Amended in Senate March 28, 2016

Senate BillNo. 1345


Introduced by Senator Berryhill

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(Coauthor: Senator Gaines)

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(Coauthors: Assembly Members Dahle and Mathis)

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February 19, 2016


begin deleteAn act to amend Section 11400 of the Streets and Highways Code, relating to pedestrian malls. end deletebegin insertAn act to amend Section 38026.1 of the Vehicle Code, relating to vehicles.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1345, as amended, Berryhill. begin deletePedestrian malls: disputed claims. end deletebegin insertVehicles: off-highway vehicle recreation: County of Sierra.end insert

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Existing law authorizes an off-highway motor vehicle that has been issued a plate or device to be operated or driven upon a highway under certain circumstances. Existing law authorizes various public entities, and the Director of the Department of Parks and Recreation, to designate a highway, or portion thereof, for the combined use of regular vehicular traffic and off-highway motor vehicles if certain requirements are met. Existing law prohibits a highway from being designated for this combined use for a distance of more than 3 miles.

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Existing law, until January 1, 2017, authorizes the County of Inyo to establish a pilot project that would exempt specified combined-use highways in the unincorporated area in the County of Inyo from this prohibition to link together existing roads in the unincorporated portion of the county to existing trails and trailheads on federal Bureau of Land Management or United States Forest Service lands in order to provide a unified linkage of trail systems for off-highway motor vehicles, as prescribed. Existing law requires the County of Inyo, in consultation with the Department of the California Highway Patrol, the Department of Transportation, and the Department of Parks and Recreation, to prepare and submit to the Legislature a report evaluating the effectiveness of the pilot project by January 1, 2016, as specified.

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This bill would expand these provisions to additionally authorize the County of Sierra to establish a pilot project as described above. The bill would require the county to prepare and submit to the Legislature a report evaluating the effectiveness of the pilot project by January 1, 2019. The bill would also extend the operation of these provisions until January 1, 2020.

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The Pedestrian Mall Law of 1960 requires a legislative body, after determining that a pedestrian mall shall be established and that there remain any written claims for legal damages because of the establishment of the proposed mall to direct an action or actions be brought in superior court, as specified, to resolve those claims.

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This bill would make nonsubstantive changes to this provision.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

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It is the intent of the Legislature in enacting this
2act and designating combined-use highways on unincorporated
3county roads in the County of Sierra for more than three miles to
4link existing roads in the unincorporated portion of the county to
5existing trails and trailheads on federal Bureau of Land
6Management or United States Forest Service lands in order to
7provide a unified system of trails for off-highway motor vehicles.
8It is the intent of the Legislature to develop additional data to
9better evaluate whether a combined-use highways system is
10workable in other counties beyond the County of Inyo. It is further
11the intent of the Legislature that no General Fund moneys be
12expended for the pilot project established by this act, and the
13project will be revenue neutral to the state.

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14begin insert

begin insertSEC. 2.end insert  

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begin insertSection 38026.1 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
15read:end insert

16

38026.1.  

(a) Except as provided in subdivision (e), thebegin delete County
17of Inyoend delete
begin insert Counties of Inyo and Sierraend insert maybegin insert eachend insert establish a pilot
18project to designate combined-use highways on unincorporated
19county roads in the county for no more than 10 miles so that the
P3    1combined-use highways can be used to link existing off-highway
2motor vehicle trails and trailheads on federal Bureau of Land
3Management or United States Forest Service lands, and to link
4off-highway motor vehicle recreational-use areas with necessary
5service and lodging facilities, in order to provide a unified system
6of trails for off-highway motor vehicles, preserve traffic safety,
7improve natural resource protection, reduce off-highway vehicle
8trespass on private land, and minimize impacts on county residents.

9(b) begin deleteThe end deletebegin insertAend insertbegin insert end insertpilot projectbegin insert established pursuant to this sectionend insert shall
10do all of the following:

11(1) Prescribe a procedure for highway, road, or route selection
12and designation. The procedure shall be approved by a vote of a
13majority ofbegin delete the Inyo County Board of Supervisors.end deletebegin insert each county’s
14respective board of supervisors.end insert

15(2) Prescribe a procedure for the county to remove a
16combined-use designation, including a designation that is removed
17as a result of the conclusion of the pilot program.

18(3) In cooperation with the Department of Transportation,
19establish uniform specifications and symbols for signs, markers,
20and traffic control devices to control off-highway motor vehicles,
21including, but not limited to, the following:

22(A) Devices to warn of dangerous conditions, obstacles, or
23hazards.

24(B) Designations of the right-of-way for regular vehicular traffic
25and off-highway motor vehicles.

26(C) A description of the nature and destination of the
27off-highway motor vehicle trail.

28(D) Warning signs for pedestrians and motorists of the presence
29of off-highway motor vehicle traffic.

30(4) Require that off-highway motor vehicles subject to the pilot
31project meet the safety requirements of federal and state law
32regarding proper drivers’ licensing, helmet usage, and the
33requirements pursuant to Section 38026.5.

34(5) Prohibit off-highway motor vehicles from traveling faster
35than 35 miles per hour on highways designated under this section.

36(6) Include an opportunity for public comment at a public
37hearing held bybegin delete theend deletebegin insert eachend insert county in order to evaluate the pilot
38project.

39(c) begin deleteThe end deletebegin insertAend insertbegin insert end insertpilot projectbegin insert established pursuant to this sectionend insert may
40include use of a state highway, subject to the approval of the
P4    1Department of Transportation, or any crossing of a highway
2designated pursuant to Section 38025.

3(d) (1) By selecting and designating a highway for combined
4use pursuant to this section,begin delete the County of Inyoend deletebegin insert each countyend insert agrees
5to defend and indemnify the state against any and all claims,
6including legal defense and liability arising from a claim, for any
7safety-related losses or injuries arising or resulting from use by
8off-highway motor vehicles of a highway designated as a
9combined-use highway bybegin delete the Inyo County Board of Supervisorsend delete
10begin insert each county’s respective board of supervisorsend insert pursuant to this
11section.

12(2) This subdivision does not alter the requirements of
13subdivision (e).

14(e) begin deleteThe County of Inyo end deletebegin insertA county end insertshall not designate a highway
15for combined use pursuant to this section unless the Commissioner
16of the Department of the California Highway Patrol finds that
17designating the highway for combined use would not create a
18potential traffic safety hazard.

19(f) Not later than January 1, 2016, the County of Inyo, in
20consultation with the Department of the California Highway Patrol,
21the Department of Transportation, and the Department of Parks
22and Recreation, shall prepare and submit to the Legislature a report
23evaluating the pilot project, and containingbegin delete bothend deletebegin insert allend insert of the
24following:

25(1) A description of the road segments designated to allow
26combined use for over three miles, as approved or adopted by a
27 majority vote of the members of the Inyo County Board of
28Supervisors.

29(2) An evaluation of the overall safety and effectiveness of the
30pilot project, including its impact on traffic flows, safety,
31off-highway vehicle usage on existing trails, incursions into areas
32not designated for off-highway vehicle usage, and nonmotorized
33recreation.

34(3) A description of the public comments received at a public
35hearing held by the county in regards to an evaluation of the pilot
36project.

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37
(g) Not later than January 1, 2019, the County of Sierra, in
38consultation with the Department of the California Highway Patrol,
39the Department of Transportation, and the Department of Parks
40and Recreation, shall prepare and submit to the Legislature a
P5    1report evaluating the pilot project, and containing all of the
2following:

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3
(1) A description of the road segments designated to allow
4combined use for over three miles, as approved or adopted by a
5majority vote of the members of the Sierra County Board of
6Supervisors.

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7
(2) An evaluation of the overall safety and effectiveness of the
8pilot project, including its impact on traffic flows, safety,
9off-highway vehicle usage on existing trails, incursions into areas
10not designated for off-highway vehicle usage, and nonmotorized
11recreation.

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12
(3) A description of the public comments received at a public
13hearing held by the county in regards to an evaluation of the pilot
14project.

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15(g)

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16begin insert(h)end insert (1) A report submitted pursuant to subdivision (f)begin insert or (g)end insert
17 shall be submitted in compliance with Section 9795 of the
18Government Code.

19(2) This section shall remain in effect only until January 1,begin delete 2017,end delete
20begin insert 2020,end insert and as of that date is repealed, unless a later enacted statute,
21that is enacted before January 1,begin delete 2017,end deletebegin insert 2020,end insert deletes or extends
22that date.

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23

SECTION 1.  

Section 11400 of the Streets and Highways Code
24 is amended to read:

25

11400.  

If following the hearing the legislative body determines
26that the pedestrian mall shall be established, and if at that time
27there remain any written claims for damages that have not been
28allowed pursuant to Section 11310 or that have not been
29withdrawn, the legislative body shall direct that an action or actions
30be brought in the superior court in the name of the city by the
31county counsel, district attorney, or city attorney, as the case may
32be, or other attorney designated by the legislative body for a
33determination of the damages, if any, to which the claimant may
34legally be entitled because of the establishment of the pedestrian
35mall. The action shall be in the nature of a proceeding in eminent
36domain for the condemnation of the right or rights in real property,
37the taking of which by the establishment of the pedestrian mall
38results in the damages claimed. Except as may otherwise be
39provided in this part, the action and proceeding shall be governed
40so far as the same may be made applicable by the provisions
P6    1relating to proceedings in eminent domain. Except as provided in
2Article 2 (commencing with Section 1245.210) of Chapter 4 of
3Title 7 of Part 3 of the Code of Civil Procedure, in any action the
4resolution of intention adopted pursuant to this part and the
5resolution adopted under Section 11311 conclusively establish the
6matters referred to in Section 1240.030 of the Code of Civil
7Procedure.

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