal year, whichever first
8occurs after the effective date of the legislative enactment. It may
9likewise relinquish any portion of any state highway that has been
10superseded by relocation. Whenever

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11begin insert

begin insert73.end insert  

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(a) The Legislature finds and declares both of the
12following:

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13(1) Ownership and management of transportation infrastructure
14should be placed at the most appropriate level of government.
15Transportation infrastructure primarily serving regional travel
16and not primarily facilitating interregional movement of people
17and goods is typically best managed by local and regional
18government entities. Transportation infrastructure, including
19 interstate highways, that is needed to facilitate interregional
20movement of people and goods is typically best managed at the
21state government level.

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22(2) The Legislature intends for the department to identify routes,
23and segments of routes, that may be appropriate candidates for
24relinquishment and to streamline the process of approving
25relinquishments where the department and the city or county have
26entered into an agreement providing for the relinquishment.

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27(b) (1) The commission may relinquish to a county or city a
28portion of a state highway within the county or city that is not part
29of the interregional road system as defined in Section 164.3.

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30(2) The commission shall not relinquish a portion of a state
31highway pursuant to paragraph (1) until the department has
32entered into an agreement with the county or city providing for
33the relinquishment and the department has placed the highway in
P4    1a state of good repair. This requirement shall not obligate the
2department for widening, new construction, or major
3reconstruction.

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4begin insert(c)end insertbegin insertend insertbegin insertWheneverend insert the department and the county or city concerned
5have entered into an agreement providing therefor, or the legislative
6body of the county or city has adopted a resolution consenting
7thereto, the commission may relinquish, to that county or city, any
8frontage or service road or outer highway, within the territorial
9limits of the county or city,begin delete which has a right-of-way of at least
1040 feet in width and whichend delete
begin insert thatend insert has been constructed as a part of
11a state highway project, but does not constitute a part of the main
12traveled roadway thereof.begin delete Theend delete

13begin insert(d)end insertbegin insertend insertbegin insertTheend insert commission may also relinquish, to a county or city
14within whose territorial limits it is located, any nonmotorized
15transportation facility, as defined in Section 887, constructed as
16part of a state highway project if the county or city, as the case
17may be, has entered into an agreement providing therefor or its
18legislative body has adopted a resolution consenting thereto.

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19(e) (1) The commission may relinquish a portion of a state
20highway to a county or city if the department and the county or
21city concerned have entered into an agreement providing for the
22relinquishment of that portion of that state highway, within the
23territorial limits of the county or city, that is not an interstate
24highway and does not primarily facilitate the interregional
25movement of people and goods as determined in the report
26described in subdivision (h). The department and the county or
27city shall agree upon the condition or state of the relinquished
28portion of the state highway at the time of its transfer from the
29department to the county or city. The agreement shall specify any
30financial terms upon which the department and county or city have
31agreed. The agreement shall transfer all legal liability for the
32relinquished portion of the state highway at the time of its transfer
33from the department to the county or city.

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34(2) A relinquishment pursuant to paragraph (1) shall not occur
35unless all of the following conditions are met:

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36(A) The commission has determined the relinquishment is in the
37best interest of the state.

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38(B) The department completes a cost-benefit analysis on behalf
39of the state, that may include a review of route continuity, market
40value assessments of the proposed relinquishment and associated
P5    1parcels, a review of historical and estimated future maintenance
2costs of the proposed relinquishment, or any other quantifiable
3economic impacts.

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4(C) The commission holds a public hearing on the proposed
5relinquishment.

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6(3) Upon relinquishment of a portion of a state highway under
7this subdivision, the county or city accepting the relinquished
8former portion of state highway shall maintain within its
9jurisdiction signs directing motorists to the continuation of the
10remaining portions of the state highway, if any, to the extent
11deemed necessary by the department.

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12Relinquishment

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13begin insert(f)end insertbegin insertend insertbegin insertRelinquishmentend insert shall be by resolution. A certified copy of
14the resolution shall be filed with the board of supervisors or the
15city clerk, as the case may be. A certified copy of the resolution
16shall also be recorded in the office of the recorder of the county
17where the land is located and, upon its recordation, all right, title,
18and interest of the state in and to that portion ofbegin delete anyend delete state highway
19shall vest in the county or city, as the case may be, and that
20highway or portion thereof shall thereupon constitute a county
21road or city street, as the case may be.

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22The

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23begin insert(g)end insertbegin insertend insertbegin insertTheend insert vesting of all right, title, and interest of the state in and
24to portions ofbegin delete anyend delete state highways heretofore relinquished by the
25commission, in the county or city to which it was relinquished, is
26hereby confirmed.

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27(h) Not later than April 1, 2016, and biennially thereafter, the
28department shall report to the commission on which state highway
29routes or segments primarily serve regional travel and do not
30primarily facilitate interregional movement of people and goods.
31The department may identify these routes or segments by one or
32more categories and shall indicate which routes and segments are
33the best candidates for relinquishment. The report shall include
34an aggregate estimate of future maintenance and preservation
35costs of the identified routes and segments. The commission, in
36consultation with the department, shall develop guidelines for this
37report.

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38 Prior

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39begin insert(i)end insertbegin insertend insertbegin insert(1)end insertbegin insertend insertbegin insertPriorend insert to relinquishingbegin delete anyend deletebegin insert aend insert portion of a state highway
40to a county or abegin delete city, except where required by legislative
P6    1enactment,end delete
begin insert city pursuant to subdivisions (b) to (d), inclusive,end insert the
2department shall give 90 days’ notice in writing of intention to
3relinquish to the board of supervisors, or the city council, as the
4case maybegin delete be.end deletebegin insert be, of both the jurisdiction and location of the portion
5of the state highway to be relinquished and the jurisdictions
6immediately adjacent to the route where the state highway
7continues.end insert
Where the resolution of relinquishment contains a recital
8as to the giving of the notice, adoption of the resolution of
9relinquishment shall be conclusive evidence that the notice has
10been given.

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11The commission shall not relinquish to any county or city any
12portion of any state highway that has been superseded by relocation
13until the department has placed the highway, as defined in Section
1423, in a state of good repair. This requirement shall not obligate
15the department for widening, new construction, or major
16reconstruction, except as the commission may direct. A state of
17good repair requires maintenance, as defined in Section 27,
18including litter removal, weed control, and tree and shrub trimming
19to the time of relinquishment.

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20 Within

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21begin insert(2)end insertbegin insertend insertbegin insertWithinend insert the 90-day period, the board of supervisors or the
22city council may protest in writing to the commission stating the
23reasons therefor, including, but not limited to, objections that the
24highway is not in a state of good repair, or is not needed for public
25use and should be vacated by the commission.begin delete In the event thatend deletebegin insert Ifend insert
26 the commission does not comply with the requests of the protesting
27body, it may proceed with the relinquishment only after a public
28hearing given to the protesting body on 10 days’ written notice.

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29(j) The commission shall compile a list of all portions of the
30state highway system relinquished in the previous 12 months and
31include this information in its annual report to the Legislature
32pursuant to Section 14535 of the Government Code.

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33

SECTION 1.  

Section 30275 of the Public Utilities Code is
34amended to read:

35

30275.  

An ordinance shall be signed by the president or the
36vice president of the board and attested by the secretary. An
37ordinance shall be published at least once within 15 days after
38passage in a newspaper of general circulation printed and published
39in the district and shall also be made available online on appropriate
40Internet Web sites within 15 days after passage.

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SEC. 2.  

No reimbursement is required by this act pursuant to
2Section 6 of Article XIII B of the California Constitution because
3a local agency or school district has the authority to levy service
4charges, fees, or assessments sufficient to pay for the program or
5level of service mandated by this act, within the meaning of Section
617556 of the Government Code.

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