BILL NUMBER: AB 1115	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2016
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Salas

                        FEBRUARY 27, 2015

   An act to amend  Section 21373 of, and to add  Section
 91.6 of the Streets and Highways   21371 to,
the Vehicle  Code, relating to highways.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1115, as amended, Salas.  State highways: litter
cleanup and abatement.   School zones: traffic control
devices: state highways.  
   Existing law generally provides that the Department of
Transportation and local authorities have authority over the highways
under their respective jurisdictions. Existing law requires the
department and local authorities to establish and promulgate warrants
to be used as guidelines for the placement of traffic control
devices near schools for the purpose of protecting students going to
and from school. Existing law authorizes the governing board of any
school district to request the applicable state or local authority to
install traffic control devices in accordance with those warrants,
and thereafter requires the state or local authority to undertake an
engineering and traffic survey to determine whether the requested
crossing protection meets the established warrants. Existing law
provides that the school district may be required to pay for not more
than 50% of the engineering and traffic survey, but requires the
applicable state or local authority to install the requested crossing
protection at its expense if the traffic survey determines that the
protection is warranted.  
   Existing law establishes a prima facie speed limit of 25 miles per
hour during specified periods of time on a highway near a school
building or school grounds if the highway is posted with standard
school warning signs. Existing law also authorizes local authorities,
by ordinance, to implement lower speed limits under specified
circumstances, but requires approval of the ordinance by the
Department of Transportation if the lower speed limit is to apply to
a state highway and also requires the local authority to reimburse
the department in certain cases for all costs incurred in this
regard.  
   This bill would authorize the governing board of a city, county,
city and county, or school district, by ordinance, to designate a
school zone within its geographic jurisdiction on a state highway,
other than a freeway, if the state highway is within 1,000 feet of
the grounds of a school, and to specify in the ordinance the
applicable speed limit that shall apply within the school zone. The
designation of a school zone pursuant to this section may be made
regardless of the previously posted speed limits on the state highway
or the presence of a fence, gate, or other physical barrier
separating the state highway from the school grounds. The bill, upon
approval of the ordinance, would require the city, county, city and
county, or school district to notify the Department of
Transportation, which, consistent with the ordinance, would be
required to post appropriate speed limit signs and standard school
warning signs for the school zone.  
   This bill would also authorize the governing board of a city,
county, city and county, or school district, with respect to a state
highway, other than a freeway, within its geographic jurisdiction, to
request the Department of Transportation to install traffic control
devices within a school zone designated by the bill, and to specify
the types of traffic control devices requested. The bill would
require the Department of Transportation, at its expense, to install
the requested traffic control devices within 180 days of receiving
the request.  
   Existing law provides that the Department of Transportation shall
have full possession and control of all state highways and associated
property. Existing law requires the department to maintain the state
highways and, within its maintenance programs relating to litter
cleanup and abatement, to assign a high priority to litter deposited
along state highway segments adjoining storm drains, streams, rivers,
waterways, beaches, the ocean, and other environmentally sensitive
areas. Existing law authorizes the department to use litter traps in
drains and any other effective technology in carrying out these
responsibilities.  
   This bill would instead require the department to use litter traps
in drains and any other effective technology in carrying out these
responsibilities. 
   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 21371 is added to the 
 Vehicle Code   , to read:  
   21371.  (a) Notwithstanding any other provision of law, the
governing board of a city, county, city and county, or school
district may, by ordinance, designate a school zone within its
geographic jurisdiction on a state highway, other than a freeway,
within 1,000 feet of the grounds of a school, and may specify in the
ordinance the applicable speed limit that shall apply within the
school zone. The designation of a school zone pursuant to this
section may be made regardless of the previously posted speed limits
on the state highway or the presence of a fence, gate, or other
physical barrier separating the state highway from the school
grounds.
   (b) Upon approval of the ordinance, the city, county, city and
county, or school district shall notify the Department of
Transportation, which, consistent with the ordinance, shall post
appropriate speed limit signs and standard school warning signs for
the school zone. 
   SEC. 2.    Section 21373 of the   Vehicle
Code   is amended to read: 
   21373.   (a)    The governing board of any
school district may request the appropriate city, county,  or
 city and county  or state agency  to install
traffic control devices in accordance with the warrants established
pursuant to Section 21372. Within 90 days thereafter, the city,
county,  or  city and county  or state agency
 involved shall undertake an engineering and traffic survey
to determine whether the requested crossing protection meets the
warrants established pursuant to Section 21372. The city, county,
 or  city and county,  or state agency 
involved may require the requesting school district to pay an amount
not to exceed 50 percent of the cost of the survey. If it is
determined that  such   the  requested
protection is warranted, it shall be installed by the city, county,
 or  city and county  or state agency 
involved. 
   (b) Notwithstanding any other provision of law, the governing
board of any city, county, city and county, or school district, with
respect to state highways, other than freeways, within its geographic
jurisdiction, may request the Department of Transportation to
install traffic control devices within school zones designated
pursuant to Section 21371, and may specify the type of traffic
control devices requested. The Department of Transportation, at its
expense, shall install the requested traffic control devices within
180 days of receiving the request.  
  SECTION 1.    Section 91.6 of the Streets and
Highways Code is amended to read:
   91.6.  The department shall, within its maintenance programs
relating to litter cleanup and abatement, assign a high priority to
litter deposited along state highway segments adjoining storm drains,
streams, rivers, waterways, beaches, the ocean, and other
environmentally sensitive areas. The department shall use litter
traps in drains and any other effective technology in carrying out
these responsibilities.