Bill Text: CA AB574 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: California Global Warming Solutions Act of 2006:

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB574 Detail]

Download: California-2013-AB574-Introduced.html

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BILL NUMBER: AB 574	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Lowenthal

                        FEBRUARY 20, 2013

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 574, as introduced, Lowenthal. State highways: relinquishment.
   Existing law gives the Department of Transportation 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 state highway segments to local agencies
that have been deleted from the state highway system by legislative
enactment, and in certain other cases.
   This bill would generally authorize the California Transportation
Commission to relinquish any portion of a state highway or related
facility within a county or city to that county or city, subject to
an agreement between the department and the local agency, without
requiring a legislative enactment deleting the state highway segment
from the state highway system. The bill would also require the
department to expeditiously consider and respond to each request it
receives from a city or county relative to an agreement relating to
the proposed relinquishment of a state highway segment within the
jurisdiction of the entity making the request, and would require the
department, from time to time, to recommend to the Legislature any
revisions to the statutory descriptions of state highway routes
occasioned by relinquishments approved by the commission. The bill
would make other related changes.
   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 73 of the Streets and Highways Code is amended
to read:
   73.   (a)    The commission shall relinquish to
any county or city any portion of any state highway within the county
or city that has been deleted from the state highway system by
legislative enactment, and the relinquishment shall become effective
upon the first day of the next calendar or fiscal year, whichever
first occurs after the effective date of the legislative enactment.
 It may likewise relinquish any portion of any state highway
that has been superseded by relocation. Whenever 
    (b)     (1)     Whenever
 the department and  the   any  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 portion of any state
highway within the jurisdiction of that county or city, if the
commission determines that the relinquishment is in the best
interests of the state. The commission may likewise relinquish 
any frontage or service road or outer highway, within the 
territorial limits of the  county or city, which has a
right-of-way of at least 40 feet in width and which has been
constructed as a part of a state highway project, but does not
constitute a part of the main traveled roadway thereof.  The
commission may likewise relinquish any portion of any state highway
in a county or city that has been superseded by relocation.  The
commission may  also   likewise 
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  
within a city or county to that city or county  .  The
relinquishment of a state highway or related facility pursuant to
this subdivision may occur notwithstanding anything in Chapter 2
(commencing with Section 230) to the contrary.  
   (2) With respect to frontage or service roads or outer highways or
nonmotorized transportation facilities, the relinquishment may occur
with the agreement of the applicable city or county or with the
adoption of a resolution consenting thereto by the applicable city or
county.  
   (3) An agreement entered into pursuant to this subdivision shall
require the city or county to maintain signs directing motorists to
the continuation of a state highway route, if applicable, and may
contain other conditions to ensure the continuity of traffic flow.
 
   (4) The relinquished portion of a former state highway route is no
longer a state highway as of the effective date of the
relinquishment, and is not eligible for adoption as a state highway
under Section 81.  
   Relinquishment 
    (c)     Relinquishment  shall be by
resolution. 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 any state highway  or related facility 
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,  or other related facility,  as the case may
be. 
    The 
    (d)     The  vesting of all right,
title, and interest of the state in and to portions of any state
highways  or related facilities  heretofore relinquished by
the commission, in the county or city to which it was relinquished,
is hereby confirmed. 
    Prior 
    (e)     (1)     Prior
 to relinquishing any portion of a state highway  or related
facility  to a county or a city, except where  required
by legislative enactment   the department and the
county or city have entered into an agreement providing therefor, or
as otherwise provided in paragraph (2) of subdivision (b)  , 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. 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) 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.  
   The 
    (f)     The  commission shall not
relinquish to any county or city any portion of any 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. 
   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. In the event that 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. 

   (g) The department shall expeditiously consider and respond to
each request it receives from a city or county relative to an
agreement relating to the proposed relinquishment of a state highway
or related facility within the jurisdiction of the entity making the
request.  
   (h) The department, from time to time, shall recommend to the
Legislature any revisions to the descriptions of state highway routes
in Chapter 2 (commencing with Section 230) occasioned by
relinquishments approved by the commission pursuant to this section.