Bill Text: CA AB2485 | 2011-2012 | Regular Session | Amended

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Bill Title: Roadside rest areas.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2012-04-24 - In committee: Set first hearing. Failed passage. Reconsideration granted. [AB2485 Detail]

Download: California-2011-AB2485-Amended.html

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BILL NUMBER: AB 2485	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 20, 2012

INTRODUCED BY   Assembly Member Hueso
   (Coauthors: Assembly Members Block and Jones)
   (Coauthors: Senators Anderson and Vargas)

                        FEBRUARY 24, 2012

   An act to add Section 226.6 to the Streets and Highways Code,
relating to highways.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2485, as amended, Hueso. Roadside rest areas.
   Existing law provides that the Department of Transportation has
full possession and control of all state highways and associated
property. Existing law provides for the planning, design, and
construction of a system of safety roadside rest areas on the state
highway system, which is maintained by the department. Existing law
authorizes up to 6 additional rest areas to be developed as joint
economic development demonstration projects.
   This bill would authorize the department to enter into one or more
agreements for the operation of safety roadside rest areas by
private entities in conjunction with the development of a retail
establishment, under which certain payments would be made to the
state. The bill would authorize the department to seek modification
of existing real estate contracts if that would be cost effective for
the state. The bill would specify the requirements for these
agreements and would require the department to seek any federal
waivers that may be necessary to implement these provisions.
   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 226.6 is added to the Streets and Highways
Code, to read:
   226.6.  Notwithstanding anything in this article to the contrary
and to the extent consistent with federal law, the department may
enter into one or more agreements for the operation of safety
roadside rest areas by private entities in conjunction with the
development of a retail establishment. To the extent that the
department has existing real estate contracts with private parties
that could be modified consistent with the requirements of this
section, the department may seek modifications to those contracts if
the department determines that to do so is cost effective for the
state. Any agreement shall provide for continued ownership by the
state of the affected property, but may provide for a lease of the
property to the private entity as well as payment to the state of a
fixed percentage of all gross sales generated at the retail
establishment via direct or online sales, with these payments to be
deposited into the State Highway Account. All maintenance of the
affected rest area shall be the responsibility of the private entity.
Under the agreement, the private entity shall be required to ensure
a daily minimum of 18 hours of public access to the rest area, and
shall provide restrooms, security, and limited vehicle parking. The
authorized retail establishment shall be consistent with
state-defined footprint and height standards, and may sell a range of
products for and to the traveling public as specified in the
agreement. The rest area and associated retail establishment shall
comply with all ADA standards and  LEED Silver targets
  meet or exceed the Tier 1 provisions of the  
2010 Edition of the California Green Building Standards Code (Part
11 of Title 24 of the California Code of Regulations)  for
sustainable design and construction. The department shall seek any
federal waivers that may be necessary to implement this section.