BILL ANALYSIS                                                                                                                                                                                                    






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: SB 146
          SENATOR ALAN LOWENTHAL, CHAIRMAN               AUTHOR:  cox
                                                         VERSION: 2/11/09
          Analysis by: Art Bauer                         FISCAL:  yes
          Hearing date: March 31, 2009







          SUBJECT:

          Highway relinquishment

          DESCRIPTION:

          This bill relinquishes a segment of State Route (SR) 49 in the  
          town of Downieville to the County of Sierra. 

          ANALYSIS:

          Existing law:

             Identifies the California state highway system through a  
             description of segments of the state's regional and  
             interregional roads that are owned and operated by the  
             Department of Transportation (Caltrans).

             Defines a "state highway" as any roadway that is acquired,  
             laid out, constructed, improved, or maintained as a state  
             highway according to legislative authorization.

             Specifies that it is the intent of the Legislature for the  
             routes of the state highway system to connect the communities  
             and regions of the state, and that they serve the state's  
             economy by connecting centers of commerce, industry,  
             agriculture, mineral wealth, and recreation.

             Provides that any expansion or deletion of the state highway  
             system is through a statutory process requiring the  
             California Transportation Commission (CTC) to make findings  
             that it is in the best interest of the state to include or  
             delete a specified portion of roadway from the system.





          SB 146 (COX)                                             Page 2

                                                                       


           This bill  transfers to Sierra County ownership of about a  
          quarter mile of unused state highway right-of-way of SR 49. 

          COMMENTS:
          
          In the winter of 1937, a two-year-old bridge on SR 49 crossing  
          the Downie River in Downieville washed out in a flood. Traffic  
          was rerouted onto two county-owned streets and across the river  
          on a county-owned bridge.  In 1940, Caltrans entered into an  
          agreement with Sierra County that permits the state to use and  
          maintain the county owned bridge and connecting streets as a  
          detour until a new bridge is constructed. Since, commercial  
          interests have opposed the reconstruction of the bridge and the  
          realignment of SR 49 because of the fear that business would  
          bypass the community and that the bridge would impede the view  
          of the confluence of the Downie River with the Yuba River. 

          It has been 72 years since the washout, and the state has not  
          constructed a new bridge. In the meantime, the right-of-way for  
          the highway that served the washed out bridge was not used as a  
          highway and Sierra County, under an agreement with Caltrans,  
          began using it for a variety purposes, including for county  
          facilities and public access to river. The relinquishment  
          purposed in this bill will give the county control over the  
          entire quarter-mile segment of right-of-way and allow for the  
          implementation of a coherent plan for its use. According to  
          Caltrans, the relinquishment will allow the county to provide  
          more recreational activities, including an enhanced visitors'  
          center. 

          There are numerous precedents for relinquishing state highways  
          to local agencies. This bill is unique in that the  
          relinquishment is not an operating highway, but rather the  
          right-of-way for a segment of state highway that has been out of  
          service for 72 years. Therefore, requirements that the local  
          agency provide new highway signage, install traffic lights, or  
          make other improvements are unnecessary. 
          
          POSITIONS:  (Communicated to the Committee before noon on  
          Wednesday, 
                     March 25, 2009)

               SUPPORT:  Board of Supervisors County of Sierra

               OPPOSED:  None received.