BILL NUMBER: SB 254	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 22, 2015

INTRODUCED BY   Senator  Leyva   Allen 

                        FEBRUARY 18, 2015

    An act to amend Section 30275 of the Public Utilities
Code, relating to transit districts.   An act to amend
Section 73 of the Streets and Highways Code, relating to state
highways. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 254, as amended,  Leyva   Allen  .
 Transit districts: ordinances.   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 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enactment or have been superseded by relocation, and in certain other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have been superseded by relocation until the department has placed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. 

   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state highway system by legislative enactment or superseded by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.
 
   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.  
   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.  
   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.  
   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.  
   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.  
   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.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   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.  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. It may likewise
relinquish any portion of any state highway that has been superseded
by relocation. Whenever 
    73.    (a) The Legislature finds and declares both
of the following:  
   (1) Ownership and management of transportation infrastructure
should be placed at the most appropriate level of government.
Transportation infrastructure primarily serving regional travel and
not primarily facilitating interregional movement of people and goods
is typically best managed by local and regional government entities.
Transportation infrastructure, including interstate highways, that
is needed to facilitate interregional movement of people and goods is
typically best managed at the state government level.  
   (2) The Legislature intends for the department to identify routes,
and segments of routes, that may be appropriate candidates for
relinquishment and to streamline the process of approving
relinquishments where the department and the city or county have
entered into an agreement providing for the relinquishment. 

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

   (2) The commission shall not relinquish a portion of a state
highway pursuant to paragraph (1) until the department has entered
into an agreement with the county or city providing for the
relinquishment and the department has placed the highway in a state
of good repair. This requirement shall not obligate the department
for widening, new construction, or major reconstruction. 
   (c)     Whenever  the department and
the county or city concerned have entered into an agreement providing
therefor, or the legislative body of the county or city has adopted
a resolution consenting thereto, the commission may relinquish, to
that county or city, any frontage or service road or outer highway,
within the territorial limits of the county or city,  which
has a right-of-way of at least 40 feet in width and which 
 that  has been constructed as a part of a state highway
project, but does not constitute a part of the main traveled roadway
thereof.  The 
    (d)     The  commission may also
relinquish, to a county or city within whose territorial limits it is
located, any nonmotorized transportation facility, as defined in
Section 887, constructed as part of a state highway project 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. 
   (e) (1) The commission may 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 that portion of that 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 described in
subdivision (h). The department and the county or city shall agree
upon the condition or state of the relinquished portion of the state
highway at the time of its transfer from the department to the county
or city. The agreement shall specify any financial terms upon which
the department and county or city have agreed. The agreement shall
transfer all legal liability for the relinquished portion of the
state highway at the time of its transfer from the department to the
county or city.  
   (2) A relinquishment pursuant to paragraph (1) shall not occur
unless all of the following conditions are met:  
   (A) The commission has determined the relinquishment is in the
best interest of the state.  
   (B) The department completes a cost-benefit analysis on behalf of
the state, that may include a review of route continuity, market
value assessments of the proposed relinquishment and associated
parcels, a review of historical and estimated future maintenance
costs of the proposed relinquishment, or any other quantifiable
economic impacts.  
   (C) The commission holds a public hearing on the proposed
relinquishment.  
   (3) Upon relinquishment of a portion of a state highway under this
subdivision, the county or city accepting the relinquished former
portion of state highway shall maintain within its jurisdiction signs
directing motorists to the continuation of the remaining portions of
the state highway, if any, to the extent deemed necessary by the
department.  
   Relinquishment 
    (f)     Relinquishment  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 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, as
the case may be. 
   The 
    (g)     The  vesting of all right,
title, and interest of the state in and to portions of  any
 state highways heretofore relinquished by the commission,
in the county or city to which it was relinquished, is hereby
confirmed. 
   (h) Not later than April 1, 2016, and biennially thereafter, the
department shall 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
department may identify these routes or segments by one or more
categories and shall indicate which routes and segments are the best
candidates for relinquishment. The report shall include an aggregate
estimate of future maintenance and preservation costs of the
identified routes and segments. The commission, in consultation with
the department, shall develop guidelines for this report. 

    Prior 
    (i)     (1)     Prior
 to relinquishing  any   a  portion of
a state highway to a county or a  city, except where
required by legislative enactment,   c   ity
pursuant to subdivisions (b) to (d), inclusive,  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.   be, of both the jurisdiction and location
of the portion of the state highway to be relinquished and the
jurisdictions immediately adjacent to the route where the state
highway continues.  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. 
   The 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.  
    Within 
    (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.  In the event that   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. 
   (j) The commission shall 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
pursuant to Section 14535 of the Government Code.  
  SECTION 1.    Section 30275 of the Public
Utilities Code is amended to read:
   30275.  An ordinance shall be signed by the president or the vice
president of the board and attested by the secretary. An ordinance
shall be published at least once within 15 days after passage in a
newspaper of general circulation printed and published in the
district and shall also be made available online on appropriate
Internet Web sites within 15 days after passage.  
  SEC. 2.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.