Bill Text: CA SB782 | 2015-2016 | Regular Session | Introduced

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Bill Title: State highways: relinquishment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB782 Detail]

Download: California-2015-SB782-Introduced.html

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BILL NUMBER: SB 782	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Allen

                        FEBRUARY 27, 2015

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 782, as introduced, Allen. 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 to local agencies state highway segments
that have been deleted from the state highway system by legislative
enactment, and in certain other cases.
   This bill would make nonsubstantive changes to these provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
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been superseded by relocation.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)     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, 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 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. 
    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 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. 
    The 
    (d)     The  vesting of all right,
title, and interest of the state in and to portions of any state
highways heretofore relinquished by the commission, in the county or
city to which it was relinquished, is hereby confirmed. 
    Prior 
    (e)     Prior  to relinquishing any
portion of a state highway to a county or a city, except where
required by legislative enactment, 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. 
    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 
    (g)     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.