Today's Law As Amended


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AB-867 Department of Transportation.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 104.6 of the Streets and Highways Code is amended to read:

104.6.
 (a)  (1)  The authority conferred by this code to acquire real property for state highway purposes includes authority to acquire for future needs. Structures maintained or allowed to remain on property which has been acquired, or is acquired in the future, for future highway needs shall be maintained in conformance with standards established in the building and safety ordinances of the city or county having jurisdiction. The standards to which such structure shall be made to conform are those standards, except for such variances as may be applicable to the structure when acquired, of the city or county having jurisdiction which are in effect at the time of acquisition by the department.
(2) (A) For purposes of paragraph (1), “safety ordinances” include an ordinance requiring a property owner to abate weeds.
(B) The department shall comply with a notice of weed abatement issued by a city or county fire department or fire chief, or their designee, pursuant to a safety ordinance to property owned by the department within 60 days of the notice.
(C) A city or county shall be entitled to reimbursement for actions taken by the city or county to abate weeds that the department fails to abate 60 days after receipt of the notice of weed abatement if the city or county makes the following findings at a regularly scheduled public hearing:
(i) The department’s failure to comply with the notice of weed abatement creates a significant fire risk.
(ii) The actions taken by the city or county to abate the weeds was necessary to mitigate that fire risk.
(b)  The department is authorized to lease any lands which are held for state highway purposes and are not presently needed therefor on such terms and conditions as the director may fix and to maintain and care for such property in order to secure rent therefrom. Except for any rent required under the California Toll Bridge Authority Act (Chapter 1 (commencing with Section 30000) of Division 17), or any bond indenture executed under that act, to be deposited in some other fund, all such rent shall be deposited to the credit of the State Highway Account in the State Transportation Fund. Twenty-four percent of such rent in the State Highway Account shall be allocated pursuant to Section 104.10.
(c)  Whenever it is determined by the department that any rental revenue collected under this section represents overpayment or payment in duplicate, the department may make refund of such overpayment or payment in duplicate from the State Highway Account.
(d)  Any reference in any law or regulation to the Highway Properties Rental Fund or to the Highway Properties Rental Account in the Transportation Tax Fund shall be deemed to refer to the State Highway Account.