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AB-1395 State highways: Department of Transportation: litter cleanup and abatement: report.(2017-2018)

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Date Published: 01/22/2018 09:00 PM
AB1395:v95#DOCUMENT

Amended  IN  Assembly  January 22, 2018
Amended  IN  Assembly  January 12, 2018
Amended  IN  Assembly  January 03, 2018
Amended  IN  Assembly  March 30, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1395


Introduced by Assembly Member Chu

February 17, 2017


An act to add Section 92.1 to the Streets and Highways Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


AB 1395, as amended, Chu. State highways: Department of Transportation: litter, debris, and graffiti remediation plan. litter cleanup and abatement: report.
Existing law provides that the Department of Transportation has full possession and control of all state highways and associated property, and sets forth the powers and duties of the department with respect to the operation, maintenance, and improvement of state highways.

This bill would require the department, on or before January 1, 2020, to develop a litter, debris, and graffiti remediation plan, which would address the buildup of litter and debris along state highways and freeways, the graffiti along state highways and freeways, and the delay between when the department is notified that an area contains litter, debris, or graffiti and when the area is remediated.

This bill would require the department, within its maintenance programs relating to litter cleanup and abatement, to assign the highest priority to litter deposited along state highway segments that carry the highest traffic volumes and the segments found by the department to have the highest incidences of litter and to reallocate existing litter cleanup resources as necessary in order to implement this priority. The bill would also require the department, on or before January 1, 2020, to conduct an assessment of the problem of litter on state highways and to make a specified report to the Legislature on its findings. The bill would require the department to consult with interested stakeholders that may include city and county officials in the development of the report.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Maintenance of our state highways and freeways is a long-standing problem in California.
(b) Litter, debris, and graffiti along California highways and freeways create unsightly scenes.

(c)When the Department of Transportation is unable to clean up the litter, debris, and graffiti, or falls behind with its remediation efforts, often times cities are left to fulfill those responsibilities.

SEC. 2.Section 92.1 is added to the Streets and Highways Code, to read:
92.1.

(a)(1)On or before January 1, 2020, the department shall develop a litter, debris, and graffiti remediation plan.

(2)The department shall consult with interested stakeholders, which may include city and county officials, to develop the plan.

(b)The plan shall address all of the following problems:

(1)The buildup of litter and debris along state highways and freeways.

(2)The graffiti along state highways and freeways.

(3)The delay between when the department is notified that an area contains litter, debris, or graffiti and when the area is remediated.

SEC. 2.

 Section 92.1 is added to the Streets and Highways Code, to read:

92.1.
 (a) (1) The department shall, within its maintenance programs relating to litter cheanup and abatement, assign the highest priority to litter deposited along state highway segments that carry the highest traffic volumes and the segments found by the department to have the highest incidences of litter.
(2) The department shall reallocate existing litter cleanup resources as necessary in order to implement this subdivision.
(3) Nothing in this subvision shall prevent the department from also prioritizing litter cleanup in environmentally sensitive areas pursuant to Section 91.6.
(b) On or before January 1, 2020, the department shall conduct an assessment of the problem of litter on state highways and report to the Legislature pursuant to Section 9795 of the Government Code on its findings. The department shall consult with interested stakeholders that may include city and county officials in the development of the report. The report shall include all of the following elements:
(1) A assessment of the levels of litter on state highways by categories of high-traffic volume, medium-traffic volume, and low traffic volume.
(2) An assessment of the causes of litter on highways by categories of high-traffic volume, medium-traffic volume, and low traffic volume.
(3) Changes to the maintenance practices the department has made in order to prioritize litter cleanup on high-traffic volume highways and the outcome of those changes.
(c) The requirement for submitting a report imposed under subdivison (b) is inoperative on January 1, 2024, pursuant to Section 10231.5 of the Government Code.