BILL NUMBER: SB 415	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 26, 2012
	AMENDED IN ASSEMBLY  JUNE 18, 2012
	AMENDED IN ASSEMBLY  JUNE 27, 2011

INTRODUCED BY   Senator Price

                        FEBRUARY 16, 2011

   An act to  amend Section 73 of   add Section
73.01 to  the Streets and Highways Code, relating to highways.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 415, as amended, Price. 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
authorizes the commission to relinquish to a county or city any
frontage or service road or outer highway, within the county or city
territorial limits, associated with a state highway that has been
deleted from the state highway system by legislative enactment, and
in other certain cases.   Existing law also provides for
the relinquishment of state highways or portions of state highways
to any county or city by the   commission in accordance with
specified criteria and procedures. 
   This bill would  include, as subject to relinquishment, a
park-and-ride lot and would also authorize the commission to
relinquish any frontage or service road or outer highway or
park-and-ride lot to a county transportation commission or regional
transportation planning agency.   , in addition,
authorize the commission to relinquish to a county transportation
commission or regional transportation planning agency a park-and-ride
lot associated with a state highway within their respective
jurisdictions, if the department enters into an agreement with the
county transportation commission   or regional
transportation planning agency providing for that relinquishment. The
relinquishment would be upon terms and conditions that the
commission finds to be in the best interests of the state, and would
be effective on the date following the county recorder's recordation
of the relinquishment resolution containing the commission's approval
of terms and conditions of the relinquishment. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Section 73.01 is added to the 
 Streets and Highways Code   , to read:  
   73.01.  The commission may relinquish to a county transportation
commission created pursuant to Chapter 1 (commencing with Section
130000) of Division 12 of the Public Utilities Code, or regional
transportation planning agency, a park-and-ride lot within their
respective jurisdictions, on terms and conditions that the commission
finds to be within the best interests of the state, if the
department enters into an agreement with the county transportation
commission or regional transportation planning agency providing for
that relinquishment. Any such relinquishment shall become effective
on the date following the county recorder's recordation of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.  
  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 the department and the county or city
concerned have entered into an agreement providing therefor, or the
legislative body or governing board of the county or city, or county
transportation commission created pursuant to Chapter 1 (commencing
with Section 130000) of Division 12 of the Public Utilities Code, or
regional transportation planning agency has adopted a resolution
consenting thereto, the commission may relinquish, to that county or
city, or county transportation commission created pursuant to Chapter
1 (commencing with Section 130000) of Division 12 of the Public
Utilities Code or regional transportation planning agency, any
frontage or service road or outer highway or park-and-ride lot,
within the territorial limits of the county or city or jurisdiction
of the county transportation commission or regional transportation
planning agency, which has a right-of-way of at least 40 feet in
width and which has been constructed as a part of a state highway
project, but does not constitute a part of the main traveled roadway
thereof. 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.
   Relinquishment shall be by resolution. A certified copy of the
resolution shall be filed with the legislative body or governing
board of the applicable local agency. 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, or with regard to
any frontage road, outer highway, or park-and-ride lot, in the
county, city, county transportation commission, or regional
transportation planning agency, as the case may be, and that highway,
road, or portion thereof, or park-and-ride lot shall thereupon
constitute a county road, city street, or other local facility, as
the case may be.
   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.
   Prior to relinquishing any portion of a state highway to a county
or a city, except where required by legislative enactment, 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. 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 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 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.