BILL NUMBER: AB 1309	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Miller

                        FEBRUARY 18, 2011

   An act to  amend Section 969.6 of   add
Section 969.7 to  the Streets and Highways Code, relating to
 highways   public roads  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1309, as amended, Miller.  County road expenditures.
  Public roads: fire suppression.  
   Existing law authorizes a county board of supervisors, after
adopting a resolution, as specified, determining that the general
county interest demands the improvement or repair of a privately
owned road, to improve or repair that road and to pay for those
improvements or repairs in a like manner as improvements or repairs
of county highways.  
   This bill would grant a board of supervisors the same authority
with respect to improvement and repair of a public road that is not a
county highway or part of the county maintained system, if necessary
for purposes of fire suppression.  
   Existing law, if a state of emergency is declared by the board of
supervisors as a result of locally heavy rainfall or flood,
authorizes the board to expend county road funds for emergency
repairs to public roads that are not county highways if the repairs
are necessary to provide minimum public access for the protection and
preservation of health or safety of residents.  
   This bill would make nonsubstantive changes to these provisions.

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


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 969.7 is added to the 
 Streets and Highways Code   , to read:  
   969.7.  A board of supervisors may, after it has determined by a
resolution adopted by a four-fifths vote of its membership that the
general county interest demands the improvement or repair of a public
road that is not a county highway and is not in the county
maintained system, improve or repair the road if the improvements or
repairs are necessary for the purpose of fire suppression. Those
improvements or repairs shall be made and paid for in like manner as
improvements or repairs of county highways. Proceedings under this
section shall not cause the road to become a county highway. 

  SECTION 1.    Section 969.6 of the Streets and
Highways Code is amended to read:
   969.6.  Notwithstanding Section 969.5 or any other provision of
this code, if a state of local emergency is declared by the board of
supervisors as a result of locally heavy rainfall or flood, the board
may authorize the expenditure of road funds for the purpose of
emergency repairs to public roads that are not county highways and
not in the county maintained system, without obtaining a grant or
lease of right-of-way, if the repairs are necessary to provide
minimum public access for the protection or preservation of health or
safety of residents. The county shall not be responsible for the
maintenance of any road so repaired, and it shall not be liable for
the condition of the road after the emergency repairs are made.