AdministrationThe Department of Transportation
Section § 90
This law gives the department complete control over all state highways and the property related to them. It also empowers and instructs the department to plan, construct, and maintain these highways as specified by law and under the direction of the commission.
Section § 90.1
This law section outlines how the department can attract and keep skilled civil engineers. It mandates a recruitment program that might include repaying part of the new engineers' student loans up to $125,000 a year. The department will figure out how many engineers are needed across different districts and can offer them higher starting salaries.
Civil engineers can also move to higher salary brackets based on performance and agreements with engineering associations. The department is encouraged to provide training and cover costs for exams needed to get licenses or certifications.
Additionally, there's a student loan offer where up to $5,000 can be provided to students or current employees in relevant programs, and parts of the loan can be forgiven after working for the department for a certain number of years. The director will determine how this program is run.
Finally, it acknowledges the increased complexity and responsibility of engineering work due to projects funded by taxes and shifts toward contracting, affecting how the first level of engineering supervision is structured.
Section § 91
This law requires the department to take care of and improve the state highways. This includes any highways that can be driven on and have been officially recognized as state highways by the commission, according to the guidelines in this code.
Section § 91.2
This section mandates that the California Department of Transportation (Caltrans) conduct construction inspection services for projects on or near state highways. Caltrans employees or hired consultants handle tasks like testing materials, ensuring quality, and monitoring environmental compliance, with a direct reporting line to senior engineers who make decisions about the work quality. If safety risks arise, Caltrans can halt operations and must ensure safety during highway work, including when lanes are closed or detours are in place. Regular site inspections are required to ensure compliance, and any issues must be promptly addressed. The use of employees or consultants for these services must be included in Caltrans' budget. Note that this doesn't cover surveying as part of design-build contracts. This law is effective until January 1, 2034. If a court invalidates any part of this section, Caltrans must post the decision on their website.
Section § 91.5
This law allows the department responsible for highways to make agreements with people or organizations who want to help maintain or enhance roadsides, like picking up litter or doing other upkeep. The agreement can outline exactly what maintenance will be done.
A sign acknowledging the sponsor’s contribution can be put up with approval, as long as it follows the existing rules about signs.
Section § 91.6
This law requires the department responsible for highway maintenance to prioritize cleaning up litter along highways that are next to environmentally sensitive areas like storm drains, rivers, beaches, and oceans. They are allowed to use litter traps and other effective methods to fulfill this requirement.
Section § 91.8
This law requires the department to set up a process to remove and dispose of animal carcasses on state highways safely and environmentally. They can move carcasses regardless of species protection or ownership rules. For domestic or livestock animals, the owner should be notified when possible. For wild or endangered animals, disposal must follow specific wildlife laws. The department should use environmentally friendly disposal methods, such as composting or burial, unless those are unavailable, and must avoid placing carcasses near waterways. They must keep a record of disposal sites used.
Section § 91.9
Section § 91.41
The Clean California Local Grant Program of 2021 is set up to help local and regional agencies, transit agencies, and tribal governments clean and beautify public spaces like streets, parks, and transit centers. The goal is to reduce waste, beautify areas, enhance public health, and benefit underserved communities. Half of the funds must go to projects helping underserved areas. The Department will organize projects quickly and create guidelines without needing to follow lengthy procedures, including community input on those guidelines. Matching funds from local groups can’t exceed 50%, and the state might need less or nothing for disadvantaged areas.
Grant limits are set at $5 million per project, focusing on projects like litter cleanups and landscaping. Homeless people can’t be displaced by these projects. Grants can be given upfront to public agencies that request it and show a need, have good financial practices, and can offer assurances. Public involvement and community priorities play a role in choosing projects.
Section § 91.42
This law creates the Clean California State Beautification Program of 2021, which funds projects to clean and beautify California's state highways and public spaces. The goals are to reduce waste and debris, enhance public spaces, promote health and cultural connections, and support underserved communities.
By six months after the law's start date, criteria for choosing projects and measuring success must be set. Projects will be selected based on need, potential for beautification, greening benefits, community involvement, and advantages for underserved areas. Funding can't be used to displace homeless individuals.
Section § 91.43
This law outlines how the California Department of Transportation can use job order contracting to carry out projects under the Clean California State Beautification Program of 2021. It involves prequalifying contractors, creating a set of documents including unit prices and specifications, and asking for competitive sealed bids.
Contracts can last up to a year, with options for two additional one-year extensions, and require adequate bonding and insurance from contractors. Funds from specific local and state programs are not to be considered transportation funds under other particular law sections.
The law also gives the department authority to quickly purchase vehicles and equipment necessary for litter cleanup, overriding usual state procurement procedures, and requires them to report program outcomes, including vehicle purchases and litter collected, to the Legislature in the specified fiscal years.
Section § 92
This law says the department responsible for highways in California can do anything needed or useful for building, improving, maintaining, or using these highways under its control.
Section § 92.1
This law requires the California Department of Transportation to update guidelines by July 1, 2021, for the use of safety measures that protect workers on highways, such as barriers and flagger assistance devices. If the updated guidance allows for, but does not mandate, certain safety devices, contractors on public works projects can request compensation for using them. The department must report to the Legislature by January 1, 2024, on the effectiveness of these protections, and this requirement will no longer apply after January 1, 2028. The department will then establish standards for using these safety measures on state highways, after consulting with relevant groups. Additionally, contractors must adhere to guidelines when using compensated safety devices. Specific rules and regulations can be created to support these measures, avoiding certain government procedural requirements.
Section § 92.2
This law requires the department responsible for highways to replace any trees that have been removed or destroyed due to highway widening projects, when feasible. It also specifies that funds allocated for widening highways can also be used for planting new trees.
Section § 92.3
This section sets rules for freeway landscaping to conserve water in California. The government must stop using thirsty plants and switch to drought-resistant ones whenever possible. They are also required to stop using imported water for landscaping when they can.
Freeway irrigation should use recycled water if it meets certain quality and availability conditions and if it benefits highway programs. Local agencies can install water lines on freeway land, as long as it doesn't interfere with traffic, and they must ensure any service disruptions won't cause issues for the state. There are specific requirements to follow for using freeway space for recycled water, including making sure water lines are underground.
The department should use native Californian plants that support pollinators, and work with local agencies to manage water effectively.
Section § 92.4
This law says that if a state freeway is next to a city street or county road that wasn't yet built when the freeway was planned, the state can help pay for the construction of the part of the street or road that directly borders the freeway.
Section § 92.5
In California, the state must install wires or devices in long tunnels and underpasses on highways within cities to ensure that radios in vehicles can still receive broadcasts. This is considered a highway improvement because it helps law enforcement officers get important radio calls while on duty and makes the highway experience more enjoyable for everyone.
Section § 92.6
This law mandates that the state must install and maintain screens on freeway overpasses where pedestrians walk. The screens are meant to stop people from dropping or throwing things onto vehicles below. Urban areas get prioritized for these installations.
Section § 93
This section allows the transportation department to create detours to help traffic flow when state highways are blocked by construction or other reasons. If they use a local public highway as a detour, they must return it to its original condition afterward, unless the local agency that controls the highway requests otherwise and covers any improvements made. Additionally, the department must cover any reasonable extra costs that the local agency faces while maintaining the highway during its use as a detour, if these costs result from the detour.
Section § 94
This law allows the department to enter into contracts with federally recognized Indian tribes and entities they own to perform its duties. These contracts can include off-reservation traffic impact mitigation projects. For such projects, expenses and costs must be fully reimbursed by the tribe or entity, and project funds should be held in escrow before development begins.
The transportation projects must follow all state and federal environmental laws, including the California Environmental Quality Act. Additionally, these projects must not interfere with the completion of other projects in the State Transportation Improvement Program and must align with regional transportation plans.
Section § 94.3
This law requires the department responsible for highway contracts in California to create a program that applies similar regulations to those found in a specific federal code. This is necessary when the original federal regulations don't apply to contracts funded solely by the state.
Section § 94.4
This law makes it illegal to knowingly commit fraud to gain certification as a minority business enterprise. This includes making false statements or interfering with investigations. Violators face a civil penalty up to $5,000 and repeat offenders may be barred from state contracts. A minority is defined as individuals from specified ethnic groups or those who are socially and economically disadvantaged. A minority business enterprise is a small business predominantly owned and operated by minorities or women.
Section § 95
This law allows the department responsible for highways in California to continue snow removal on a part of a state highway that is no longer the main route because a new freeway has been built. If that portion was used for winter recreational activities and the local county agrees, the department can keep clearing snow from the old highway.
Section § 95.5
This law mandates that starting November 8, 1967, the department is responsible for snow removal on the stretch of former U.S. Route 40. This particular section runs from where it intersects with Interstate 80 near Donner Memorial Park and goes about four miles west toward Donner Lake.
Section § 95.6
This law mandates that by July 1, 1992, California's transportation department must create a deicing policy for state highways to improve safety without harming the environment. The plan should explore different deicing technologies and be included in the budget starting from the 1992-93 fiscal year.
The policy should review existing research on salt substitutes, consider findings from an ongoing national study about the costs of salt versus alternatives, and propose reducing salt use on highways where it harms the environment, especially in the Lake Tahoe Basin.
An analysis of costs to transition to environmentally safe deicing methods must also be part of the plan.
Section § 96
This law requires the state to quickly clean or replace any traffic signs on highways if graffiti makes them hard to read and potentially dangerous for drivers. The state must act promptly once they know about the problem, either by removing the graffiti and applying an anti-graffiti treatment or by replacing the sign, depending on which option is cheaper and easier.
Section § 97
This law allows certain segments of California state highways to be designated as Safety Enhancement-Double Fine Zones, where traffic fines are doubled to improve safety. A highway segment can be marked as such if it is part of the state highway system and has a higher than average accident rate, including head-on collisions. The Department of Transportation, in consultation with the California Highway Patrol, must certify these conditions. Additionally, local authorities and governing boards need to support the designation, and there must be active efforts to improve road safety and driver behavior, plus appropriate traffic signs in place to warn drivers about the increased fines.
Once designated, the zone status lasts for at least two years and is reviewed every two years to ensure ongoing eligibility. If a segment no longer meets the criteria, the designation is revoked, and signs are removed. The increased fines apply only if signs are present, and they do not increase liability for the state or local authorities. Importantly, doubled fines only apply to the base amount, not additional penalties or assessments. Existing Safety Enhancement-Double Fine Zones prior to this law's effect are exempt from these requirements, and these designations do not prioritize the projects for state funding.
Section § 97.01
This law states that the Golden Gate Bridge can be officially designated as a Safety Awareness Zone, following the criteria in a different section, Section 97.1.
Section § 97.1
A highway can be labeled as a Safety Awareness Zone if it meets certain criteria: it's eligible under another section, local authorities support it with a plan addressing education, enforcement, and safety design, and for state highways, the plan must also be approved by state transportation officials and the highway patrol. Once designated, this status is effective immediately and lasts for up to three years, with the possibility to renew. The highway department will put up signs to inform drivers but this designation will not increase legal liability or change funding priority for projects on these highways. The term 'highway' is defined as per the Vehicle Code.
Section § 100
This law requires the department to use what they already have to keep an eye on all the breaks in the state highway system. They need to identify any safety and maintenance problems that could arise over time.
Section § 100.1
This law allows the department to take all necessary actions to plan, acquire land for, and build, or convert any part of a state highway into a freeway.
Section § 100.2
This law allows the department to make agreements with city councils or boards of supervisors to close streets or highways near where they meet a freeway. They can also manage how these roads connect to the freeway. Any closure or connection must be agreed upon or temporally necessary for construction.
No new roads can connect to a freeway without the commission's consent, which is based on what they believe is in the public interest.
Section § 100.3
This law explains that when a part of a state highway is officially declared a freeway, it will be treated as such under the law. However, this does not change private rights to access property adjoining the freeway. If those property rights are affected or need to be taken, it must be done legally, respecting property rights under the California Constitution. Also, a state highway can't become a freeway without either getting permission from nearby landowners or legally acquiring their access rights.
Section § 100.5
This law states that if a state highway needs a ferry service for complete traversal and none exists, the department can either operate the ferry or let a county or city do it. If a publicly owned ferry becomes part of a state highway, the state takes ownership. The department sets operating rules and may charge up to $1 per vehicle during late night hours, except if a county previously operated it for free all day. Vehicles on these ferries must meet size, weight, and speed limits set by the department for safety. Exceeding these limits, as indicated by posted signs, is a legal violation, and the department can sue for damages if the rules are not followed.
Section § 100.6
This law allows the California Department of Transportation to make agreements with neighboring states or their agencies for the building and upkeep of bridges over interstate waters as well as highways near state borders. These agreements can cover how the construction and maintenance are carried out. The department can use available highway funds to pay for the work under these agreements.
Section § 100.7
This law allows the State of California to insure bridges on the State Highway System against risks up to their full value. If a bridge is damaged, the insurance money will be used to fix it. Bridges can be insured even after any money borrowed to build them is paid off. Insurance costs are covered by the state's highway funds.
Once the debts for a bridge, except those over San Francisco Bay, are fully repaid, that bridge becomes a free bridge. The state will then cover the maintenance costs using funds for state highways.
Section § 100.9
If a state highway is redirected to bypass a city or business area, the state must put up signs to guide drivers to these areas if they want to visit. Once the old road is handed over to the local city or county, the state will leave the existing signs in place, except for route numbers, and the local area will then take care of maintaining them. The state should remind the city or county to continue maintaining these signs.
Section § 100.15
In California, before any major project that increases traffic capacity or changes highway lanes can be approved, the relevant agency must show that they considered using lanes that can reverse direction. This means they need to think about creating lanes that switch travel direction depending on traffic needs.
Section § 100.21
Section § 100.22
Before the city council or board of supervisors can make an agreement as mentioned in Section 100.2, they must hold a public hearing to discuss the matter.
Section § 100.25
This law section states that agreements can include plans for upgrading or expanding city streets or county highways that connect to a freeway. If these changes are necessary to manage freeway traffic and ensure smooth connections with existing roads, the department responsible for highways can include this work as part of the freeway construction project.
Section § 100.45
Section § 100.51
This law states that if a bridge or highway crossing over water can't be used because of an accident or repairs, the department can run a temporary ferry service instead. These ferries can charge tolls just like the bridge might, and vehicle tolls can be set based on different factors like the weight, length, or number of axles.
Section § 101
This section lays out responsibilities related to state highways and historical markers. The state's transportation department is responsible for maintaining and clearing any plant growth from historical markers located near state highways.
Additionally, if the Legislature decides to name districts or highway bridges and wants name plaques put up, the department can spend money on these plaques.
For major bridges not already named, the Legislature can name them for servicemen killed in action from the local county, choosing from names provided by veterans' groups.
Section § 101.1
This law lets the department put the 9-1-1 emergency phone number on road signs at state entry points and boundaries of cities, towns, and counties along state highways. Signs must include the city or town name, population, and altitude. If a county, city, or town crosses a highway at multiple locations, signs are only required at the two farthest points. The department is responsible for creating uniform sign specifications, and emergency numbers will be added only when signs are updated for other reasons.
Section § 101.2
This law allows the department to change or replace city limit road signs if they think it's needed.
Section § 101.3
This law requires that any plans for bridges or structures over rivers or drainage areas must be approved by the Reclamation Board before construction. The board oversees these projects to ensure they meet specific standards. Once approved, the structures can't be changed or moved using highway funds without the department's approval.
Section § 101.4
This law states that the department is required to replace a city's boundary road sign if three conditions are met: the city formally requests it, there's a significant population change shown by a federal census, and the city hasn't requested a sign replacement in the last five years.
Section § 101.5
This law allows the Department to create maps to clearly describe certain state lands that may be used to support state highway projects. These lands can include swamps, submerged lands, or other sovereign lands in California, such as rivers or lakes, that are essential for highways or materials for their construction and maintenance. Once approved by the State Lands Commission, these lands are reserved for the Department's use, and any other uses will be secondary to this purpose. This does not include state school lands. If needed, the reservation can be released through a formal certificate. The Department also appraises the value of these lands or materials used and deposits this amount into the State Parks and Recreation Fund, counting it as part of the highway construction costs.
Section § 101.6
This law requires the department to put up signs on state highways that show the maximum penalty for littering or throwing flammable items from a vehicle outside business or residential areas. County road commissioners must also put up these signs on the roads they oversee.
Section § 101.7
This law allows for information signs on freeways in rural areas to show where services like fuel, food, and lodging can be found. These signs can't go in cities with over 5,000 people, except in some cases around Lincoln and Truckee until 2021. Businesses applying to have signs are given equal chances. The signs can't replace existing highway or business signs. Businesses must pay a fee to have these signs, which helps fund highway rest areas. There's also an 'RV-friendly' symbol for businesses that meet certain space and access requirements. New rules will be made for signs showing attractions like parks and museums.
Section § 101.8
This law allows the state department to create and put up signs along highways to inform drivers about public-funded rail services. These signs can only be installed along highways that run next to these rail routes. Additionally, the signs are considered "information signs" under certain business code sections.
Section § 101.9
This law requires the department to create rules so that guide signs can be placed on highways in rural areas, indicating the presence of a 24/7 open fire station within a half-mile of an exit.
The department can put up and take care of these signs if requested by the Department of Forestry and Fire Protection, or a local city or county, with all costs covered by the department.
Section § 101.10
This California law requires the transportation department to create memorial signs along state highways that say "Please Don’t Drink and Drive," followed by the victim's name who was killed in a vehicular accident due to impaired driving. These signs must adhere to specific placement rules and federal guidelines.
The law also details the process for requesting and installing these signs, including application procedures and guidelines, and sets conditions to ensure it is safe and practical to place them near the accident location. A person who was involved in such an accident and was either convicted of serious offenses like murder or gross vehicular manslaughter, or died, or was found mentally incompetent can be marked by the memorial signs.
Immediate family members can request a sign, and others may do so with written consent from the family. Fees are charged for the creation and maintenance of these signs, which are displayed for seven years or until they degrade. If any immediate family member opposes the sign, it will not be placed.
Section § 101.11
This section mandates that the California Department of Transportation put up signs and markers to recognize the Byzantine-Latino Quarter in Los Angeles along Interstate 10. The signs will be installed once they receive enough donations from outside state sources to cover the costs. Local efforts can also help support this initiative.
Section § 101.12
This law allows the Department of Transportation to place signs on state highways that direct motorists to communities with culturally unique and historically significant names, provided certain conditions are met. The community should be widely recognized, located within three miles of the highway, and have local signs in place first. Also, local governments must pay for these signs without using state funds and pass a resolution to proceed with this action.
Section § 101.13
Section § 101.14
This law section involves rules about the kinds of messages that can be shown on electronic signs along California roads, known as changeable message signs. The Department has to update its policies to allow these signs to display safety messages, messages about transportation, and reminders from the Secretary of State about voter registration and voting in upcoming elections. However, these voting-related messages can only be shown just before and on voting days. The law also says that any of these specific messages about voting need federal approval to make sure they won’t reduce federal highway funds to the state. Priority is given to urgent messages like Amber Alerts or severe weather warnings over these voter reminders.
Section § 101.15
This law states that roundabouts are now officially considered as types of highway facilities where you can put up memorial or dedication signs, as outlined in the California traffic control manual.
Section § 101.18
This law requires the department to modify the California Manual on Uniform Traffic Control Devices to include extra signs for museums with at least 50,000 visitors a year. It doesn't matter if these museums are in urban or rural areas; they must be within five miles of the highway. These changes will be included in the next update or revision of the manual.
Section § 101.19
This law directs the Department of Transportation to collaborate with Native American groups and local counties to put up signs along Route 210 in Los Angeles and San Bernardino. These signs will honor the historical and cultural significance of the tribes that are local to or have historical ties to this region. The department is to integrate these signs into its regular maintenance schedule. Additionally, the law encourages local counties to pass resolutions to promote public awareness of these signs and their meaning.
Section § 101.21
This law requires the Department to include options for additional signs in the next update of the California Manual on Uniform Traffic Control Devices. These signs are for state special schools located within five miles of a highway. It applies no matter if the school is in a city, a suburb, or the countryside.
Section § 102
This law allows the California department to use eminent domain to acquire property for state highways. If they use eminent domain, they must give the property owner copies of all property appraisals they've done or obtained quickly. If the appraisals are first given to the property owner by an appraiser, the appraiser must also provide those to the department.
Section § 103
This law outlines guidelines for a series of transportation projects called the North Coast Corridor Project in San Diego, involving highways, rail, and other multimodal options like bike lanes and pedestrian paths. The plan emphasizes coordination between various government bodies and stakeholders and requires approval by the California Coastal Commission. It focuses on minimizing environmental impact and ensuring project consistency with existing regulations, specifically within coastal zones.
The project includes adding managed lanes to a section of Highway 5 with provisions for high-occupancy vehicles and potential toll-paying single-occupant vehicles. A 'Public Works Plan' is mandated for reviewing and mitigating environmental effects, and elements such as coastal access and habitat conservation are prioritized. SANDAG is responsible for specific rail improvements and must allocate funds for environmental conservation as part of these projects.
The law also mandates public hearings for stakeholder engagement and relies on collaboration among local, state, and federal agencies. It defines roles and processes for obtaining necessary permits and ensuring that development phases are consistent with local and regional goals while maintaining a balance of transportation options.
Section § 103.5
This law states that the department in California can acquire land, including park property, through eminent domain or other means if it's necessary for building or expanding state highways. However, this is subject to certain legal procedures outlined in other sections of the law and requires a resolution by the commission declaring the property needed.
Section § 103.65
This law outlines that California's transportation department should have a fair chance to acquire properties needed for highway projects. If they pinpoint a piece of private property that might be needed for a highway within the next seven years, or if it's in a corridor undergoing a special study, they must inform the local city's or county's planning department. When these local authorities consider development proposals for such properties, they have to discuss the related highway project status with the department.
A 'special study' refers to a highway study approved by state authorities either before July 1, 1989, or as per a specific government code after that time.
Section § 104
The department has the authority to acquire property for various state highway-related purposes. This includes rights-of-way, property for exchange, and areas for extracting materials like rock and gravel. Other uses are for offices, storage, drainage, and nonmotorized transportation facilities. They can also acquire land for parks, tree support, and maintaining clear highway views for safety. Additionally, property may be acquired for environmental mitigation, ensuring that developments comply with state or federal environmental laws. Any such properties need approval if held by another government entity, ensuring they prioritize natural resource protection.
Section § 104.1
This law allows a department to set up funding or make agreements to ensure environmental properties are cared for, in line with any required permits or laws. A governmental body dedicated to conservation will manage this property. They need to pass a due diligence check. The rules, however, must align with federal guidelines when necessary.
This specific law is set to expire on December 31, 2033, but any agreements or endowments made before then will continue to be valid even after that date.
Section § 104.2
This law says that if someone donates or sells property to the state for highway use at a discount, they can keep the right to develop that property. However, any development plans must be approved by the state department. The state can also impose conditions to ensure highway safety.
Section § 104.3
This section establishes the Reconnecting Communities: Highways to Boulevards Pilot Program in California. It provides competitive grants for converting underused state highways into corridors that serve underserved communities.
The program aims to improve community connections, access to opportunities, health, and equity by funding projects that remove or alter transportation barriers. Applicants like nonprofits, local agencies, and tribal governments can apply for planning or implementation grants.
Eligible projects include converting highways into multimodal streets, enhancing connectivity without conversion, or related planning activities. Up to 25% of funds are reserved for planning, with the rest for implementation.
Applicants must show projects benefit underserved communities and align with federal initiatives. The guidelines developed by the department will include criteria for project selection and performance metrics.
Section § 104.4
If someone is being asked to leave a national park or forest because a state highway is being built there, the state has to buy or legally take any buildings or improvements that person built on the land.
Section § 104.5
This law allows the director to handle the sale or exchange of state-owned real estate. The director can include specific terms in the deed that are considered beneficial to public interest. Older laws about state lands, especially those concerning mineral rights, don’t apply to lands acquired or sold by the state under this law, unless the Legislature says otherwise. For any buyer who purchases this property in good faith, it's assumed that the state and director acted properly in their authority to sell or transfer the property.
Section § 104.6
This section gives the state the power to buy property for future highway projects and requires any buildings on such land to meet local building standards. It allows the state to lease out land that's not needed for highways right now and use the rental income to support the State Highway Account, with 24% of that income allocated according to specific rules. If someone overpays rent or pays twice, the state can refund the extra money. Additionally, any old references to the Highway Properties Rental Fund should be understood as referring to the State Highway Account.
Section § 104.7
This law explains that when a city, county, or special district requests, the department must provide information on and lease empty land meant for future highways to them. This land can primarily be used for agricultural or community gardens and secondarily for recreational purposes. The lease cost is $1 per year, for at least one year, and can be renewed. If the local authority wants to sublease the land for these uses, they need to notify the department, which has ten working days to disapprove if necessary. The local authority can charge rent sufficient to recover administrative costs, and any remaining money must go to the State Highway Account. However, property suitable for commercial, industrial, or residential use is exempt from this rule. The law emphasizes that leasing the land serves a public purpose.
Section § 104.8
This law allows the department to keep records of deeds and other documents that prove ownership or interest in real estate they acquire. It also authorizes any state officer or department holding these documents to transfer them to the department. Additionally, the department can provide certified copies of these documents to anyone who requests them and is willing to pay for the preparation costs.
Section § 104.9
This law states that when the department acquires property for highway-related purposes, they don't have to record the property's deeds or titles with the Secretary of State.
Section § 104.10
This section requires the Department of Transportation to pay rent from properties they manage to counties by November 1st each year. The department must inform the Department of Finance and the counties about these payments.
The county auditor will then distribute the rental payments to various taxing agencies, revenue districts, and other local jurisdictions, with half going specifically to cities where the properties are located.
The funds received must be used for specific transportation-related purposes as outlined in the California Constitution.
Section § 104.11
This law allows the department to lease property it owns in a specific area of Los Angeles for up to 99 years, provided it doesn't interfere with its activities or conflict with local zoning laws. The lease can be with public agencies or private entities and may include shared use with the department. Each lease needs approval from the commission and should have specific terms set by the department.
Lease revenues are to be deposited in the State Highway Account. Additionally, the department will handle tax payments related to tenants' interests as outlined in a separate section.
Section § 104.12
California's Department of Transportation is allowed to lease areas above or below state highways to public agencies or private entities for up to 99 years, as long as it's safe and complies with local zoning laws. Emergency vehicles on active duty can use these leased areas for free. Before leasing, the department checks for zoning conflicts and follows competitive bidding rules unless it unanimously decides otherwise is better for the state.
The money from these leases goes into the State Highway Account. If the land was donated or sold for less than its value for highway use, the lease profits might be shared with the donor, unless they no longer exist, in which case the funds go to the county.
Additionally, if there's enough space within federally-funded highway areas, the department may allow public entities to use it for transit projects, potentially without charge, to ensure highway safety and neighboring land use are protected. When planning new highways, the department should also consider the potential for leasing these spaces in the future.
Section § 104.13
This law requires the department to handle the payment of possessory interest taxes for properties it leases out that are meant for future state highway needs or were originally acquired for that purpose but are no longer needed. Each year, the department must provide a county assessor with a list of such properties, and the assessor sends the tax bill directly to the department. The payments from the department to counties are considered full or partial payment for these taxes. Leases must state that the department covers these taxes, which is reflected in the rent prices. The payment covers either all or part of the tax due, and any shortfall is promptly paid by the department.
Section § 104.15
This law allows the department to lease land acquired for highway or public work projects to local agencies for use as parks. The conditions for these leases include that the land must be developed and maintained as a park, with the understanding that if the land is needed again for highway purposes or stops being used as a park, the lease will end. This provides a way to manage land in a way that preserves the area surrounding public projects while still allowing for public use.
Section § 104.16
This law allows the City and County of San Francisco the first chance to lease space under freeways or highway-acquired land for shelters, feeding programs, or open spaces like parks. Shelters and feeding programs can lease the land for just $1 per month. For up to 10 parcels designated for parks or recreation, the lease cost is 30% of the fair market value and must be in a priority development area. An extra fee of up to $500 a year may be charged to cover administrative costs, unless a higher fee is needed. Lessees must handle all infrastructure and maintenance costs and can generate income, like from parking, to cover these costs. If they make extra revenue from such activities, at least half of it goes to the state. The law aims to support public purposes and requires compliance with all health and safety standards. 'Priority development area' refers to regions planned for sustainable growth.
Section § 104.17
This law allows the leasing of certain airspace for emergency shelters or feeding programs to cities, counties, or other agencies at a very low cost of one dollar per month. The lease is for specific areas in San Joaquin and Santa Barbara Counties. Any construction there has to meet specific building standards for emergency housing. A small administrative fee for managing the lease is capped at $500 per year, unless more is needed. Leasing this airspace is considered a public good, and existing leases in these areas might be rescinded if needed. Specifically, leases at the Route 4 and Route 5 interchange in San Joaquin County can be renewed if the City of Stockton requests.
Section § 104.18
This law allows the state to lease a specific piece of land in San Diego to city, county, or other government entities, or state agencies. The land can be used for emergency shelter, feeding programs, or child day care centers. The lease costs just $1 per month, but can be paid annually to cut down on administrative work. There's also an added administrative fee of up to $500 a year, unless the department decides it needs to be higher to cover costs. The law emphasizes that this lease serves a public purpose.
Section § 104.19
This law states that certain excess property owned by the department, which is currently leased to the Century Housing Corporation, will continue to be leased to them until June 30, 2028, at the current rent rate. This property is used for job training and placement programs.
The property, described as consisting of about 1.3 acres and referred to as parcels 6160, 6166, 6167, and 6168, is located near Lennox Boulevard and State Highway 405 in an unincorporated area of Los Angeles County.
Section § 104.21
The law allows the department to lease airspace under the interchange of Route 4 and Sutter Street in San Joaquin County to a city, county, state agency, or other political subdivision. These leases are specifically for feeding program purposes. If there's no buyer for the property, it can be leased for one dollar per month. The lease can be paid in advance to lower administration costs.
Any lease must include an administrative fee, which cannot exceed $500 per year, unless more is needed. The lease has a public purpose, as declared by the Legislature. The City of Stockton can request renewals of up to 10 years per term, with a maximum of two additional renewals allowed.
This law became effective on July 1, 1999.
Section § 104.22
This law requires the California Department of Transportation to transfer a specific piece of property in San Diego, known as 2829 Juan Street, to the Department of Parks and Recreation. This property, formerly used for highway administration purposes, will become part of the state's park system.
Once transferred, the Department of Transportation will have no further responsibilities for the property, as all maintenance and control tasks will be handled by the Department of Parks and Recreation. The transfer must be completed within 90 days of the law's enactment, serving a public benefit.
Section § 104.23
This law declares a specific piece of state-owned property, known as the "Disney Lot" located in the coastal zone, as surplus property. This property, purchased with tax revenues, is to be transferred to the Department of Parks and Recreation for use as a state park, as required by the California Constitution.
The transfer is considered to serve a public purpose. The property's value for this transfer is set at the original purchase price, without any adjustment for inflation.
Section § 104.24
This law allows the City of Oakland, or a subdivision of the city, to lease airspace under freeways or property intended for highway use to create emergency shelters or feeding programs. The lease would be offered first to the city and would cost just $1 per month for up to 10 parcels. However, there is an administrative fee of up to $500 per year, which could be higher if needed. The lease is considered to support a public purpose.
Section § 104.25
The law allows the department to lease a specific property at 4747 Pacific Highway in San Diego for emergency shelters or feeding programs. The property can be leased to government agencies for just $1 per month, and payment can be made in advance to save on administrative costs. There's an additional administrative fee of up to $500 annually, which might be increased if necessary. The lease is declared to serve a public purpose.
Moreover, any structures built or modified for these purposes must meet specific safety standards as outlined in California's building codes or future guidelines for emergency housing.
Section § 104.26
This law allows certain airspaces under freeways or highway properties in Los Angeles and San Jose to be leased to the city or its political subdivisions for emergency shelters, feeding programs, or secure vehicle lot programs. These leases are offered at very low rates—in some cases as little as $1 per month—for a limited number of parcels.
In Los Angeles, the law covers up to 25 parcels, while in San Jose, it covers up to 10 parcels. Each lease also includes a small administrative fee, unless higher fees are required. Both cities can use these properties for public welfare purposes like housing or feeding the homeless.
The law specifically mandates that any vehicle stored in a secure vehicle lot must be uninhabited, assessed for safe storage, and not contain hazardous materials, unless specified otherwise in an agreement with Los Angeles.
The law defines a "secure vehicle lot program" as a place to store vehicles for individuals receiving services aimed at alleviating homelessness.
Section § 104.30
This law allows the California Department of Transportation to lease airspace or land to local or state agencies for temporary emergency shelters or feeding programs, ensuring the space isn't connected directly to highways and doesn't host child care or playgrounds. Leases can be terminated by mutual agreement for new agreements, and the department decides which parcels are available. All constructions here must meet certain safety and building standards, and local authorities handle building code enforcement. Improvements must be temporary and not under transportation structures. The rent is $1 per month, but there's an annual fee covering administrative costs up to $15,000. Leases may be terminated if the land is needed back, with no relocation benefits. Lessees have responsibilities for site conditions including maintenance and security. The lease serves public interest and is considered fairly priced. Lastly, this law will be repealed on January 1, 2029.
Section § 105
This law allows the California Department of Transportation to create and maintain stock trails, which are paths for moving livestock, alongside state highways. They can also keep using parts of an old highway as stock trails if a new highway path replaces it.
The department can designate highways given to counties as stock trails, and once such a designation is made, the county cannot abandon these trails without written permission from the department.
Signs must be posted on these trails to inform people to drive livestock there. If someone drives untethered livestock on a state highway instead of these trails, they commit a misdemeanor and must pay for any damages caused to the highway.
Section § 106
This law allows the state's transportation department to collaborate with others when building, reconstructing, replacing, or acquiring bridges for state highway purposes. Specifically, they can construct new bridges, reconstruct privately-owned ones used by the public, or acquire existing bridges if doing so alone would be too costly for the state.
Section § 107
This law section allows agreements for building or reconstructing bridges. It permits someone to construct a new bridge or work with a bridge owner to rebuild or replace an existing one. After construction, the bridge can be used by both the public and the person or owner involved.
Section § 108
This law section allows agreements to be made for handling the costs and responsibilities of building or fixing bridges between the State and other owners or individuals. It can include sharing expenses, having the State take over property and costs, or details on how the bridge can be used by both owners and the public once the work is complete. It also covers any other essential terms to make sections 106 and 107 work effectively.
Section § 109
This section states that any bridge built or improved with specific guidelines becomes a part of the State highway system, with ownership belonging to the State. Additionally, funds typically used for building or maintaining bridges in these locations are still available if a cooperative agreement is in place.
Section § 109.5
This section allows California's highway department to make agreements with the federal government when building or relocating a state highway or bridge because of a federal facility. This includes agreements for property exchanges or acquiring rights-of-way needed for highway purposes.
Section § 110
This law section explains that counties or cities in California are allowed to provide funds or property to the state for building, fixing, or maintaining certain bridges. It also says that the state can hand over control of these bridges to a county or city, which then manages them.
Section § 111
When a state highway naturally runs into or through a city, and there isn't a specific law detailing the highway's path within that city, the commission will decide the best route. They will choose a path either through or around the city, focusing on what benefits highway traffic the most. The commission can also incorporate parts of city streets into the state highway system without paying the city.
Section § 111.5
This law talks about situations where city streets or county highways run parallel to state highways. If both are set as one-way in opposite directions and the state highway isn't sufficient for traffic needs, the state can take over the city or county road as part of the state highway system without paying for it. They can also make changes to connect and improve traffic flow.
Once a local road becomes part of the state highway system and is marked one-way, local authorities can't change its one-way status without state approval, unless there's a prior agreement allowing such changes. If a road loses its one-way designation with state consent, it automatically goes back to being a local road.
Section § 112
This section allows a city's government to work with the state to set or change the grading (the elevation and slope) of a state highway within city limits, treating it like a city street for these purposes. The city can use its own funds to help pay for these changes, including claims. However, the state department still retains the authority, with proper approval, to handle these proceedings as detailed in another part of the code.
Section § 113
This section allows a city, upon a request from the department, to purchase any property within the city limits that is needed for state highway projects. The ownership of this property can either be in the name of the State or the city itself.
A city can also support the construction, improvement, or maintenance of state highways in its area by using city funds to help cover the costs. This means a city can financially contribute to highway-related expenses using its own budget allocated for city streets.
Section § 113.5
This California law allows a city or county to team up with the state's transportation department to pay for building or upgrading a part of a state highway in their area. The highway project should be part of the state's transportation improvement plan. Once the project is done, the state department will take charge of running and maintaining the highway section.
Section § 114
This section of the law explains that when funds are set aside for work on a state highway in a city or county, the department responsible for highways can work together with local government or other public entities. They can agree on how to carry out the work and share costs. Additionally, if the local government or public entity has qualified staff, the department must work with them on planning and technical services for the project.
Section § 114.5
This law states that the department can't charge counties that have their own sales tax measures for transportation projects more than 10% for administrative indirect costs. However, these counties are still responsible for paying for functional overhead costs.
Section § 115
This law states that any work done under sections 111, 113, and 114 must be completed in a way that satisfies and gets approval from the department in charge.
Section § 116
This law allows the department to give a city or county some of its responsibilities and authority over state highways that are within that city or county. However, the department can't give away its power to approve things, and it can take back its delegation anytime.
Section § 117
This law states that when the state department acquires ownership or control of a right-of-way for state highway purposes, they also get the authority to permit various utilities and infrastructure. These permissions can cover things like telegraph, telephone, advanced communication or information services, electrical lines, and any underground structures such as pipes and drains unless the original property document says otherwise.
Section § 118
If the state of California has real estate originally bought for highways that it's no longer using, the state can sell, exchange, or lease it. Generally, these sales or contracts can last up to 10 years, with buyers having to pay at least 30% upfront.
However, if the property is used for low or moderate-income housing, these contracts can run for 40 years, with a minimum 5% down payment. These sales should have an interest rate based on recent state investments unless financing from other sources is available.
For properties sold to local public agencies and then transferred to non-profit housing organizations, the local government must ensure the housing remains affordable for at least 15 years. These affordability requirements are legally recorded and stay with the property.
Sales must be approved by the state commission, and any money earned goes back into the state treasury for highway funding.
Section § 118.1
This law says that if the state acquires commercial real property for a highway but doesn't use it for that purpose, they must give the current tenant a chance to buy it first if they've spent over $5,000 on improvements. This is only for tenants who were renting from the state and have been living there. The state needs to get at least two property appraisals to find out its market value.
If the state fails to offer the property to the tenant first, any sale to someone who didn't know about this rule will still be valid. However, this doesn't excuse the state's responsibility to give the tenant the first opportunity to buy.
Section § 118.5
If the state acquires a piece of property through eminent domain for certain purposes and later decides it doesn't need it anymore, the property can't be sold to the public unless the state pays the county the equivalent of what property taxes would have been. If any payments were already made related to this property under another rule, that amount is subtracted from what the state owes.
The money the county gets must be used for specific transportation-related purposes as outlined in the California Constitution.
Section § 118.6
This law section explains how the California department should handle excess real property, which is property outside highway boundaries that's not needed for public use. The department aims to sell or trade this property within a year of it being declared excess. Rules will determine what property qualifies.
Excess properties with significant environmental value, such as those with scenic beauty or near waterways, should first be offered to local public park and recreation agencies within specified areas. These agencies have 60 days to express interest after notification. If a price isn't agreed upon in that time, the property can be sold normally.
Even if the department doesn't initially offer valuable environmental lands to appropriate public agencies, the sale to any buyer who isn't aware of this lapse remains valid, but the department is still responsible for following the correct process.
Section § 118.7
This law allows the transfer of environmental mitigation property in Huntington Beach to either a public agency or a nonprofit group, as long as they qualify under certain conditions. The property must be used to offset environmental impacts from state highway projects and preserved as a natural habitat. The transfer can include funding for future maintenance, but only happens once, and the details must be reported to the Legislature in advance.
The recipient of this property must take on the responsibility to maintain it and cannot sell, reassign, or misuse it without approval. If they fail to care for the property or disappear, it reverts back to the department, returning any unused funds too. Ownership deeds will state the land must strictly be used for environmental purposes and will be recorded at the county office.
Additionally, the property can’t be split or used to facilitate development elsewhere.
Section § 118.8
This law details the creation of a Terminus Regional Planning Task Force in the Los Angeles area, particularly around the State Route 710 Terminus. The task force includes representatives from Alhambra, Los Angeles, the county, a university, a transportation authority, businesses, and local organizations. Its objectives are to engage the community and discuss traffic, land use, and development, such as affordable housing and parks.
The task force must submit a report by December 1, 2025, on the status of projects and land use around the terminus area. This includes details on the Alhambra 710 Arterial Project. The group will dissolve once its duties are completed, and is limited until January 1, 2027. The task force cannot limit local jurisdictions from carrying out their own projects.
Section § 118.9
This law deals with the transfer of a specific state-owned property known as Blues Beach, located in Mendocino County. The law allows the transfer of this property at no cost to a nonprofit organization formed by California Native American tribes, with the condition that the land remains a natural habitat and is used to protect Native American cultural resources.
The nonprofit must manage the property responsibly and cannot sell it, subdivide it, or use it for commercial purposes. Public access is allowed during daylight hours, but the nonprofit can limit access to protect cultural sites and allow certain cultural activities outside of these hours.
If the nonprofit fails to maintain the property as required, ownership will revert to the state. Lastly, the law emphasizes the importance of preserving vulnerable natural and cultural resources in this remote area.
Section § 119
If the State of California accidentally or mistakenly takes ownership of a piece of land or property for highway use, they can give it back to the rightful owners. However, this can only happen if the original payment or consideration given by the original owner is returned to the State or whoever initially paid it. The director of the department will handle this process of giving back the property.
Section § 120
This section allows the department, with approval from the Public Utilities Commission, to stop using and close parts of a state highway that cross over railroad tracks or rights of way.
Section § 121
This law requires that any state highway in California recognized by the federal government as an All-American Road by April 30, 2002, must be maintained and managed according to specific design standards. These standards focus on aesthetics and safety, as outlined in the corridor management plan provided to the Federal Highway Administration.
Section § 122
This law explains that when a highway inside a State park is managed by the park authority, the state highway department can work on it, like building or fixing it. However, if the highway is not a state highway, the park authority needs to approve any such work before it happens.
Section § 123
This law states that even if a part of a State highway runs through a State park, it doesn’t change the highway department's control over that highway. The department keeps full authority over the highway regardless of its location.
Section § 123.5
This law requires the relevant department to put up and maintain signs on state highways that guide drivers to each of the 21 California Missions originally set up by the Franciscan Fathers. These signs should be located at the nearest highway intersections or freeway exits to these missions.
Section § 124
This law lets the department close or limit access to state highways. They can do this to keep people safe or to prevent damage to the roads, especially during bad weather or when work is being done on the road.
Section § 124.1
This law involves a safety study by the transportation department, which, if it finds a significant safety risk from truck traffic due to the Tecate border crossing affecting schoolbus operations, will take action to reduce those risks. Specifically, trucks could be banned from using certain parts of Route 94 during specific hours when school buses are active.
If someone drives on Route 94 during these restricted times, they commit a minor legal offense and will be fined according to the vehicle code.
Section § 125
This section explains what the state department can do if a state highway is closed or has restricted use. They can set up barriers to block the highway and put up signs to warn people about the road's condition. Traffic direction signs can be posted to guide drivers, and warning devices may be placed on the road. A flagman may also be assigned to help direct, warn, or detour traffic in these situations.
Section § 126
This law allows the department to purchase environmental mitigation credits without following standard advertising and bidding procedures if required by a state or federal agency. The department can also use an alternative method to buy these credits to meet its responsibilities for protecting natural resources. Additionally, they can form agreements with various entities to manage and invest in environmental mitigation properties. The law includes specific definitions for terms like 'mitigation bank' and 'in-lieu fee program.' It is effective until December 31, 2033, but agreements made before that will continue to be valid.
Section § 126.1
This law allows the department to make agreements with different entities—like governments or non-profits—to lessen environmental harm from transportation projects. They can provide funding for these efforts, which might include taking care of certain lands or planning ahead for environmental protection. The law is valid until December 31, 2033, but any agreements made before then will still be good after that date.
Section § 126.2
This California law section discusses agreements related to natural resource protection or conservation between the department and various entities. These agreements must follow specific governmental procedures unless they conflict with federal law. It states that, wherever possible, a governmental entity involved should focus primarily on protecting or conserving natural resources and must go through an approval process. This law will be repealed on December 31, 2033, but agreements made under it before that date will continue to be valid.
Section § 126.3
This law requires that by July 1, 2025, and annually until July 1, 2033, a department must submit a written report to legislative committees. This report should detail their environmental mitigation program, including information about endowments, properties involved, agreements made, and any recommendations for overcoming implementation challenges. If any of the information overlaps with another report, just referencing that report is sufficient. This reporting requirement will expire on December 31, 2033.
Section § 127
This law section states that the California Highway Patrol (CHP) must work with the relevant department to enforce any closures or usage restrictions on State highways.
Section § 128
This law requires the department to keep a file of final construction plans and right-of-way maps for state highway projects in each district office. These plans and maps can also be filed with the county recorder where the highway is located, and the county must accept them without charging a fee. No special certificate is needed except for the departmental approval.
Maps filed with the county recorder must be durable and fit certain size requirements: each sheet should be 22 by 36 inches with a one-inch margin on all sides, except for a two-inch margin on the left. In counties that use microfilm, such plans and maps can be microfilmed instead of being physically filed.
Section § 129
This law requires county recorders to organize state highway plans, maps, or drawings in special map books supplied by the department. These books are labeled with a unique 'State Highway Map Book' number and the county name. Each plan, map, or drawing must be filed in the order received, numbered accordingly, and listed in a separate index that shows the number and filing date.
Section § 130
This section allows the California Department of Transportation and local governments—like counties, cities, or highway districts—to agree on how to share the costs of acquiring, building, improving, or maintaining state highways. The contract can include details about how funds are advanced, acquiring property needed for the highway, and who will perform the work.
Additionally, funds initially allocated for local roads can be redirected to state highways within a city or county if the local government agrees through a formal resolution.
Section § 130.1
Section § 130.2
This law explains that once a state highway project is declared complete, the State of California takes back control of that highway and becomes responsible for its ongoing maintenance and care.
Section § 130.5
This law allows the state department to make agreements with federal authorities managing National monuments. These agreements can decide how to split costs related to building, improving, or maintaining State highways within these monuments. The agreement can also allow the Federal authority to handle all these tasks. However, any contract must ensure that the public retains the right to use the highway as allowed by law.
Section § 131
This section allows the state department to assist local governments like counties and cities with highway-related projects. They can help in setting up drainage systems, advising on construction and maintenance, and preparing necessary plans. They can also act as consulting engineers and accept payments from these local governments for highway work.
The department may also receive funds specifically for highway projects from local bonds or taxes, which are used according to agreed plans. Counties can authorize payments from their allocated motor vehicle tax funds directly to the department for highway work.
The department is allowed to accept payment for engineering services and can advance state funds for emergency highway repairs after a disaster if the governor has declared an emergency. The local agencies must agree to pay back these funds, including a small amount for administrative costs.
Section § 131.1
This law allows a service authority to request the installation, operation, and maintenance of call boxes on freeways within a county. If the authority has added extra fees under a specific section of the Vehicle Code, they can make a contract with the department to set up these call boxes. However, the service authority must pay back the department for any costs involved.
Section § 131.5
This law allows the state department and county park commissions in California to work together on projects like grading, developing, planting, and maintaining roadside areas along state highways. They can make agreements to share the costs, with the department being paid back for its expenses. Counties can also put up signs for roadside parks. However, it's against the law to park a house trailer in these roadside parks, and doing so is considered a misdemeanor.
Section § 132
This law section allows a department to ask the applicant to cover some or all of the costs associated with cooperation under certain circumstances defined in another section (131). Additionally, any costs incurred while fulfilling the responsibilities of this section are considered part of the department's administrative expenses.
Section § 133
This law encourages the Department of Transportation to work with other public agencies, like the Department of Parks and Recreation, to make it easier for bicycles and pedestrians to reach parks that are near or connected to state highways. The focus is on forming partnerships that are practical and cost-effective.
Section § 134
This law says that when a city wants to spend certain funds for projects that aren’t related to state highways, the city’s governing body can apply to a department to help them acquire property or interests in property needed for those projects.
Section § 134.5
This law allows the state to acquire real estate or interests in real property on behalf of a local government if changing or improving a state highway affects local streets, highways, or public facilities. It clarifies that the state is not responsible for liabilities it wouldn't naturally have.
Section § 135
This law allows the department to make contracts for moving or removing any buildings or improvements located on land that's being acquired for state highway use. It also makes clear that this section doesn't limit the department's authority to make other agreements related to property as stated in another legal section.
Section § 135.3
This law is about helping low-income people who need to move because of new state highway projects in areas with low property values. It aims to give these people decent and safe housing similar to their old homes by coordinating with a program already in place. The program prefers to use existing homes or fix up ones that are already there before building new ones.
Specifically, this law focuses on a project for State Highway Route 105 in Los Angeles County, encouraging local community involvement and providing job training to reduce unemployment. It allows some flexibility in contracting by not requiring competitive bidding, which is usually standard, to better involve the community. However, this no-bid approach is unique to this project and not meant to set a new standard.
Section § 135.4
This section defines several terms related to housing and relocation assistance for low-income individuals in certain areas affected by state highway projects. 'Low-income individuals and families' are defined as those who can't financially afford new housing. An 'economically depressed area' is a location identified as having three main issues: the prevalence of low-income housing, a lack of available alternative housing nearby, and inadequate relocation assistance. 'Replacement housing' refers to housing options that are similar in function, safe, sanitary, and suitable for low-income individuals and families.
Section § 135.5
This section focuses on relocation assistance for low-income individuals and families displaced by state highway projects in economically depressed areas. 'Relocation assistance' helps these families secure new homes by exchanging their current property for replacement housing, keeping them in a similar economic situation as before. The Department of Transportation can provide this support and is allowed to create rules and regulations to manage how this assistance is applied. These rules will cover methods for placing families in new homes, determining their financial need and former economic status, and the process of property exchange needed for state highway purposes.
Section § 135.6
This law allows the department to buy land or property that isn't currently being lived in to create new housing for low-income people who have been forced to move because of state highway projects. This acquisition should not use condemnation, which means taking property against the owner's will. The goal is to ensure displaced residents can live in decent, safe, and clean homes.
Section § 135.7
This law allows the department to partner with public agencies, private individuals, and companies to handle different aspects like financing and building replacement housing. When properties are needed for state highway projects and people are displaced, low-income families get first dibs to buy or rent these new homes.
Section § 136
This law allows the department responsible for state highways to make contracts to lease or rent tools and equipment needed for highway projects.
Section § 136.1
This law allows the department to make contracts for repairing state highways when sudden events like storms or earthquakes cause major damage. These contracts can be made before any damage happens to ensure contractors are ready. The work covers construction, demolition, debris removal, and traffic management, and it's treated as a public works project for funding.
Section § 136.5
This law section explains how certain contracts in Sections 135, 136, and 136.1 are handled with respect to bidding and bond requirements. These contracts don't follow the usual State Contract Act rules. If a contract is over $2,500, it must go to the lowest responsible bidder after a competitive bidding process, unless it's emergency work. Announcements for bids can be posted locally for five days, and payment bonds are needed unless it's an emergency. For emergency work, like in cases of landslides or floods, equipment can be rented for up to 60 days without bidding. Contractors can start work without having a bond filed right away, but they must file it before getting paid.
Section § 136.6
This law allows the department to make contracts up to $25,000 for renting heavy equipment used in maintaining state highways without needing to follow certain state contract procedures. However, if the contract exceeds $25,000, the regular procedures apply. The rule specifically includes different types of machinery like bulldozers and forklifts, along with their operators, as part of the rent. Emergency work and new highway construction are not covered by this provision.
Section § 137
This law explains that the department in charge of highways is responsible for deciding what type of highway work needs to be done and to what standard. It also handles the planning and approval of all the designs and cost estimates for the work.
Section § 137.6
This law requires that the design, drafting of specifications, and inspection of state highway structures must be handled by civil engineers who have a valid license. This also applies to the approval and inspection of temporary structures made by contractors while building highways.
Section § 138
This law allows the highway department to hire a lawyer and any needed assistant attorneys to provide legal advice on highway issues. A highway-related contract that the department awards won't be valid for the state unless it has written approval from the Attorney General or the hired attorney.
Section § 139
This law allows the director or the Chief Engineer of the department to ask for verbal or written reports from any of their staff about state highway issues they are working on. If any staff member intentionally provides a false report, they can be charged with a felony, which is a very serious crime.
Section § 140
This law allows the department to set up shops where they can build, fix, and service their equipment. They can also help other state departments by providing the necessary parts and labor to work on their equipment. When they do this, the other departments have to pay the costs, including any additional fees.
Section § 140.3
As of June 30, 2006, the Equipment Service Fund in California was discontinued, and all its money was moved to the State Highway Account, which is part of the State Transportation Fund. Any debts or financial obligations the Equipment Service Fund had at that time are now to be paid from the State Highway Account.
Section § 140.5
This law allows the department to take any action needed to collect money owed to the state from its activities. This includes filing lawsuits if necessary. The department can also choose to settle claims, whether through the courts or outside of them.
Section § 141
This law allows the department in charge of state highways to take several actions aimed at improving road systems in California. They can investigate and use the best methods for building and maintaining highways, compile data about roads in different areas, and decide which construction techniques work best in various parts of the state through experiments.
They can also request information from any local or state officials at no cost, join national and longstanding organizations to exchange ideas about road management, and send staff to other states if necessary and approved.
Section § 142
Any costs that arise from fulfilling the goals outlined in section 141 are considered administrative expenses of the department in charge.
Section § 143
This law details how transportation projects in California can be designed, constructed, and operated through lease agreements between public or private entities and regional transportation agencies. It defines terms such as 'best value' and 'design-build' and outlines the roles of the Public Infrastructure Advisory Commission in advising on infrastructure partnerships. It describes the process for selecting projects, including public hearings and legislative review, and sets requirements for project objectives like improving mobility and air quality.
The law specifies that lease agreements will authorize entities to collect tolls to cover costs and provide for reversion of facilities to public agencies. It mandates compliance with the department’s standards and includes requirements for contractor qualifications, such as having prior experience and necessary licenses. Additionally, lease agreements won't infringe on public agencies’ authority to maintain transportation projects. Finally, no new agreements can be entered into after January 1, 2017.
Section § 143.1
This law outlines specific conditions for operating and collecting tolls on State Highway Route 125, a toll road in San Diego County. The toll road can charge tolls for up to 45 years if the private entity and relevant local governments agree to amend the existing franchise agreement by January 2010. If agreed, toll revenue can reimburse project costs and cover operational expenses. Any extra toll revenue should pay off project debts or benefit the San Diego region.
If no extension agreement is reached, the Department of Transportation or SANDAG can manage the toll road for up to 10 additional years, using tolls to repay project costs. Even after the original or extended agreement expires, toll collection can continue with a two-thirds vote by the SANDAG board, with funds improving SR 125 infrastructure and services.
Section § 143.2
This California statute lays out guidelines for creating agreements with private rail companies to build wildlife crossings along Interstate 15. The law defines key terms such as 'authorized agreement,' 'eligible facility,' and 'rail entity.' It mandates the construction of three wildlife crossings as part of any intercity rail project along a specified section of I-15. The California Department of Transportation (Caltrans) can enter into agreements to share costs and responsibilities with rail companies, ensuring the projects benefit the environment. The statute includes provisions for funding, risk management, and maintenance, and mandates regular progress reports to the Legislature. All actions must involve consultations with the Department of Fish and Wildlife. Agreements must be executed by January 1, 2025, and the department is required to seek federal grants to support these projects.
Section § 144
This law allows the department to create separate lanes or roadways on state highways to prevent accidents, using barriers or signals to keep traffic flowing safely in opposite directions or to manage cross traffic. It refers to another section for rules on driving on these divided highways.
Section § 144.5
This law states that when a state highway is divided at the point where it intersects with a city or county road, the local government must receive a 30-day notice before the division occurs. This ensures that local traffic is not suddenly interrupted without prior warning.
Section § 145
This law allows the department in charge of highways to build local service roads alongside state highways where there is a risk of accidents because of vehicles entering from the side. These service roads can be separated from the main road by curbs or other barriers.
Drivers are not allowed to enter the main highway directly from these service roads except through designated openings in these barriers. Violating this rule is considered a misdemeanor.
Section § 146
This California law allows public agencies responsible for transportation planning to use the space above or below state freeways in their region for public transit systems like railways or monorails. They need the commission's approval, and the project must meet engineering safety and environmental standards. Funding can come from federal, state, and local sources.
Section § 146.5
This law allows California's transportation department to build and manage parking facilities along highways to help reduce traffic congestion and enhance safety. These may include facilities with child care services if they are part of a plan to reduce traffic. The department can partner with other public agencies to fund these projects, and the costs and responsibilities will be agreed upon. In cities, any new parking facility costing $250,000 or more must be part of a regional transportation plan, and state funds are capped yearly at $2 million for such projects. For projects over $30,000, state money must match funds from federal or local sources. The Legislature wants to use empty parking lots for child care, without having the department run these facilities.
Section § 147
The director is responsible for restarting efforts in District 7 to create agreements allowing private parking lots to be used as park and ride facilities. This initiative is aimed at supporting public transportation routes, like the Metro Rapid Bus and the East-West Busway in the San Fernando Valley, to help reduce highway congestion.
The director must not use funds meant for other programs or cause the department to incur extra costs due to these agreements.
Section § 148
This law allows the department to build and maintain transit-related structures along state highways. These can include bus stops, benches, shelters, and traffic signals. Facilities costing $250,000 or more in city areas must be part of a regional transportation plan. Only up to $1,000,000 of state funds can be used annually for these constructions, and for projects costing $30,000 or more, the state funds must be matched with federal or local funds.
Section § 148.1
This law allows the Monterey-Salinas Transit District and the Santa Cruz Metropolitan Transit District to run a special program where only transit buses can use the shoulders of certain highways. This is to help with traffic congestion and will be done with safety in mind, needing the approval of state transportation and highway patrol authorities.
Guidelines for the program will be created with public input, and the bus districts will pay for any related costs, including shoulder repairs. The program can start once everyone agrees on the guidelines, and it applies to highways and freeways.
Section § 149
This law allows the department to create special lanes on state highways specifically for buses or high-occupancy vehicles like carpools, and to designate certain existing lanes for this purpose. Prior to building these lanes, the department must assess their impact on safety, traffic congestion, and overall highway capacity.
The department can use federal funds intended for these special lanes but is also permitted to use state highway funds if needed. This section is called the Carrell Act.
Section § 149.1
The law allows SANDAG to create and run a program on the I-15 expressway where solo drivers can use high-occupancy vehicle lanes during busy times by paying a fee, which SANDAG sets and collects.
SANDAG must work with the state to set performance standards to ensure efficient lane use without harming overall traffic flow.
Single drivers authorized by SANDAG can legally use these lanes, avoiding violations.
The program requires collaboration among SANDAG, the state, and law enforcement for road design, construction, and enforcing lane use rules.
Revenue from the fees should cover related agency costs and improve transit services in the I-15 corridor, like transit operations and infrastructure.
Section § 149.2
This law section requires the department responsible for transportation to report to the state legislature about whether it's practical and suitable to limit certain carpool lanes for only carpool and clean air vehicles during rush hours. This applies specifically to two highways in Riverside County, State Route 91 and State Route 60. They had to do this by January 1, 2020. "Eligible vehicles" are those that the State Air Resources Board says can have a Clean Air Vehicle decal.
The obligation to report stops being valid after January 1, 2024.
Section § 149.3
This law allows a department to build special lanes that are only for certain vehicles, like buses, by working together with other transit agencies or companies. These lanes must meet specific standards for design, use, and scheduling. The law also allows these lanes to be powered by electricity or other energy sources if needed. Additionally, the agreement must include payment terms if required by other laws or deemed necessary.
Section § 149.4
The San Diego Association of Governments (SANDAG) can run a program allowing single-occupant cars to use carpool lanes for a fee on two highway routes in San Diego County. SANDAG will set fee amounts and is responsible for the program's management along with the state department.
SANDAG must keep high-occupancy vehicles moving smoothly in these lanes without disrupting other traffic. Single drivers can use these lanes with special permits and won't face penalties for doing so. Cooperation with state agencies, including the Highway Patrol, is required for enforcement and managing duties.
Revenue from this program will go to running the program and improving local transportation. A small percentage goes to administrative costs. Any extra funds will go back into improving the corridors where they were collected. SANDAG can also issue bonds to cover program costs, supported by the program's revenue.
Within three years, SANDAG must report to the Legislature on the program's outcomes, like how it affects other traffic. This report should include insights from state agencies.
Section § 149.5
This law allows specific agencies in Alameda and Santa Clara counties to run a value pricing program for high-occupancy vehicle (HOV) lanes on certain parts of Interstate 680. It lets solo drivers use these lanes by paying a fee, turning them into High-Occupancy Toll (HOT) lanes during peak times. The goal is to manage traffic better while ensuring high service levels. Agencies must work with the Bay Area Toll Authority for toll collection and adhere to agreements with the Department of Transportation and California Highway Patrol to manage enforcement and revenue use. Revenue goes toward operational costs and future transportation projects. Bonds can be issued by the program’s agencies to fund improvements, backed only by program revenues, not state funds. Finally, a report evaluating the program's effects is required three years after revenue collection begins.
Section § 149.6
This law allows the Santa Clara Valley Transportation Authority (VTA) to run a value pricing program, also known as tolling, on specific high-occupancy vehicle (HOV) lanes in Santa Clara and San Mateo counties. The program charges single drivers a fee to use these lanes during times they are usually reserved for high-occupancy vehicles, helping manage traffic. VTA will manage these tolls with other local authorities, and any extra money after covering costs must be spent on improving local transportation. VTA can also issue bonds to fund related projects.
Lastly, VTA is required to report on their program's impact on traffic to the legislature.
Section § 149.7
This law allows regional transportation agencies or the department to apply to create and manage toll facilities or high-occupancy toll lanes. The application must be reviewed and approved based on specific criteria, including public input and cooperation with relevant agencies. Toll facilities must improve traffic flow and be included in a regional plan, with a complete funding strategy and legality among requirements.
Once approved, agencies can set toll rates and manage revenues, which must cover costs related to facility development and operation, and retain a small percentage for administrative expenses. Revenue must be used within the toll's corridor. Bonds can finance toll facilities, with certain tax exemptions on interest. New toll facilities, including converted high-occupancy vehicle lanes, may require electronic tolling devices.
Agencies must consult local transportation authorities before applying and can issue bonds for funding. The law does not restrict competing facility construction, limit existing facilities' toll operations, or convert non-toll lanes, except possibly high-occupancy vehicle lanes to toll lanes.
Section § 149.8
This law section allows Riverside County Transportation Commission to operate high-occupancy toll (HOT) lanes on State Highway Route 15. They, along with the state department, are responsible for the design, construction, maintenance, and operation of these lanes and can charge tolls and fees for their use.
The toll revenue can be used for a variety of expenses, including construction costs, operations, maintenance, and possible enhancements to nearby transit services. If there are excess funds, they can be spent to improve traffic flow and transit options on Route 15.
The Commission is also allowed to issue bonds to finance these activities, which are payable from the toll revenues and other sources, but these bonds don't count as state debts.
They must provide a plan for these improvements and allow public input on toll schedules and updates annually. Importantly, the Commission isn’t entitled to compensation if any new competing facilities affect toll revenue.
Section § 149.9
This law allows the Los Angeles County Metropolitan Transportation Authority (LACMTA) to manage toll lanes, known as HOT lanes, on certain highways by charging single drivers or under-occupied vehicles to use lanes usually reserved for carpools. They work with the California Highway Patrol and state department to ensure smooth implementation, including setting fees and ensuring proper enforcement.
Revenue raised must support highway improvements and transit in the area, and some toll discounts are provided for low-income drivers. Reports on the program’s impact were required to be submitted to the Legislature, particularly addressing congestion reduction and the effect on low-income individuals.
LACMTA can finance this initiative through bond issuance, and they are not compensated if other projects lower toll revenue.
Section § 149.10
This statute allows SANDAG to run a program on State Highway Route 5 where single-occupant cars can use high-occupancy vehicle lanes for a fee during busy times. SANDAG sets the fee and ensures the lanes maintain a good level of service, usually Level C, but can go to Level D with a special agreement.
SANDAG works with the California Highway Patrol and other agencies to make sure the rules are followed and that the revenue goes to enhancing the highway and supporting transit services. Agreements define who does what and costs can be reimbursed. Most of the money earned supports transit improvements in the area.
Section § 149.11
The San Bernardino County Transportation Authority can set up a value-pricing program with tolls on parts of Interstate 10 and 15. This can include high-occupancy toll lanes to improve traffic flow, especially if it benefits the local areas. They can work together with Los Angeles and Riverside authorities to extend the program across county lines.
Before launching, they must confirm that traffic performance will improve and make this decision at a public meeting. The authority can charge tolls to cover costs like building, maintenance, and administration. Any excess money from tolls should go towards enhancing transportation in the area, like improving transit or reducing congestion.
The authority can collaborate with the Highway Patrol for enforcement and can issue bonds to finance the program, but must report on its progress and impact within three years of starting toll collection. They can't convert existing free lanes into toll lanes unless they're high-occupancy vehicle lanes.
Section § 149.12
This section establishes the "Highway Toll Account" within the State Transportation Fund to manage funds for toll facilities operated by the department. It ensures that money needed for paying off debt related to toll projects is always available without annual budget approval. Extra money from bond sales related to toll projects can only be spent if the state legislature says so, as guided by specific laws. Additionally, costs from issuing bonds will be covered by the bond proceeds themselves.
Section § 149.13
This section of the law allows the Santa Clara Valley Transportation Authority (VTA) to apply to operate certain facilities or programs on State Highways 101 and 280 in San Francisco, but only if the San Francisco County Transportation Authority (SFCTA) approves first. If the commission gives the green light, VTA must run the program with SFCTA's coordination. SFCTA will create the spending plan for the program with VTA and a department, and their board must approve it. Any extra revenue from the program should benefit the area where it was generated.
Section § 149.20
This law mandates that by January 1, 2026, a transit policy be created to guide the development of transit facilities and stops along state highways. This policy should be crafted with input from key stakeholders like transit operators and local governments. By January 1, 2027, state guidance must be established to define transit performance metrics and assign clear roles across various departmental areas to ensure smooth transit operations on highways. Additionally, by July 1, 2028, design guidelines for transit facilities must be adopted.
Section § 150
This law discusses California's approach to planning transportation infrastructures, specifically combining freeways with mass public transportation systems. When the Department of Transportation and rapid transit districts suggest placing public transit along a freeway corridor, the commission must consider this before deciding the freeway's location. If they decide to combine the two, they must evaluate traffic reduction and community impact. The construction costs for these joint facilities become part of the freeway’s construction budget. Additionally, they must ensure federal funding is available. If public transit isn't developed within five years of freeway completion, the state can repurpose or sell the land. The law also allows the creation of special bus lanes in cooperation with transit districts.
Section § 151
This law allows the department to set regulations for public safety about how express highways and related facilities can be used for loading or unloading passengers.
However, these regulations can't override existing vehicle laws or interfere with the Public Utilities Commission's power to regulate public passenger vehicles.
Section § 152
This law allows the state department to approve and assist in setting up emergency water hydrants near state freeways if there is access to a public water system. Local agencies are responsible for installing and maintaining these hydrants.
Section § 153
This law allows the department to install and maintain emergency telephones or other communication facilities on or near state freeways. They can do this alone or in cooperation with local agencies or other parties.
Section § 154
The department supports counties in building county highways as scenic routes and provides them with necessary information or help.
If a county highway meets specific standards, the department can allow it to be labeled as an official scenic highway and will include it in its maps and publications.
If a designated scenic highway falls short of standards, the department can revoke its scenic status after notifying the county and holding a hearing if requested.
Section § 154.1
This law explains that if the Los Angeles County meets certain standards for the Malibu Canyon-Las Virgenes Highway, the department can officially recognize this highway as a 'county scenic highway'. However, before this can happen, Los Angeles County must apply for this status and include a formal resolution stating their intention to have that portion of the highway recognized as scenic.
Section § 155
This law allows the department to accept money or property donations to create and maintain memorial sites next to state highways at locations of scenic, historical, or cultural significance. These sites are part of the scenic highway system and are intended for motorists to enjoy.
Any received donations are placed in a special fund used to establish these sites and are continuously available for this purpose. Signs at these memorial locations must indicate who is honored, unless the donor requests otherwise.
The department cannot use eminent domain to acquire property for these sites, meaning they can't forcibly take land. Moreover, they can't purchase real property for this purpose without the county's approval where the property is located.
Section § 155.5
This section allows the commission to use state highway funds to match the value of gifts received for highway purposes, as long as it is within constitutional limits and considered a highway-related purpose. These funds can also help maintain any property acquired through these gifts. The matched funds must be used together with the gift for its intended purpose.
Section § 155.6
This law allows the installation of pay-per-use binoculars or telescopes at the north end of the Golden Gate Bridge, as long as there are no conflicting federal laws. The money earned from these machines is given to the State Highway Account.
Section § 155.7
This law requires the Secretary of Transportation to create a Transportation Permitting Task Force by April 1, 2018, with various officials and representatives from related agencies. The task force aims to streamline transportation project permits by coordinating early involvement of all parties, setting deadlines, and clarifying approval requirements, thereby reducing processing times.
By December 1, 2019, a report must be submitted to California's legislative committees, evaluating the current permit process and resource usage, and suggesting improvements. This includes analyzing points where delays typically happen, and identifying any legislative or regulatory changes needed to enhance efficiency. The provision about the report becomes irrelevant after December 1, 2023.