Bill Text

Bill Information


PDF |Add To My Favorites |Track Bill | print page

SB-757 State highways: relinquishment.(2019-2020)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 01/23/2020 09:00 PM
SB757:v96#DOCUMENT

Amended  IN  Senate  January 23, 2020
Amended  IN  Senate  January 15, 2020
Amended  IN  Senate  January 06, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 757


Introduced by Senator Allen

February 22, 2019


An act to amend Section 73 of of, and to add Section 622.4 to, the Streets and Highways Code, relating to state highways.


LEGISLATIVE COUNSEL'S DIGEST


SB 757, as amended, Allen. State highways: relinquishment.
Existing law vests the Department of Transportation with 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 provides for the commission to relinquish to local agencies state highway segments that have been deleted from the state highway system by legislative enactment or have been superseded by relocation, and in certain other cases.
This bill would revise and recast these provisions to delete the requirement that the portion to be relinquished be deleted from the state highway system by legislative enactment. enactment, except as provided with respect to a specified segment of Route 710.
The bill would require the department, not later than April 1, 2021, and biennially thereafter, to make a specified report to the commission on which state highway routes or segments primarily serve regional travel and do not facilitate interregional movement of people and goods. The bill would also authorize the department to identify in the report which of those routes and segments are the best candidates for relinquishment.
The bill would also authorize the commission to relinquish a portion of a state highway to a county or city, if the department and the county or city concerned have entered into an agreement providing for the relinquishment of a portion of a state highway, within the territorial limits of the county or city, that is not an interstate highway and does not facilitate the interregional movement of people and goods, as determined in the report. The bill would also require that the relinquishment of those routes and segments is subject to certain conditions, including that the department complete a specified cost-benefit analysis and that the commission hold a public hearing on the proposed relinquishment.
The bill would require the commission to compile a list of all portions of the state highway system relinquished in the previous 12 months and include this information in its annual report to the Legislature, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 73 of the Streets and Highways Code is amended to read:

73.
 (a) The Legislature finds and declares both of the following:
(1) Ownership and management of transportation infrastructure should be placed at the most appropriate level of government. Transportation infrastructure primarily serving regional travel and not facilitating interregional movement of people and goods is typically best managed by local and regional government entities. Transportation infrastructure, including interstate highways, that is needed to facilitate interregional movement of people and goods is typically best managed at the state government level.
(2) The Legislature intends for the department to identify routes, and segments of routes, that may be appropriate candidates for relinquishment and to streamline the process of approving relinquishments where the department and the city or county have entered into an agreement providing for the relinquishment.
(b) (1) The commission may relinquish to a county or city a portion of a state highway within the county or city that has been superseded by relocation.
(2) The commission shall not relinquish to a county or city a portion of a 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.
(c) Whenever the department and the county or city concerned have entered into an agreement providing therefor, or the legislative body of the county or city has adopted a resolution consenting thereto, the commission may relinquish, to that county or city, any frontage or service road or outer highway, within the territorial limits of the county or city, that has been constructed as a part of a state highway project, but does not constitute a part of the main traveled roadway thereof.
(d) 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.
(e) (1) The commission may relinquish a portion of a state highway to a county or city if the department and the county or city concerned have entered into an agreement providing for the relinquishment of that portion of that state highway, within the territorial limits of the county or city, that is not an interstate highway and does not facilitate the interregional movement of people and goods as determined in the report described in subdivision (h). The department and the county or city shall agree upon the condition or state of the relinquished portion of the state highway at the time of its transfer from the department to the county or city. The agreement shall specify any financial terms upon which the department and county or city have agreed. The agreement shall transfer all legal liability for the relinquished portion of the state highway at the time of its transfer from the department to the county or city.
(2) A relinquishment pursuant to paragraph (1) shall not occur unless all of the following conditions are met:
(A) The commission has determined the relinquishment is in the best interest of the state.
(B) The department completes a cost-benefit analysis on behalf of the state that may include a review of route continuity, market value assessments of the proposed relinquishment and associated parcels, a review of historical and estimated future maintenance costs of the proposed relinquishment, or any other quantifiable economic impacts.
(C) The commission holds a public hearing on the proposed relinquishment.
(3) Upon relinquishment of a portion of a state highway under this subdivision, the county or city accepting the relinquished former portion of state highway shall maintain within its jurisdiction signs directing motorists to the continuation of the remaining portions of the state highway, if any, to the extent deemed necessary by the department.
(f) Relinquishment shall be by a resolution adopted by the commission. A certified copy of the resolution shall be filed with the board of supervisors or the city clerk, as the case may be. 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 state highway shall vest in the county or city, as the case may be, and that highway or portion thereof shall thereupon constitute a county road or city street, as the case may be.
(g) The vesting of all right, title, and interest of the state in and to portions of state highways heretofore relinquished by the commission, in the county or city to which it was relinquished, is hereby confirmed.
(h) Not later than April 1, 2021, and biennially thereafter, the department shall report to the commission on which state highway routes or segments primarily serve regional travel and do not facilitate interregional movement of people and goods. The department may identify these routes or segments by one or more categories and shall indicate which routes and segments are the best candidates for relinquishment. The report shall include an aggregate estimate of future maintenance and preservation costs of the identified routes and segments. The commission, in consultation with the department, shall develop guidelines for this report.
(i) (1) Before relinquishing a portion of a state highway to a county or a city, 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, of both the jurisdiction and location of the portion of the state highway to be relinquished and the jurisdictions immediately adjacent to the route where the state highway continues. 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.
(2) With respect to a relinquishment pursuant to subdivision (b), 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. If 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.
(j) The commission shall compile a list of all portions of the state highway system relinquished in the previous 12 months and include this information in its annual report to the Legislature pursuant to Section 14535 of the Government Code.

SEC. 2.

 Section 622.4 is added to the Streets and Highways Code, to read:

622.4.
 The commission shall not relinquish to the County of Los Angeles or any city any portion of Route 710 located between Route 10 and Valley Boulevard pursuant to Section 73 and may only relinquish a portion of Route 710 located between Route 10 and Valley Boulevard pursuant to a subsequent legislative enactment authorizing that relinquishment.