Section § 70

Explanation

This law states that the California Highway Commission has been abolished and all of its roles and responsibilities have been transferred to the California Transportation Commission. Any previous mentions of the California Highway Commission in laws now refer to the California Transportation Commission.

The California Transportation Commission now holds control over all the assets, property, contracts, and financial accounts that were previously managed by the California Highway Commission.

(a)CA Streets And Highways Code § 70(a) The California Highway Commission is hereby abolished, and the California Transportation Commission succeeds to, and is vested with, all the duties, powers, purposes, responsibilities, and jurisdiction of the California Highway Commission.
(b)CA Streets And Highways Code § 70(b) Any reference in any law or regulation to the California Highway Commission shall be deemed to refer to the California Transportation Commission.
(c)CA Streets And Highways Code § 70(c) The California Transportation Commission shall have the possession and control of all licenses, permits, leases, agreements, contracts, orders, claims, judgments, records, papers, equipment, supplies, bonds, moneys, funds, appropriations, buildings, land and other property, real or personal, held for the benefit, use, or obligation of the California Highway Commission.

Section § 70.2

Explanation

This part of the law states that the Legislature's policy is to ensure there is proactive planning and steady financial management for building and upgrading the state highway system. The emphasis is on being prepared and managing expenditures from the State Highway Account consistently. The commission in charge is expected to adhere to this policy as much as possible.

It is hereby declared to be the policy of the Legislature to provide for advance planning and continuity of fiscal policy in the construction and improvement of the state highway system and in the administration of the expenditures from the State Highway Account. The commission shall follow such policy in so far as possible.

Section § 71

Explanation

This law allows the commission to change where a state highway is located if they believe it benefits the state.

The commission may alter or change the location of any State highway if in the opinion of the commission such alteration or change is for the best interest of the State.

Section § 72

Explanation

This law section outlines plans for Route 480, the Embarcadero Freeway, in San Francisco, if federal emergency relief funds are available. Firstly, the state must promptly remove the damaged freeway structure. It will retain parts of the land needed for new ramps, while the rest will be given to the city. Both the state and the city will agree on new ramps and streets to ensure drivers can still easily navigate the area as they did with Route 480.

The City of San Francisco must build these ramps and streets using the land or proceeds from the land. Upon receiving the land, the city will take on all related responsibilities. The state and federal funds spent cannot exceed what would have been needed to fix Route 480 if it were kept as a highway. Lastly, this plan doesn’t prevent other projects under related laws.

(a)CA Streets And Highways Code § 72(a) The department shall do all of the following with respect to Route 480 in the City and County of San Francisco, commonly known as the Embarcadero Freeway, if approval for the use of federal emergency relief funds for that purpose is received from the appropriate federal agency:
(1)CA Streets And Highways Code § 72(a)(1) Remove the earthquake-damaged structure as quickly as possible.
(2)CA Streets And Highways Code § 72(a)(2) Retain that portion of the right-of-way that is necessary for new ramps and transfer to the City and County of San Francisco the remaining portions of the Route 480 right-of-way.
(3)CA Streets And Highways Code § 72(a)(3) Jointly agree with the City and County of San Francisco on a system of ramps and city streets that would essentially provide motorists with accessibility comparable to that provided by Route 480.
(b)CA Streets And Highways Code § 72(b) The City and County of San Francisco shall do both of the following:
(1)CA Streets And Highways Code § 72(b)(1) Construct the system of ramps and city streets and utilize the Route 480 right-of-way or the proceeds from sales of that right-of-way for the sole purpose of constructing an alternate system of local streets pursuant to paragraph (3) of subdivision (a).
(2)CA Streets And Highways Code § 72(b)(2) Upon the transfer of that right-of-way pursuant to this section, accept all obligations and liabilities associated with that right-of-way.
(c)CA Streets And Highways Code § 72(c) The total amount of state and federal funds to be expended by the state for the purposes of this section shall not exceed the amount of state and federal funds which would have been expended to repair and reopen the segment to traffic as a state highway.
(d)CA Streets And Highways Code § 72(d) Nothing in this section or Section 253.8 shall be construed to prohibit the selection, development, and operation of a project pursuant to Section 143.

Section § 72.1

Explanation

This section outlines the plan for replacing the damaged Central Freeway in San Francisco, which was affected by the 1989 Loma Prieta earthquake. The replacement plan, known as the Central Freeway Replacement Project, includes demolishing the damaged freeway, building a new section between Mission and Market Streets with additional ramps, and transforming Octavia Street into a ground-level boulevard.

The law recognizes the choice of the Central Freeway Replacement by the city voters and states that these projects qualify for statutory exemptions but may need further environmental review when specific plans are made for the property. If a proposed alternative is not approved by voters, the city must use funds from sold excess property for completing its share of the project and, thereafter, for transportation purposes.

The section also specifies which regions of Route 101 are not state highways based on project approvals and mandates prompt property transfers to the city.

(a)CA Streets And Highways Code § 72.1(a) For purposes of this section, the following terms have the following meanings:
(1)CA Streets And Highways Code § 72.1(a)(1) “Central Freeway Replacement Project” is the department and city designated alternative transportation system to the damaged Central Freeway.
(2)CA Streets And Highways Code § 72.1(a)(2) “City” is the City and County of San Francisco.
(3)CA Streets And Highways Code § 72.1(a)(3) “Freeway Project” includes demolition of the existing commonly known Central Freeway, construction of a new freeway between Mission Street and Market Street, and construction of ramps to, and from, the new freeway.
(4)CA Streets And Highways Code § 72.1(a)(4) “Octavia Street Project” is the improvement of Octavia Street from Market Street north as a ground level boulevard.
(b)CA Streets And Highways Code § 72.1(b) The Legislature finds and declares all of the following:
(1)CA Streets And Highways Code § 72.1(b)(1) That portion of Route 101 located in the city and commonly known as the Central Freeway was severely damaged in the 1989 Loma Prieta earthquake. This damage to the Central Freeway caused and continues to cause significant traffic congestion.
(2)CA Streets And Highways Code § 72.1(b)(2) Following the Loma Prieta earthquake, the department and the city, with substantial public involvement, selected the Central Freeway Replacement Project as an alternative transportation system to the damaged Central Freeway. The Central Freeway Replacement Project includes the Freeway Project consisting of the demolition of the existing Central Freeway, construction of a new freeway between Mission Street and Market Street, and the construction of ramps to, and from, the new freeway, and the Octavia Street Project, consisting of improvement of Octavia Street from Market Street north as a ground level boulevard. The Central Freeway Replacement Project will remediate traffic congestion problems and allow the city to reclaim unnecessary rights-of-way for beneficial public uses.
(3)CA Streets And Highways Code § 72.1(b)(3) The implementation of an alternative transportation system is in the best interests of the people of the State of California.
(4)CA Streets And Highways Code § 72.1(b)(4) No portions of Route 101 north of Fell Street and south of Turk Street are needed for the Central Freeway Replacement Project or for the proposed alternative project to be placed before the voters as Proposition J in the general municipal election of November 1999.
(c)Copy CA Streets And Highways Code § 72.1(c)
(1)Copy CA Streets And Highways Code § 72.1(c)(1) The Legislature recognizes that the Central Freeway Replacement Project adopted by the city’s voters, as local measure Proposition E in November 1998 qualifies for the statutory exemption under Section 180.2.
(2)CA Streets And Highways Code § 72.1(c)(2) The Legislature further recognizes that the proposed alternative project included in Proposition J also qualifies for the statutory exemption under Section 180.2.
(3)CA Streets And Highways Code § 72.1(c)(3) Notwithstanding paragraph (1), any development of property transferred to the city pursuant to this section may, to the extent required by applicable law, require subsequent environmental analysis by the city at the time at which the specific proposals for the use of that property are developed.
(d)CA Streets And Highways Code § 72.1(d) That portion of Route 101 between Market Street and Turk Street is not a state highway, except that if the proposed alternative to the Octavia Street Project is approved by the voters in the general municipal election of November 1999, only that portion of Route 101 between Fell Street and Turk Street is not a state highway.
(e)CA Streets And Highways Code § 72.1(e) The department shall retain jurisdiction over the portion of Route 101 that is between Mission Street and either Market Street or Fell Street, depending on which project is approved by the voters in the general municipal election of November 1999, and shall promptly transfer to the city any portion of Route 101 that is not a state highway under subdivision (d).
(f)CA Streets And Highways Code § 72.1(f) The following shall apply if the voters do not approve the alternative project in the general municipal election of November 1999:
(1)CA Streets And Highways Code § 72.1(f)(1) The city shall utilize any proceeds from the disposition or use of excess rights-of-way for the purpose of designing, constructing, developing, and maintaining the Octavia Street Project until the city’s share of the costs of that project are paid in full or funded from other sources. Upon the full funding of the city’s share of the Octavia Street Project, the city shall utilize any remaining proceeds from the sale of excess rights-of-way solely for the transportation and related purposes authorized under Article XIX of the California Constitution.
(2)CA Streets And Highways Code § 72.1(f)(2) Upon notification to the department by the San Francisco County Transportation Authority that the city is prepared to implement an interim traffic management plan, the department shall proceed expeditiously with demolition of the portion of Route 101 between Fell and Mission Streets. The department shall design and construct the Freeway Project, and the city shall design and construct the Octavia Street Project, and each project shall be consistent with the Central Freeway Replacement Project.

Section § 73

Explanation

This law describes the process for transferring ownership of state highways from the state to local counties or cities. It happens when a highway is removed from the state system or has been replaced by a new route. The transfer is effective at the start of the next year after removal and must be agreed upon by both the state and local governments. Local governments must give their consent through an agreement or resolution. The state must maintain the highway in good repair before transfer, but doesn't need to widen or reconstruct it. A notification period of 90 days is required before any relinquishment, during which local governments can object if they believe the highway isn't needed or isn't in good condition. If objections are raised, a public hearing will be held before finalizing the transfer. Once transferred, the highway becomes a local road.

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 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 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 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 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 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.

Section § 73.01

Explanation

This law allows a state commission to transfer ownership of park-and-ride lots to local transportation agencies, such as county transportation commissions or transit districts. This can only happen if an agreement is made that serves the state's best interests. The local agency taking over must maintain at least the same number of parking spaces as before. The transfer becomes official once the agreement is documented and recorded with the county.

(a)CA Streets And Highways Code § 73.01(a)  The commission may relinquish to a county transportation commission created pursuant to Chapter 1 (commencing with Section 130000) of Division 12 of the Public Utilities Code, a joint powers authority formed for purposes of providing transportation services, a transit district, or a regional transportation planning agency, a park-and-ride lot within their respective jurisdictions, on terms and conditions that the commission finds to be within the best interests of the state, if the department enters into an agreement with the county transportation commission, joint powers authority, the transit district, or regional transportation planning agency providing for that relinquishment.
(b)CA Streets And Highways Code § 73.01(b) The county transportation commission, joint powers authority, the transit district, or regional transportation planning agency requesting the relinquishment shall agree to maintain, at a minimum, the number of parking spaces provided by the department in the lot at the time of relinquishment. The relinquishment shall become effective on the date following the county recorder’s recordation of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment.

Section § 73.1

Explanation

This law allows the commission to transfer control of State Route 275, known as the Tower Bridge, to one or more cities where it is located. The transfer can happen if the city or cities agree to take responsibility for it and the commission decides the terms of transfer are beneficial for the state. The transfer officially takes effect on the first day of the next calendar or fiscal year after the commission approves the terms.

The commission may relinquish State Route 275, the Tower Bridge, to one or more cities in which it is located, upon agreement of the city or cities to accept it and pursuant to those terms the commission finds to be in the best interest of the state. A relinquishment under this section shall become effective upon the first day of the next calendar or fiscal year, whichever occurs first, after the effective date of the commission’s approval of the terms.

Section § 73.3

Explanation

This law allows a state commission to transfer control (called 'relinquishment') of a specific segment of State Route 224, from post mile 0.0 to post mile 1.7, to a city if it determines that doing so benefits the state. The city must agree to take over this part of the highway, and the transfer becomes effective the day after the commission approves the necessary terms and conditions.

Upon determination by the commission that it is in the best interest of the state to do so, the commission may, upon terms and conditions approved by it, relinquish State Route 224 from post mile 0.0 to post mile 1.7 to a city in which that segment of the highway is located, if the city has agreed to accept the relinquishment. The relinquishment shall be effective on the day immediately following the date of the approval of the terms and conditions by the commission.

Section § 73.4

Explanation

This law allows certain portions of state highways in California that create barriers to communities—like high-speed roads or separation from neighborhoods—to be transferred to local city or county control if they hinder connectivity or economic growth. This can apply if the highway acts as an obstacle to things like walking or biking, limits access to destinations, or impacts local economic development.

The transfer, or 'relinquishment,' can happen if specific conditions are met: the highway portion is within the city or county's limits, it's in the state's best interest, a public hearing is held, and the purposes include restorative justice, like transit-oriented development or creating affordable housing. The barrier must be altered to improve connectivity, possibly by replacing it with a new road structure or capping it.

Redevelopment of freed land should prioritize benefits for communities affected or displaced by the original highway. The change must comply with federal law and cannot require reimbursement of federal funds. The impact on disadvantaged communities needs to be significant, with certain criteria met, including a lack of legitimate justification for the original construction's impact. Once transferred, the highway section is no longer a state highway.

(a)CA Streets And Highways Code § 73.4(a) For purposes of this section, “infrastructural barrier” means a state highway for which high speeds, grade separation, or other design factors displaced residences or create an obstacle to connectivity, including any of the following:
(1)CA Streets And Highways Code § 73.4(a)(1) Obstacles to walking, biking, or mobility.
(2)CA Streets And Highways Code § 73.4(a)(2) Diminished access to destinations across the infrastructural barrier.
(3)CA Streets And Highways Code § 73.4(a)(3) Barriers to the economic development of the surrounding neighborhood.
(b)CA Streets And Highways Code § 73.4(b) In addition to relinquishments pursuant to Section 73, the commission may also, for relinquishments initiated under this section on or after January 1, 2023, relinquish a portion of a state highway that constitutes an infrastructural barrier to a county or city if the department and the applicable county or city have entered into an agreement providing for the relinquishment of the portion of the state highway.
(c)CA Streets And Highways Code § 73.4(c) A relinquishment pursuant to subdivision (b) may only occur if all of the following conditions are met:
(1)CA Streets And Highways Code § 73.4(c)(1) The portion of the state highway is located within the territorial limits of the city or county entering into the agreement.
(2)CA Streets And Highways Code § 73.4(c)(2) The commission determines the relinquishment is in the best interest of the state.
(3)CA Streets And Highways Code § 73.4(c)(3) The commission holds a public hearing on the proposed relinquishment to solicit input from the public.
(4)CA Streets And Highways Code § 73.4(c)(4) The purposes of the relinquishment are for restorative economic and social justice, including, but not limited to, transit-oriented development, affordable housing for low- and moderate- income people, green space, or active transportation infrastructure.
(5)CA Streets And Highways Code § 73.4(c)(5) The infrastructural barrier shall be removed or retrofit in a manner that enhances community connectivity and that is sensitive to the context of the surrounding community. The retrofit of the infrastructural barrier may include, but is not limited to, placing a freeway cap on the infrastructural barrier or replacing the infrastructural barrier with an at-grade arterial roadway.
(6)CA Streets And Highways Code § 73.4(c)(6) Any land made available by the removal or retrofit of the infrastructural barrier shall be redeveloped for the purposes specified in paragraph (4) with a focus on implementing improvements that will benefit the populations impacted by or previously displaced by the infrastructural barrier.
(7)CA Streets And Highways Code § 73.4(c)(7) A part of the relinquished portion of the state highway shall be used for transportation purposes to ensure the continuity of traffic flow.
(8)CA Streets And Highways Code § 73.4(c)(8) The relinquishment is consistent with federal law and regulations and does not require reimbursement to the federal government of any federal funding.
(9)CA Streets And Highways Code § 73.4(c)(9) The relinquishment is consistent with Article XIX of the California Constitution.
(10)CA Streets And Highways Code § 73.4(c)(10) The city or county determines that the construction of the infrastructural barrier had a significant impact on a disadvantaged community. An impact is significant if all of the following criteria are met:
(A)CA Streets And Highways Code § 73.4(c)(10)(A) There was a disproportionate impact on the disadvantaged community, including, but not limited to, creating obstacles to mobility or economic development or exposing the disadvantaged community to high levels of particulate matter, noise pollution, or other public health and safety risks.
(B)CA Streets And Highways Code § 73.4(c)(10)(B) A causal connection exists between the construction of the infrastructural barrier and the disproportionate impact.
(C)CA Streets And Highways Code § 73.4(c)(10)(C) The construction lacks a substantial legitimate justification for the disproportionate impact and a reasonable nondiscriminatory alternative could not be identified.
(d)CA Streets And Highways Code § 73.4(d) A relinquishment under this section shall become effective on the date following the county recorder’s recordation of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment.
(e)CA Streets And Highways Code § 73.4(e) On and after the effective date of the relinquishment pursuant to this section, all of the following shall occur:
(1)CA Streets And Highways Code § 73.4(e)(1) The relinquished portion of state highway shall cease to be a state highway.
(2)CA Streets And Highways Code § 73.4(e)(2) The relinquished portion of state highway shall be ineligible for future adoption under Section 81.
(f)CA Streets And Highways Code § 73.4(f) This section does not determine project elements, housing density, or setback limits, or place land use restrictions on portions of land not being relinquished pursuant to this section.

Section § 73.5

Explanation

This law allows the state of California to transfer land within national park areas that were acquired for highway purposes to the federal government. The transfer can happen if the state legislature has already given control over the area to the U.S., and the terms must be approved by a commission.

Whenever any area has been or may hereafter be constituted a National park or be added to any existing National park and jurisdiction thereover has been ceded by the Legislature to the United States, any lands within such area acquired for highway purposes may be conveyed by the department to the United States on such terms as the commission shall approve.

Section § 74

Explanation

If a city or county in California disagrees with a decision made by the department under certain sections, it can ask for a hearing with the commission within 30 days of the decision. The commission must then hold a hearing as soon as possible and notify the city or county. After the hearing, the commission decides whether to approve or reject the petition, and this decision is final.

Any city or county aggrieved by any decision of the department, under the provisions of Division 3 (commencing with Section 2004.5) or under the provisions of Sections 186.3 and 186.5, may, within 30 days after such decision, petition the commission for a hearing. If a petition is filed, the commission shall hear the petition as soon as conveniently possible and after reasonable notice to such city or county. The commission shall make its order allowing or disallowing the petition, in whole or in part, and the commission’s order shall be final and conclusive.

Section § 74.5

Explanation

This law requires that before a city or county's planning commission and legislative body can recommend adopting a new state highway route or picking a location for one, they must hold a public hearing. This ensures community involvement and transparency in decisions affecting state highways.

The planning commission and legislative body of a city or county shall, prior to recommending the adoption of a state highway route by the Legislature or the selection of a state highway location by the commission, conduct a public hearing on the subject.

Section § 75

Explanation

This law gives the commission the power to make decisions about State highways. They can choose locations for highways, decide how to spend money on building and maintaining them, and conduct surveys to see if certain roads should be part of the State highway system.

Except as otherwise provided by law, the commission at any time and from time to time may:
(a)CA Streets And Highways Code § 75(a) Select, adopt, and determine the location for State highways on routes authorized by law.
(b)CA Streets And Highways Code § 75(b) Allocate, from the funds available therefor, moneys for the construction, improvement or maintenance of the various highways or portions thereof under the jurisdiction of the department. The commission may determine in each case the maximum sum of money that shall be made available therefor.
(c)CA Streets And Highways Code § 75(c) Authorize preliminary surveys to determine the advisability of including in or excluding from the State highway system any highway or portion thereof.

Section § 75.9

Explanation

When a new state highway or freeway is planned, the commission must inform local planning agencies and legislative bodies in the area. These agencies and bodies then have 90 days to update their general plans to include the new highway or freeway.

Upon the selection, adoption, and determination of the location for a state highway or freeway, the commission shall notify all planning agencies and legislative bodies having responsibility pursuant to Section 65300 of the Government Code for the adoption of the general plan or plans in the area affected by such commission action. Within 90 days after receipt of such notice, all such planning agencies and legislative bodies shall revise the circulation element of their general plans to reflect such commission action.

Section § 76

Explanation

This law gives the California commission the authority to request or accept grants from U.S. executive agencies. These grants relate to rights-of-way for extending, maintaining, or operating state roads or bridges that go over U.S. government property.

There is hereby delegated to the commission by the Legislature of the State of California full power and authority to request or accept on behalf of the State of California any grant or grants or modifications of grants made by any executive agency of the United States whereby rights-of-way for the extension, maintenance or operation of state roads or bridges across property of the United States of America are desired or have been granted to the State of California or to any political subdivision thereof.

Section § 77

Explanation

This law allows the commission to officially accept a grant or changes to a grant that permits roads to pass through U.S. government property, as long as it's done through a formal resolution.

The commission may accept, by appropriate resolution, a grant or modification of a grant of right-of-way for any of the roads mentioned in Section 76 across property of the United States of America.

Section § 77.5

Explanation

This law allows the Governor of California to accept back from the federal government the legislative control over certain lands that were previously used for highway purposes. If this happens, the acceptance must be officially recorded at the county recorder’s office and the State Lands Commission, which keeps a public record of such transactions.

Notwithstanding any other provision of law, the Governor of the State of California is authorized to accept any retrocession of legislative jurisdiction offered by the United States of America over real property upon which an easement for a right-of-way or any other interest for highway purposes has been granted by the federal government to the State of California.
The execution and delivery of acceptance of retrocession of legislative jurisdiction by the Governor of California shall be recorded in the office of the county recorder where the land is located and in the office of the State Lands Commission. The State Lands Commission shall maintain a permanent public record of such acceptances as part of the index relating to jurisdiction of the United States of lands in the State of California required by Section 127 of the Government Code.

Section § 78

Explanation

This law states that when California receives certain land grants or relocates rights of way within military reservations, and such actions are accepted by the commission, these lands automatically become part of the state's public highway system.

Any of the said grants received by the State of California and accepted by the commission, or relocations of such rights of way so received in any military reservation, shall by the acceptance thereof become a part of the system of public highways of the State.

Section § 79

Explanation

This law states that while a commission is given certain powers, the California Legislature can still exercise those same powers when it is in session. The authority given to the commission is not exclusive, meaning the Legislature retains the right to act on the matters as well.

This delegation of power to the commission shall not be deemed exclusive, but any of the powers herein enumerated may continue to be exercised by the Legislature itself while in session.

Section § 80

Explanation

This law states that any decisions made by the commission must be officially recorded in one of three ways: through a resolution, a vote, or an order entered into the commission's minutes.

The commission shall act by resolution or by vote or order entered in its minutes.

Section § 81

Explanation

This law states that the commission must adopt an existing highway as part of the state highway system if it connects starting and ending points (termini) on a state route and is already travel-ready, unless another specific rule applies. If there are multiple highways, the commission decides which one to officially designate as the state highway. These adopted roads will have the same status as highways originally built by the state. Previous actions by the commission and department regarding these highways are confirmed and approved.

Except as is provided in Section 2109, whenever there exists between the termini of, and approximately on, any route included in the state highway system a traversable highway, the commission shall adopt the same as the state highway between such termini. The commission may adopt a portion of any such road if it determines that such portion is constructed to adequate standards and if such portion is contiguous to a portion of the state highway system presently being maintained by the department. If more than one such traversable highway exists, the commission shall determine and designate which of such highways shall constitute the state highway. The traversable highways thus selected and adopted shall be state highways in all respects the same as if originally constructed or acquired by the state, subject to all laws applicable to state highways. All acts and actions of the commission and the department with respect to the taking over and maintenance of such highways heretofore taken are hereby approved and ratified.

Section § 82

Explanation

This law states that when a highway is officially made a state highway, written notice must be sent to local government officials in the areas the highway passes through. Official notice is considered given when a certified copy of the decision is filed with these local authorities.

Whenever a traversable highway is adopted as a state highway as provided in Section 81, written notice of such action shall be given to the board of supervisors of each county and to the city council of each city within which such highway or any portion thereof is located. The filing of a certified copy of the resolution or order of the commission with the local authority shall be a sufficient notice of the action of the commission.

Section § 83

Explanation

This law explains that any public street or highway inside the boundaries of a state highway automatically becomes part of that state highway without needing to pay compensation. The state highway department will oversee and maintain these areas.

Any public street or highway or portion thereof which is within the boundaries of a state highway, including a traversable highway adopted or designated as a state highway, shall constitute a part of the right of way of such state highway without compensation being paid therefor, and the department shall have jurisdiction thereover and responsibility for the maintenance thereof.

Section § 84

Explanation

Before starting construction on state highways or structures like bridges near ocean areas that could be used as small boat harbors, the department must first send their plans to the Department of Boating and Waterways.

They need to consider any feedback or suggestions about how their construction plans might work with plans for small boat harbors.

Before the department commences the construction of any state highway or of any bridge, viaduct, conduit, pipe, trestle, or other obstruction in connection therewith across any cove, bay, or inlet of the ocean in this state, the department shall submit the plans of the proposed project, insofar as they might affect the use of such cove, bay, or inlet as a small boat harbor, to the Department of Boating and Waterways and shall consider any suggestions made with respect to the integration of the proposed highway project with any proposed plan for the development of a small boat harbor.

Section § 84.5

Explanation

When planning and designing state highway projects that involve building a new bridge over a navigable river, officials must explore and report on whether it's possible to include public access to the river for recreational use. This means they need to consider if people can easily and safely get to the river for activities like boating or fishing.

During the design hearing process relating to state highway projects that include the construction by the department of a new bridge across a navigable river, there shall be included full consideration of, and a report on, the feasibility of providing a means of public access to the navigable river for public recreational purposes.

Section § 85

Explanation

This law allows the commission to hire experts in various fields to independently evaluate route proposals. These experts can be in areas like engineering, economics, or fish and wildlife management. The commission can use funds from the State Highway Account to pay for this assistance.

In order to provide the commission with an independent evaluation of routing proposals as the commission may desire from time to time, the commission may contract with specialists, including, but not limited to, persons trained and experienced in engineering, economics, landscape and design architecture, fish and wildlife management, park and recreation management, history and sociology, agriculture, and urban and regional planning. The commission is authorized to expend any funds in the State Highway Account to carry out the provisions of this section.

Section § 86

Explanation

This law allows the commission to hand over its routine tasks and responsibilities to the department. The terms and conditions for this delegation are decided by the commission.

The commission may delegate to the department any ministerial or administrative power, duty, responsibility, or function of the commission. The delegations authorized herein shall be upon such conditions and terms as the commission deems appropriate.