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SB-760 State highways: permits: improvements.(2017-2018)



Current Version: 06/04/18 - Amended Assembly

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SB760:v95#DOCUMENT

Amended  IN  Assembly  June 04, 2018
Amended  IN  Senate  January 23, 2018
Amended  IN  Senate  January 10, 2018
Amended  IN  Senate  January 03, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill
No. 760

Introduced by Senator Wiener
(Principal coauthors: Assembly Members Chiu and Kalra)
(Coauthors: Assembly Members Bloom and Friedman)

February 17, 2017

An act to add amend Section 891.1 to 670.1 of the Streets and Highways Code, relating to bikeways. state highways.


LEGISLATIVE COUNSEL'S DIGEST


SB 760, as amended, Wiener. Bikeways: design guides. State highways: permits: improvements.
Existing law authorizes the Department of Transportation to issue a permit to the owner or developer of property adjacent to or near a state highway, including the associated right-of-way, to construct, alter, repair, or improve any portion of the highway for the purpose of improving local traffic access, as provided. Existing law specifies that the permit may be issued only if the work within the highway right-of-way is to be performed in accordance with plans and specifications approved by the department.
If the improvement would not affect the operation of the state highway and the associated work would be performed in accordance with local agency plans and specifications, this bill would prohibit the department from denying an application for a permit solely because the associated work is not to be performed in accordance with plans and specifications approved by the department.

Existing law requires the Department of Transportation to establish minimum safety design criteria for the planning and construction of bikeways and uniform specifications and symbols for associated signs, markers, and traffic control devices. Existing law requires all city, county, regional, and other local agencies responsible for the development or operation of bikeways or roadways where bicycle travel is permitted to utilize all minimum safety design criteria and uniform specifications and symbols for signs, markers, and traffic control devices established under these provisions, except that alternative minimum safety design criteria may be used under certain conditions.

This bill would authorize a city, county, regional, or other local agency, when using the alternative minimum safety design criteria, to consider additional design guides, including the Urban Street Design Guide of the National Association of City Transportation Officials. The bill would authorize a state entity that is responsible for the planning and construction of roadways to consider additional design guides, including the Urban Street Design Guide of the National Association of City Transportation Officials.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 670.1 of the Streets and Highways Code is amended to read:

670.1.
 (a) The department may issue a permit to the owner or developer of property adjacent to or near a state highway to construct, alter, repair, or improve any portion of the highway for the purpose of improving local traffic access, if the improvements to the highway are required as part of, or as a condition to, the development of property and the improvements are accepted by the department.
(b) The (1) Except as specified in paragraph (2), the permit may be issued only if the work within the highway right-of-way is to be performed in accordance with plans and specifications approved by the department and the department reserves the right to inspect and accept the work as complying with the approved plans and specifications.
(2) If the improvement would not affect the operation of the state highway and the associated work would be performed in accordance with local agency plans and specifications, the department shall not deny an application for a permit solely because the associated work is not to be performed in accordance with plans and specifications approved by the department.
(c) All road, bridge, street lighting, or installation of signal work performed under a permit issued pursuant to this section for acceptance into the state highway system, except work performed solely to allow private encroachments onto the state highway or for utility or drainage encroachments within the state highway, are public works for purposes of Part 7 (commencing with Section 1720) of Division 2 of the Labor Code.

SECTION 1.Section 891.1 is added to the Streets and Highways Code, to read:
891.1.

(a)Pursuant to Section 891, a city, county, regional, or other local agency responsible for the development or operation of bikeways or roadways where bicycle travel is permitted, may consider additional design guides, including, but not limited to, the Urban Street Design Guide of the National Association of City Transportation Officials.

(b)A state entity responsible for the planning and construction of roadways may consider additional design guides, including, but not limited to, the Urban Street Design Guide of the National Association of City Transportation Officials.