AdministrationCalifornia Transportation Commission
Section § 70
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.
Section § 70.2
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.
Section § 71
This law allows the commission to change where a state highway is located if they believe it benefits the state.
Section § 72
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.
Section § 72.1
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.
Section § 73
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.
Section § 73.01
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.
Section § 73.1
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.
Section § 73.3
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.
Section § 73.4
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.
Section § 73.5
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.
Section § 74
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.
Section § 74.5
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.
Section § 75
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.
Section § 75.9
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.
Section § 76
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.
Section § 77
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.
Section § 77.5
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.
Section § 78
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.
Section § 79
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.
Section § 80
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.
Section § 81
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.
Section § 82
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.
Section § 83
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.
Section § 84
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.
Section § 84.5
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.
Section § 85
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.
Section § 86
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.