Streets and Highways Code — Part 3 | SHC — United States — California law | Esheria

Streets and Highways Code

Part 3 of 23 · provisions 401–600

This section says the act is named the Streets and Highways Code.

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Before the commission approves certain highway projects, the submitting department or regional transportation planning agency must show that reversible lanes were considered. The department may do whatever is necessary to lay out, acquire, and construct parts of a state highway as a freeway, or convert an existing state highway into a freeway. The department generally may not acquire real property for a freeway through a city or county unincorporated area until the required agreement is executed, but there are gift and hardship/protective exceptions. It must give notice of any pre-agreement acquisition. Local officials may authorize certain right-of-way purchases before agreement approval. The city council or board of supervisors must hold a public hearing before entering into the agreement described in Section 100.2. The department may add freeway-related street or highway improvements to Section 100.2 agreements and may do that work as part of freeway construction.

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Provisions of Streets and Highways Code

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  1. 136.1.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may use major damage mitigation contracts for highway repair and operations after sudden, unforeseen events, and it may also arrange them in advance to keep contractors ready.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 136.1. The department may enter into major damage mitigation contracts to perform major damage repairs and operations on state highways when caused by sudden, unforeseen events such as storms, landslides, flooding, high surf, earthquakes or other geological action, or civil unrest. These contracts may be entered into prior to the onset of major damage in order to retain the contractor in readiness to respond to incidents as needed. Work performed under each contract shall be limited to physical construction, demolition, debris removal, and traffic control. The work shall be considered, for funding purposes, as a public works construction project. (Added by Stats. 2002, Ch. 239, Sec. 2. Effective January 1, 2003.)
  2. 136.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    Most covered contracts over $2,500 must go to the lowest responsible bidder after competitive bidding, unless the work is emergency work.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 136.5. (a) The contracts referred to in Sections 135, 136, and 136.1 are not subject to the State Contract Act (Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code). Except for emergency work of the type described in subdivision (b), whenever the estimated amount of a contract exceeds two thousand five hundred dollars ($2,500), it shall be awarded to the lowest responsible bidder, after competitive bidding on any reasonable notice that the department may prescribe. Posting of notice for five days in a public place in the district office within which the work is to be done, or the equipment used, is sufficient. Those contracts shall be subject to the applicable payment bond provisions of Chapter 5 (commencing with Section 9550) of Title 3 of Part 6 of Division 4 of the Civil Code. The department may require faithful performance bonds when considered necessary. The advertisement for each contract shall state whether or not a bond shall be required. (b) In cases of emergency work necessitated by the imminence or occurrence of a landslide, flood, storm damage, accident, or other casualty, tools or equipment may be rented for a period of not to exceed 60 days without competitive bidding, and the department may waive the requirements of Chapter 5 (commencing with Section 9550) of Title 3 of Part 6 of Division 4 of the Civil Code to the extent that a contractor may commence performance of the work under the contract for the rental of tools or equipment prior to filing a payment bond with the department. In that case, no payment shall be made to the contractor until a payment bond covering all work of the contract is filed with the department. (Amended by Stats. 2010, Ch. 697, Sec. 104. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  3. 136.6.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may contract for operated heavy highway equipment rentals or leases for state highway maintenance, but the contract amount changes the applicable procedure.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 136.6. (a) The department may enter into contracts not exceeding twenty-five thousand dollars ($25,000) for the leasing and renting of operated heavy highway equipment for state highway maintenance purposes, which contracts are not subject to the State Contract Act pursuant to subdivision (a) of Section 136.5, and the department is not required to comply with the procedures described in subdivision (a) of that section relative to those contracts. Contracts exceeding twenty-five thousand dollars ($25,000) for the leasing and renting of operated heavy highway equipment for state highway maintenance purposes shall be subject to the procedures described in subdivision (a) of Section 136.5. (b) For purposes of this section, “operated heavy highway equipment” shall mean bulldozers, grinders, loaders, pavers, oilers, rollers, excavators, truck tractors and trailers, fork lifts, personnel lifts, sweepers, and water tankers that include within the leasing or rental costs the cost of the qualified operator of the equipment. (c) This section shall not apply to contracts for the leasing or renting of operated heavy highway equipment for emergency work, which are governed by subdivision (b) of Section 136.5. This section shall not apply to the leasing or renting of operated heavy highway equipment to be utilized for new highway construction. (Added by Stats. 2008, Ch. 357, Sec. 1. Effective January 1, 2009.)
  4. 137.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department must determine the kind, quality, and extent of highway work under its control, and it may prepare and approve the related plans, specifications, and estimates.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 137. The department shall determine the kind, quality, and extent of all highway work done under its control, and may prepare and approve all plans, specifications, and estimates for all such work. (Enacted by Stats. 1935, Ch. 29.)
  5. 137.6.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    Civil engineers licensed under the Professional Engineers Act must handle the design, specification drafting, inspection, and approval of state highway structures, and also the approval and inspection of certain temporary structures tied to those projects.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 137.6. The design of, the drafting of specifications for, and the inspection and approval of state highway structures shall be by civil engineers licensed pursuant to the Professional Engineers Act (Chapter 7 (commencing with Section 6700), Division 3, Business and Professions Code). The approval of plans for, and the inspection and approval of, temporary structures erected by contractors in connection with the construction of state highway structures shall also be by such licensed civil engineers. (Added by Stats. 1973, Ch. 682.)
  6. 138.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may hire an attorney and needed assistants, and highway contracts are not binding on the State until written approval by the Attorney General or the department’s employed attorney.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 138. The department may employ an attorney at law and such assistant attorneys as are necessary, said attorney to act as the attorney and legal adviser of the department in all highway matters. No contract, relating to highways, awarded by the department shall be binding on the State until it is approved in writing by the Attorney General or by the attorney so employed. (Enacted by Stats. 1935, Ch. 29.)
  7. 139.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department’s director or Chief Engineer may require verbal or written reports from department officers, assistants, or employees about state highway matters they are working on.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 139. The director or the Chief Engineer of the department may require verbal or written reports from any officer, assistant, or employee of the department regarding state highway matters with which such officer, assistant, or employee is engaged. Any officer, assistant, or employee who knowingly renders a false report to the director or the Chief Engineer is guilty of a felony. (Amended by Stats. 1980, Ch. 777, Sec. 23.)
  8. 1390.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Joint Bridges [1390 - 1404] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    Bridges crossing a city-road district line or between cities may be constructed and maintained by the relevant city or cities, subject to section 1391.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Joint Bridges [1390 - 1404] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 1390. Any bridge crossing the line between a city and a road district may be constructed and maintained, as provided in section 1391, by the city and by the county from the road fund of the district into which such bridge extends. Any bridge crossing the line between cities may be constructed and maintained by such cities as provided in section 1391. (Enacted by Stats. 1935, Ch. 29.)
  9. 1391.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Joint Bridges [1390 - 1404] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    A city or county connected to a bridge covered by section 1390 may construct it, and the city or county may also pay toward its construction or maintenance from unappropriated treasury funds under local ordinance or resolution terms.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Joint Bridges [1390 - 1404] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 1391. Any bridge referred to in section 1390 may be constructed by contract, let as provided by law, by any city into which the bridge extends, or by the county into which such bridge extends or in which such bridge is located. Any such city or county may contribute toward the expense of the construction or maintenance of such bridge by the appropriation for such purpose of any money in its treasury not otherwise appropriated, upon such terms and conditions as are prescribed by ordinance or resolution of the governing body of such city. (Enacted by Stats. 1935, Ch. 29.)
  10. 1392.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Joint Bridges [1390 - 1404] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    If the payment split cannot otherwise be determined, bridge construction or maintenance costs must be shared equally by the city and the road fund, or by the cities reached by the bridge.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Joint Bridges [1390 - 1404] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 1392. If the proportion to be paid by any such city or county can not be otherwise determined, the expense of construction or maintenance of any such bridge shall be borne equally by the city and from the road fund of the road district into both of which the bridge reaches, or by the cities into which the bridge reaches. (Enacted by Stats. 1935, Ch. 29.)
  11. 1393.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Joint Bridges [1390 - 1404] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    Bond proceeds for a bridge may be used or contributed as allowed by sections 1391 and 1392.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Joint Bridges [1390 - 1404] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 1393. The proceeds of any bonds authorized by the voters of any such city or county for the acquisition, construction or completion of any such bridge, or any portion thereof, may be expended or contributed as provided in sections 1391 and 1392. (Enacted by Stats. 1935, Ch. 29.)
  12. 1394.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Joint Bridges [1390 - 1404] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    A county may join with a city in acquiring, building, or maintaining a bridge or viaduct, and the county and city must share the expense as their legislative bodies तयermine by resolution or ordinance.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Joint Bridges [1390 - 1404] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 1394. (a) Any county may join with any city located within such county in the acquisition, construction or maintenance of any bridge or viaduct within the county, whether such bridge or viaduct is or is to be located within or without any such city. (b) The expense of the acquisition, construction or maintenance of any such bridge or viaduct shall be borne by such county and such city in such proportion as the legislative bodies thereof determine by resolution or ordinance and may be paid out of any funds available for such purpose. (c) The authority and responsibility for the acquisition, construction or maintenance of any such bridge or viaduct shall vest in the county or in the city, or in both, as provided in the ordinances or resolutions apportioning the expense. (Enacted by Stats. 1935, Ch. 29.)
  13. 1395.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Joint Bridges [1390 - 1404] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    Counties must construct bridges that cross county lines, unless another rule specially provides otherwise, and each county must pay the agreed share of the bridge expense even if the bridge is within a city.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Joint Bridges [1390 - 1404] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 1395. Any bridge which crosses the line between counties, unless otherwise specially provided for, shall be constructed by the counties into which such bridge reaches. Each of the counties into which any such bridge reaches shall pay that portion of the expense of the bridge previously agreed upon by the boards of supervisors of such counties, even though such bridge reaches within the limits of a city. (Enacted by Stats. 1935, Ch. 29.)
  14. 1396.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Joint Bridges [1390 - 1404] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    County boards of supervisors may build free county bridges on county highways across navigable waters in the state.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Joint Bridges [1390 - 1404] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 1396. The boards of supervisors in their respective counties may erect free county bridges on county highways across navigable bodies of water in this State. (Enacted by Stats. 1935, Ch. 29.)
  15. 1397.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Joint Bridges [1390 - 1404] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    If a navigable body of water forms a county boundary, the county boards may agree to build a free county bridge; if they cannot agree, either county may build the bridge and keep control of it.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Joint Bridges [1390 - 1404] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 1397. If a navigable body of water is the boundary line between counties, the boards of such counties may join in the construction of a free county bridge upon the terms to which they agree. In the event of a failure to agree, either county may build a bridge and retain control thereof. (Enacted by Stats. 1935, Ch. 29.)
  16. 1398.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Joint Bridges [1390 - 1404] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    A county board of supervisors may decide a bridge is needed for public convenience, choose where it will be built, contract for its construction, and pay for it from the county general fund.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Joint Bridges [1390 - 1404] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 1398. The board of supervisors of any county may declare that it is necessary for the public convenience to construct a bridge across any body of water or swampland which lies in or extends into the county, and may prescribe the points between which such bridge will be built. Thereafter the board may let any contract to build the bridge, and pay for any such work out of the county general fund. (Enacted by Stats. 1935, Ch. 29.)
  17. 1399.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Joint Bridges [1390 - 1404] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    Two adjoining counties’ boards of supervisors may make agreements with a person to collaborate on the section 1400 purposes, if they find the listed bridge-related conditions exist.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Joint Bridges [1390 - 1404] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 1399. The boards of supervisors of two adjoining counties may enter into an agreement with any person with whom such boards desire to collaborate for the purposes specified in section 1400, if such boards find that any of the following circumstances exist: (a) That any bridge is necessary for highway purposes over any navigable body of water lying between such counties. (b) That any existing bridge over any navigable body of water lying between such counties, and used wholly or in part for highway purposes, whether owned by either county or both counties, or used by either or both by agreement with the owner of the bridge, requires, in the interest of commerce or because of lack of repair: (1) Reconstruction. (2) Replacement by a new structure. (3) Relocation at a place on such navigable body of water better suited to the use of the bridge or to the use of such navigable water. (Enacted by Stats. 1935, Ch. 29.)
  18. 14.

    ## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. )

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    In this section, “county” also means “city and county.”

    ## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. ) ## 14. “County” includes “city and county.” (Enacted by Stats. 1935, Ch. 29.)
  19. 140.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may run shops and buy supplies and labor for equipment work, and other state departments that receive those services must reimburse the department, including overhead.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 140. The department may establish and maintain shops for the construction, repair, and servicing of any equipment owned or used by the department. The department may purchase and supply such materials and parts, and furnish such labor, as is necessary in the construction, repair, and servicing of equipment for other state departments. The other state departments receiving them shall reimburse the department for the cost of such materials, parts, and labor, including overhead charges. (Amended by Stats. 1980, Ch. 777, Sec. 24.)
  20. 140.3.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The Equipment Service Fund is abolished, and its money must be transferred to the State Highway Account in the State Transportation Fund.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 140.3. Effective June 30, 2006, the Equipment Service Fund in the State Treasury is abolished and all moneys in the fund shall be transferred to the State Highway Account in the State Transportation Fund. Any outstanding liabilities and encumbrances of the Equipment Service Fund as of June 30, 2006, shall become liabilities and encumbrances payable from the State Highway Account. (Repealed and added by Stats. 2006, Ch. 56, Sec. 9. Effective July 7, 2006.)
  21. 140.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may take actions needed to collect amounts owed to the State from its activities, and it may settle those claims, with or without court action.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 140.5. The department may do anything, including the prosecution of any action, necessary to collect any amounts owing to the State as a result of any activity of the department, and may settle any of such claims with or without court action. (Added by Stats. 1937, Ch. 931.)
  22. 1400.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Joint Bridges [1390 - 1404] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    An agreement under section 1399 may cover bridge construction and related work, but neither county may agree to pay more than one-third of the cost.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Joint Bridges [1390 - 1404] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 1400. The agreement authorized by section 1399 may provide for any of the following: (a) The construction of a bridge. (b) The reconstruction of the existing bridge or its replacement by a new structure. (c) The rebuilding of the bridge at another location. (d) The joint use of the resulting bridge thereafter by such person and the public. (e) The apportionment of the expense of any bridge work between each of the counties and such person jointly using or to use the bridge. In no event shall either county agree to contribute more than one-third of the expense of construction, reconstruction, relocation, replacement or repair of any such bridge. (f) The construction and use of the bridge in the manner and upon the terms and conditions agreed upon between such counties and such person. (Enacted by Stats. 1935, Ch. 29.)
  23. 1401.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Joint Bridges [1390 - 1404] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    Work done under such an agreement is exempt from county contract-letting laws for bridge work.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Joint Bridges [1390 - 1404] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 1401. Any work done pursuant to such an agreement is exempt from any provisions of law regarding the letting of contracts by counties for the performance of any work upon bridges. (Enacted by Stats. 1935, Ch. 29.)
  24. 1402.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Joint Bridges [1390 - 1404] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    A county board of supervisors may reconstruct, replace, or relocate certain bridges over navigable streams within a city, and may abandon an existing bridge and build a new one at the new location.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Joint Bridges [1390 - 1404] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 1402. The board of supervisors of any county now controlling or maintaining, by virtue of any statute, any bridge across any navigable stream, which bridge is wholly or in part within any city, may whenever necessary: (a) Reconstruct all or any part of such bridge. (b) Replace such bridge by a new structure. (c) With the consent of the governing body of such city, change the location of such bridge to a location on the stream better suited to the use of the bridge or to the use of the navigable stream. The board of supervisors may abandon any such existing bridge and build a new bridge at such changed location. (Enacted by Stats. 1935, Ch. 29.)
  25. 1403.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Joint Bridges [1390 - 1404] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    The board of supervisors may make an agreement with a person maintaining a bridge across a navigable stream to build a joint bridge and split the cost.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Joint Bridges [1390 - 1404] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 1403. The board of supervisors reconstructing, replacing or relocating such bridge may enter into an agreement with any person who is then maintaining any bridge across any such navigable stream, for the building of a joint bridge in order to prevent the impeding of commerce on such navigable stream, and to apportion the expense between the county and the person in any manner mutually agreed upon. (Enacted by Stats. 1935, Ch. 29.)
  26. 1404.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Joint Bridges [1390 - 1404] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    County bridge reconstruction and joint-bridge costs must be paid from the maintenance-and-repair fund, and the county cannot pay more than half of a joint bridge’s cost.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Joint Bridges [1390 - 1404] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 1404. The expense of such reconstruction, or of the building of a new bridge is payable from the same fund provided by law for the maintenance and repair of any such bridge. If the county makes such an agreement with any person for the building of a joint bridge, the county shall pay from such fund only its portion of the cost of the joint bridge, as settled by the agreement. In no event may the county pay more than one-half the expense of construction, repair or reconstruction of any such joint bridge. (Enacted by Stats. 1935, Ch. 29.)
  27. 141.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may investigate, compile statistics, determine highway methods, request information from officials, join certain associations, and direct staff travel outside California at state expense. Officials must provide requested information without charge.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 141. In addition to the other powers relating to state highways granted to it by law, the department may do all of the following: (a) Make investigations to place, at the service of the state, the most approved methods of highway construction, improvement, and maintenance. (b) Compile statistics relative to the highways of the various counties and cities and of the districts formed to construct, improve, or maintain the highways. (c) Determine the methods of highway construction, improvement, and maintenance best adapted to the various sections of the state, and the best methods of construction, improvement, and maintenance of highways, making experiments with respect thereto from time to time. (d) Call upon any state, county, city, or district official to furnish any information the official has relating to, or is in any way necessary to the proper performance of, the highway work of the department. The official shall furnish the information without charge. (e) Join associations of highway and transportation officials of other states and others which have been established for not less than 10 years, having as their purpose the interchange of information relating to highway construction, improvement, maintenance, and administration and other transportation matters. (f) Direct any of its officers or employees to travel to places outside this state at state expense for the purposes, when approved, as provided in Section 11032 of the Government Code. (Amended by Stats. 1984, Ch. 193, Sec. 137.)
  28. 142.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    Expenses incurred in carrying out section 141 are treated as administrative expenses of the department.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 142. All expense incurred in carrying out the objects of section 141 is part of the administrative expense of the department. (Enacted by Stats. 1935, Ch. 29.)
  29. 143.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    This section sets rules for transportation project lease agreements, including who may negotiate them, required review steps, toll and user fee terms, reporting, and when agreements end.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 143. (a) (1) “Best value” means a value determined by objective criteria, including, but not limited to, price, features, functions, life-cycle costs, and other criteria deemed appropriate by the department or the regional transportation agency. (2) “Contracting entity or lessee” means a public or private entity, or consortia thereof, that has entered into a comprehensive development lease agreement with the department or a regional transportation agency for a transportation project pursuant to this section. (3) “Design-build” means a procurement process in which both the design and construction of a project are procured from a single entity. (4) “Regional transportation agency” means any of the following: (A) A transportation planning agency as defined in Section 29532 or 29532.1 of the Government Code. (B) A county transportation commission as defined in Section 130050, 130050.1, or 130050.2 of the Public Utilities Code. (C) Any other local or regional transportation entity that is designated by statute as a regional transportation agency. (D) A joint exercise of powers authority as defined in Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, with the consent of a transportation planning agency or a county transportation commission for the jurisdiction in which the transportation project will be developed. (5) “Public Infrastructure Advisory Commission” means a unit or auxiliary organization established by the Transportation Agency that advises the department and regional transportation agencies in developing transportation projects through performance-based infrastructure partnerships. (6) “Transportation project” means one or more of the following: planning, design, development, finance, construction, reconstruction, rehabilitation, improvement, acquisition, lease, operation, or maintenance of highway, public street, rail, or related facilities supplemental to existing facilities currently owned and operated by the department or regional transportation agencies that is consistent with the requirements of subdivision (c). (b) (1) The Public Infrastructure Advisory Commission shall do all of the following: (A) Identify transportation project opportunities throughout the state. (B) Research and document similar transportation projects throughout the state, nationally, and internationally, and further identify and evaluate lessons learned from these projects. (C) Assemble and make available to the department or regional transportation agencies a library of information, precedent, research, and analysis concerning infrastructure partnerships and related types of public-private transactions for public infrastructure. (D) Advise the department and regional transportation agencies, upon request, regarding infrastructure partnership suitability and best practices. (E) Provide, upon request, procurement-related services to the department and regional transportation agencies for infrastructure partnership. (2) The Public Infrastructure Advisory Commission may charge a fee to the department and regional transportation agencies for the services described in subparagraphs (D) and (E) of paragraph (1), the details of which shall be articulated in an agreement entered into between the Public Infrastructure Advisory Commission and the department or the regional transportation agency. (c) (1) Notwithstanding any other provision of law, only the department, in cooperation with regional transportation agencies, and regional transportation agencies, may solicit proposals, accept unsolicited proposals, negotiate, and enter into comprehensive development lease agreements with public or private entities, or consortia thereof, for transportation projects. (2) Projects proposed pursuant to this section and associated lease agreements shall be submitted to the California Transportation Commission. The commission, at a regularly scheduled public hearing, shall select the candidate projects from projects nominated by the department or a regional transportation agency after reviewing the nominations for consistency with paragraphs (3) and (4). Approved projects may proceed with the process described in paragraph (5). (3) The projects authorized pursuant to this section shall be primarily designed to achieve the following performance objectives: (A) Improve mobility by improving travel times or reducing the number of vehicle hours of delay in the affected corridor. (B) Improve the operation or safety of the affected corridor. (C) Provide quantifiable air quality benefits for the region in which the project is located. (4) In addition to meeting the requirements of paragraph (3), the projects authorized pursuant to this section shall address a known forecast demand, as determined by the department or regional transportation agency. (5) At least 60 days prior to executing a final lease agreement authorized pursuant to this section, the department or regional transportation agency shall submit the agreement to the Legislature and the Public Infrastructure Advisory Commission for review. Prior to submitting a lease agreement to the Legislature and the Public Infrastructure Advisory Commission, the department or regional transportation agency shall conduct at least one public hearing at a location at or near the proposed facility for purposes of receiving public comment on the lease agreement. Public comments made during this hearing shall be submitted to the Legislature and the Public Infrastructure Advisory Commission with the lease agreement. The Secretary of Transportation or the chairperson of the Senate or Assembly fiscal committees or policy committees with jurisdiction over transportation matters may, by written notification to the department or regional transportation agency, provide any comments about the proposed agreement within the 60-day period prior to the execution of the final agreement. The department or regional transportation agency shall consider those comments prior to executing a final agreement and shall retain the discretion for executing the final lease agreement. (d) For the purpose of facilitating those projects, the agreements between the parties may include provisions for the lease of rights-of-way in, and airspace over or under, highways, public streets, rail, or related facilities for the granting of necessary easements, and for the issuance of permits or other authorizations to enable the construction of transportation projects. Facilities subject to an agreement under this section shall, at all times, be owned by the department or the regional transportation agency, as appropriate. For department projects, the commission shall certify the department’s determination of the useful life of the project in establishing the lease agreement terms. In consideration therefor, the agreement shall provide for complete reversion of the leased facility, together with the right to collect tolls and user fees, to the department or regional transportation agency, at the expiration of the lease at no charge to the department or regional transportation agency. At the time of the reversion, the facility shall be delivered to the department or regional transportation agency, as applicable, in a condition that meets the performance and maintenance standards established by the department or regional transportation agency and that is free of any encumbrance, lien, or other claims. (e) Agreements between the department or regional transportation agency and the contracting entity or lessee shall authorize the contracting entity or lessee to use a design-build method of procurement for transportation projects, subject to the requirements for utilizing such a method contained in Chapter 6.5 (commencing with Section 6800) of Part 1 of Division 2 of the Public Contract Code, other than Sections 6802, 6803, and 6813 of that code, if those provisions are enacted by the Legislature during the 2009–10 Regular Session, or a 2009–10 extraordinary session. (f) (1) (A) Notwithstanding any other provision of this chapter, for projects on the state highway system, the department is the responsible agency for the performance of project development services, including performance specifications, preliminary engineering, prebid services, the preparation of project reports and environmental documents, and construction inspection services. The department is also the responsible agency for the preparation of documents that may include, but need not be limited to, the size, type, and desired design character of the project, performance specifications covering the quality of materials, equipment, and workmanship, preliminary plans, and any other information deemed necessary to describe adequately the needs of the department or regional transportation agency. (B) The department may use department employees or consultants to perform the services described in subparagraph (A), consistent with Article XXII of the California Constitution. Department resources, including personnel requirements, necessary for the performance of those services shall be included in the department’s capital outlay support program for workload purposes in the annual Budget Act. (2) The department or a regional transportation agency may exercise any power possessed by it with respect to transportation projects to facilitate the transportation projects pursuant to this section. The department, regional transportation agency, and other state or local agencies may provide services to the contracting entity or lessee for which the public entity is reimbursed, including, but not limited to, planning, environmental planning, environmental certification, environmental review, preliminary design, design, right-of-way acquisition, construction, maintenance, and policing of these transportation projects. The department or regional transportation agency, as applicable, shall regularly inspect the facility and require the contracting entity or lessee to maintain and operate the facility according to adopted standards. Except as may otherwise be set forth in the lease agreement, the contracting entity or lessee shall be responsible for all costs due to development, maintenance, repair, rehabilitation, and reconstruction, and operating costs. (g) (1) In selecting private entities with which to enter into these agreements, notwithstanding any other provision of law, the department and regional transportation agencies may utilize, but are not limited to utilizing, one or more of the following procurement approaches: (A) Solicitations of proposals for defined projects and calls for project proposals within defined parameters. (B) Prequalification and short-listing of proposers prior to final evaluation of proposals. (C) Final evaluation of proposals based on qualifications and best value. The California Transportation Commission shall develop and adopt criteria for making that evaluation prior to evaluation of a proposal. (D) Negotiations with proposers prior to award. (E) Acceptance of unsolicited proposals, with issuance of requests for competing proposals. Neither the department nor a regional transportation agency may award a contract to an unsolicited bidder without receiving at least one other responsible bid. (2) When evaluating a proposal submitted by the contracting entity or lessee, the department or the regional transportation agency may award a contract on the basis of the lowest bid or best value. (h) The contracting entity or lessee shall have the following qualifications: (1) Evidence that the members of the contracting entity or lessee have completed, or have demonstrated the experience, competency, capability, and capacity to complete, a project of similar size, scope, or complexity, and that proposed key personnel have sufficient experience and training to competently manage and complete the design and construction of the project, and a financial statement that ensures that the contracting entity or lessee has the capacity to complete the project. (2) The licenses, registration, and credentials required to design and construct the project, including, but not limited to, information on the revocation or suspension of any license, credential, or registration. (3) Evidence that establishes that members of the contracting entity or lessee have the capacity to obtain all required payment and performance bonding, liability insurance, and errors and omissions insurance. (4) Evidence that the contracting entity or lessee has workers’ compensation experience, history, and a worker safety program of members of the contracting entity or lessee that is acceptable to the department or regional transportation agency. (5) A full disclosure regarding all of the following with respect to each member of the contracting entity or lessee during the past five years: (A) Any serious or willful violation of Part 1 (commencing with Section 6300) of Division 5 of the Labor Code or the federal Occupational Safety and Health Act of 1970 (Public Law 91-596). (B) Any instance where members of the contracting entity or lessee were debarred, disqualified, or removed from a federal, state, or local government public works project. (C) Any instance where members of the contracting entity or lessee, or its owners, officers, or managing employees submitted a bid on a public works project and were found to be nonresponsive or were found by an awarding body not to be a responsible bidder. (D) Any instance where members of the contracting entity or lessee, or its owners, officers, or managing employees defaulted on a construction contract. (E) Any violations of the Contractors’ State License Law (Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code), including, but not limited to, alleged violations of federal or state law regarding the payment of wages, benefits, apprenticeship requirements, or personal income tax withholding, or Federal Insurance Contributions Act (FICA) withholding requirements. (F) Any bankruptcy or receivership of any member of the contracting entity or lessee, including, but not limited to, information concerning any work completed by a surety. (G) Any settled adverse claims, disputes, or lawsuits between the owner of a public works project and any member of the contracting entity or lessee during the five years preceding submission of a bid under this article, in which the claim, settlement, or judgment exceeds fifty thousand dollars ($50,000). Information shall also be provided concerning any work completed by a surety during this five-year period. (H) If the contracting entity or lessee is a partnership, joint venture, or an association that is not a legal entity, a copy of the agreement creating the partnership or association that specifies that all general partners, joint venturers, or association members agree to be fully liable for the performance under the agreement. (i) No agreement entered into pursuant to this section shall infringe on the authority of the department or a regional transportation agency to develop, maintain, repair, rehabilitate, operate, or lease any transportation project. Lease agreements may provide for reasonable compensation to the contracting entity or lessee for the adverse effects on toll revenue or user fee revenue due to the development, operation, or lease of supplemental transportation projects with the exception of any of the following: (1) Projects identified in regional transportation plans prepared pursuant to Section 65080 of the Government Code. (2) Safety projects. (3) Improvement projects that will result in incidental capacity increases. (4) Additional high-occupancy vehicle lanes or the conversion of existing lanes to high-occupancy vehicle lanes. (5) Projects located outside the boundaries of a public-private partnership project, to be defined by the lease agreement. However, compensation to a contracting entity or lessee shall only be made after a demonstrable reduction in use of the facility resulting in reduced toll or user fee revenues, and may not exceed the difference between the reduction in those revenues and the amount necessary to cover the costs of debt service, including principal and interest on any debt incurred for the development, operation, maintenance, or rehabilitation of the facility. (j) (1) Agreements entered into pursuant to this section shall authorize the contracting entity or lessee to impose tolls and user fees for use of a facility constructed by it, and shall require that over the term of the lease the toll revenues and user fees be applied to payment of the capital outlay costs for the project, the costs associated with operations, toll and user fee collection, administration of the facility, reimbursement to the department or other governmental entity for the costs of services to develop and maintain the project, police services, and a reasonable return on investment. The agreement shall require that, notwithstanding Sections 164, 188, and 188.1, any excess toll or user fee revenue either be applied to any indebtedness incurred by the contracting entity or lessee with respect to the project, improvements to the project, or be paid into the State Highway Account, or for all three purposes, except that any excess toll revenue under a lease agreement with a regional transportation agency may be paid to the regional transportation agency for use in improving public transportation in and near the project boundaries. (2) Lease agreements shall establish specific toll or user fee rates. Any proposed increase in those rates not otherwise established or identified in the lease agreement during the term of the agreement shall first be approved by the department or regional transportation agency, as appropriate, after at least one public hearing conducted at a location near the proposed or existing facility. (3) The collection of tolls and user fees for the use of these facilities may be extended by the commission or regional transportation agency at the expiration of the lease agreement. However, those tolls or user fees shall not be used for any purpose other than for the improvement, continued operation, or maintenance of the facility. (k) Agreements entered into pursuant to this section shall include indemnity, defense, and hold harmless provisions agreed to by the department or regional transportation agency and the contracting entity or lessee, including provisions for indemnifying the State of California or the regional transportation agency against any claims or losses resulting or accruing from the performance of the contracting entity or lessee. (l) The plans and specifications for each transportation project on the state highway system developed, maintained, repaired, rehabilitated, reconstructed, or operated pursuant to this section shall comply with the department’s standards for state transportation projects. The lease agreement shall include performance standards, including, but not limited to, levels of service. The agreement shall require facilities on the state highway system to meet all requirements for noise mitigation, landscaping, pollution control, and safety that otherwise would apply if the department were designing, building, and operating the facility. If a facility is on the state highway system, the facility leased pursuant to this section shall, during the term of the lease, be deemed to be a part of the state highway system for purposes of identification, maintenance, enforcement of traffic laws, and for the purposes of Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. (m) Failure to comply with the lease agreement in any significant manner shall constitute a default under the agreement and the department or the regional transportation agency, as appropriate, shall have the option to initiate processes to revert the facility to the public agency. (n) The assignment authorized by subdivision (c) of Section 130240 of the Public Utilities Code is consistent with this section. (o) A lease to a private entity pursuant to this section is deemed to be public property for a public purpose and exempt from leasehold, real property, and ad valorem taxation, except for the use, if any, of that property for ancillary commercial purposes. (p) Nothing in this section is intended to infringe on the authority to develop high-occupancy toll lanes pursuant to Section 149.4, 149.5, or 149.6. (q) Nothing in this section shall be construed to allow the conversion of any existing nontoll or nonuser-fee lanes into tolled or user fee lanes with the exception of a high-occupancy vehicle lane that may be operated as a high-occupancy toll lane for vehicles not otherwise meeting the requirements for use of that lane. (r) The lease agreement shall require the contracting entity or lessee to provide any information or data requested by the California Transportation Commission or the Legislative Analyst. The commission, in cooperation with the Legislative Analyst, shall annually prepare a report on the progress of each project and ultimately on the operation of the resulting facility. The report shall include, but not be limited to, a review of the performance standards, a financial analysis, and any concerns or recommendations for changes in the program authorized by this section. (s) Notwithstanding any other provision of this section, no lease agreement may be entered into pursuant to the section that affects, alters, or supersedes the Memorandum of Understanding (MOU), dated November 26, 2008, entered into by the Golden Gate Bridge Highway and Transportation District, the Metropolitan Transportation Commission, and the San Francisco County Transportation Authority, relating to the financing of the U.S. Highway 101/Doyle Drive reconstruction project located in the City and County of San Francisco. (t) No lease agreements may be entered into under this section on or after January 1, 2017. (Amended by Stats. 2015, Ch. 451, Sec. 9. (SB 491) Effective January 1, 2016.)
  30. 143.1.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    This section lets SR 125 tolling continue under specified franchise and board-approval conditions, and limits how toll revenue may be used.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 143.1. (a) Notwithstanding any other provision of law, the demonstration toll road project known as State Highway Route 125 (SR 125) in the County of San Diego, authorized pursuant to authority granted to the department by Chapter 107 of the Statutes of 1989, as subsequently amended by Chapter 1115 of the Statutes of 1990 and Chapter 688 of the Statutes of 2002, shall be subject to tolls for a period of up to 45 years under the following additional terms and conditions: (1) If agreed to by the private entity and the department, and subject to concurrence by the San Diego Association of Governments (SANDAG), the County of San Diego, the City of San Diego, and the City of Chula Vista, by January 2010, all of whom shall exercise their good faith efforts to reach that agreement and concurrence, the SR 125 franchise agreement shall be amended to provide for a lease period of up to 45 years, which shall be reflected in the SR 125 Development Franchise Agreement, dated January 30, 1991, as amended. If an amendment to extend the lease period is agreed to by the parties, the tolls collected during any extension period shall be used for one or more of the following purposes, as specified in the amendment to the agreement: (A) By the private entity to reimburse it for project costs incurred on behalf of the department or SANDAG. (B) By the private entity to compensate or reimburse it for project costs or other impacts for which it is entitled to compensation pursuant to the development franchise agreement or other agreements in effect as of June 30, 2006, with or between the private entity and SANDAG concerning SR 125. (C) By the private entity to reimburse the department or SANDAG for project costs permitted under the development franchise agreement in effect as of June 30, 2006. (D) By the private entity for one or more of the following purposes: the private entity’s capital outlay costs for the project; the costs associated with operations, toll collection, and administration of the facility; reimbursement of the state for the costs of maintenance and police services; or a reasonable return on investment to the private entity. (E) The development franchise agreement or any amendment thereto shall require that any excess toll revenue either be applied to repayment of the indebtedness incurred by the private entity with respect to the project, or payment into the State Highway Account for the benefit of the San Diego region, or both. (2) If an amendment to the SR 125 Development Franchise Agreement is not executed by January 31, 2010, or if an amendment to the agreement is executed by January 31, 2010, that extends the lease period for less than 10 additional years, the department and SANDAG may agree, subject to concurrence by the County of San Diego, the City of San Diego, and the City of Chula Vista, to operate and maintain the toll road for any remaining period of time up to a maximum of 10 years following expiration of the agreement. Tolls collected by the department or SANDAG shall be used to reimburse the department or SANDAG, as applicable, for the SR 125 project costs permitted under the development franchise agreement in effect as of June 30, 2006. (3) Except as specifically amended consistent with this section, the SR 125 Development Franchise Agreement shall remain in full force and effect as set forth therein, and this section shall not be deemed to modify any rights or obligations of the parties thereto. (b) SANDAG may operate the SR 125 facility and continue the collection of tolls upon the expiration of the SR 125 Development Franchise Agreement or the up to 10-year period specified in paragraph (2) of subdivision (a), as applicable, subject to a 2/3 vote of the SANDAG board, pursuant to a plan that specifies the expenditure of toll revenues for projects within the SR 125 corridor. The operation and toll collection may be done in cooperation with the department or solely by SANDAG, with toll revenues to be available for the costs associated with operations, toll collection, and administration of the facility, and reimbursement of the state for the costs of maintenance and police services. Projects eligible for funding from excess toll revenues shall be limited to projects that improve the operation of SR 125, including highway and street projects, truck-only lanes, and transit services and facilities. Any changes to the plan shall require a 2/3 vote of the SANDAG board. (Added by Stats. 2006, Ch. 446, Sec. 1. Effective January 1, 2007.)
  31. 143.2.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    This section requires the department to build, own, maintain, and report on three wildlife crossings tied to a qualifying rail project, and it lets the department use authorized agreements and funding arrangements to do so.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 143.2. (a) For the purposes of this section, the following definitions apply: (1) “Authorized agreement” means either of the following types of agreements: (A) An agreement whereby the rail entity assists the department in defining a feasible project and negotiates fair and reasonable terms for implementing the project. (B) An agreement whereby the rail entity assumes responsibility for designing, procuring, delivering, improving, or constructing an eligible facility in accordance with established specifications and payment terms. (2) “Eligible facility” means any wildlife crossing and appurtenance thereto developed, operated, or held in accordance with this section, and includes the wildlife crossings and appurtenances described in paragraph (1) of subdivision (b). (3) “Quantifiable environmental benefits” means documented, ongoing, positive, and quantifiable benefits to the environment and environmental quality, including to wildlife. (4) “Rail entity” means a person, entity, or organization that is not the federal government or any other public agency and that is undertaking an intercity passenger rail construction project within the Interstate 15 right-of-way. (5) “State-Rail agreement” means the “Agreement to Implement Wildlife Overcrossings Over Interstate 15” executed on January 11, 2023, by and among DesertXpress Enterprises, LLC, the department, and the Department of Fish and Wildlife. (b) (1) If an intercity passenger rail project is constructed within the segment of the Interstate 15 right-of-way at the segment described in Recital B of the State-Rail agreement, the department shall ensure the construction of three wildlife crossings and appurtenances at three priority locations. (2) The department may use an authorized agreement to comply with paragraph (1). (3) The department shall consult with the Department of Fish and Wildlife and with entities with expertise in the development, design, and construction of wildlife crossing structures as part of the development, design, and construction of the three wildlife crossing structures described in paragraph (1). (4) After construction, the department shall own the wildlife overcrossings, and the department, in consultation with, and the support of, the Department of Fish and Wildlife, shall maintain and operate the wildlife overcrossings, including the maintenance of habitat, consistent with Section 2.2.6 and 2.3.6 of the State-Rail agreement. (5) The department may enter into an agreement, which shall provide permanent funding as necessary, for the purpose of maintaining habitat on an eligible facility. (c) Notwithstanding any other law, but subject to this section, the department may solicit proposals for, accept unsolicited proposals for, negotiate, or enter into, an authorized agreement with a rail entity to develop and construct concurrently with the rail entity’s project an eligible facility that is described in paragraph (1) of subdivision (b). (d) The department may enter into an authorized agreement for purposes of paragraph (2) of subdivision (b) if the authorized agreement will provide quantifiable environmental benefits for the region and for wildlife and if the department deems the authorized agreement to be in the best interest of the state. (e) (1) The department may include in an authorized agreement to develop, design, and construct an eligible facility for purposes of paragraph (2) of subdivision (b), any provision the department determines necessary or appropriate, including, but not limited to, the following: (A) Provisions addressing how the department and rail entity will share development costs and allocate and manage project risks. (B) Provisions allowing the department to grant or otherwise disburse state or federal funds to the rail entity for the costs to develop and construct an eligible facility, excluding any costs associated with the design of an eligible facility. (C) Provisions addressing the acquisition of rights-of-way and other property interests that may be required, including for the granting of necessary easements and for the issuance of permits or other authorizations. (D) Provisions identifying any technical specifications concerning the eligible facility that must be satisfied by the rail entity. (E) Provisions specifying events of default, remedies available to the rail entity and department, and dispute resolution procedures, including arbitration and other alternative dispute resolution procedures. (F) Provisions regarding the maintenance and auditing of the rail entity’s books and records. (G) Provisions specifying that the rail entity will comply with all applicable legal requirements related to the use of state or federal funds. (H) Provisions specifying that the rail entity will obtain errors and omissions insurance coverage for the design elements of the project. (I) Provisions specifying that the rail entity will require payment and performance bonding, liability insurance, and errors and omissions insurance of its contractors and consultants. (2) An authorized agreement shall include indemnity, defense, and hold harmless provisions agreed to by the department and the rail entity, including provisions for indemnifying the State of California from any claims or losses resulting or accruing from the performance of the rail entity. (f) (1) The department may use any lawful source of funding or financing, either previously appropriated or upon appropriation, for the development or construction of an eligible facility under this section, including funding described in paragraph (2). (2) The department may accept from the United States or any of its agencies any funds or credit assistance as are available to it for carrying out the purposes of this section, whether the funds are made available by grant, loan, or other financing arrangement. (g) The department shall apply for a competitive grant from federal grant programs to fund activities associated with construction of the wildlife crossing structures described in paragraph (1) of subdivision (b). (h) (1) Before executing an authorized agreement pursuant to this section, the department shall submit a draft of the agreement to the Department of Finance for review. (2) An authorized agreement may only be executed under this section before January 1, 2025. (3) If the department has not executed an authorized agreement pursuant to this section on or before July 1, 2024, the department shall notify the Joint Legislative Budget Committee and submit a progress report on entering into an authorized agreement to the budget committees of the Legislature. (i) The department shall exercise the authority under this section in consultation with the Department of Fish and Wildlife. (j) Nothing in this section affects, expands, alters, or limits any other rights or remedies otherwise available at law. (k) On or before January 1, 2024, and at least annually thereafter, the department shall submit a written status report to the relevant policy committee and budget committee of the Legislature on the implementation of this section. (Added by Stats. 2023, Ch. 57, Sec. 8. (SB 145) Effective July 10, 2023.)
  32. 1430.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Subways [1430 - 1436] ( Article 4 enacted by Stats. 1935, Ch. 29. )

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    This article defines “subway” to include a tube or tunnel.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Subways [1430 - 1436] ( Article 4 enacted by Stats. 1935, Ch. 29. ) ## 1430. For the purposes of this article, “subway” includes tube or tunnel. (Enacted by Stats. 1935, Ch. 29.)
  33. 1431.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Subways [1430 - 1436] ( Article 4 enacted by Stats. 1935, Ch. 29. )

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    If a county board of supervisors decides a public subway under navigable water is advisable, it must call an election and put the county bond question to the voters.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Subways [1430 - 1436] ( Article 4 enacted by Stats. 1935, Ch. 29. ) ## 1431. Whenever in the interests of commerce, for the benefit of the residents of the county, or for the purpose of expediting travel between points on opposite sides of any navigable body of water, the board of supervisors of any county finds it advisable to construct for the public use any subway under any such navigable body of water, at a location determined upon by the board, the board shall call an election and submit to the electors of the county the question whether bonds of the county will be issued and sold for the purpose of constructing such a subway. (Enacted by Stats. 1935, Ch. 29.)
  34. 1432.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Subways [1430 - 1436] ( Article 4 enacted by Stats. 1935, Ch. 29. )

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    An election order is valid when signed by two-thirds of the board members, and the election and bond issuance must follow the laws on county bond elections and county bonds.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Subways [1430 - 1436] ( Article 4 enacted by Stats. 1935, Ch. 29. ) ## 1432. The order calling such an election shall be valid and effectual when signed by two-thirds of the members of the board. The election shall be held and the bonds issued in accordance with the provisions of law governing county bond elections and the issuance of county bonds. (Enacted by Stats. 1935, Ch. 29.)
  35. 1433.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Subways [1430 - 1436] ( Article 4 enacted by Stats. 1935, Ch. 29. )

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    A county board of supervisors may spend up to $3,500 from the county general fund to estimate the cost of a proposed subway.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Subways [1430 - 1436] ( Article 4 enacted by Stats. 1935, Ch. 29. ) ## 1433. The board of supervisors of any county may, for the purpose of ascertaining the probable expense of any proposed subway, expend out of the county general fund a sum not exceeding thirty-five hundred dollars. When any such proposed subway reaches partly into one county and partly into another, such counties shall equally divide the expenditure necessary to ascertain the probable expense of any such proposed subway, but such expenditure shall not exceed in the aggregate the sum of thirty-five hundred dollars. (Enacted by Stats. 1935, Ch. 29.)
  36. 1434.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Subways [1430 - 1436] ( Article 4 enacted by Stats. 1935, Ch. 29. )

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    If a proposed county subway would run under navigable water between counties, the county boards of supervisors must first agree on how to split the expense. After that, each county board may take whatever proceedings it considers proper under this article.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Subways [1430 - 1436] ( Article 4 enacted by Stats. 1935, Ch. 29. ) ## 1434. Whenever any such subway is proposed to be constructed under any navigable body of water forming the dividing line between counties, the boards of supervisors of each of the counties into which any such subway will reach shall first agree as to what portions of the expense of such subway will be paid by each county. Thereafter the board of each county may take the proceedings it considers proper under the provisions of this article. (Enacted by Stats. 1935, Ch. 29.)
  37. 1435.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Subways [1430 - 1436] ( Article 4 enacted by Stats. 1935, Ch. 29. )

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    A subway may not be built under a navigable body of water that divides counties unless all affected counties first authorize the work and the bonds for it.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Subways [1430 - 1436] ( Article 4 enacted by Stats. 1935, Ch. 29. ) ## 1435. Such a subway shall not be constructed under any navigable body of water forming the dividing line between counties, unless all the counties into which such subway reaches first authorize such work and also authorize the issue of bonds therefor in the manner provided in this article. (Enacted by Stats. 1935, Ch. 29.)
  38. 1436.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Subways [1430 - 1436] ( Article 4 enacted by Stats. 1935, Ch. 29. )

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    If a proposed subway would enter a city, and the city’s governing body and county supervisors agree, the county supervisors may call an election on issuing and selling county bonds to build the subway.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Subways [1430 - 1436] ( Article 4 enacted by Stats. 1935, Ch. 29. ) ## 1436. Whenever any such proposed subway will reach within the limits of any city, if the governing body of each such city and the board of supervisors of the county in which each such city is situated first so agree, the board of supervisors may call an election and submit to the electors of the county, in the manner provided in this article, the question whether bonds of the county will be issued and sold for the purpose of constructing such a subway in the manner prescribed in this article. (Enacted by Stats. 1935, Ch. 29.)
  39. 144.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may divide or separate a state highway into separate roadways when there is particular danger of collisions.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 144. The department is authorized to divide or separate any state highway into separate roadways, wherever there is particular danger to the traveling public of collision between vehicles proceeding in opposite directions or from cross traffic, by constructing curbs, central dividing sections, or other physical separations, or by signs, marks, or other devices, in or on the roadway appropriate to designate the dividing line. The rules governing operation of vehicles on divided highways are contained in Section 21651 of the Vehicle Code. (Amended by Stats. 1980, Ch. 777, Sec. 27.)
  40. 144.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    Before the department divides certain state highways, it must give 30 days’ notice to the city council or board of supervisors with jurisdiction.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 144.5. No state highway shall be divided as provided in Section 144 in such manner as to prevent traffic on any city street or county highway which such state highway intersects from crossing such state highway until after thirty (30) days’ notice thereof has been given by the department to the city council or board of supervisors having jurisdiction over the street or highway. (Added by Stats. 1959, Ch. 1211.)
  41. 145.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may lay out and build local service roads on state highways in dangerous areas, and people may not drive from a service road into the main roadway except through an opening in the divider.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 145. The department is authorized to lay out and construct local service roads on and along any state highway where there is particular danger to the traveling public of collision due to vehicles entering the highway from the side thereof and to divide and separate any service road from the main thoroughfare by raised curbs or dividing sections or by other appropriate devices. It is unlawful for any person to drive any vehicle into the main thoroughfare from any service road except through an opening in the dividing curb or dividing section or dividing line. Any person who violates any provision of this section is guilty of a misdemeanor. (Amended by Stats. 1980, Ch. 777, Sec. 28.)
  42. 1450.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5.5. The Care and Protection of County Highways [1450 - 1470] ( Chapter 5.5 added by Stats. 1965, Ch. 789. ) ## ARTICLE 1. General Provisions [1450- 1450.] ( Article 1 added by Stats. 1965, Ch. 789. )

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    This section defines key terms for the chapter and says the chapter applies only to certain works or facilities of public agencies or public utilities installed under a franchise in or over a public highway.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5.5. The Care and Protection of County Highways [1450 - 1470] ( Chapter 5.5 added by Stats. 1965, Ch. 789. ) ## ARTICLE 1. General Provisions [1450- 1450.] ( Article 1 added by Stats. 1965, Ch. 789. ) ## 1450. As used in this chapter: (a) The term “highway” includes all or any part of the entire width of right of way of a county highway, whether or not such entire area is actually used for highway purposes. (b) The term “encroachment” includes any tower, pole, poleline, pipe, pipeline, driveway, private road, fence, billboard, stand or building, or any structure or object of any kind or character not particularly mentioned in this section, which is placed in, under or over any portion of the highway. (c) “Public agency” includes any city, public corporation, political subdivision, or district. (d) “Road commissioner” means the county road commissioner appointed pursuant to Section 2006. This chapter shall only apply to any works or facilities of any public agency or public utility if such works or facilities are installed pursuant to franchise in, under or over any public highway. This chapter shall not limit the powers and duties vested by law in the Public Utilities Commission of this state, and in the event of any conflict with regard to the powers and duties given the road commissioner in this chapter, those of the Public Utilities Commission shall prevail. (Added by Stats. 1965, Ch. 789.)
  43. 146.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    A public agency may, with commission approval, use certain state freeway airspace or right-of-way space as a route for public transportation systems.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 146. Any public agency having responsibility for the planning and development within a region of this state of public transportation systems may, with the approval of the commission, use the airspace over or under any existing state freeway in that region, or any portion other than the travel roadway of the right-of-way of such freeway, as a route for a public transportation system, such as a railway, monorail, tracked air cushion vehicle system or other such system which, in the discretion of the agency and the department, is feasible from an engineering standpoint, in conformity with established safety design standards, and is consistent with good ecological and environmental planning. The development and construction of such facilities shall be financed out of any available federal, state, and local funds. (Amended by Stats. 1972, Ch. 530.)
  44. 146.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may build, maintain, and operate certain parking facilities along state highways if they reduce congestion or improve safety, and it must acquire needed right-of-way.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 146.5. (a) The department may construct, maintain, and operate fringe and transportation corridor parking facilities along the state highway system when those facilities would reduce motor vehicle traffic congestion or improve highway safety. Those facilities may include child care projects that are part of an overall traffic reduction plan. For purposes of this code, those facilities are part of the state highway, and the department shall acquire the right-of-way necessary for those facilities in accordance with all of the laws and procedures applicable to other state highway projects. (b) The department may enter into agreements with other public agencies for the joint financing of fringe and transportation corridor parking facilities. The rights and obligations of the department and other public agencies with respect to those facilities shall be determined by agreement. (c) Fringe and transportation corridor parking facilities estimated to cost two hundred fifty thousand dollars ($250,000) or more and located in an urbanized area shall be limited to those facilities included by transportation planning agencies in a regional transportation improvement program prepared pursuant to Section 14527 of the Government Code. Not more than two million dollars ($2,000,000) of the state funds appropriated by the Legislature each year for state highway construction may be used for the purpose of constructing those facilities. In addition, for projects estimated to cost thirty thousand dollars ($30,000) or more, the state funds may be used only to match federal or local funds, or both. (d) It is the intent of the Legislature to allow the department to make available space in underutilized park and ride lots for child care purposes when linked to an overall traffic reduction plan. It is not the intent of the Legislature for the department to enter into the operation of those child care projects. (Amended by Stats. 1991, Ch. 13, Sec. 11. Effective February 13, 1991.)
  45. 1460.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5.5. The Care and Protection of County Highways [1450 - 1470] ( Chapter 5.5 added by Stats. 1965, Ch. 789. ) ## ARTICLE 2. Permit Provisions [1460 - 1470] ( Article 2 added by Stats. 1965, Ch. 789. )

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    The road commissioner may issue written permits for certain work in county highways. Acting without a permit can be a misdemeanor, and unauthorized signs may be removed as public nuisances.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5.5. The Care and Protection of County Highways [1450 - 1470] ( Chapter 5.5 added by Stats. 1965, Ch. 789. ) ## ARTICLE 2. Permit Provisions [1460 - 1470] ( Article 2 added by Stats. 1965, Ch. 789. ) ## 1460. The road commissioner may issue written permits, as provided in this chapter, authorizing the permittee to do any of the following acts: (a) Make an opening or excavation for any purpose in any county highway. (b) Place, change or renew an encroachment. (c) Place or display in, under or over any county highway any kind of advertising sign or device. Any such sign or device placed or displayed contrary to the provisions of this section is a public nuisance and the road commissioner may immediately remove it. The provisions of this section shall not prohibit the posting of any notice in the manner required by law or by the order of any court of this state. (d) Plant, remove, cut, cut down, injure or destroy any tree, shrub, plant or flower growing within any county highway. Any person who does any of the acts specified in this section, without the authority of such a permit, is guilty of a misdemeanor and is liable to the public agency for all expenses and damages caused thereby. (Amended by Stats. 1971, Ch. 439.)
  46. 1461.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5.5. The Care and Protection of County Highways [1450 - 1470] ( Chapter 5.5 added by Stats. 1965, Ch. 789. ) ## ARTICLE 2. Permit Provisions [1460 - 1470] ( Article 2 added by Stats. 1965, Ch. 789. )

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    Acts done under a written permit for this chapter must comply with both the chapter and the permit’s terms and conditions.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5.5. The Care and Protection of County Highways [1450 - 1470] ( Chapter 5.5 added by Stats. 1965, Ch. 789. ) ## ARTICLE 2. Permit Provisions [1460 - 1470] ( Article 2 added by Stats. 1965, Ch. 789. ) ## 1461. Any act done under the authority of a written permit, issued pursuant to the provisions of this chapter, shall be done in accordance with the applicable provisions of this chapter, and the terms and conditions of such permit. (Added by Stats. 1965, Ch. 789.)
  47. 1462.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5.5. The Care and Protection of County Highways [1450 - 1470] ( Chapter 5.5 added by Stats. 1965, Ch. 789. ) ## ARTICLE 2. Permit Provisions [1460 - 1470] ( Article 2 added by Stats. 1965, Ch. 789. )

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    A permit may require the permittee to pay highway replacement costs and may include additional work-location and work-method conditions set by the road commissioner.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5.5. The Care and Protection of County Highways [1450 - 1470] ( Chapter 5.5 added by Stats. 1965, Ch. 789. ) ## ARTICLE 2. Permit Provisions [1460 - 1470] ( Article 2 added by Stats. 1965, Ch. 789. ) ## 1462. Any permit issued under the provisions of this chapter may provide that the permittee will pay the entire expense of replacing the highway in as good condition as before, and may provide such other conditions as to the location and the manner in which the work is to be done as the road commissioner finds necessary for the protection of the highway. (Added by Stats. 1965, Ch. 789.)
  48. 1463.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5.5. The Care and Protection of County Highways [1450 - 1470] ( Chapter 5.5 added by Stats. 1965, Ch. 789. ) ## ARTICLE 2. Permit Provisions [1460 - 1470] ( Article 2 added by Stats. 1965, Ch. 789. )

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    Some permits require the permittee to relocate encroachments at the permittee’s own expense when highway improvement makes relocation necessary.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5.5. The Care and Protection of County Highways [1450 - 1470] ( Chapter 5.5 added by Stats. 1965, Ch. 789. ) ## ARTICLE 2. Permit Provisions [1460 - 1470] ( Article 2 added by Stats. 1965, Ch. 789. ) ## 1463. Any permit issued to a public agency or a public utility having lawful authority to occupy the highways shall contain a provision that in the event the future improvement of the highway necessitates the relocation of such encroachment the permittee will relocate the same at his sole expense. In said event the road commissioner shall serve on the permittee his written demand specifying the place of relocation, and specifying a reasonable time within which the work of relocation must be commenced. The permittee must commence such relocation within the time specified in said demand and thereafter diligently prosecute the same to completion. All permits other than those issued to public agencies or a public utility having lawful authority to occupy the highways are revocable on five days’ notice and the encroachment must be removed or relocated as may be specified by the road commissioner in the notice revoking the permit and within a reasonable time specified by the road commissioner unless the permit provides a specified time. Public utilities may be required, within a reasonable time, to relocate such of their facilities as interfere with an enlarged public use of the highway, except in those cases where the enlarged use of the highway involves a state freeway. (Added by Stats. 1965, Ch. 789.)
  49. 1464.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5.5. The Care and Protection of County Highways [1450 - 1470] ( Chapter 5.5 added by Stats. 1965, Ch. 789. ) ## ARTICLE 2. Permit Provisions [1460 - 1470] ( Article 2 added by Stats. 1965, Ch. 789. )

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    The road commissioner may supervise permitted work, but does not have to. If the commissioner does supervise, the permittee must pay the reasonable supervision cost, except that no supervision cost may be charged to a public corporation, subject to Government Code Section 6103.6.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5.5. The Care and Protection of County Highways [1450 - 1470] ( Chapter 5.5 added by Stats. 1965, Ch. 789. ) ## ARTICLE 2. Permit Provisions [1460 - 1470] ( Article 2 added by Stats. 1965, Ch. 789. ) ## 1464. The road commissioner may, but is not required to, supervise any work done under any permit issued under the provisions of this chapter, in which event the permittee shall pay the reasonable cost of such supervision to the road commissioner, but no cost of supervision shall be charged by the road commissioner to any public corporation, provided, however, this section shall not operate to prevent charges made pursuant to Government Code Section 6103.6. (Added by Stats. 1965, Ch. 789.)
  50. 1465.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5.5. The Care and Protection of County Highways [1450 - 1470] ( Chapter 5.5 added by Stats. 1965, Ch. 789. ) ## ARTICLE 2. Permit Provisions [1460 - 1470] ( Article 2 added by Stats. 1965, Ch. 789. )

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    In an emergency requiring immediate action, permittees may dig in county highways for repairs, but they must promptly notify the road commissioner’s representative and restore the highway at their own expense.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5.5. The Care and Protection of County Highways [1450 - 1470] ( Chapter 5.5 added by Stats. 1965, Ch. 789. ) ## ARTICLE 2. Permit Provisions [1460 - 1470] ( Article 2 added by Stats. 1965, Ch. 789. ) ## 1465. (a) Permittees may excavate openings in county highways to make repairs in cases of emergency requiring immediate action. In such cases the appropriate representative of the road commissioner shall be promptly notified of any such action, and such permittee, at his own expense, shall immediately replace such county highway in as good condition as before such excavation. (b) A public agency supplying water service to its inhabitants may, within its corporate limits, excavate a county highway without a permit in cases of emergency requiring immediate action; but in such cases the county highway shall, at the expense of the public agency, be replaced in as good condition as before such excavation. (Added by Stats. 1965, Ch. 789.)
  51. 1466.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5.5. The Care and Protection of County Highways [1450 - 1470] ( Chapter 5.5 added by Stats. 1965, Ch. 789. ) ## ARTICLE 2. Permit Provisions [1460 - 1470] ( Article 2 added by Stats. 1965, Ch. 789. )

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    The road commissioner may delegate certain powers, duties, and authority to a city for county highways within that city, but not approval powers, and may later withdraw the delegation.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5.5. The Care and Protection of County Highways [1450 - 1470] ( Chapter 5.5 added by Stats. 1965, Ch. 789. ) ## ARTICLE 2. Permit Provisions [1460 - 1470] ( Article 2 added by Stats. 1965, Ch. 789. ) ## 1466. The road commissioner may delegate to any city any of the road commissioner’s powers, duties, and authority, other than those of approval, under this chapter as to any county highway, or any part thereof, within such city, and may withdraw any such delegation of authority. (Added by Stats. 1965, Ch. 789.)
  52. 1467.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5.5. The Care and Protection of County Highways [1450 - 1470] ( Chapter 5.5 added by Stats. 1965, Ch. 789. ) ## ARTICLE 2. Permit Provisions [1460 - 1470] ( Article 2 added by Stats. 1965, Ch. 789. )

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    The road commissioner may require an applicant to post a satisfactory bond.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5.5. The Care and Protection of County Highways [1450 - 1470] ( Chapter 5.5 added by Stats. 1965, Ch. 789. ) ## ARTICLE 2. Permit Provisions [1460 - 1470] ( Article 2 added by Stats. 1965, Ch. 789. ) ## 1467. The road commissioner may require the applicant to file with the road commissioner a satisfactory bond payable to the people of the county in such amount as the road commissioner deems sufficient, conditioned on the proper compliance by the permittee with the provisions of this chapter. (Added by Stats. 1965, Ch. 789.)
  53. 1468.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5.5. The Care and Protection of County Highways [1450 - 1470] ( Chapter 5.5 added by Stats. 1965, Ch. 789. ) ## ARTICLE 2. Permit Provisions [1460 - 1470] ( Article 2 added by Stats. 1965, Ch. 789. )

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    Certain qualified public agencies and public utilities do not have to post a bond, and their permit application cannot be denied; the road commissioner may still require a bond up to $20,000 if the applicant previously failed to comply with the chapter or an earlier permit.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5.5. The Care and Protection of County Highways [1450 - 1470] ( Chapter 5.5 added by Stats. 1965, Ch. 789. ) ## ARTICLE 2. Permit Provisions [1460 - 1470] ( Article 2 added by Stats. 1965, Ch. 789. ) ## 1468. Except as otherwise provided in this section, such a bond shall not be required of any public agency or public utility having lawful authority to occupy the highways which is authorized by law to establish or maintain any works or facilities in, under or over any public highway, nor shall the application of any such public agency or public utility for a permit be denied. The road commissioner may require of any such applicant a bond in a sum not to exceed twenty thousand dollars ($20,000), if such applicant has in fact prior to such application failed to comply with the provisions of this chapter or with the provisions of a previous permit. (Added by Stats. 1965, Ch. 789.)
  54. 1469.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5.5. The Care and Protection of County Highways [1450 - 1470] ( Chapter 5.5 added by Stats. 1965, Ch. 789. ) ## ARTICLE 2. Permit Provisions [1460 - 1470] ( Article 2 added by Stats. 1965, Ch. 789. )

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    Certain cities and utility districts are entitled to a blanket permit from the road commissioner for service connections and ordinary maintenance in county highways, subject to annual renewal and compliance with the article.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5.5. The Care and Protection of County Highways [1450 - 1470] ( Chapter 5.5 added by Stats. 1965, Ch. 789. ) ## ARTICLE 2. Permit Provisions [1460 - 1470] ( Article 2 added by Stats. 1965, Ch. 789. ) ## 1469. Any city, municipal utility district, municipal water district, public utility having lawful authority to occupy the highways or metropolitan water district is entitled to a blanket permit issued by the road commissioner, renewable annually, for the installation of its service connections and for ordinary maintenance of its facilities located or installed in county highways; but the road commissioner may revoke any such blanket permit if the permittee fails to comply with the provisions of this article. When any such permit is revoked in a proper case such municipal utility district, municipal water district or metropolitan water district or public utility is entitled to a permit only on furnishing a bond as provided in Section 1467. (Added by Stats. 1965, Ch. 789.)
  55. 147.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The director must restart shared-use parking lot program efforts in District 7, and the department must not enter agreements that would cost the department over the life of the agreement.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 147. The director shall, without supplanting any other program required to be administered by the department or redirecting funds allocated to other programs, restart program efforts in District 7 of the department to develop and implement additional shared use agreements for public use of private parking lots as park and ride facilities. These shared use agreements shall be developed and implemented to complement and facilitate ridership on existing and planned transit routes in District 7, including, but not limited to, the Los Angeles County Metropolitan Transportation Authority’s Metro Rapid Bus route along Ventura Boulevard and the proposed East-West Busway in the San Fernando Valley, for the purpose of reducing congestion on state highways. The department shall not enter into any shared use agreement that would result in costs to the department over the life of the agreement. (Added by Stats. 2001, Ch. 759, Sec. 1. Effective January 1, 2002.)
  56. 1470.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5.5. The Care and Protection of County Highways [1450 - 1470] ( Chapter 5.5 added by Stats. 1965, Ch. 789. ) ## ARTICLE 2. Permit Provisions [1460 - 1470] ( Article 2 added by Stats. 1965, Ch. 789. )

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    This chapter does not override Chapter 3 (starting with Section 7030) of Division 4 of the Water Code.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5.5. The Care and Protection of County Highways [1450 - 1470] ( Chapter 5.5 added by Stats. 1965, Ch. 789. ) ## ARTICLE 2. Permit Provisions [1460 - 1470] ( Article 2 added by Stats. 1965, Ch. 789. ) ## 1470. This chapter shall not supersede the provisions of Chapter 3 (commencing with Section 7030), Division 4 of the Water Code. (Added by Stats. 1965, Ch. 789.)
  57. 148.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may build and maintain transit-related highway facilities on the state highway system, but some higher-cost projects face funding and planning limits.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 148. The department may construct and maintain transit related highway facilities along the state highway system. Those facilities may include, but are not limited to, bus turn-outs, passenger loading areas, passenger benches and shelters, and special traffic control devices. For purposes of this code, those facilities are part of the state highway. Facilities estimated to cost two hundred fifty thousand dollars ($250,000) or more and located in an urbanized area shall be limited to those facilities included by transportation planning agencies in a regional transportation improvement program prepared pursuant to Section 14527 of the Government Code. Not more than one million dollars ($1,000,000) of the state funds appropriated by the Legislature each year for state highway construction may be used for the purpose of constructing those facilities. In addition, for projects estimated to cost thirty thousand dollars ($30,000) or more, the state funds may be used only to match federal or local funds, or both. (Amended by Stats. 1984, Ch. 95, Sec. 16.)
  58. 148.1.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    Two transit districts may run a bus-only shoulder program on certain state highways if the department and the California Highway Patrol approve it.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 148.1. (a) Notwithstanding any other provision of law, the Monterey-Salinas Transit District and the Santa Cruz Metropolitan Transit District may conduct a transit bus-only program using the shoulders of certain highways in the state highway system within the areas served by the transit services of the districts, with the approval of the department and the Department of the California Highway Patrol. The department, the Department of the California Highway Patrol, and participating transit districts shall jointly determine the segments of each highway where it is appropriate to designate the shoulders as transit bus-only traffic corridors, based upon factors that shall include, but not be limited to, right-of-way availability and capacity, peak congestion hours, and the most heavily congested areas. Under the program, the participating transit districts shall actively work with the department and the Department of the California Highway Patrol to develop guidelines that ensure driver and vehicle safety and the integrity of the infrastructure. (b) The development of the guidelines shall be done with transparency, including the opportunity for public comment. (c) The department and the participating transit districts shall monitor the state of repair of highway shoulders used in the program, including repairs attributable to the operation of transit buses on the shoulders. (d) The participating transit districts shall be responsible for all costs attributable to this program, including costs related to repairs attributable to the operation of transit buses on shoulders. (e) The program may commence operation as soon as guidelines are agreed to by the transit districts, the department, and the Department of the California Highway Patrol. (f) As used in this section, “highway” includes “freeway.” (Added by Stats. 2013, Ch. 426, Sec. 1. (AB 946) Effective January 1, 2014.)
  59. 1480.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. )

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    This section defines “highway” and “encroachment” for county highways.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. ) ## 1480. As used in this chapter: (a) The term “highway” includes all or any part of the entire width of right of way of a county highway, whether or not such entire area is actually used for highway purposes. (b) The term “encroachment” includes any structure or object of any kind or character placed, without the authority of law, either in, under or over any county highway. (Enacted by Stats. 1935, Ch. 29.)
  60. 1480.5.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. )

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    The road commissioner may remove certain encroachments from county highways and may recover removal costs and damages from the person responsible.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. ) ## 1480.5. The road commissioner may immediately remove, or by notice may require the removal of, any of the following encroachments: (a) An encroachment which obstructs or prevents the use of a county highway by the public. (b) An encroachment which consists of refuse. (c) An encroachment which is a traffic hazard. (d) An encroachment which is an advertising sign or device of any description, unless excepted by subdivision (c) of Section 1460. The road commissioner may return such sign or device to its owner, or otherwise dispose of it in his discretion, except that if the commissioner determines in good faith that the sign or other device is of more than nominal value he shall not effect such other disposition until he has made a reasonable attempt to identify and notify the owner of the sign or device and provided a reasonable time for the owner to retrieve it under provisions of this section. The return of such sign or device to its owner may be conditioned upon payment of an amount sufficient to reimburse the road commissioner for the expense of removal. The road commissioner may recover from the person causing any of the above encroachments, in an action brought in the name of the county for that purpose, the court costs of the road commissioner, the expense of such removal, and any other damages caused by the encroachment. (Amended by Stats. 1975, Ch. 159.)
  61. 1481.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. )

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    The road commissioner may, by notice, require removal of certain encroachments from any county highway.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. ) ## 1481. The road commissioner may, by notice, require the removal of any other encroachment not specified in Section 1480.5 from any county highway. (Amended by Stats. 1971, Ch. 439.)
  62. 1482.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. )

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    A notice about a highway encroachment must be served or posted as specified, and it must require removal of the encroachment within 10 days.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. ) ## 1482. The notice referred to in Sections 1480.5 and 1481 shall be served upon the occupant or owner of the land, or the person causing, controlling or owning the encroachment, or shall be left at the place of residence of such occupant, owner or person if he resides in the county and is known to the person giving such notice. If the person upon whom notice is to be served does not reside in the county, the notice shall be posted on the encroachment. The notice shall specify the breadth of the highway, the place and extent of the encroachment, and shall require the removal of such encroachment within 10 days. (Amended by Stats. 1971, Ch. 439.)
  63. 1483.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. )

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    A person responsible for an encroachment on a county highway forfeits $350 per day if it is not removed, or removal is not started and diligently pursued, within 10 days after notice is served or posted. The road commissioner must immediately remove an encroachment that blocks use of the highway by vehicles.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. ) ## 1483. If the encroachment is not removed, or its removal not commenced and diligently prosecuted, prior to the expiration of 10 days from and after the service or posting of the notice, the person causing, owning, or controlling the encroachment forfeits three hundred fifty dollars ($350) for each day the encroachment continues unremoved. The road commissioner shall immediately remove an encroachment that effectually obstructs and prevents the use of the highway by vehicles. (Amended by Stats. 2003, Ch. 182, Sec. 4. Effective January 1, 2004.)
  64. 1484.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. )

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    If an encroachment is denied and the land’s owner, occupant, or other controller refuses to remove it or allow its removal, the road commissioner must sue in the county’s name to abate it as a nuisance.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. ) ## 1484. If the encroachment is denied, and the owner or occupant of the land, or the person causing, owning or controlling the alleged encroachment refuses either to remove it or permit its removal, the road commissioner shall commence, in a court of competent jurisdiction, an action in the name of the county to abate the encroachment as a nuisance. If the commissioner recovers judgment he or she may, in addition to having the nuisance abated, recover a penalty of three hundred fifty dollars ($350) for each day the nuisance remains after service or posting of notice, and also the costs in the action, as provided in Section 1496. (Amended by Stats. 2003, Ch. 182, Sec. 5. Effective January 1, 2004.)
  65. 1485.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. )

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    If an encroachment is not removed within five days after notice, the road commissioner may remove it and recover costs and a daily $350 penalty from the responsible owner, occupant, or other person.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. ) ## 1485. If the encroachment is not denied, but is not removed within five days from and after service or posting of the notice, the road commissioner may remove the encroachment at the expense of the owner or occupant of the land, or the person causing, owning or controlling the encroachment. The commissioner may recover from the owner, occupant, or person, in an action brought in the name of the county for that purpose, the commissioner’s court costs and the expense of removal and also a penalty of three hundred fifty dollars ($350) for each day the encroachment remained after service or posting of the notice, as provided in Section 1496. (Amended by Stats. 2003, Ch. 182, Sec. 6. Effective January 1, 2004.)
  66. 1486.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. )

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    County-highway gates are generally not allowed unless the board of supervisors allows them under section 966.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. ) ## 1486. Gates shall not be allowed on any county highway except gates allowed by the board of supervisors in accordance with the provisions of section 966. If the expense of the erection and maintenance of such allowed gates is not paid as required by section 966, such gates shall be removed as an obstruction. Any person who leaves any such gate open, or who wilfully and unnecessarily rides over ground adjoining the highway on which the gate is erected, shall be liable to the injured party for treble damages. (Enacted by Stats. 1935, Ch. 29.)
  67. 1487.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. )

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    A person who blocks or injures a county highway by ditches, dams, or water diversion must stop after notice from the road commissioner and repair the highway at their own expense.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. ) ## 1487. A person who, by means of ditches or dams, obstructs or injures any county highway, diverts any watercourse into any county highway, or drains water from his or her land upon any county highway, to the injury of the highway, shall, upon notice by the road commissioner, immediately cease and discontinue the obstruction and injury, and shall repair the highway at his or her own expense. He or she is liable to a penalty of three hundred fifty dollars ($350) for each day the obstruction or injury remains, recoverable as provided in Section 1496, and is also guilty of a misdemeanor. (Amended by Stats. 2003, Ch. 182, Sec. 7. Effective January 1, 2004.)
  68. 1488.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. )

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    A person who lets water overflow or seep onto a county highway must stop it and fix the damage after notice from the road commissioner.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. ) ## 1488. (a) A person who, in storing or distributing water for any purpose, permits water to overflow or by seepage to saturate a county highway, to the injury of the highway, shall, upon notice by the road commissioner, immediately cease the overflow or seepage and repair the injury caused by the overflow or seepage. (b) The person permitting the overflow or seepage is liable to a penalty of three hundred fifty dollars ($350) for each day the overflow or seepage continues, recoverable as provided in Section 1496. (c) If the repair required by subdivision (a) is not made by the person within a reasonable time, as determined by the road commissioner, the road commissioner may make those repairs and recover the expense of the repairs from the person in an action at law brought in the name of the county. (Amended by Stats. 2003, Ch. 182, Sec. 8. Effective January 1, 2004.)
  69. 1488.5.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. )

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    A notice under Sections 1487 or 1488 must be given the same way as in Section 1482, but the required action must be taken immediately.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. ) ## 1488.5. The notice referred to in Sections 1487 and 1488 shall be given in the same manner as provided in Section 1482, except that the action it requires shall be taken immediately. (Added by Stats. 2003, Ch. 182, Sec. 9. Effective January 1, 2004.)
  70. 1489.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. )

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    People who dig irrigation, mining, or drainage ditches across county highways must build bridges over those ditches unless Section 1490 applies.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. ) ## 1489. Unless a bridge is constructed in accordance with Section 1490, all persons excavating irrigation, mining or drainage ditches across county highways shall construct bridges across such ditches wherever such ditches cross such highways. If such persons fail to construct such bridges, the road commissioner shall construct them and shall recover from such persons, in an action at law brought in the name of the county, the expense of such construction. (Amended by Stats. 1957, Ch. 413.)
  71. 149.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may build and authorize certain bus or high-occupancy vehicle lanes on state highways, but it must first make engineering estimates of their effects on safety, congestion, and highway capacity.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 149. The department may construct exclusive or preferential lanes for buses only or for buses and other high-occupancy vehicles, and may authorize or permit such exclusive or preferential use of designated lanes on existing highways that are part of the State Highway System. Prior to constructing such lanes, the department shall conduct competent engineering estimates of the effect of such lanes on safety, congestion, and highway capacity. To the extent they are available, the department may apply for and use federal aid funds appropriated for the design, construction, and use of such exclusive or preferential lanes, but may also use other State Highway Account funds, including other federal aid funds, for those purposes where proper and desirable. This section shall be known and may be cited as the Carrell Act. (Amended by Stats. 1974, Ch. 773.)
  72. 149.1.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    SANDAG may run the I-15 value pricing/HOT lanes program, set and collect fees, and work with the department under specified conditions.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 149.1. (a) Notwithstanding Sections 149 and 30800 of this code, and Section 21655.5 of the Vehicle Code, the San Diego Association of Governments (SANDAG) may conduct, administer, and operate a value pricing and transit development program on the Interstate Highway Route 15 (I-15) high-occupancy vehicle expressway. The program to implement high-occupancy toll (HOT) lanes, under the circumstances described in subdivision (b), may direct and authorize the entry and use of the I-15 high-occupancy vehicle lanes by single-occupant vehicles during peak periods, as defined by SANDAG, for a fee. The amount of the fee shall be established from time to time by SANDAG, and collected in a manner determined by SANDAG. (b) With the consent of the department, SANDAG shall establish appropriate performance measures, such as speed or travel times, for the purpose of ensuring optimal use of the HOT lanes by high-occupancy vehicles without adversely affecting other traffic on the state highway system. Unrestricted access to the lanes by high-occupancy vehicles shall be available at all times, except that those high-occupancy vehicles may be required to have an electronic transponder or other electronic device for enforcement purposes. At least annually, the department shall audit the performance during peak traffic hours and report the results of that audit at meetings of the program management team. (c) Single-occupant vehicles that are certified or authorized by SANDAG for entry into, and use of, the I-15 high-occupancy vehicle lanes are exempt from Section 21655.5 of the Vehicle Code, and the driver shall not be in violation of the Vehicle Code because of that entry and use. (d) SANDAG shall carry out the program in cooperation with the department, and shall consult the department in the operation of the project and on matters related to highway design and construction. (e) (1) Agreements between SANDAG, the department, and the Department of the California Highway Patrol shall identify the respective obligations and liabilities of those entities and assign them responsibilities relating to the program. The agreements entered into pursuant to this section shall be consistent with agreements between the department and the United States Department of Transportation relating to this program and shall include clear and concise procedures for enforcement by the Department of the California Highway Patrol of laws prohibiting the unauthorized use of the high-occupancy vehicle lanes. The agreements shall provide for reimbursement of state agencies, from revenues generated by the program, federal funds specifically allocated to SANDAG for the program by the federal government, or other funding sources that are not otherwise available to state agencies for transportation-related projects, for costs incurred in connection with the implementation or operation of the program. Reimbursement for SANDAG’s program-related planning and administrative costs in the operation of the program shall not exceed 3 percent of the revenues. (2) All remaining revenue shall be used in the I-15 corridor exclusively for (A) the improvement of transit service, including, but not limited to, support for transit operations, (B) transportation corridor improvements, and (C) high-occupancy vehicle facilities, and shall not be used for any other purpose. (f) SANDAG, the San Diego Metropolitan Transit Development Board, and the department shall cooperatively develop a single transit capital improvement plan for the I-15 corridor. (Amended by Stats. 2014, Ch. 528, Sec. 1. (AB 2090) Effective January 1, 2015.)
  73. 149.10.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    SANDAG may run a value-pricing and transit development program on State Highway Route 5, set and collect a fee, and authorize certain single-occupant vehicles to use the HOV lanes under stated conditions.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 149.10. (a) Notwithstanding Sections 149 and 30800 of this code, and Section 21655.5 of the Vehicle Code, the San Diego Association of Governments (SANDAG) may conduct, administer, and operate a value pricing and transit development program on the State Highway Route 5 in managed lanes serving as a high-occupancy vehicle expressway. The program, under the circumstances described in subdivision (b), may direct and authorize the entry and use of the State Highway Route 5 high-occupancy vehicle lanes by single-occupant vehicles during peak periods, as defined by SANDAG, for a fee. The amount of the fee shall be established from time to time by SANDAG, and collected in a manner determined by SANDAG. (b) Implementation of the program shall ensure that Level of Service C, as measured by the most recent issue of the Highway Capacity Manual, as adopted by the Transportation Research Board, is maintained at all times in the high-occupancy vehicle lanes, except that subject to a written agreement between the department and SANDAG that is based on operating conditions of the high-occupancy vehicle lanes, Level of Service D shall be permitted on the high-occupancy vehicle lanes. If Level of Service D is permitted, the department and SANDAG shall evaluate the impacts of these levels of service of the high-occupancy vehicle lanes, and indicate any effects on the mixed-flow lanes. Continuance of Level of Service D operating conditions shall be subject to the written agreement between the department and SANDAG. Unrestricted access to the lanes by high-occupancy vehicles shall be available at all times. At least annually, the department shall audit the level of service during peak traffic hours and report the results of that audit at meetings of the program management team. (c) Single-occupant vehicles that are certified or authorized by SANDAG for entry into, and use of, the State Highway Route 5 high-occupancy vehicle lanes are exempt from Section 21655.5 of the Vehicle Code, and the driver shall not be in violation of the Vehicle Code because of that entry and use. (d) SANDAG shall carry out the program in cooperation with the department and shall consult the department in the operation of the project and on matters related to highway design and construction. With the assistance of the department, SANDAG shall establish appropriate traffic flow guidelines for the purpose of ensuring optimal use of the express lanes by high-occupancy vehicles. (e) (1) Agreements between SANDAG, the department, and the Department of the California Highway Patrol shall identify the respective obligations and liabilities of those entities and assign them responsibilities relating to the program. The agreements entered into pursuant to this section shall be consistent with agreements between the department and the United States Department of Transportation relating to this program and shall include clear and concise procedures for enforcement by the Department of the California Highway Patrol of laws prohibiting the unauthorized use of the high-occupancy vehicle lanes. The agreements shall provide for reimbursement of state agencies, from revenues generated by the program, federal funds specifically allocated to SANDAG for the program by the federal government, or other funding sources that are not otherwise available to state agencies for transportation-related projects, for costs incurred in connection with the implementation or operation of the program. Reimbursement for SANDAG’s program-related planning and administrative costs in the operation of the program shall not exceed 3 percent of the revenues. (2) All remaining revenue shall be used in the State Highway Route 5 corridor exclusively for (A) the improvement of transit service, including, but not limited to, construction of transit facilities and support for transit operations, and (B) high-occupancy vehicle facilities. (Added by Stats. 2011, Ch. 535, Sec. 3. (SB 468) Effective January 1, 2012.)
  74. 149.11.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The San Bernardino County Transportation Authority may run a value-pricing program on specified Interstate 10 and Interstate 15 corridors, but it must make a public finding that the program will improve corridor performance before operating it.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 149.11. (a) (1) Notwithstanding Sections 149 and 30800 of this code, and Section 21655.5 of the Vehicle Code, the San Bernardino County Transportation Authority, created pursuant to Section 130806 of the Public Utilities Code, may conduct, administer, and operate a value-pricing program in the Interstate 10 and Interstate 15 corridors in the County of San Bernardino. The value-pricing program may include high-occupancy toll lanes or other toll facilities. The San Bernardino County Transportation Authority may also extend the program to include the approaching and departing connectors on Interstate 10 extending into the County of Los Angeles, as designated by an agreement with the Los Angeles County Metropolitan Transportation Authority, and the connection to the Interstate 15 express lanes project in the County of Riverside, as designated by an agreement with the Riverside County Transportation Commission. The San Bernardino County Transportation Authority may exercise its existing powers of eminent domain pursuant to Section 130220.5 of the Public Utilities Code to acquire property necessary to carry out the purposes of the value-pricing program. (2) The value-pricing program authorized pursuant to paragraph (1) may only be implemented upon a determination that the program and the resulting facilities will improve the performance of the affected corridors. Improved performance may be demonstrated by factors that include, but are not limited to, increased passenger throughput or improved travel times. The San Bernardino County Transportation Authority shall make the determination required by this paragraph in a public meeting prior to operation of the value-pricing program. (3) The San Bernardino County Transportation Authority shall have the authority to set, levy, and collect tolls, user fees, or other similar charges payable for the use of the toll facilities in the County of San Bernardino and any other incidental or related fees or charges, and to collect those revenues, in a manner determined by the San Bernardino County Transportation Authority, in amounts as required for the following expenditures relative to the program and for the purposes of paragraph (4): (A) Development, including the costs of design, construction, right-of-way acquisition, and utilities adjustment. (B) Operations and maintenance, including, but not limited to, insurance, collection, and enforcement of tolls, fees, and charges. (C) Repair, rehabilitation, and reconstruction. (D) Indebtedness incurred and internal loans and advances, including related financial costs. (E) Administration, which shall not exceed 3 percent of the revenues of toll facilities and associated transportation facilities. (F) Reserves for the purposes described in subparagraphs (A) to (E), inclusive. (4) All revenue generated pursuant to paragraph (3) in excess of the expenditure needs of that paragraph shall be used exclusively for the benefit of the transportation corridors included in the value-pricing program created pursuant to this section. These excess revenue expenditures shall be described in an excess revenue expenditure plan developed in consultation with the department and adopted and periodically updated by the board of directors of the San Bernardino County Transportation Authority and may include, but need not be limited to, the following eligible expenditures: (A) Expenditures to enhance transit service designed to reduce traffic congestion within the transportation corridors included in the value-pricing program created pursuant to this section. Eligible expenditures include, but are not limited to, transit operating assistance, the acquisition of transit vehicles, and transit capital improvements otherwise eligible to be funded under the state transportation improvement program pursuant to Section 164. (B) Expenditures to make operational or capacity improvements designed to reduce traffic congestion or improve the flow of traffic in the transportation corridors included in the value-pricing program created pursuant to this section. Eligible expenditures include, but are not limited to, any phase of project delivery to make capital improvements to on ramps, off ramps, connector roads, roadways, bridges, or other structures that are necessary for or related to the tolled or nontolled transportation facilities in the transportation corridors included in the value-pricing program created pursuant to this section. (5) To the extent the San Bernardino County Transportation Authority plans to extend the value-pricing program into the Counties of Los Angeles or Riverside, it shall enter into an agreement with the Los Angeles County Metropolitan Transportation Authority or the Riverside County Transportation Commission, as applicable, subject to approval of the board of directors of the San Bernardino County Transportation Authority and the board of directors of the affected entity. If the value-pricing program developed and operated by the San Bernardino County Transportation Authority connects to, or is near, similar toll facilities constructed and operated by the Los Angeles County Metropolitan Transportation Authority or the Riverside County Transportation Commission, the respective entities shall enter into an agreement providing for the coordination of the toll facilities operated by each entity. (b) (1) The San Bernardino County Transportation Authority shall carry out the program in cooperation with the Department of the California Highway Patrol pursuant to an agreement that addresses all matters related to enforcement on state highway system facilities in connection with the value-pricing program, and with the department pursuant to an agreement that addresses all matters related to the design, construction, maintenance, and operation of state highway system facilities in connection with the value-pricing program, including, but not limited to, financing, repair, rehabilitation, and reconstruction. (2) The San Bernardino County Transportation Authority shall be responsible for reimbursing the department and the Department of the California Highway Patrol for costs related to the toll facility pursuant to an agreement between the San Bernardino County Transportation Authority and the department and between the San Bernardino County Transportation Authority and the Department of the California Highway Patrol. (c) Single-occupant vehicles that are certified or authorized by the San Bernardino County Transportation Authority for entry into, and use of, the high-occupancy toll lanes implemented pursuant to this section are exempt from Section 21655.5 of the Vehicle Code, and the driver shall not be in violation of the Vehicle Code because of that entry and use. (d) (1) The San Bernardino County Transportation Authority may issue bonds at any time to finance any costs necessary to implement the program established pursuant to this section and any expenditures provided for in paragraphs (3) and (4) of subdivision (a), payable from the revenues generated from the program and any other sources of revenues available to the San Bernardino County Transportation Authority that may be used for these purposes, including, but not limited to, sales tax revenue, development impact fees, or state and federal grants. (2) The maximum bonded indebtedness that may be outstanding at any one time shall not exceed an amount that may be serviced from the projected revenues available as described in paragraph (1). (3) The bonds shall bear interest at a rate or rates not exceeding the maximum allowable by law, payable at intervals determined by the San Bernardino County Transportation Authority. (4) Any bond issued pursuant to this subdivision shall contain on its face a statement to the following effect: “Neither the full faith and credit nor the taxing power of the State of California is pledged to the payment of principal of, or interest on, this bond.” (5) Bonds shall be issued pursuant to a resolution of the governing board of the San Bernardino County Transportation Authority adopted by a majority vote of its governing board. The resolution or bond authorizing instrument shall state all of the following: (A) The purposes for which the proposed debt is to be incurred. (B) The estimated cost of accomplishing those purposes. (C) The amount of the principal of the indebtedness. (D) The maximum term of the bonds and the maximum interest rate. (E) The denomination or denominations of the bonds, which shall not be less than five thousand dollars ($5,000). (F) The form of the bonds. (e) Not later than three years after either the San Bernardino County Transportation Commission or the San Bernardino County Transportation Authority first collects revenues from the program authorized by this section, the San Bernardino County Transportation Authority shall submit a report to the Legislative Analyst on its findings, conclusions, and recommendations concerning the program. The report shall include an analysis of the effect of the transportation facilities on the adjacent mixed-flow lanes and any comments submitted by the department and the Department of the California Highway Patrol regarding operation of the transportation facilities. (f) This section shall not prevent the department or any local agency from constructing improvements in the transportation corridors that compete with the program, and the San Bernardino County Transportation Authority shall not be entitled to compensation for the adverse effects on toll revenue due to those competing improvements. (g) If any provision of this section or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this extent the provisions are severable. (h) Nothing in this section shall authorize the conversion of any existing nontoll or nonuser-fee lanes into tolled or user-fee lanes, except that a high-occupancy vehicle lane may be converted into a high-occupancy toll lane. (Amended by Stats. 2016, Ch. 216, Sec. 9. (SB 1305) Effective January 1, 2017.)
  75. 149.12.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    Creates the Highway Toll Account in the State Transportation Fund and directs how certain toll-related funds in it may be used.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 149.12. The Highway Toll Account is hereby created in the State Transportation Fund for the management of funds received by the department for toll facilities authorized pursuant to Section 149.7 and operated by the department. Notwithstanding Section 13340 of the Government Code, moneys in the Highway Toll Account designated and necessary for the payment of any debt service associated with a toll facility project shall be continuously appropriated, without regard to fiscal year, to the department for the purposes described in subparagraph (A) of paragraph (4) of subdivision (e) of Section 149.7. All other moneys deposited in the Highway Toll Account that are derived from premium and accrued interest on bonds sold pursuant to Section 149.7 shall be reserved in the account and shall be available for expenditure, upon appropriation by the Legislature, as specified in subdivision (e) of Section 149.7. Pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code, the cost of bond issuance shall be paid out of the bond proceeds, including premium, if any. (Added by Stats. 2015, Ch. 687, Sec. 3. (AB 194) Effective January 1, 2016.)
  76. 149.13.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    VTA may apply to the commission to run certain highway facilities or programs if SFCTA approves first.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 149.13. (a) VTA may apply to the commission pursuant to Section 149.7 to conduct, administer, and operate any facility or program described in subdivision (a) of that section to be located on State Highway Route 101 and the portion of State Highway Route 280 north of its junction with State Highway Route 101, or any portion thereof, in the City and County of San Francisco if SFCTA approves the facility or program before VTA submits an application to approve the facility or program to the commission pursuant to Section 149.7. (b) If the commission approves VTA’s application to conduct, administer, and operate a facility or program located on any portion of state highway described in subdivision (a), all of the following shall apply: (1) The facility or program approved by the commission shall be subject to all of the provisions of Section 149.7 except to the extent that those provisions are inconsistent with paragraphs (2) to (5), inclusive. (2) VTA shall conduct, administer, and operate the program in coordination with SFCTA. (3) SFCTA shall develop the expenditure plan described in paragraph (5) of subdivision (e) of Section 149.7 in collaboration with the department and VTA. (4) The governing board of SFCTA shall review and approve the expenditure plan described in paragraph (5) of subdivision (e) of Section 149.7 and any updates. (5) The remaining revenue shall be used to benefit the corridor from which it was generated pursuant to the expenditure plan. (c) For purposes of this section, the following terms shall apply: (1) “SFCTA” means the San Francisco County Transportation Authority. (2) “VTA” means the Santa Clara Valley Transportation Authority created by the Santa Clara Valley Transportation Authority Act (Part 12 (commencing with Section 100000) of Division 10 of the Public Utilities Code). (Added by Stats. 2018, Ch. 501, Sec. 2. (AB 2865) Effective January 1, 2019.)
  77. 149.2.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department must report to legislative transportation policy committees by January 1, 2020 about whether restricting HOV lanes to high-occupancy and eligible vehicles during heavy commuter traffic would be feasible and appropriate.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 149.2. (a) The department shall report to the transportation policy committees of the Legislature, in compliance with Section 9795 of the Government Code, on or before January 1, 2020, on the feasibility and appropriateness of limiting the use of high-occupancy vehicle lanes to high-occupancy vehicles and eligible vehicles only during the hours of heavy commuter traffic on both State Route 91 between Interstate 15 and Interstate 215 in the County of Riverside, and State Route 60 in the County of Riverside. (b) For purposes of this section, “eligible vehicle” means a vehicle listed by the State Air Resources Board as eligible for a Clean Air Vehicle decal. (c) The requirement for submitting a report imposed under subdivision (a) is inoperative on January 1, 2024, pursuant to Section 10231.5 of the Government Code. (Added by Stats. 2018, Ch. 468, Sec. 1. (AB 91) Effective January 1, 2019.)
  78. 149.20.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The director and the department must adopt transit-related policy and guidance by specific dates.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 149.20. (a) On or before January 1, 2026, the director shall adopt a transit policy to guide the implementation of transit priority facilities and transit stops on the state highway system. (b) The policy described in subdivision (a) shall be developed in consultation with relevant stakeholders, including, but not limited to, transit operators, local governments, regional transportation planning agencies, and transit advocacy organizations. (c) On or before January 1, 2027, the department shall adopt guidance that does both of the following: (1) Defines transit performance measures. (2) Identifies specific responsibilities for the department’s programs, divisions, districts, and offices in supporting the reliable, predictable, and fast movement of transit vehicles on the state highway system. (d) On or before July 1, 2028, the department shall adopt design guidance for transit priority facilities. (Added by Stats. 2024, Ch. 630, Sec. 5. (SB 960) Effective January 1, 2025.)
  79. 149.3.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The Department of Transportation may build exclusive or preferential lane facilities if it has a cooperative agreement with a public or private mass transit agency.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 149.3. The department may undertake the construction of exclusive or preferential lane facilities pursuant to a cooperative agreement with any public or private agency that provides mass transit services. Such cooperative agreement shall establish such geometric design standards, scheduling, reservations, restrictions, and conditions as the department deems necessary or desirable. Provisions may also be made for electrification or use of other power sources under such terms and conditions as the department deems necessary to accomplish the objectives of this section. Additionally, any such agreement shall provide for the payment of compensation where required by other provisions of law or where otherwise deemed appropriate. (Added by Stats. 1974, Ch. 773.)
  80. 149.4.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    SANDAG may run a value-pricing and transit-development demo program on up to two San Diego County corridors, set fees, issue bonds, and authorize certain single-occupant vehicle use of HOV lanes under stated conditions.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 149.4. (a) (1) Notwithstanding Sections 149 and 30800 of this code, and Section 21655.5 of the Vehicle Code, the San Diego Association of Governments (SANDAG) may conduct, administer, and operate a value pricing and transit development demonstration program on a maximum of two transportation corridors in San Diego County. (2) The program, under the circumstances described in subdivision (b), may direct and authorize the entry and use of high-occupancy vehicle lanes in corridors identified in paragraph (1) by single-occupant vehicles during peak periods, as defined by SANDAG, for a fee. The amount of the fee shall be established from time to time by SANDAG, and collected in a manner determined by SANDAG. A high-occupancy vehicle lane may only be operated as a high-occupancy toll (HOT) lane during the hours that the lane is otherwise restricted to use by high-occupancy vehicles. (b) With the consent of the department, SANDAG shall establish appropriate performance measures, such as speed or travel times, for the purpose of ensuring optimal use of the HOT lanes by high-occupancy vehicles without adversely affecting other traffic on the state highway system. Unrestricted access to the lanes by high-occupancy vehicles shall be available at all times, except that those high-occupancy vehicles may be required to have an electronic transponder or other electronic device for enforcement purposes. At least annually, the department shall audit the performance during peak traffic hours and report the results of that audit at meetings of the program management team. (c) Single-occupant vehicles that are certified or authorized by SANDAG for entry into, and use of, the high-occupancy vehicle lanes identified in paragraph (1) of subdivision (a) are exempt from Section 21655.5 of the Vehicle Code, and the driver shall not be in violation of the Vehicle Code because of that entry and use. (d) SANDAG shall carry out the program in cooperation with the department pursuant to an agreement that addresses all matters related to design, construction, maintenance, and operation of state highway system facilities in connection with the value pricing and transit development demonstration program. (e) (1) Agreements between SANDAG, the department, and the Department of the California Highway Patrol shall identify the respective obligations and liabilities of those entities and assign them responsibilities relating to the program. The agreements entered into pursuant to this section shall be consistent with agreements between the department and the United States Department of Transportation relating to this program and shall include clear and concise procedures for enforcement by the Department of the California Highway Patrol of laws prohibiting the unauthorized use of the high-occupancy vehicle lanes. The agreements shall provide for reimbursement of state agencies, from revenues generated by the program, federal funds specifically allocated to SANDAG for the program by the federal government, or other funding sources that are not otherwise available to state agencies for transportation-related projects, for costs incurred in connection with the implementation or operation of the program. (2) The revenue generated from the program shall be available to SANDAG for the direct expenses related to the operation (including collection and enforcement), maintenance, and administration of the demonstration program. Administrative expenses shall not exceed 3 percent of the revenues. (3) All remaining revenue generated by the demonstration program shall be used in the corridor from which the revenue was generated exclusively for preconstruction, construction, and other related costs of high-occupancy vehicle facilities, transportation corridor improvements, and the improvement of transit service, including, but not limited to, support for transit operations pursuant to an expenditure plan adopted by SANDAG. (f) (1) SANDAG may issue bonds at any time to finance any costs necessary to implement the value pricing program established pursuant to subdivision (a) and any expenditures as may be provided for in the expenditure plan adopted pursuant to paragraph (3) of subdivision (e), payable from the revenues generated from the program. (2) The maximum bonded indebtedness that may be outstanding at any one time shall not exceed an amount that may be serviced from the estimated revenues generated from the program. (3) The bonds shall bear interest at a rate or rates not exceeding the maximum allowable by law, payable at intervals determined by SANDAG. (4) Any bond issued pursuant to this subdivision shall contain on its face a statement to the following effect: “Neither the full faith and credit nor the taxing power of the State of California is pledged to the payment of principal of, as the interest of this bond.” (5) Bonds shall be issued pursuant to a resolution of SANDAG adopted by a two-thirds vote of its governing board. The resolution shall state all of the following: (A) The purposes for which the proposed debt is to be incurred. (B) The estimated cost of accomplishing those purposes. (C) The amount of the principal of the indebtedness. (D) The maximum term of the bonds and the interest rate. (E) The denomination or denominations of the bonds, which shall not be less than five thousand dollars ($5,000). (F) The form of the bonds. (g) Not later than three years after SANDAG first collects revenues from any of the projects described in paragraph (1) of subdivision (a), SANDAG shall submit a report to the Legislature on its findings, conclusions, and recommendations concerning the demonstration program authorized by this section. The report shall include an analysis of the effect of the HOT lanes on the adjacent mixed-flow lanes and any comments submitted by the department and the Department of the California Highway Patrol regarding operation of the lane. (Amended by Stats. 2014, Ch. 528, Sec. 2. (AB 2090) Effective January 1, 2015.)
  81. 149.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    This section lets specified transportation agencies run a value-pricing high-occupancy vehicle program on listed highway corridors, sets operating conditions, and requires reporting, auditing, revenue allocation, and bond-related rules.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 149.5. (a) (1) (A) Notwithstanding Sections 149 and 30800 of this code, and Section 21655.5 of the Vehicle Code, the Sunol Smart Carpool Lane Joint Powers Authority (SSCLJPA) or the Alameda County Transportation Commission may conduct, administer, and operate a value pricing high-occupancy vehicle program on the Sunol Grade segment of State Highway Route 680 (Interstate 680) in the County of Alameda and the Alameda County Transportation Commission may conduct, administer, and operate a program on a corridor within the County of Alameda for a maximum of two transportation corridors in the County of Alameda pursuant to this section in coordination with the Metropolitan Transportation Commission and consistent with Section 21655.6 of the Vehicle Code. (B) Notwithstanding Sections 149 and 30800 of this code, and Section 21655.5 of the Vehicle Code, the SSCLJPA or the Santa Clara Valley Transportation Authority may conduct, administer, and operate a value pricing high-occupancy vehicle program on the Sunol Grade segment of State Highway Route 680 (Interstate 680) in the County of Santa Clara pursuant to this section. (2) The program, under the circumstances described in subdivision (b), may direct and authorize the entry and use of the high-occupancy vehicle lanes in the corridors identified in paragraph (1) by single-occupant vehicles for a fee. The fee structure for each corridor shall be established from time to time by the administering agency. A high-occupancy vehicle lane may only be operated as a high-occupancy toll (HOT) lane during the hours that the lane is otherwise restricted to use by high-occupancy vehicles. (3) The administering agency for each corridor shall enter into a cooperative agreement with the Bay Area Toll Authority to operate and manage the electronic toll collection system. (b) Implementation of the program shall ensure that Level of Service C, as measured by the most recent issue of the Highway Capacity Manual, as adopted by the Transportation Research Board, is maintained at all times in the high-occupancy vehicle lanes, except that, subject to a written agreement between the department and the administering agency that is based on operating conditions of the high-occupancy vehicle lanes, Level of Service D shall be permitted on the high-occupancy vehicle lanes. If Level of Service D is permitted, the department and the administering agency shall evaluate the impacts of these levels of service on the high-occupancy vehicle lanes, and indicate any effects on the mixed-flow lanes. Continuance of Level of Service D operating conditions shall be subject to the written agreement between the department and the administering agency. Unrestricted access to the lanes by high-occupancy vehicles shall be available at all times, except that the program may require a high-occupancy vehicle to have an electronic transponder or other electronic device for law enforcement purposes. At least annually, the department shall audit the level of service during peak traffic hours and report the results of that audit at meetings of the administering agency. (c) Single-occupant vehicles that are certified or authorized by the administering agency for entry into, and use of, the high-occupancy vehicle lanes identified in paragraph (1) of subdivision (a) are exempt from Section 21655.5 of the Vehicle Code, and the driver shall not be in violation of the Vehicle Code because of that entry and use. (d) The administering agency shall carry out the program in cooperation with the department pursuant to a cooperative agreement that addresses all matters related to design, construction, maintenance, and operation of state highway system facilities in connection with the value pricing high-occupancy vehicle program. With the assistance of the department, the administering agency shall establish appropriate traffic flow guidelines for the purpose of ensuring optimal use of the high-occupancy toll lanes by high-occupancy vehicles without adversely affecting other traffic on the state highway system. (e) (1) Agreements between the administering agency, the department, and the Department of the California Highway Patrol shall identify the respective obligations and liabilities of those entities and assign them responsibilities relating to the program. The agreements entered into pursuant to this section shall be consistent with agreements between the department and the United States Department of Transportation relating to programs of this nature. The agreements shall include clear and concise procedures for enforcement by the Department of the California Highway Patrol of laws prohibiting the unauthorized use of the high-occupancy vehicle lanes, which may include the use of video enforcement. The agreements shall provide for reimbursement of state agencies, from revenues generated by the program, or other funding sources that are not otherwise available to state agencies for transportation-related projects, for costs incurred in connection with the implementation or operation of the program. (2) The revenue generated from the program shall be available to the administering agency for the direct expenses related to the operation (including collection and enforcement), maintenance, construction, and administration of the program. Administrative expenses shall not exceed 3 percent of the revenues. (3) All net revenue generated by the program that remains after payment of direct expenses pursuant to paragraph (2) shall be allocated pursuant to an expenditure plan adopted biennially by the administering agency for transportation purposes within the program area. The expenditure plan may include funding for the following: (A) The construction of high-occupancy vehicle facilities, including the design, preconstruction, construction, and other related costs of the northbound Interstate 680 Sunol Smart Carpool Lane project. (B) Transit capital and operations that directly serve the authorized corridors. (f) (1) The administering agency may issue bonds, refunding bonds, or bond anticipation notes, at any time to finance construction and construction-related expenditures of programs adopted pursuant to subdivision (a) and construction and construction-related expenditures that are included in the expenditure plan adopted pursuant to paragraph (3) of subdivision (e), payable solely from the revenues generated from the respective programs. (2) The maximum bonded indebtedness that may be outstanding at any one time shall be an amount equal to the sum of the principal of, and interest on, the bonds, but not to exceed the estimated revenues generated from the respective programs. (3) Bonds shall be issued pursuant to a resolution adopted by a two-thirds vote of the governing board of the administering agency. The resolution shall state all of the following: (A) The purposes for which the proposed debt is to be incurred. (B) The estimated cost of accomplishing those purposes. (C) The amount of the principal of the indebtedness. (D) The maximum term the bonds proposed to be issued shall run before maturity. (E) The maximum rate of interest to be paid, which shall not exceed the maximum allowable by law. (F) The denomination or denominations of the bonds, which shall not be less than five thousand dollars ($5,000). (G) The form of the bonds, including, without limitation, registered bonds and coupon bonds, to the extent permitted by federal law, the registration, conversion, and exchange privileges, if any pertaining thereto, and the time when all of, or any part of, the principal becomes due and payable. (H) Any other matters authorized by law. (4) The bonds shall bear interest at a rate or rates not exceeding the maximum allowable by law, payable at intervals determined by the administering agency. (5) The full amount of bonds may be divided into two or more series and different dates of payment fixed for the bonds of each series. A bond shall not be required to mature on its anniversary date. (6) Any bond issued pursuant to this subdivision shall contain on its face a statement to the following effect: “Neither the full faith and credit nor the taxing power of the State of California is pledged to the payment of principal of, or the interest on, this bond.” (g) Not later than three years after the administering agency first collects revenues from the program authorized by this section, the administering agency shall submit a report to the Legislature on its findings, conclusions, and recommendations concerning the demonstration program authorized by this section. The report shall include an analysis of the effect of the HOT lanes on the adjacent mixed-flow lanes and any comments submitted by the department and the Department of the California Highway Patrol regarding operation of the lane. (Amended by Stats. 2023, Ch. 219, Sec. 3. (SB 891) Effective January 1, 2024.)
  82. 149.6.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    VTA may run certain value pricing programs and HOT lanes, but must follow coordination, reporting, audit, revenue-use, and bond conditions.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 149.6. (a) Notwithstanding Sections 149, 149.7, and 30800, and Section 21655.5 of the Vehicle Code, the Santa Clara Valley Transportation Authority (VTA) created by the Santa Clara Valley Transportation Authority Act (Part 12 (commencing with Section 100000) of Division 10 of the Public Utilities Code) may conduct, administer, and operate a value pricing program on any two of the transportation corridors included in the high-occupancy vehicle lane system in the County of Santa Clara in coordination with the Metropolitan Transportation Commission and consistent with Section 21655.6 of the Vehicle Code. (b) Notwithstanding Sections 149, 149.7 and 30800, and Section 21655.5 of the Vehicle Code, VTA may conduct, administer, and operate a value pricing program on State Highway Route 101 in San Mateo County in coordination with the City/County Association of Governments of San Mateo County and with the San Mateo County Transportation Authority and consistent with Section 21655.6 of the Vehicle Code. (c) (1) VTA, under the circumstances described in subdivisions (a) and (b), may direct and authorize the entry and use of those high-occupancy vehicle lanes by single-occupant vehicles for a fee. The fee structure shall be established from time to time by VTA. A high-occupancy vehicle lane may only be operated as a high-occupancy toll (HOT) lane during the hours that the lane is otherwise restricted to use by high-occupancy vehicles. (2) VTA shall enter into a cooperative agreement with the Bay Area Toll Authority to operate and manage the electronic toll collection system. (d) With the consent of the department, VTA shall establish appropriate performance measures, such as speed or travel times, for the purpose of ensuring optimal use of the HOT lanes by high-occupancy vehicles without adversely affecting other traffic on the state highway system. Unrestricted access to the lanes by high-occupancy vehicles shall be available at all times, except that those high-occupancy vehicles may be required to have an electronic transponder or other electronic device for enforcement purposes. At least annually, the department shall audit the performance during peak traffic hours and report the results of that audit at meetings of the program management team. (e) Single-occupant vehicles that are certified or authorized by VTA for entry into, and use of, the high-occupancy vehicle lanes in the County of Santa Clara and San Mateo County are exempt from Section 21655.5 of the Vehicle Code, and the driver shall not be in violation of the Vehicle Code because of that entry and use. (f) VTA shall carry out a value pricing program established pursuant to this section in cooperation with the department pursuant to an agreement that addresses all matters related to design, construction, maintenance, and operation of state highway system facilities in connection with the value pricing program. An agreement to carry out the program authorized pursuant to subdivision (b) shall be subject to the review and approval by the City/County Association of Governments of San Mateo County and the San Mateo County Transportation Authority. (g) (1) Agreements between VTA, the department, and the Department of the California Highway Patrol shall identify the respective obligations and liabilities of those entities and assign them responsibilities relating to the program. The agreements entered into pursuant to this section shall be consistent with agreements between the department and the United States Department of Transportation relating to this program. The agreements shall include clear and concise procedures for enforcement by the Department of the California Highway Patrol of laws prohibiting the unauthorized use of the high-occupancy vehicle lanes, which may include the use of video enforcement. The agreements shall provide for reimbursement of the department and the Department of the California Highway Patrol for their costs related to the toll facility. (2) The revenues generated by the program shall be available to VTA for the direct expenses related to the operation, including collection and enforcement, maintenance, construction, and administration of the program. VTA’s administrative costs in the operation of the program shall not exceed 3 percent of the revenues. (3) (A) For a value pricing program established pursuant to subdivision (a), all remaining revenue generated by the program after expenditures made pursuant to paragraph (2) shall be used in the corridor from which the revenues were generated exclusively for the preconstruction, construction, and other related costs of high-occupancy vehicle facilities, transportation corridor improvements, and the improvement of transit service, including, but not limited to, support for transit operations pursuant to an expenditure plan adopted by VTA. (B) For a value pricing program established pursuant to subdivision (b), all remaining revenue generated by the program after expenditures made pursuant to paragraph (2) shall be used in the corridor from which the revenues were generated or used for projects that benefit the corridor for the preconstruction, construction, and other related costs of high-occupancy vehicle facilities, transportation corridor improvements, and the improvement of transit service, including, but not limited to, support for transit operations pursuant to an expenditure plan adopted by the City/County Association of Governments of San Mateo County and the San Mateo County Transportation Authority. (h) (1) VTA may issue bonds, refunding bonds, or bond anticipation notes, at any time to finance construction and construction-related expenditures necessary to implement a value pricing program established pursuant to subdivision (a) or (b) and construction and construction-related expenditures that are provided for in an expenditure plan adopted pursuant to paragraph (3) of subdivision (g), payable from the revenues generated from the program. (2) The maximum bonded indebtedness that may be outstanding at any one time shall not exceed an amount that may be serviced from the estimated revenues generated from the program. (3) The bonds shall bear interest at a rate or rates not exceeding the maximum allowable by law, payable at intervals determined by VTA. (4) Any bond issued pursuant to this subdivision shall contain on its face a statement to the following effect: “Neither the full faith and credit nor the taxing power of the State of California is pledged to the payment of principal of, or the interest on, this bond.” (5) Bonds shall be issued pursuant to a resolution of VTA adopted by a two-thirds vote of its governing board. The resolution shall state all of the following: (A) The purposes for which the proposed debt is to be incurred. (B) The estimated cost of accomplishing those purposes. (C) The amount of the principal of the indebtedness. (D) The maximum term of the bonds and the interest rate. (E) The denomination or denominations of the bonds, which shall not be less than five thousand dollars ($5,000). (F) The form of the bonds, including, without limitation, registered bonds and coupon bonds, to the extent permitted by federal law, the registration, conversion, and exchange privileges, if applicable, and the time when all of, or any part of, the principal becomes due and payable. (G) Any other matters authorized by law. (6) The full amount of bonds may be divided into two or more series and different dates of payment fixed for the bonds of each series. A bond shall not be required to mature on its anniversary date. (i) Not later than three years after VTA first collects revenues from any of the projects described in paragraph (1) of subdivision (c), VTA shall submit a report to the Legislature on its findings, conclusions, and recommendations concerning the demonstration program authorized by this section. The report shall include an analysis of the effect of the HOT lanes on adjacent mixed-flow lanes and any comments submitted by the department and the Department of the California Highway Patrol regarding operation of the lanes. (Amended by Stats. 2019, Ch. 497, Sec. 263. (AB 991) Effective January 1, 2020.)
  83. 149.7.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    This section lets a regional transportation agency or the department apply to the commission to develop and operate toll facilities, but applications must be reviewed and approved under commission guidelines.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 149.7. (a) Notwithstanding Sections 149 and 30800, a regional transportation agency, as defined in subdivision (k), or the department may apply to the commission to develop and operate high-occupancy toll lanes or other toll facilities, including the administration and operation of a value pricing program and exclusive or preferential lane facilities for public transit or freight. (b) Each application for the development and operation of the toll facilities described in subdivision (a) shall be subject to review and approval by the commission pursuant to eligibility criteria set forth in guidelines established by the commission. Prior to approving an application, the commission shall conduct at least one public hearing at or near the proposed toll facility for the purpose of receiving public comment. Upon approval of an application, the regional transportation agency or the department may develop and operate the toll facility proposed in the application. (c) The eligibility criteria set forth in the guidelines established by the commission pursuant to subdivision (b) shall include, at a minimum, all of the following: (1) A demonstration that the proposed toll facility will improve the corridor’s performance by, for example, increasing passenger throughput or reducing delays for freight shipments and travelers, especially those traveling by carpool, vanpool, and transit. (2) A requirement that the proposed toll facility is contained in the constrained portion of a conforming regional transportation plan prepared pursuant to Section 65080 of the Government Code. (3) Evidence of cooperation between the applicable regional transportation agency and the department. (4) A discussion of how the proposed toll facility meets the requirements of this section. (5) A requirement that a project initiation document has been completed for the proposed toll facility. (6) A demonstration that a complete funding plan has been prepared. (d) A regional transportation agency that applies to the commission to develop and operate toll facilities pursuant to this section shall reimburse the commission for all of the commission’s costs and expenses incurred in processing the application. (e) Toll facilities approved by the commission on or after January 1, 2016, pursuant to this section, shall be subject to the following minimum requirements: (1) A regional transportation agency sponsoring a toll facility shall enter into an agreement with the Department of the California Highway Patrol that addresses all law enforcement matters related to the toll facility and an agreement with the department that addresses all matters related to design, construction, maintenance, and operation of the toll facility, including, but not limited to, liability, financing, repair, rehabilitation, and reconstruction. (2) A regional transportation agency sponsoring a toll facility shall be responsible for reimbursing the department and the Department of the California Highway Patrol for their costs related to the toll facility pursuant to an agreement between the agency and the department and an agreement between the agency and the Department of the California Highway Patrol. (3) The sponsoring agency shall be responsible for establishing, collecting, and administering tolls, and may include discounts and premiums for the use of the toll facility. (4) The revenue generated from the operation of the toll facility shall be available to the sponsoring agency for the direct expenses related to the following: (A) Debt issued to construct, repair, rehabilitate, or reconstruct any portion of the toll facility, payment of debt service, and satisfaction of other covenants and obligations related to indebtedness of the toll facility. (B) The development, maintenance, repair, rehabilitation, improvement, reconstruction, administration, and operation of the toll facility, including toll collection and enforcement. (C) Reserves for the purposes specified in subparagraphs (A) and (B). (5) All remaining revenue generated by the toll facility shall be used in the corridor from which the revenue was generated pursuant to an expenditure plan developed by the sponsoring agency, as follows: (A) (i) For a toll facility sponsored by a regional transportation agency, the regional transportation agency shall develop the expenditure plan in consultation with the department. (ii) For a toll facility sponsored by the department, the department shall develop the expenditure plan in consultation with the applicable regional transportation agency. (B) (i) For a toll facility sponsored by a regional transportation agency, the governing board of the regional transportation agency shall review and approve the expenditure plan and any updates. (ii) For a toll facility sponsored by the department, the commission shall review and approve the expenditure plan and any updates. (6) The sponsoring agency’s administrative expenses related to operation of a toll facility shall not exceed 3 percent of the toll revenues. (f) For any project under this section involving the conversion of an existing high-occupancy vehicle lane to a high-occupancy toll lane, the sponsoring agency shall demonstrate that the project will, at a minimum, result in expanded efficiency of the corridor in terms of travel time reliability, passenger throughput, or other efficiency benefit. (g) This section shall not prevent the construction of facilities that compete with a toll facility approved by the commission pursuant to this section, and the sponsoring agency shall not be entitled to compensation for the adverse effects on toll revenue due to those competing facilities. (h) A sponsoring agency that develops or operates a toll facility pursuant to this section shall provide any information or data requested by the commission or the Legislative Analyst. The commission, in cooperation with the Legislative Analyst, shall annually prepare a summary report on the progress of the development and operation of any toll facilities authorized pursuant to this section. The commission may submit this report as a section in its annual report to the Legislature required pursuant to Section 14535 of the Government Code. (i) (1) A regional transportation agency may issue bonds, refunding bonds, or bond anticipation notes, at any time, to finance construction of, and construction-related expenditures for, a toll facility approved pursuant to this section, and construction and construction-related expenditures that are included in the expenditure plan adopted pursuant to paragraph (5) of subdivision (e), payable from the revenues generated from the toll facility. The bonds, refunding bonds, and bond anticipation notes shall bear such interest rates and other features and terms as the regional transportation agency shall approve and may be sold by the regional transportation agency at public or private sale. (2) A bond, refunding bond, or bond anticipation note issued pursuant to this subdivision shall contain on its face a statement to the following effect: “Neither the full faith and credit nor the taxing power of the State of California is pledged to the payment of principal of, or the interest on, this instrument.” (3) Bonds, refunding bonds, and bond anticipation notes issued pursuant to this subdivision are legal investments for all trust funds, the funds of all insurance companies, banks, trust companies, executors, administrators, trustees, and other fiduciaries. (4) Interest earned on any bonds, refunding bonds, and bond anticipation notes issued pursuant to this subdivision shall at all times be free from state personal income tax and corporate income tax. (5) (A) For a toll facility operated by the department, the California Infrastructure and Economic Development Bank or the Treasurer may issue bonds, refunding bonds, or bond anticipation notes, at any time, to finance development, construction, or reconstruction of, and construction-related expenditures for, a toll facility approved pursuant to this section and construction and construction-related expenditures that are included in the expenditure plan adopted pursuant to paragraph (5) of subdivision (e), payable solely from the toll revenue and ancillary revenues generated from the toll facility. (B) This subdivision shall be deemed to provide all necessary state law authority for purposes of Section 63024.5 of the Government Code. (j) (1) Before submitting an application pursuant to subdivision (a), a regional transportation agency shall consult with every local transportation authority designated pursuant to Division 12.5 (commencing with Section 131000) or Division 19 (commencing with Section 180000) of the Public Utilities Code and every congestion management agency whose jurisdiction includes the toll facility that the regional transportation agency proposes to develop and operate. (2) A regional transportation agency shall give a local transportation authority or congestion management agency described in paragraph (1) the option to enter into agreements, as needed, for project development, engineering, financial studies, and environmental documentation for each construction project or segment that is part of the toll facility. The local transportation authority or congestion management agency may be the lead agency for these construction projects or segments. (k) Notwithstanding Section 143, for purposes of this section, “regional transportation agency” means any of the following: (1) A transportation planning agency described in Section 29532 or 29532.1 of the Government Code. (2) A county transportation commission established under Section 130050, 130050.1, or 130050.2 of the Public Utilities Code. (3) Any other local or regional transportation entity that is designated by statute as a regional transportation agency. (4) A joint exercise of powers authority established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, with the consent of a transportation planning agency or a county transportation commission for the jurisdiction in which the transportation project will be developed. (5) The Santa Clara Valley Transportation Authority established pursuant to Part 12 (commencing with Section 100000) of Division 10 of the Public Utilities Code. (l) A regional transportation agency or the department may require any vehicle accessing a toll facility authorized under this section to have an electronic toll collection transponder or other electronic device for enforcement or tolling purposes. (m) Nothing in this section shall authorize or prohibit the conversion of any existing nontoll or nonuser-fee lanes into tolled or user-fee lanes, except that a high-occupancy vehicle lane may be converted into a high-occupancy toll lane. (n) Nothing in this section shall apply to, modify, limit, or otherwise restrict the authority of any joint powers authority described in Section 66484.3 of the Government Code to establish or collect tolls or otherwise operate any toll facility or modify or expand a toll facility. (Amended by Stats. 2015, Ch. 687, Sec. 2. (AB 194) Effective January 1, 2016.)
  84. 149.8.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The Riverside County Transportation Commission may operate HOT lanes on State Highway Route 15, charge tolls and related fees, issue bonds, and must provide public review periods and annual updates.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 149.8. (a) Pursuant to Section 149.7, the Legislature hereby authorizes a value pricing and transit program involving high-occupancy toll (HOT) lanes to be developed and operated on State Highway Route 15 in Riverside County by the Riverside County Transportation Commission, as one of two toll lane projects in southern California authorized by subdivision (c) of Section 149.7. (b) The Riverside County Transportation Commission shall carry out the program in cooperation with the department pursuant to a cooperative agreement that addresses all matters related to design, construction, maintenance, and operation of state highway program facilities in connection with the value pricing and transit program. With the assistance of the department, the Riverside County Transportation Commission shall establish appropriate traffic flow guidelines for the purpose of ensuring optimal use of the express lanes by high-occupancy vehicles without adversely affecting other traffic on the state highway system. The commission shall operate the HOT lane facilities in a manner consistent with the minimum level of service standards established in subdivision (b) of Sections 149.4, 149.5, and 149.6. (c) (1) Pursuant to Section 149.7, the Riverside County Transportation Commission shall have the authority to set, levy, and collect tolls, user fees, or other similar charges payable for the use of the State Highway Route 15 HOT lanes, and any other incidental or related fees or charges, in amounts as required for the following expenditures relative to State Highway Route 15 and for purposes of paragraph (2): (A) Capital outlay, including the costs of design, construction, right-of-way acquisition, and utility adjustment. (B) Operations and maintenance, including, but not limited to, toll collection and enforcement. (C) Repair and rehabilitation. (D) Indebtedness incurred, including related financing costs. (E) Reserves. (F) Administration, which shall not exceed 3 percent of toll and associated facility revenues. (2) Excess toll revenues beyond the expenditure needs of paragraph (1) may be expended for the following purposes: (A) To enhance transit service designed to reduce traffic congestion on State Highway Route 15 or to expand travel options along the State Highway Route 15 corridor. Eligible expenditures include, but are not limited to, transit operating assistance, the acquisition of transit vehicles, and the transit capital improvements otherwise eligible to be funded under the state transportation improvement program pursuant to Section 164. (B) To make operational or capacity improvements designed to reduce congestion or improve the flow of traffic on State Highway Route 15. Eligible expenditures may include any phase of project delivery to make capital improvements to onramps, connector roads, roadways, bridges, or other structures that are related to the tolled or nontolled facilities on State Highway Route 15. (3) The Riverside County Transportation Commission is authorized to issue bonds to finance the costs of the HOT lane facilities on State Highway Route 15, including the costs of issuing the bonds and paying credit enhancement and other fees related to the bonds, which bonds are payable from the tolls authorized in paragraph (1), and any other sources of revenue available to the Riverside County Transportation Commission that may be used for these purposes, including, but not limited to, sales tax revenue, development impact fees, or state and federal grant funds. The bonds may be sold pursuant to the terms and conditions set forth in a resolution adopted by the governing board of the Riverside County Transportation Commission. Bonds shall be issued pursuant to a resolution adopted by a two-thirds vote of the governing board. Any bond issued pursuant to this paragraph shall not constitute a debt or liability of the state and shall contain on its face a statement to the following effect: “Neither the full faith and credit nor the taxing power of the State of California is pledged to the payment of principal or interest of this bond.” (4) The Riverside County Transportation Commission shall make available for public review and comment the proposed toll schedule, or any changes to the schedule, a minimum of 30 days prior to its adoption by the Riverside County Transportation Commission. (d) The Riverside County Transportation Commission, in consultation with the department, shall issue a plan of transportation improvements for the State Highway Route 15 corridor, which shall include projected costs, the use of toll revenues, and a proposed completion schedule. This plan shall be updated annually. The plan and each annual update shall be made available for public review and comment no less than 30 days prior to its adoption by the Riverside County Transportation Commission. (e) This section shall not prevent the department or any local agency from constructing facilities within the State Highway Route 15 corridor that compete with the HOT lane transportation project, and in no event shall the Riverside County Transportation Commission be entitled to compensation for the adverse effects on toll revenue due to those facilities. (f) If any provision of this section or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this extent the provisions of this section are severable. (Added by Stats. 2008, Ch. 421, Sec. 2. Effective January 1, 2009.)
  85. 149.9.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    LACMTA may run a HOT-lane/value-pricing program on State Highway Routes 10 and 110, but it must work with state authorities, meet reporting duties, and keep certain administrative costs under 3% of program revenues.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 149.9. (a) Notwithstanding Sections 149 and 30800 of this code, and Section 21655.5 of the Vehicle Code, the Los Angeles County Metropolitan Transportation Authority (LACMTA) may conduct, administer, and operate a value-pricing and transit development program involving high-occupancy toll (HOT) lanes on State Highway Routes 10 and 110 in the County of Los Angeles. LACMTA, with the consent of the department, may direct and authorize the entry and use of the State Highway Routes 10 and 110 high-occupancy vehicle lanes by single-occupant vehicles and those vehicles that do not meet minimum occupancy requirements, as defined by LACMTA, for a fee. The amount of the fee shall be established by, and collected in a manner to be determined by, LACMTA. LACMTA may continue to require high-occupancy vehicles to have an electronic transponder or other electronic device for enforcement purposes. (b) LACMTA shall implement the program in cooperation with the department, and with the active participation of the Department of the California Highway Patrol, pursuant to an agreement that addresses all matters related to design, construction, maintenance, and operation of state highway system facilities in connection with the program. With the consent of the department, LACMTA shall establish appropriate performance measures, such as speed or travel times, for the purpose of ensuring optimal use of the HOT lanes by high-occupancy vehicles without adversely affecting other traffic on the state highway system. (1) Agreements between LACMTA, the department, and the Department of the California Highway Patrol shall identify the respective obligations and liabilities of each party to the agreement and assign them responsibilities relating to the program. The agreements entered into pursuant to this section shall be consistent with agreements between the department and the United States Department of Transportation relating to programs of this nature. The agreements entered into pursuant to this section shall include clear and concise procedures for enforcement by the Department of the California Highway Patrol of laws prohibiting the unauthorized use of the HOT lanes. The agreements shall provide for reimbursement of state agencies, from revenues generated by the program or other funding sources that are not otherwise available to state agencies for transportation-related projects, for costs incurred in connection with the implementation or operation of the program, as well as maintenance of state highway system facilities in connection with the program. (2) All remaining revenue generated by the program shall be used in the corridor from which the revenue was generated exclusively for preconstruction, construction, and other related costs of high-occupancy vehicle facilities, transportation corridor improvements, and the improvement of transit service in the corridor, including, but not limited to, support for transit operations pursuant to an expenditure plan adopted by LACMTA. LACMTA’s administrative expenses related to the operation of the program shall not exceed 3 percent of the revenues. (c) Single-occupant vehicles and those vehicles that do not meet minimum occupancy requirements that are certified or authorized by LACMTA for entry into, and use of, the State Highway Routes 10 and 110 high-occupancy vehicle lanes are exempt from Section 21655.5 of the Vehicle Code, and the driver shall not be in violation of the Vehicle Code because of that entry and use. (d) (1) In implementing the program, LACMTA shall continue to work with the affected communities in the respective corridors and provide mitigation measures for commuters of low income, including reduced toll charges and toll credits for transit users. Eligible commuters for reduced toll charges or toll credits for transit users shall meet the eligibility requirements for assistance programs under Chapter 2 (commencing with Section 11200) or Chapter 3 (commencing with Section 12000) of Part 3 of, Part 5 (commencing with Section 17000) of, or Chapter 10 (commencing with Section 18900), Chapter 10.1 (commencing with Section 18930), or Chapter 10.3 (commencing with Section 18937) of Part 6 of, Division 9 of the Welfare and Institutions Code. (2) Beyond the measures already implemented to create a low-income assistance program, LACMTA shall take additional steps to increase enrollment and participation in the low-income assistance program. LACMTA, in that regard, shall improve awareness of the low-income assistance program through advertising and by working with local community groups and social service agencies to distribute information about the low-income assistance program. In addition, LACMTA shall consider offering greater incentives to encourage participation in the low-income assistance program. (e) (1) LACMTA and the department shall report to the Legislature by January 31, 2015. The report shall include, but not be limited to, a summary of the program, a survey of its users, the impact on carpoolers, revenues generated, how transit service or alternative modes of transportation were impacted, any potential effect on traffic congestion in the high-occupancy vehicle lanes and in the neighboring lanes, the number of toll-paying vehicles that utilized the HOT lanes, any potential reductions in the greenhouse gas emissions that are attributable to congestion reduction resulting from the HOT lane program, any comments submitted by the Department of the California Highway Patrol regarding operation of the lanes, and a description of the mitigation measures on the affected communities and commuters in the program. The report shall be submitted in compliance with Section 9795 of the Government Code. This subdivision shall become inoperative on January 31, 2019, pursuant to Section 10231.5 of the Government Code. (2) LACMTA and the department shall report to the policy committees of the Legislature with responsibility for transportation matters by December 31, 2018, on the efforts to improve the program authorized by this section. The report shall address efforts by LACMTA to increase participation in the low-income participation program, any additional incentives that have been developed to encourage participation in the low-income participation program, and the performance of the HOT lanes overall in improving congestion in the affected corridors and offsetting the impact to low-income commuters. This paragraph shall become inoperative on January 1, 2021, pursuant to Section 10231.5 of the Government Code. (f) Toll paying commuters shall have the option to purchase any necessary toll paying equipment, prepay tolls, and renew toll payments by cash or by using a credit card. (g) This section shall not prevent the department or any local agency from constructing facilities that compete with a HOT lane program, and LACMTA shall not be entitled to compensation for adverse effects on toll revenue due to those facilities. (h) LACMTA may issue bonds, as set forth in Chapter 5 (commencing with Section 130500) of Division 12 of the Public Utilities Code, at any time to finance any costs necessary to implement a value-pricing and transit development program established in accordance with this section and to finance any expenditures payable from the revenues generated from the program. (Amended by Stats. 2016, Ch. 738, Sec. 2. (AB 620) Effective January 1, 2017.)
  86. 1490.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. )

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    County boards of supervisors may build and maintain bridges over irrigation ditches that cross county highways.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. ) ## 1490. The board of supervisors of any county may construct and maintain bridges over any ditches which are used exclusively for irrigation purposes and which cross county highways in the county. Such board may, with the consent of the owners of such ditches, declare any of such bridges to be public property, and may then maintain and repair such bridges at the expense of the county. (Enacted by Stats. 1935, Ch. 29.)
  87. 1491.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. )

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    A person who wilfully injures a county bridge commits a misdemeanor and must pay actual damages to the county.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. ) ## 1491. Any person who wilfully injures any county bridge is guilty of a misdemeanor, and is also liable for actual damages for such injury, to be recovered by the county in a civil action. (Enacted by Stats. 1935, Ch. 29.)
  88. 1492.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. )

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    A person who willfully removes or injures highway mile-boards, milestones, guide-posts, or inscriptions on them is liable for a $10 penalty and commits a misdemeanor.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. ) ## 1492. Any person who wilfully removes or injures any mile-board, milestone or guide-post, or any inscription thereon, erected on any county highway, is liable for a penalty of ten dollars, recoverable as provided in section 1496, for every such offense, and is also guilty of a misdemeanor. (Enacted by Stats. 1935, Ch. 29.)
  89. 1492.5.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. )

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    Survey monuments must be preserved, referenced, or replaced as required by Section 8771 of the Business and Professions Code.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. ) ## 1492.5. Survey monuments shall be preserved, referenced, or replaced pursuant to Section 8771 of the Business and Professions Code. (Added by Stats. 1994, Ch. 458, Sec. 11. Effective January 1, 1995.)
  90. 1493.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. )

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    Any person may notify the land’s occupant or owner to remove a tree or other obstruction from a county highway; if it is not removed, the owner or occupant can be charged removal costs and a $1-per-day penalty.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. ) ## 1493. Any person may notify the occupant or owner of any land, from which a tree or other obstruction has fallen upon any county highway, to remove such tree or obstruction forthwith. If it is not thus removed, the owner or occupant is liable for the expense of removal and for a penalty of one dollar for every day after such notification that such tree or obstruction is not removed. The penalty and the expense of removal are recoverable as provided in section 1496. (Enacted by Stats. 1935, Ch. 29.)
  91. 1494.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. )

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    If a person cuts down a tree that falls into a county highway, they must immediately remove it.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. ) ## 1494. Any person who cuts down a tree which falls into any county highway shall immediately remove the tree, and is liable for a penalty of ten dollars, recoverable as provided in section 1496, for every day such tree remains in the highway. (Enacted by Stats. 1935, Ch. 29.)
  92. 1495.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. )

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    A person who maliciously damages or destroys a shade or ornamental tree on a county highway is liable to a $100 penalty for each tree, unless the road commissioner treats the tree as an obstruction and orders its removal.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. ) ## 1495. Any person who maliciously digs up, cuts down, injures or destroys any shade or ornamental tree on any county highway, unless such tree is considered an obstruction by the road commissioner and is removed under his direction, is liable to a penalty of one hundred dollars, recoverable as provided in section 1496, for each such tree. (Enacted by Stats. 1935, Ch. 29.)
  93. 1496.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. )

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    The road commissioner must recover certain penalties or forfeitures for the county and pay the recoveries into the road fund.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6. Obstructions and Injuries to County Highways [1480 - 1496] ( Chapter 6 enacted by Stats. 1935, Ch. 29. ) ## 1496. The road commissioner shall recover all penalties or forfeitures given in this chapter and the recovery of which is not otherwise provided for, by suit in the name of the county. He shall pay such recoveries into the road fund. The provisions of this section are applicable to Sections 1484, 1485, 1487, 1492, 1493, 1494, and 1495, and to any other provision in this chapter imposing penalties or forfeitures. (Amended by Stats. 1961, Ch. 801.)
  94. 15.

    ## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. )

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    For this code, “city” also includes a city and county and an incorporated town.

    ## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. ) ## 15. “City” includes “city and county” and “incorporated town.” (Enacted by Stats. 1935, Ch. 29.)
  95. 150.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The commission must consider transit-facility recommendations when deciding freeway locations, and the department may be directed or authorized to plan, build, sell, repurpose, or lease certain locations under stated conditions.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 150. When the department, in cooperation with rapid transit districts, recommends that mass public transportation facilities should be located along a proposed freeway corridor in order to establish a planned balanced transportation system, the commission shall consider this recommendation in making its decision as to the location of the freeway. If the commission determines that the location of mass public transportation facilities should be located along the proposed freeway corridor, it may also direct the department to plan, design, and construct the freeway so as to provide locations for those facilities, and the cost thereof shall be considered as part of the cost of constructing the state highway. In making this determination, the commission shall consider the extent to which the mass public transportation facilities will reduce the volume of traffic on the proposed freeway and the impact the joint development will have on community values. The commission shall also consider whether the rapid transit district has adopted a general plan for the development of its mass public transportation facilities and the likelihood as to whether sufficient funds will be available for the development of mass public transportation service in those locations. The commission shall authorize the department to provide those locations along federal-aid highways only in instances in which it has received assurances of full federal financial participation in the cost of providing those locations. If mass public transportation facilities other than roadways and other facilities for use of buses are to be constructed and placed in use in those locations, the department may enter into agreements for the sale of the locations to transit districts for that use at a price equal to the market value of the property at the time of sale. If mass public transportation facilities are not placed in use in the locations provided within five years of completion of the freeway, the department may develop those locations for freeway purposes, or it may lease or otherwise dispose of the locations in accordance with the provisions of this code. The department may, in cooperation with rapid transit districts, develop exclusive or preferential bus lanes in those locations in accordance with Section 149. (Amended by Stats. 2002, Ch. 438, Sec. 25. Effective January 1, 2003.)
  96. 1500.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6.5. Limited Maintenance Highway [1500- 1500.] ( Chapter 6.5 added by Stats. 1984, Ch. 629, Sec. 1. )

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    The board of supervisors may adopt standards for limited maintenance of county highways with low traffic volume.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 6.5. Limited Maintenance Highway [1500- 1500.] ( Chapter 6.5 added by Stats. 1984, Ch. 629, Sec. 1. ) ## 1500. The board of supervisors may adopt standards for limited maintenance of county highways which have a low traffic volume. (Added by Stats. 1984, Ch. 629, Sec. 1.)
  97. 151.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may adopt public-safety regulations for the use of express highways and related facilities for loading or unloading passengers.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 151. The department may make such regulations as may be required in the interests of public safety governing the use of any express highway or additional facilities constructed as provided in this article for the purpose of loading or unloading of passengers. Nothing in this article or in this section shall be construed to authorize the operation of any vehicle in violation of any provision of the Vehicle Code or to deprive the Public Utilities Commission of any authority now or hereafter vested in it to regulate public motor carriers of passengers. (Added by Stats. 1947, 1st Ex. Sess., Ch. 14.)
  98. 152.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may allow and help plan emergency water hydrants near state freeway rights-of-way when a public water system is available. Local agencies are responsible for placing and maintaining the hydrants.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 152. The department may permit the placing of, and cooperate in the planning for, emergency water hydrants on or adjacent to state freeway rights-of-way wherever a public water system is available. The placing and maintenance of the hydrants shall be the responsibility of local agencies. (Amended by Stats. 1968, Ch. 841.)
  99. 153.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

    Verify source ↗

    The department may place and maintain, or cooperate with others to place and maintain, emergency telephones or other communication facilities on or next to state freeway rights-of-way.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 153. The department may place and maintain or cooperate with local agencies or others in the placing and maintenance of emergency telephones or other communication facilities on or adjacent to state freeway rights-of-way. (Added by Stats. 1968, Ch. 841.)
  100. 154.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

    Verify source ↗

    The department must encourage counties to develop county highways as official county scenic highways, may give counties help or information, may authorize designation when standards are met, and may revoke that authority if standards are no longer met after notice and, if requested, a hearing.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 154. The department shall encourage the construction and development by counties of portions of the county highways as official county scenic highways and may furnish to the counties any information or other assistance which will aid the counties in the construction or development of such scenic highways. Whenever the department determines that any county highway meets the minimum standards prescribed by the department for official scenic highways, including the concept of the “complete highway,” as described in Section 261, it may authorize the county in which the highway is located to designate the highway as an official county scenic highway and the department shall so indicate the highway in publications of the department and in any maps which are prepared by the department for distribution to the public which show the highway. If the department determines that any county highway which has been designated as an official county scenic highway no longer meets the minimum standards prescribed by the department for official scenic highways, it may, after notice to the county and a hearing on the matter, if requested by the county, revoke the authority of the county to designate the highway as an official county scenic highway. (Amended by Stats. 2005, Ch. 77, Sec. 31. Effective January 1, 2006.)
  101. 154.1.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

    Verify source ↗

    The department must designate the specified Los Angeles County highway as a county scenic highway if the county meets the Section 261 standards. The designation can be made only if the County of Los Angeles applies and includes a formally adopted resolution.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 154.1. (a) Notwithstanding Section 154 or any other provision of law and subject to subdivision (b), if the department determines that the County of Los Angeles is in compliance with the standards developed and established pursuant to Section 261 as to the Malibu Canyon-Las Virgenes Highway (N1), from Route 1 to Lost Hills Road in Los Angeles County, the department shall designate that portion of that county highway a county scenic highway. (b) A designation pursuant to subdivision (a) may only be made by the department if the County of Los Angeles applies for the designation, and includes in its application a formally adopted resolution acknowledging its desire to designate that portion of the county highway a county scenic highway. (Added by Stats. 2001, Ch. 758, Sec. 1. Effective January 1, 2002.)
  102. 155.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

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    The department may accept gifts for memorial stopping places, must deposit received money in a special fund, must post signs unless asked not to, and may not use eminent domain or buy real property without county consent.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 155. The department may accept any gift of money or property from any person or group for the purpose of acquiring property for, and establishing and maintaining as a memorial to any person or group, a place adjacent to any state highway in the state scenic highway system established by Article 2.5 (commencing with Section 260) of Chapter 2, Division 1, at a point of special scenic, historical, or cultural interest, where motorists may stop to appreciate and enjoy the point of interest. Any money which is received by the department pursuant to this section shall be deposited in the Special Interest Stopping Place Fund, which fund is hereby created in the State Treasury. Any money in the fund is continuously appropriated to the department without regard to fiscal years to carry out the purposes for which the money was received by the department. The department shall, unless otherwise requested by the person or group from whom money or property is received for a stopping place, establish and maintain appropriate signs at the stopping places which indicate the name of the person or group in whose honor the place was established. The right of eminent domain shall not be exercised by the department to acquire property, or any interest in property, pursuant to this section and the department may not acquire any real property for the purposes of this section unless the board of supervisors of the county in which such real property is located consents to such acquisition. (Amended by Stats. 1971, Ch. 1235.)
  103. 155.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

    Verify source ↗

    The commission may use State Highway Account funds to match certain gifts and, if appropriate, to maintain property bought with those gifts.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 155.5. The commission, to the extent constitutionally permitted and if it determines that such actions constitute a highway purpose, may allocate funds from the State Highway Account to match on an equal basis the value of any gifts offered and accepted by the department for deposit in the Special Interest Stopping Place Fund and may in such cases, if appropriate, further allocate funds from the State Highway Account for the maintenance of property acquired pursuant to such gifts. The amount matched for each gift shall be used in conjunction with the gift for the purpose for which the gift was accepted. (Amended by Stats. 1980, Ch. 777, Sec. 30.7.)
  104. 155.6.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

    Verify source ↗

    The department may allow coin-operated binocular or telescopic viewing machines at the north end of the Golden Gate Bridge, unless federal law or regulations prohibit it, and must send related money to the State Highway Account.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 155.6. Unless prohibited by federal laws or rules and regulations, the department may authorize the installation of coin-operated binocular or telescopic viewing machines at the vista point on the north end of the Golden Gate Bridge. Any money received by the state for authorizing the placement of these viewing machines shall be transferred by the department to the State Highway Account. (Added by Stats. 1981, Ch. 369, Sec. 1.)
  105. 155.7.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )

    Verify source ↗

    The Secretary of Transportation must create a Transportation Permitting Task Force, and the task force must develop a coordination process for transportation projects. The Secretary must also submit a report to legislative committees by December 1, 2019.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 155.7. (a) On or before April 1, 2018, the Secretary of Transportation, in consultation with the Secretary of the Natural Resources Agency, shall establish a Transportation Permitting Task Force consisting of the following members: (1) The Secretary of Transportation or his or her designee. (2) The Secretary of the Natural Resources Agency or his or her designee. (3) The Chair of the California Transportation Commission or his or her designee. (4) Representatives from the following: (A) Department of Transportation. (B) Department of Fish and Wildlife. (C) The State Water Resources Control Board. (D) Regional water quality control boards. (E) The California Coastal Commission. (F) Other relevant state or public entities. (b) The taskforce shall develop a structured coordination process for early engagement of all parties in the development of transportation projects to reduce permit processing time, establish reasonable deadlines for permit approvals, and provide for greater certainty of permit approval requirements. (c) (1) On or before December 1, 2019, the Secretary of Transportation shall prepare and submit to the appropriate policy and fiscal committees of the Legislature, pursuant to Section 9795 of the Government Code, a report of findings based on the efforts of the taskforce. The report shall include, but is not limited to, a detailed analysis of the following issues: (A) The existing permitting process for transportation projects in California, including a discussion of the points in the process where delays are most likely to occur. (B) The utilization of existing positions in the various state resource agencies currently supported by transportation funds, including an analysis of the benefits of those positions to the state’s transportation programs relative to their costs. (C) The process developed pursuant to subdivision (b). (D) Resource levels needed at the resource agencies to implement the process developed pursuant to subdivision (b). (E) Legislative or regulatory issues, if any, that need to be addressed to implement the process developed pursuant to subdivision (b). (2) Pursuant to Section 10231.5 of the Government Code, this subdivision shall be inoperative on December 1, 2023. (Amended by Stats. 2018, Ch. 92, Sec. 204. (SB 1289) Effective January 1, 2019.)
  106. 1550.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 7. Highway Taxes [1550 - 1552] ( Chapter 7 enacted by Stats. 1935, Ch. 29. )

    Verify source ↗

    A board of supervisors may create special road maintenance districts and levy special taxes for road and highway purposes, but this section does not authorize a county to levy or collect property tax for highway purposes in certain cities with street-work laws.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 7. Highway Taxes [1550 - 1552] ( Chapter 7 enacted by Stats. 1935, Ch. 29. ) ## 1550. (a) A board of supervisors may form special road maintenance districts and levy special taxes for road and highway purposes to this chapter. (b) Nothing contained in this section shall authorize any property tax for highway purposes to be levied or collected by a county within any city wherein work and improvements upon the streets are done by virtue of any law relating to street work and improvements within such a city. (Amended by Stats. 2009, Ch. 332, Sec. 80. (SB 113) Effective January 1, 2010.)
  107. 1550.1.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 7. Highway Taxes [1550 - 1552] ( Chapter 7 enacted by Stats. 1935, Ch. 29. )

    Verify source ↗

    The county board of supervisors may create special road maintenance districts in certain unincorporated areas, but only after notice, a hearing, and a finding that the district is needed.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 7. Highway Taxes [1550 - 1552] ( Chapter 7 enacted by Stats. 1935, Ch. 29. ) ## 1550.1. The board of supervisors may form special road maintenance districts in unincorporated areas of the county wholly outside of incorporated cities. Formation of these districts may be ordered by the board when in its opinion additional road funds are necessary to properly maintain highways and roads in specific unincorporated areas of the county. These districts shall be formed by order of the board setting forth the boundaries thereof. A district shall be in existence until the board shall by its order discontinue the district. If a district is to be formed, the board shall set a date for a hearing on the formation. This hearing shall not be held in less than three weeks after the date of the order for the hearing, and prior to the date of the hearing, a notice of the hearing shall be published twice in a newspaper of general circulation in the area, and, in addition, at least three notices shall be posted in public places within the proposed district. At the hearing, protests, if any, shall be heard on the proposed formation of the district. It shall be within the power of the board to determine from the results of the hearing the necessity for the special road maintenance district, and, if it be deemed necessary, the district may be formed. (Amended by Stats. 2009, Ch. 332, Sec. 81. (SB 113) Effective January 1, 2010.)
  108. 1550.2.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 7. Highway Taxes [1550 - 1552] ( Chapter 7 enacted by Stats. 1935, Ch. 29. )

    Verify source ↗

    The board of supervisors may levy a special tax and use the proceeds for this chapter’s purposes, if it acts under the cited Government Code article.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 7. Highway Taxes [1550 - 1552] ( Chapter 7 enacted by Stats. 1935, Ch. 29. ) ## 1550.2. The board of supervisors may levy a special tax pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code, and spend the proceeds for the purposes of this chapter. (Repealed and added by Stats. 2009, Ch. 332, Sec. 83. (SB 113) Effective January 1, 2010.)
  109. 1550.3.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 7. Highway Taxes [1550 - 1552] ( Chapter 7 enacted by Stats. 1935, Ch. 29. )

    Verify source ↗

    The county road commissioner must do all work in special road maintenance districts.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 7. Highway Taxes [1550 - 1552] ( Chapter 7 enacted by Stats. 1935, Ch. 29. ) ## 1550.3. All work done in special road maintenance districts shall be done by the county road commissioner and all laws relating to the expenditure of road funds raised by property taxes shall apply to the expenditures of said districts. (Amended by Stats. 1957, Ch. 413.)
  110. 1552.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 7. Highway Taxes [1550 - 1552] ( Chapter 7 enacted by Stats. 1935, Ch. 29. )

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    Special highway and road tax revenues must be spent within the road district where they were collected, and the board of supervisors must apportion them each year to the entitled districts and have them kept in separate funds by the county treasurer.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 7. Highway Taxes [1550 - 1552] ( Chapter 7 enacted by Stats. 1935, Ch. 29. ) ## 1552. Except as otherwise provided in this code, all revenues from special taxes levied for highway and road purposes collected in each road district shall be expended for highway and road purposes within the district in which collected. The board of supervisors shall cause such tax collected each year to be apportioned to the several road districts entitled thereto, and to be kept by the county treasurer in separate funds. (Amended by Stats. 2009, Ch. 332, Sec. 85. (SB 113) Effective January 1, 2010.)
  111. 156.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.5. Barriers to Fish Passage [156 - 156.5] ( Article 3.5 added by Stats. 2005, Ch. 589, Sec. 3. )

    Verify source ↗

    This section defines “fish passage” and “Department” for Article 3.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.5. Barriers to Fish Passage [156 - 156.5] ( Article 3.5 added by Stats. 2005, Ch. 589, Sec. 3. ) ## 156. For purposes of this article, the following definitions shall apply: (a) “Fish passage” means the ability of an anadromous fish to access appropriate habitat at all points in its life cycle, including spawning and rearing. (b) “Department” means the Department of Transportation. (Added by Stats. 2005, Ch. 589, Sec. 3. Effective January 1, 2006.)
  112. 156.1.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.5. Barriers to Fish Passage [156 - 156.5] ( Article 3.5 added by Stats. 2005, Ch. 589, Sec. 3. )

    Verify source ↗

    The Director of Transportation must prepare an annual report on progress in locating, assessing, and remediating barriers to fish passage, and provide it to the Legislature each year through 2025.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.5. Barriers to Fish Passage [156 - 156.5] ( Article 3.5 added by Stats. 2005, Ch. 589, Sec. 3. ) ## 156.1. (a) The Director of Transportation shall prepare an annual report describing the status of the department’s progress in locating, assessing, and remediating barriers to fish passage. This report shall be given to the Legislature by October 31 of each year through the year 2025. (b) Each report issued after October 31, 2016, shall include a status report on the remediation of barriers to fish passage on projects that have been identified pursuant to Section 156.5. The status report shall include, but is not limited to, all of the following information regarding a project identified pursuant to Section 156.5: (1) Any updated information received by the department from the Department of Fish and Wildlife regarding the barriers to fish passage on the project. (2) Whether funding has been committed to the project. (3) The source of any funding for the project. (4) The budget summary of the project. (5) The status of inspections of culverts to ensure they are functioning properly and any other actions by the department to assess or remediate barriers to fish passage on the project. (6) The applicable program initiation document work plan review. (7) The estimated completion date for the project. (Amended by Stats. 2015, Ch. 12, Sec. 8. (AB 95) Effective June 24, 2015.)
  113. 156.2.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.5. Barriers to Fish Passage [156 - 156.5] ( Article 3.5 added by Stats. 2005, Ch. 589, Sec. 3. )

    Verify source ↗

    The department must develop a programmatic environmental review process with state and federal regulatory agencies and report its progress in the Section 156.1 report.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.5. Barriers to Fish Passage [156 - 156.5] ( Article 3.5 added by Stats. 2005, Ch. 589, Sec. 3. ) ## 156.2. The department shall pursue development of a programmatic environmental review process with appropriate state and federal regulatory agencies for remediating barriers to fish passage that will streamline the permitting process for projects. The department shall include a description of its progress on this review process in the report specified in Section 156.1. (Added by Stats. 2005, Ch. 589, Sec. 3. Effective January 1, 2006.)
  114. 156.3.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.5. Barriers to Fish Passage [156 - 156.5] ( Article 3.5 added by Stats. 2005, Ch. 589, Sec. 3. )

    Verify source ↗

    For certain transportation projects near stream crossings with anadromous fish, the department must get a fish-passage assessment done before design starts and submit it to the Department of Fish and Game and CALFISH.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.5. Barriers to Fish Passage [156 - 156.5] ( Article 3.5 added by Stats. 2005, Ch. 589, Sec. 3. ) ## 156.3. For any project using state or federal transportation funds programmed after January 1, 2006, the department shall ensure that, if the project affects a stream crossing on a stream where anadromous fish are, or historically were, found, an assessment of potential barriers to fish passage is done prior to commencing project design. The department shall submit the assessment to the Department of Fish and Game and add it to the CALFISH database. If any structural barrier to passage exists, remediation of the problem shall be designed into the project by the implementing agency. New projects shall be constructed so that they do not present a barrier to fish passage. When barriers to fish passage are being addressed, plans and projects shall be developed in consultation with the Department of Fish and Game. (Amended by Stats. 2006, Ch. 538, Sec. 638. Effective January 1, 2007.)
  115. 156.4.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.5. Barriers to Fish Passage [156 - 156.5] ( Article 3.5 added by Stats. 2005, Ch. 589, Sec. 3. )

    Verify source ↗

    For certain transportation-funded repair or construction projects affecting specified stream crossings, the department must assess the site for barriers to fish passage and submit the assessment to the Department of Fish and Game.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.5. Barriers to Fish Passage [156 - 156.5] ( Article 3.5 added by Stats. 2005, Ch. 589, Sec. 3. ) ## 156.4. For any repair or construction project using state or federal transportation funds that affects a stream crossing on a stream where anadromous fish are, or historically were, found, the department shall perform an assessment of the site for potential barriers to fish passage and submit the assessment to the Department of Fish and Game. (Added by Stats. 2005, Ch. 589, Sec. 3. Effective January 1, 2006.)
  116. 156.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.5. Barriers to Fish Passage [156 - 156.5] ( Article 3.5 added by Stats. 2005, Ch. 589, Sec. 3. )

    Verify source ↗

    The Department of Fish and Wildlife must identify the projects with the most significant fish passage barriers, and the department must prioritize and expedite their remediation.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.5. Barriers to Fish Passage [156 - 156.5] ( Article 3.5 added by Stats. 2005, Ch. 589, Sec. 3. ) ## 156.5. (a) The Department of Fish and Wildlife shall identify projects described in this article that present the most significant barriers to fish passage. (b) The department shall prioritize and expedite the remediation of barriers to fish passage on projects identified pursuant to subdivision (a). (c) For the 2015–16 fiscal year, the sum of five million dollars ($5,000,000) is hereby appropriated from the State Highway Account in the State Transportation Fund to the Department of Transportation for the identification and remediation of high-priority fish passages consistent with this section and Section 156.1. (Added by Stats. 2015, Ch. 12, Sec. 9. (AB 95) Effective June 24, 2015.)
  117. 157.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.7. Clean Renewable Energy Bonds for the Department of Transportation [157 - 157.8] ( Article 3.7 added by Stats. 2008, Ch. 756, Sec. 15. )

    Verify source ↗

    The Legislature says the Department of Transportation’s authority under this act is limited to the specific program funded in the 2008 Budget Act, and the State Highway Account funds committed to it are capped at the amount appropriated for that program.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.7. Clean Renewable Energy Bonds for the Department of Transportation [157 - 157.8] ( Article 3.7 added by Stats. 2008, Ch. 756, Sec. 15. ) ## 157. It is the intent of the Legislature that the authority granted to the Department of Transportation under this act is restricted to the specific program for which funds are appropriated in Item 2660-306-0942 of the Budget Act of 2008, and that the amount of State Highway Account funds committed to this program shall be limited to the amount appropriated in Item 2660-306-0942 of the Budget Act of 2008. (Added by Stats. 2008, Ch. 756, Sec. 15. Effective September 30, 2008.)
  118. 157.1.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.7. Clean Renewable Energy Bonds for the Department of Transportation [157 - 157.8] ( Article 3.7 added by Stats. 2008, Ch. 756, Sec. 15. )

    Verify source ↗

    The department may issue Clean Renewable Energy Bonds through specified financing authorities.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.7. Clean Renewable Energy Bonds for the Department of Transportation [157 - 157.8] ( Article 3.7 added by Stats. 2008, Ch. 756, Sec. 15. ) ## 157.1. The department, through the Treasurer and the California Alternative Energy and Advanced Transportation Financing Authority, may issue Clean Renewable Energy Bonds for purposes of financing the acquisition and installation of solar energy systems, and related appurtenances thereto, at department facilities. For purposes of this article, Clean Renewable Energy Bonds are bonds issued subject to the conditions and terms of Section 1303 of the federal Energy Tax Incentives Act of 2005 (P.L. 109-58; I.R.C. Sec. 54). (Added by Stats. 2008, Ch. 756, Sec. 15. Effective September 30, 2008.)
  119. 157.2.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.7. Clean Renewable Energy Bonds for the Department of Transportation [157 - 157.8] ( Article 3.7 added by Stats. 2008, Ch. 756, Sec. 15. )

    Verify source ↗

    Net proceeds from bonds issued under this article must be deposited into the Clean Renewable Energy Bonds Subaccount, and any remaining money in that subaccount must be transferred to the State Highway Account by July 1, 2015.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.7. Clean Renewable Energy Bonds for the Department of Transportation [157 - 157.8] ( Article 3.7 added by Stats. 2008, Ch. 756, Sec. 15. ) ## 157.2. (a) The net proceeds of bonds issued under this article shall be deposited in the Clean Renewable Energy Bonds Subaccount, which is hereby established as a special trust fund in the Special Deposit Fund created pursuant to Section 16370 of the Government Code. (b) On or before July 1, 2015, any remaining moneys in the subaccount shall be transferred to the State Highway Account in the State Transportation Fund. (Amended by Stats. 2015, Ch. 12, Sec. 10. (AB 95) Effective June 24, 2015.)
  120. 157.4.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.7. Clean Renewable Energy Bonds for the Department of Transportation [157 - 157.8] ( Article 3.7 added by Stats. 2008, Ch. 756, Sec. 15. )

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    The department may, for a limited time and in connection with Section 157.1 bond issuance, enter agreements with a financing authority and pledge solar energy system property as security.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.7. Clean Renewable Energy Bonds for the Department of Transportation [157 - 157.8] ( Article 3.7 added by Stats. 2008, Ch. 756, Sec. 15. ) ## 157.4. (a) In conjunction with the issuance of bonds pursuant to Section 157.1, the department may, until January 1, 2014, enter into lease-purchase agreements, lease agreements, or similar agreements with the California Alternative Energy and Advanced Transportation Financing Authority to secure financial assistance for the acquisition and installation of solar energy systems, and to arrange for the payment of debt service on the Clean Renewable Energy Bonds. (b) The department may pledge the solar energy system property, or any interest therein, that is acquired or installed pursuant to this article as security for any payment in connection with the acquisition, leasing, or financing of that property or interest, subject to the purposes described in subdivision (a). (Added by Stats. 2008, Ch. 756, Sec. 15. Effective September 30, 2008.)
  121. 157.6.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.7. Clean Renewable Energy Bonds for the Department of Transportation [157 - 157.8] ( Article 3.7 added by Stats. 2008, Ch. 756, Sec. 15. )

    Verify source ↗

    Solar energy systems funded under this article may use either of two specified electricity programs, and must comply with the chosen program.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.7. Clean Renewable Energy Bonds for the Department of Transportation [157 - 157.8] ( Article 3.7 added by Stats. 2008, Ch. 756, Sec. 15. ) ## 157.6. The solar energy systems funded pursuant to this article may utilize, and shall comply with, either the net energy metering program allowable under Section 2827 of the Public Utilities Code or the feed-in-tariff program allowable under Section 399.20 of the Public Utilities Code. (Added by Stats. 2008, Ch. 756, Sec. 15. Effective September 30, 2008.)
  122. 157.8.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.7. Clean Renewable Energy Bonds for the Department of Transportation [157 - 157.8] ( Article 3.7 added by Stats. 2008, Ch. 756, Sec. 15. )

    Verify source ↗

    The department must file an annual report to the budget committees of each house of the Legislature about bond issuance and solar energy systems.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.7. Clean Renewable Energy Bonds for the Department of Transportation [157 - 157.8] ( Article 3.7 added by Stats. 2008, Ch. 756, Sec. 15. ) ## 157.8. On or before March 1 of each fiscal year, and until maturity of the bonds issued pursuant to this article, the department shall report to the budget committees of each house of the Legislature with regard to the issuance of bonds and the acquisition and installation of solar energy systems under this article. The report shall include, but not be limited to, the status of each facility on which the department has installed solar energy systems; an accounting of the costs for each solar energy system installed or acquired by the department; a description of the energy savings the department has achieved by acquiring or installing a solar energy system or systems; and a review and analysis of the expected cost savings at the time of issuance of the bonds versus actual savings annually. (Added by Stats. 2008, Ch. 756, Sec. 15. Effective September 30, 2008.)
  123. 158.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.8. Barriers to Wildlife Movement [158 - 158.5] ( Article 3.8 added by Stats. 2022, Ch. 964, Sec. 2. )

    Verify source ↗

    This section defines terms used in the article about barriers to wildlife movement on highways.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.8. Barriers to Wildlife Movement [158 - 158.5] ( Article 3.8 added by Stats. 2022, Ch. 964, Sec. 2. ) ## 158. For purposes of this article, the following definitions apply: (a) “Connectivity area” includes any of the following: (1) An area identified by any federal or state agency that meets the needs for a special status species pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code). (2) An area identified by the Department of Fish and Wildlife as important for ecological connectivity for fish or wildlife between natural landscape areas based on consideration of the following factors: (A) Important landscape linkages identified in regional connectivity studies or habitat protection plans. (B) Known ungulate migration routes, including those identified in response to the federal Secretarial Order 3362, issued on February 9, 2018, by the federal Secretary of the Interior, and any subsequent updates to the order. (C) Important movement corridors for sensitive species according to species-specific studies, genetic studies, or published recovery plans. (D) Known areas of high wildlife mortality due to transportation infrastructure. (E) Areas where wildlife is known to cross more frequently than other nearby areas, including riparian corridors, canyon bottoms, ridges, or open-space corridors. (F) Areas where wildlife approach and refuse to cross highways, as identified by wildlife behavior data. (G) Areas where habitat of adjacent lands is currently in good condition. (H) Highways with identified barriers where lands adjacent to all approaches to the highway have conservation protections. (I) Linkages that could facilitate range shifts due to climate change, including areas that connect lower to higher elevations or connect to northern habitats. (3) An area identified by the department with known or potential transportation barriers to wildlife connectivity, as determined by the department. (b) “Fish” means fish as defined in Section 45 of the Fish and Game Code. (c) “Natural landscape area” means a natural, intact habitat area with high ecological integrity that provides core habitat for wildlife and supports native biodiversity. (d) “Permeability” means the ability of a feature, improvement, or facility to provide for passage of wildlife and improve connectivity to natural landscape areas or other habitat. (e) “Wildlife” means wildlife as defined in Section 89.5 of the Fish and Game Code. (f) “Wildlife passage features” means culverts, underpasses, overpasses, bridges, directional fencing, barrier breaks, wildlife monitoring devices or detection systems, elevated highway segments, or other features, supported by a functional or potentially functional ecological buffer of habitat on multiple approaches to a highway that encourage use of the feature and are designed to be managed or restored using the best available science to improve the ability of wildlife to safely traverse transportation infrastructure. (Added by Stats. 2022, Ch. 964, Sec. 2. (AB 2344) Effective January 1, 2023.)
  124. 158.1.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.8. Barriers to Wildlife Movement [158 - 158.5] ( Article 3.8 added by Stats. 2022, Ch. 964, Sec. 2. )

    Verify source ↗

    The department must create and publish a wildlife connectivity inventory for the state highway system, and it may update it more often as needed.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.8. Barriers to Wildlife Movement [158 - 158.5] ( Article 3.8 added by Stats. 2022, Ch. 964, Sec. 2. ) ## 158.1. (a) It is the intent of the Legislature that the department review the full extent of the state highway system, as currently maintained, in consultation with the Department of Fish and Wildlife and with opportunities for the public to provide data input for consideration, to develop a comprehensive approach to address wildlife connectivity needs throughout the state with the goal of implementing measures that protect, conserve, and improve the state’s unique wildlife, landscapes, and natural resources. (b) In consultation with the Department of Fish and Wildlife and other appropriate agencies, the department shall establish an inventory of connectivity needs on the state highway system where the implementation of wildlife passage features could reduce wildlife-vehicle collisions or enhance wildlife connectivity. In establishing the inventory of connectivity needs, the department, in consultation with the Department of Fish and Wildlife and other appropriate agencies, shall consider all of the following factors: (1) The ability of wildlife passage features to enhance connectivity and permeability within a connectivity area or natural landscape area. (2) The logistics surrounding implementation of wildlife passage features, including, but not limited to, all of the following: (A) The cost effectiveness of implementing wildlife passage features through associated transportation projects. (B) The ease or capability of facilitating necessary land acquisitions to provide an ecological buffer. (C) Public support for associated transportation projects. (D) The ability of wildlife passage features to facilitate continued functional wildlife movement or improved public safety outcomes into the future. (3) Whether the implementation of wildlife passage features would do any of the following: (A) Substantially increase climate-resilient wildlife connectivity. (B) Substantially decrease the likelihood of collisions between wildlife and vehicles. (C) Contribute to the survival or recovery of any species or population of a species, including, but not limited to: (i) Species listed as a threatened species or endangered species pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.). (ii) Species listed as a candidate species, threatened species, or endangered species pursuant to the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code). (iii) Species at risk from highways and habitat fragmentation. (4) Any other relevant considerations, as determined by the department. (c) No later than July 1, 2024, the department shall develop and publish, on its internet website, the inventory and a list of funded transportation projects with wildlife passage features that address wildlife connectivity needs. The department shall update the inventory and the project list biennially, at a minimum, and may update the inventory or the list more often, as needed. (Added by Stats. 2022, Ch. 964, Sec. 2. (AB 2344) Effective January 1, 2023.)
  125. 158.2.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.8. Barriers to Wildlife Movement [158 - 158.5] ( Article 3.8 added by Stats. 2022, Ch. 964, Sec. 2. )

    Verify source ↗

    For certain state highway projects in connectivity areas, the department must assess wildlife connectivity impacts, share the assessment with Fish and Wildlife, and, when needed, require remediation of barriers; it must also publish a project list and may use mitigation credits with concurrence.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.8. Barriers to Wildlife Movement [158 - 158.5] ( Article 3.8 added by Stats. 2022, Ch. 964, Sec. 2. ) ## 158.2. (a) (1) Except as provided in subdivision (b), for any project on the state highway system located in a connectivity area beginning the project initiation phase on or after July 1, 2025, that adds a traffic lane or that has the potential to significantly impair wildlife connectivity for target species in the connectivity area based on criteria developed in collaboration with the Department of Fish and Wildlife, the department shall perform an assessment, in consultation with the Department of Fish and Wildlife, before commencing project design and continuing through the development of the project and into implementation, to identify potential wildlife connectivity barriers and any needs for improved permeability. (2) As part of the assessment, the department shall consider factors affecting wildlife connectivity that provide scalable solutions for all defined species needs, as determined by the department, in consultation with the Department of Fish and Wildlife. (3) The assessment may incorporate relevant guidelines and standards in applicable habitat conservation plans approved pursuant to Section 1539 of Title 16 of the United States Code and natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code. (4) The department shall submit the assessment to the Department of Fish and Wildlife and, if any structural barrier to wildlife connectivity exists or will be added by the project for target species in the connectivity area based on criteria developed in collaboration with the Department of Fish and Wildlife, the implementing agency shall remediate barriers to wildlife connectivity in conjunction with the project. A project subject to this requirement may incorporate relevant assessments, guidelines, and standards in applicable habitat conservation plans approved pursuant to Section 1539 of Title 16 of the United States Code and natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the California Fish and Game Code. (5) The department shall publish on its internet website a list of all of the transportation projects that require remediation pursuant to paragraph (4) and information regarding whether wildlife passage features are included in those projects or if mitigation credits are applied to the project pursuant to subdivision (c). The department shall update the project list biennially, at a minimum, and may update the list more often, as needed. (b) The requirements of subdivision (a) shall apply to the following types of projects only where feasible, practicable, and cost effective, as determined by the department: (1) Emergency projects. (2) Safety-focused projects that meet the criteria provided by the State Highway System Management Plan, that would reduce fatal and serious injury collisions on the state highway system, that are included in the highway maintenance program or the State Highway Operation and Protection Program, and that do not add a passing lane, turning lane, or auxiliary lane exceeding one mile in length. (c) The department may use compensatory mitigation credits approved pursuant to Section 1957 of the Fish and Game Code to satisfy the requirements of this section if the Department of Fish and Wildlife concurs with the use of those credits. (Added by Stats. 2022, Ch. 964, Sec. 2. (AB 2344) Effective January 1, 2023.)
  126. 158.3.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.8. Barriers to Wildlife Movement [158 - 158.5] ( Article 3.8 added by Stats. 2022, Ch. 964, Sec. 2. )

    Verify source ↗

    The department must update design guidance, including the Highway Design Manual, to add wildlife passage design concepts by July 1, 2025.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.8. Barriers to Wildlife Movement [158 - 158.5] ( Article 3.8 added by Stats. 2022, Ch. 964, Sec. 2. ) ## 158.3. On or before July 1, 2025, the department shall update appropriate design guidance, including the Highway Design Manual, to incorporate design concepts for wildlife passage features and related standard plans and specifications as appropriate. (Added by Stats. 2022, Ch. 964, Sec. 2. (AB 2344) Effective January 1, 2023.)
  127. 158.4.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.8. Barriers to Wildlife Movement [158 - 158.5] ( Article 3.8 added by Stats. 2022, Ch. 964, Sec. 2. )

    Verify source ↗

    The department must run a wildlife connectivity remediation program, develop guidelines with Fish and Wildlife, and ensure funded projects address identified wildlife connectivity needs.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.8. Barriers to Wildlife Movement [158 - 158.5] ( Article 3.8 added by Stats. 2022, Ch. 964, Sec. 2. ) ## 158.4. (a) The Transportation Wildlife Connectivity Remediation Program is hereby established to be administered by the department, in consultation with the Department of Fish and Wildlife, for the purposes of improving wildlife connectivity across transportation systems in connectivity areas. (b) Upon appropriation of funds by the Legislature, the department shall develop a program of projects that support the remediation and improvement of wildlife connectivity across transportation systems, including the state highway system, in accordance with this section. (c) (1) The department, in concurrence with the Department of Fish and Wildlife, shall develop guidelines for the implementation of the program, following one or more public workshops and an opportunity for the public to provide written comments. The guidelines for the program are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (2) The guidelines for the program shall establish selection criteria including the factors set forth in subdivision (b) of Section 158.1 with consideration given to funding wildlife connectivity improvements as standalone projects or funding those improvements on the department’s planned projects, including, but not limited to, maintenance and operations projects, to achieve efficiencies in addressing wildlife connectivity needs identified pursuant to subdivision (d). (d) A project funded by the program shall address a wildlife connectivity need identified in the inventory of connectivity needs for the state highway system established pursuant to Section 158.1 or another documented wildlife connectivity need across transportation infrastructure in a connectivity area. (e) A project funded by this program may include, but is not limited to, any of the following: (1) The placement of exclusion and directional fencing. (2) The use of advanced technology to improve the safety of wildlife crossing transportation infrastructure. (3) The construction of wildlife-friendly underpasses, overpasses, culverts, and elevated sections of road in key wildlife connectivity areas. (f) The department may receive compensatory mitigation credits pursuant to Section 1957 of the Fish and Game Code for the implementation of a project in this program if the Department of Fish and Wildlife concurs with the creation of those credits. (Added by Stats. 2022, Ch. 964, Sec. 2. (AB 2344) Effective January 1, 2023.)
  128. 158.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.8. Barriers to Wildlife Movement [158 - 158.5] ( Article 3.8 added by Stats. 2022, Ch. 964, Sec. 2. )

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    The department must submit a report on implementation of this article to specified legislative committees by July 1, 2028.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3.8. Barriers to Wildlife Movement [158 - 158.5] ( Article 3.8 added by Stats. 2022, Ch. 964, Sec. 2. ) ## 158.5. (a) The department shall submit a report to the relevant policy committees and the budget committees of the Legislature, in compliance with Section 9795 of the Government Code, on or before July 1, 2028, on the implementation of this article. The report shall include recommendations for this article and describe the status of the department’s progress in doing all of the following: (1) Developing an inventory of wildlife connectivity needs on the state highway system pursuant to Section 158.1. (2) Assessing transportation projects in connectivity areas for wildlife connectivity impacts pursuant to Section 158.2. (3) Implementing wildlife connectivity improvements on transportation projects pursuant to Section 158.2. (4) Updating appropriate design guidance, including the Highway Design Manual, to incorporate design concepts for wildlife passage features and related standard plans and specifications pursuant to Section 158.3. (5) Implementing the Transportation Wildlife Connectivity Remediation Program pursuant to Section 158.4. (6) Funding wildlife connectivity improvements, including total funding amount by fund source for these improvements and a list of improvements that have been funded since the enactment of this article. (b) The report shall also include information regarding both of the following: (1) A description of the consultation and concurrence process between the department, the Department of Fish and Wildlife, and other appropriate entities. (2) Significant accomplishments or obstacles to meeting the objectives of the article. (c) Pursuant to Section 10231.5 of the Government Code, this section shall become inoperative on July 1, 2032, and, as of January 1, 2033, is repealed. (Added by Stats. 2022, Ch. 964, Sec. 2. (AB 2344) Effective January 1, 2023. Inoperative July 1, 2032, by its own provisions. Repealed as of January 1, 2033, by its own provisions.)
  129. 1580.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Highway Funds [1580 - 1654] ( Chapter 8 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 1. General Provisions [1580- 1580.] ( Article 1 enacted by Stats. 1935, Ch. 29. )

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    County boards of supervisors must audit claims paid from highway-purpose funds and identify which funds will pay each claim.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Highway Funds [1580 - 1654] ( Chapter 8 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 1. General Provisions [1580- 1580.] ( Article 1 enacted by Stats. 1935, Ch. 29. ) ## 1580. The boards of supervisors, in their respective counties, shall audit all claims on the funds set apart for highway purposes and specify the funds from which the whole or any part of any claim shall be paid. (Enacted by Stats. 1935, Ch. 29.)
  130. 16.

    ## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. )

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    This section says “shall” means mandatory and “may” means permissive.

    ## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. ) ## 16. “Shall” is mandatory and “may” is permissive. (Enacted by Stats. 1935, Ch. 29.)
  131. 160.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Highway Standards [160 - 162.5] ( Article 4 enacted by Stats. 1935, Ch. 29. )

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    State highways must have a right-of-way at least 40 feet wide.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Highway Standards [160 - 162.5] ( Article 4 enacted by Stats. 1935, Ch. 29. ) ## 160. The width of the right-of-way for all state highways shall be at least 40 feet. The department may maintain any state highway having a lesser width of right-of-way, but shall not expend any money thereon for major construction or improvement until the width of the right-of-way is at least 40 feet. (Amended by Stats. 1982, Ch. 681, Sec. 48.)
  132. 161.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Highway Standards [160 - 162.5] ( Article 4 enacted by Stats. 1935, Ch. 29. )

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    On construction projects, the department must install only grates that are not hazardous to bicycle riders on bicycle-permitted state highways.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Highway Standards [160 - 162.5] ( Article 4 enacted by Stats. 1935, Ch. 29. ) ## 161. On construction projects, the department shall install on the surface of state highways upon which the operation of bicycles is permitted only those types of grates which are not hazardous to bicycle riders. (Amended by Stats. 1982, Ch. 681, Sec. 49.)
  133. 162.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Highway Standards [160 - 162.5] ( Article 4 enacted by Stats. 1935, Ch. 29. )

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    Before designing a state highway to match this section, the department must consider cost, environmental impact, and whether a guideway project is likely to be developed. The design-construction requirement for certain transit lanes does not apply if the commission finds compliance would be impractical.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Highway Standards [160 - 162.5] ( Article 4 enacted by Stats. 1935, Ch. 29. ) ## 162. (a) Unless the commission finds that it would be impractical, any state highway exclusive and preferential lane for buses and other high occupancy vehicles constructed on new alignment or new structures shall be designed and constructed on horizontal and vertical alignments, including the grade, curvature, and horizontal and vertical clearances, so that the lane may readily be reconstructed as an exclusive public mass transit guideway, using the department’s rail transit design criteria. (b) Notwithstanding subdivision (a), prior to designing a state highway in conformance with this section, the department shall consider all of the following: (1) Cost effectiveness. (2) Any added environmental impact. (3) The likelihood of a guideway project ever being developed. (Amended by Stats. 1982, Ch. 681, Sec. 50.)
  134. 162.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Highway Standards [160 - 162.5] ( Article 4 enacted by Stats. 1935, Ch. 29. )

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    The department must develop and periodically update revised seismic standards for state highways and bridges, then share them with other public agencies after they are completed or updated.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Highway Standards [160 - 162.5] ( Article 4 enacted by Stats. 1935, Ch. 29. ) ## 162.5. (a) The department shall develop revised seismic standards for earthquake resistance to be utilized in the design and construction of new state highways and bridges, and for the retrofit of existing highways and bridges. (b) In the development of those standards, the department shall do all of the following: (1) Thoroughly investigate and analyze the structural damage to highways and bridges resulting from the October 17, 1989, Loma Prieta earthquake, and utilize the experience of that earthquake in the development of revised standards. (2) Incorporate in those standards, state of the art technology for designing and constructing highways and bridges to withstand extreme seismic activity, utilizing, where appropriate, the available technology and methodology from all engineering and scientific disciplines, including state of the art assessment tools and computer modeling techniques. Where appropriate, the department shall study and incorporate technologies utilized in other countries and proven technologies and accomplishments from other fields, such as those used in the design and construction of high-rise structures. (3) Maintain contact and communication, and exchange information with, persons and organizations concerned with seismic engineering issues. (c) The department shall continue to revise and update the standards periodically, so that they reflect the department’s latest findings. (d) Upon completing the development of revised seismic standards, and whenever those standards are updated, the department shall make the standards, including the supporting data, available to all other public agencies in this state which are engaged in the design, construction, or inspection of streets, roads, highways, and bridges. (Added by Stats. 1989, 1st Ex. Sess., Ch. 18, Sec. 3. Effective November 7, 1989.)
  135. 1622.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Highway Funds [1580 - 1654] ( Chapter 8 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Other Highway Funds [1622 - 1630] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    Counties must place Highway Users Tax Fund money into a road fund, and interest earned on that fund must also stay in the fund and be used for road purposes.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Highway Funds [1580 - 1654] ( Chapter 8 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Other Highway Funds [1622 - 1630] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 1622. All amounts paid to each county, out of money derived from the Highway Users Tax Fund shall be deposited in a “road fund” which each board of supervisors shall establish for that purpose. Interest received by a county from the investment of money in its road fund shall be deposited in the fund and shall be used for road purposes. (Amended by Stats. 1969, Ch. 344.)
  136. 1623.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Highway Funds [1580 - 1654] ( Chapter 8 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Other Highway Funds [1622 - 1630] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    County boards of supervisors may spend county road-fund money on streets, bridges, and culverts in certain city areas, and must set the ordinance rules for how those allocations are made.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Highway Funds [1580 - 1654] ( Chapter 8 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Other Highway Funds [1622 - 1630] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 1623. The board of supervisors of any county may expend any portion of the amounts thus received by that county in the construction, maintenance, improvement or repair of streets, bridges, and culverts within those cities in the county the governing bodies of which by ordinance or resolution authorize such work of acquisition of any real property or interest therein, or rights-of-way, construction, maintenance, improvement or repair. For this purpose each board of supervisors shall provide by ordinance the basis and conditions upon which allocations will be made from its road fund for expenditure upon streets, bridges, and culverts in cities within the county. (Amended by Stats. 1961, Ch. 801.)
  137. 1623.5.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Highway Funds [1580 - 1654] ( Chapter 8 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Other Highway Funds [1622 - 1630] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    Counties may not use money paid to them for highway or street construction or improvement when the contract calls for patented or proprietary paving material, unless competitive alternate bids were sought and the job was awarded to the lowest responsible bidder.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Highway Funds [1580 - 1654] ( Chapter 8 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Other Highway Funds [1622 - 1630] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 1623.5. None of the amounts paid to the counties shall be used for the construction or improvement of any highway or street if the contract for such construction or improvement specifies the use of any patented or proprietary paving material, unless the contract has been awarded to the lowest responsible bidder therefor after alternate bids have been called for and opportunity afforded for bids to be submitted for nonpatented or nonproprietary paving material in competition with an equal thickness and like design of such patented or proprietary paving material. This section shall not be deemed nor construed to prohibit the use of any patented or proprietary paving material in the maintenance of any highway or street when such highway or street has been constructed of such material and, in the opinion of the body, board or officer ordering such maintenance, it would be impractical to use a different paving material for such maintenance. (Added by Stats. 1943, Ch. 891.)
  138. 1624.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Highway Funds [1580 - 1654] ( Chapter 8 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Other Highway Funds [1622 - 1630] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    A county board of supervisors may spend road fund money for certain rights-of-way and highway work outside the county or for State highways, subject to the stated conditions.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Highway Funds [1580 - 1654] ( Chapter 8 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Other Highway Funds [1622 - 1630] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 1624. The board of supervisors of any county may, as provided in Section 1625, expend any portion of the amounts paid to that county, and deposited in the road fund, for the acquisition of rights-of-way and the construction of any public highway outside of its county limits, whenever such construction is authorized by ordinance or resolution of the board of supervisors of the county in which the highway is to be constructed or for the acquisition of rights-of-way for, or the construction, improvement or maintenance of, any State highway pursuant to a contract made as provided in Section 130. (Amended by Stats. 1961, Ch. 801.)
  139. 1625.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Highway Funds [1580 - 1654] ( Chapter 8 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Other Highway Funds [1622 - 1630] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    If authorization is given, the county board of supervisors may spend the authorized funds itself or transfer them by resolution for the highway project.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Highway Funds [1580 - 1654] ( Chapter 8 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Other Highway Funds [1622 - 1630] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 1625. Where such authorization is given, the board of supervisors of the county desiring the construction may: (a) Expend, through its own officers or agencies, the amounts authorized by section 1624. (b) By resolution transfer such amounts to the account of the commission or to the account of the Secretary of Agriculture of the United States, and may by such resolution specify and determine the location and type of construction of such highway. The amount thus transferred shall, if accepted by the Commission or the Secretary of Agriculture, be expended exclusively for the purpose specified and determined in the resolution. (Enacted by Stats. 1935, Ch. 29.)
  140. 1626.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Highway Funds [1580 - 1654] ( Chapter 8 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Other Highway Funds [1622 - 1630] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    County boards of supervisors may work on certain boundary-line county highways, acquire needed land or rights-of-way, and make joint contracts with adjoining county authorities.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Highway Funds [1580 - 1654] ( Chapter 8 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Other Highway Funds [1622 - 1630] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 1626. Power hereby is granted to the board of supervisors of any county, to construct, maintain, improve and repair any county highway which in whole or in part forms the boundary line between said county and another county in this State or any other state, or which in its meanderings crosses and recrosses such boundary line; and to acquire by purchase or condemnation any lands or rights-of-way within this State, necessary for such boundary highway; and to enter into joint contracts with authorities of adjoining counties within or without the State, for the construction, maintenance, improvement and repair of such highways. Any such highway shall be considered a county highway and expenditures may be made thereon from funds received by the county from the Highway Users Tax Fund to the extent provided by law for county highways. (Added by Stats. 1951, Ch. 1124.)
  141. 1627.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Highway Funds [1580 - 1654] ( Chapter 8 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Other Highway Funds [1622 - 1630] ( Article 3 enacted by Stats. 1935, Ch. 29. )

    Verify source ↗

    A county board of supervisors may create a right-of-way acquisition revolving fund for county highway purposes, if approved by a four-fifths vote.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Highway Funds [1580 - 1654] ( Chapter 8 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Other Highway Funds [1622 - 1630] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 1627. The board of supervisors of any county, by resolution adopted by four-fifths of the members thereof, may establish a county highway right of way acquisition revolving fund, to be used in acquiring rights of way for county highway purposes through purchase or condemnation. Money on deposit in said fund shall at no time exceed one-half of 1 percent of the assessed valuation of the county. (Added by Stats. 1957, Ch. 1478.)
  142. 1628.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Highway Funds [1580 - 1654] ( Chapter 8 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Other Highway Funds [1622 - 1630] ( Article 3 enacted by Stats. 1935, Ch. 29. )

    Verify source ↗

    A county board of supervisors may call an election to seek approval to issue and sell bonds for county highway right-of-way acquisition if the county has the specified revolving fund.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Highway Funds [1580 - 1654] ( Chapter 8 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Other Highway Funds [1622 - 1630] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 1628. The board of supervisors of any county which has established a county highway right of way acquisition revolving fund, may by resolution call an election to obtain authorization for the issuance and sale of bonds to finance the acquisition of rights of way for county highway purposes. Such bonds may be issued if approved by two-thirds of the electors voting at any regular or special election called for such purpose, and shall be limited in amount to one-half of 1 percent of the current assessed valuation of the county. (Added by Stats. 1957, Ch. 1478.)
  143. 1629.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Highway Funds [1580 - 1654] ( Chapter 8 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Other Highway Funds [1622 - 1630] ( Article 3 enacted by Stats. 1935, Ch. 29. )

    Verify source ↗

    A county board of supervisors may deposit county highway funds into a county highway right of way acquisition revolving fund if the county has established that fund.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Highway Funds [1580 - 1654] ( Chapter 8 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Other Highway Funds [1622 - 1630] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 1629. The board of supervisors of any county which has established a county highway right of way acquisition revolving fund may place on deposit in such fund any moneys available to such county for county highway purposes. (Added by Stats. 1957, Ch. 1478.)
  144. 163.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. )

    Verify source ↗

    The department and the commission must prepare transportation fund estimates using the rules listed in this section.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. ) ## 163. The Legislature, through the enactment of this section, intends to establish a policy for the use of all transportation funds that are available to the state, including the State Highway Account, the Public Transportation Account, and federal funds. For the purposes of this section, “federal funds” means any obligational authority to be provided under annual federal transportation appropriations acts. The department and the commission shall prepare fund estimates pursuant to Sections 14524 and 14525 of the Government Code based on the following: (a) Annual expenditures for the administration of the department shall be the same as the most recent Budget Act, adjusted for inflation. (b) Annual expenditures for the maintenance and operation of the state highway system shall be the same as the most recent Budget Act, adjusted for inflation and inventory, or, when a maintenance plan has been enacted pursuant to Section 164.6, maintenance expenditures shall be based on planned expenditures in that plan. (c) Annual expenditure for the rehabilitation of the state highway system shall be the same as the most recent Budget Act, or, when a long-range rehabilitation plan has been enacted pursuant to Section 164.6, shall be based on planned expenditures in that long-range plan. (d) Annual expenditures for local assistance shall be the amount required to fund local assistance programs required by state or federal law or regulations, including, but not limited to, railroad grade crossing maintenance, bicycle transportation account, congestion mitigation and air quality, regional surface transportation programs, local highway bridge replacement and rehabilitation, local seismic retrofit, local hazard elimination and safety, and local emergency relief. (e) After deducting expenditures for administration, operation, maintenance, local assistance, safety, and rehabilitation pursuant to subdivisions (a), (b), (c), and (d), and for expenditures pursuant to Section 164.56, the remaining funds shall be available for capital improvement projects to be programmed in the state transportation improvement program. (Amended by Stats. 2004, Ch. 212, Sec. 5. Effective August 11, 2004.)
  145. 1630.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Highway Funds [1580 - 1654] ( Chapter 8 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Other Highway Funds [1622 - 1630] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    The board of supervisors may use any appropriate funding method for county expressway system planning, construction, maintenance, and operation.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Highway Funds [1580 - 1654] ( Chapter 8 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Other Highway Funds [1622 - 1630] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 1630. The board of supervisors may use any appropriate method of funding the planning, designing, acquisition, construction, reconstruction, rehabilitation, maintenance, and operation of the county expressway system designated pursuant to Section 941.4. (Added by Stats. 1989, Ch. 367, Sec. 5.)
  146. 164.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. )

    Verify source ↗

    This section requires transportation funds to be split between interregional and regional projects, with additional minimum amounts directed to specified highway and rail uses.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. ) ## 164. (a) Funds made available for transportation capital improvement projects under subdivision (e) of Section 163 shall be programmed and expended for the following program categories: (1) Twenty-five percent for interregional improvements. (2) Seventy-five percent for regional improvements. (b) Sixty percent of the funds available for interregional improvements under paragraph (1) of subdivision (a) shall be programmed and expended for improvements to state highways that are specified in Sections 164.10 to 164.20, inclusive, and that are outside the boundaries of an urbanized area with a population of more than 50,000, and for intercity rail improvements. (c) Not less than 15 percent of the amount of funds programmed under subdivision (b) shall be programmed for intercity rail improvement projects, including separation of grade projects. (d) Funds made available under paragraph (1) of subdivision (a) shall be used for transportation improvement projects that are needed to facilitate interregional movement of people and goods. The projects may include state highway, intercity passenger rail, mass transit guideway, or grade separation projects. (e) Funds made available under paragraph (2) of subdivision (a) shall be used for transportation improvement projects that are needed to improve transportation within the region. The projects may include, but shall not be limited to, improving state highways, local roads, public transit, intercity rail, pedestrian, and bicycle facilities, and grade separation, transportation system management, transportation demand management, soundwall projects, intermodal facilities, safety, and providing funds to match federal funds. (Amended by Stats. 1998, Ch. 596, Sec. 5. Effective September 21, 1998.)
  147. 164.1.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. )

    Verify source ↗

    This section requires certain federal transportation funds to be separately identified in specified state and departmental planning documents, and sets special rules for how those funds may be used, matched, and exempted from some Section 164 limits.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. ) ## 164.1. (a) Federal funds derived from apportionments made to the state under Section 1101(a)(11) of the federal Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU; P.L. 109-59) for the coordinated border infrastructure program established under Section 1303 of that act shall be included and separately identified in the fund estimates prepared pursuant to Sections 14524 and 14525 of the Government Code, the interregional transportation improvement program submitted by the department pursuant to Section 14526 of the Government Code, and the state transportation improvement program adopted by the commission pursuant to Section 14529 of the Government Code. Except as otherwise provided in subdivision (b), these funds shall be programmed, allocated, and expended in the same manner as other federal funds made available for capital improvement projects in the state transportation improvement program. (b) Notwithstanding any other provision of law: (1) The programming, allocation, and expenditure of the funds described in subdivision (a) may be for any purpose authorized under federal law, including projects in Mexico. (2) The funds described in subdivision (a) shall not be subject to the distribution formulas and limitations described in Section 164. (3) The nonfederal match for the funds described in subdivision (a) may be programmed from any available local source, or any available state transportation funding source, including other state transportation improvement program funding, if the regional transportation planning agency concurs. (Added by Stats. 2006, Ch. 451, Sec. 1. Effective September 25, 2006.)
  148. 164.10.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. )

    Verify source ↗

    This section lists which routes count as eligible interregional and intercounty routes for Section 164.3(e).

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. ) ## 164.10. For purposes of subdivision (e) of Section 164.3, the eligible interregional and intercounty routes include all of the following: Route 1. Route 2, between the north urban limits of Los Angeles-Long Beach and Route 138. Route 4, between the east urban limits of Antioch-Pittsburg and Route 89. Route 5. Route 6. Route 7. Route 8. Route 9, between the north urban limits of Santa Cruz and the south urban limits of San Jose. Route 10, between the east urban limits of San Bernardino-Riverside and the Arizona state line. (Amended by Stats. 1996, Ch. 1154, Sec. 36. Effective September 30, 1996.)
  149. 164.11.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. )

    Verify source ↗

    This section lists which state highway routes count as eligible interregional and intercounty routes for Section 164.3(e).

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. ) ## 164.11. For purposes of subdivision (e) of Section 164.3, the eligible interregional and intercounty routes include all of the following: Route 12. Route 14. Route 15. Route 16, between the east urban limits of Sacramento and Route 49. Route 17, between the north urban limits of Santa Cruz and the south urban limits of San Jose. Route 18, between the City of San Bernardino and the junction with Routes 18 and 138 in Los Angeles County. Route 20. Route 25, between Route 146 in San Benito County and Route 101 in Santa Clara County. Route 28. Route 29. (Amended by Stats. 1998, Ch. 877, Sec. 10. Effective January 1, 1999.)
  150. 164.12.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. )

    Verify source ↗

    This section lists the routes that count as eligible interregional and intercounty routes for purposes of Section 164.3(e).

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. ) ## 164.12. For purposes of subdivision (e) of Section 164.3, the eligible interregional and intercounty routes include all of the following: Route 36, between Route 5 and Route 395. Route 37, between the east urban limits of San Francisco-Oakland near Novato and the west urban limits of San Francisco-Oakland near Vallejo. Route 38, between the east urban limits of San Bernardino-Riverside and Route 18 west of Big Bear Lake. Route 40. Route 41, between Route 1 and Yosemite National Park. Route 44, between the east urban limits of Redding and Route 36. Route 46, between Route 1 and Route 99. Route 49, between Route 41 and Route 89. (Amended by Stats. 1996, Ch. 1154, Sec. 38. Effective September 30, 1996.)
  151. 164.13.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. )

    Verify source ↗

    This section says which routes count as eligible interregional and intercounty routes for a specific cross-reference in Section 164.3.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. ) ## 164.13. For purposes of subdivision (e) of Section 164.3, the eligible interregional and intercounty routes include all of the following: Route 50. Route 53. Route 58, between Route 5 and Route 15. Route 62. Route 63, between the north urban limits of Visalia and Route 180. Route 65, between the north urban limits of Bakersfield and Route 198 near Exeter, and between Route 80 and Route 99 near Yuba City. Route 68. (Amended by Stats. 1996, Ch. 1154, Sec. 39. Effective September 30, 1996.)
  152. 164.14.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. )

    Verify source ↗

    This section lists the highway routes that count as eligible interregional and intercounty routes for Section 164.3.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. ) ## 164.14. For purposes of Section 164.3, the eligible interregional and intercounty routes include the following: Route 70, between Route 99 north of Sacramento and Route 395. Route 74. Route 78. Route 79, between Route 8 and Route 10. Route 80. Route 84, between Route 580 and Route 4. Route 86, between Route 111 in Brawley and Route 10. Route 88. Route 89. (Amended by Stats. 2003, Ch. 598, Sec. 1. Effective January 1, 2004.)
  153. 164.15.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. )

    Verify source ↗

    This section lists which routes count as eligible interregional and intercounty routes for Section 164.3, with some route-specific limits.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. ) ## 164.15. For purposes of Section 164.3, the eligible interregional and intercounty routes include all of the following: Route 94, except within the urban limits of the County of San Diego. Route 95, between Route 10 and the Nevada state line. Route 97. Route 98, between Route 111 and Route 7. Route 99, with routing to be determined via Route 70 or via Route 99 between Route 70 north of Sacramento and Route 149 north of Oroville. Route 101. Route 108, from Route 132 in Modesto to Route 120 east of Oakdale, and between Route 120 at Yosemite Junction and Route 395. Route 111, between the Mexico border near Calexico and Route 10 near Whitewater. Route 113, between Route 80 and Route 5. Route 116, between Route 1 and Route 12. (Amended by Stats. 2009, Ch. 189, Sec. 1. (SB 532) Effective January 1, 2010.)
  154. 164.16.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. )

    Verify source ↗

    This section lists the state highway routes that count as eligible interregional and intercounty routes for Section 164.3.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. ) ## 164.16. For purposes of Section 164.3, the eligible interregional and intercounty routes include all of the following: Route 120, between Route 5 and Route 395. Route 126, between the east urban limits of Oxnard-Ventura-Thousand Oaks and Route 5. Route 127. Route 128. Route 129, between Route 1 and Route 101. Route 132, west of Route 99, and between Route 99 and Route 108. Route 138, between Route 5 and Route 14 in Los Angeles County and between Route 14 in Los Angeles County and Route 18 near Crestline in San Bernardino County. Route 139, between Route 299 and the Oregon state line. Route 246, between Route 1 and Route 101. (Amended by Stats. 2009, Ch. 189, Sec. 2. (SB 532) Effective January 1, 2010.)
  155. 164.17.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. )

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    This section lists the routes that count as eligible interregional and intercounty routes for Section 164.3(e).

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. ) ## 164.17. For purposes of subdivision (e) of Section 164.3, the eligible interregional and intercounty routes include all of the following: Route 140, between the east urban limits of Merced and Yosemite National Park. Route 146. Route 149. Route 152, between Route 101 and Route 99. Route 154. Route 156, between Route 1 and Route 152. (Amended by Stats. 1998, Ch. 877, Sec. 12. Effective January 1, 1999.)
  156. 164.18.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. )

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    This section lists the highways that count as eligible interregional and intercounty routes for Section 164.3(e).

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. ) ## 164.18. For purposes of subdivision (e) of Section 164.3, the eligible interregional and intercounty routes include all of the following: Route 160, between the north urban limits of Antioch-Pittsburg and the south urban limits of Sacramento. Route 168, between the east urban limits of Fresno and Route 168 at Florence Lake Road, and between Route 168 near Lake Sabrina and Route 395. Route 178, between the east urban limits of Bakersfield and Route 14. Route 180, between the east urban limits of Fresno and Kings Canyon National Park. Route 188. Route 190, between Route 65 and Route 127. Route 198, between Route 5 and the Sequoia National Park. Route 199. (Amended by Stats. 1998, Ch. 877, Sec. 13. Effective January 1, 1999.)
  157. 164.19.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. )

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    This section says which routes count as eligible interregional and intercounty routes for Section 164.3.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. ) ## 164.19. For purposes of Section 164.3, the eligible interregional and intercounty routes include the following: Route 203. Route 205. Route 207. Route 215. Route 239. Route 243. Route 267. Route 299, between Route 101 and Route 89, and between Route 139 and Route 395. (Amended by Stats. 2003, Ch. 598, Sec. 2. Effective January 1, 2004.)
  158. 164.20.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. )

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    This section lists which routes count as eligible interregional and intercounty routes for Section 164.3(e).

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. ) ## 164.20. For purposes of subdivision (e) of Section 164.3, the eligible interregional and intercounty routes include all of the following: Route 330, between the north urban limits of San Bernardino-Riverside and Route 18. Route 371. Route 395. Route 505. Route 580. Route 680. Route 905, except within the urban limits of San Diego. (Added by Stats. 1989, Ch. 105, Sec. 57. Effective July 10, 1989.)
  159. 164.3.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. )

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    The interregional road system must consist only of the routes listed in Sections 164.10 to 164.20.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. ) ## 164.3. The interregional road system shall include, and shall be limited to, those routes that are specified in Sections 164.10 to 164.20, inclusive. (Amended by Stats. 1997, Ch. 622, Sec. 44. Effective January 1, 1998.)
  160. 164.53.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. )

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    A local agency may ask the commission to approve advance spending of non-state, non-federal funds for certain transportation projects. If approved, the spending can count toward the project’s nonfederal share or matching funds. The commission must also issue implementation guidelines and prepare a progress-and-impact report.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. ) ## 164.53. (a) A local agency may request authorization from the commission to make advance expenditures of funds, other than state or federal funds, for a project which is included in the priority list for the allocation of transit capital improvement funds pursuant to Section 99317 of the Public Utilities Code, or is included in the adopted state transportation improvement program, or is specifically authorized by Chapter 3 (commencing with Section 99620) of Part 11.5 of Division 10 of the Public Utilities Code. (b) If the commission approves a request submitted pursuant to subdivision (a), the approved advance expenditures shall be considered either part of the nonfederal share of project costs, or part of the match from public or private sources, for projects which are included in the transit capital improvement program pursuant to Section 99317 of the Public Utilities Code, or included in the state transportation improvement program, or which are authorized by Chapter 3 (commencing with Section 99620) of Part 11.5 of Division 10 of the Public Utilities Code. (c) The commission’s approval of a request pursuant to subdivision (b) does not, in and of itself, constitute an obligation to allocate state funds for the project. (d) The commission, in consultation with the department and local transportation officials, shall develop and adopt guidelines to implement this section. The guidelines shall include a requirement that the advance expenditure of funds will result in the completion of an operable segment of a transportation project. The acquisition of right-of-way needed either for a usable urban or commuter rail project or an operable segment of an urban or commuter rail project meets that requirement. (e) The commission shall prepare a report on the progress and impact of the advance expenditure program authorized by this section and shall include the report as an element of the annual report to the Legislature required pursuant to Sections 14535 and 14536 of the Government Code. (Amended by Stats. 2009, Ch. 140, Sec. 175. (AB 1164) Effective January 1, 2010.)
  161. 164.56.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. )

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    This section creates a fund for environmental enhancement and mitigation projects and sets rules for who may apply, how proposals are reviewed, and how grants are awarded.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. ) ## 164.56. (a) It is the intent of the Legislature to allocate seven million dollars ($7,000,000) annually to the Environmental Enhancement and Mitigation Program Fund, which is hereby created. (b) Local, state, and federal agencies and nonprofit entities may apply for and may receive grants, not to exceed five million dollars ($5,000,000) for any single grant, to undertake environmental enhancement and mitigation projects that are directly or indirectly related to the environmental impact of modifying existing transportation facilities or for the design, construction, or expansion of new transportation facilities. (c) Projects eligible for funding include, but are not limited to, all of the following: (1) Urban forestry projects designed to offset vehicular emissions of carbon dioxide. (2) Acquisition or enhancement of resource lands to mitigate the loss of, or the detriment to, resource lands lying within the right-of-way acquired for proposed transportation improvements. (3) Projects to mitigate the impact of proposed transportation facilities or to enhance the environment, where the ability to effectuate the mitigation or enhancement measures is beyond the scope of the lead agency responsible for assessing the environmental impact of the proposed transportation improvement. (d) Grant proposals shall be submitted to the Resources Agency for evaluation in accordance with procedures and criteria prescribed by the Resources Agency. The Resources Agency shall evaluate proposals submitted to it and prepare a list of proposals recommended for funding. The list may be revised at any time. Prior to including a proposal on the list, the Resources Agency shall make a finding that the proposal is eligible for funding pursuant to subdivision (f). (e) Within the fiscal limitations of subdivisions (a) and (b), the commission shall annually award grants to fund proposals that are included on the list prepared by the Resources Agency pursuant to subdivision (d). (f) Projects funded pursuant to this section shall be projects that contribute to mitigation of the environmental effects of transportation facilities, as provided for by Section 1 of Article XIX of the California Constitution. (Amended by Stats. 2013, Ch. 359, Sec. 1. (SB 99) Effective September 26, 2013.)
  162. 164.6.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. )

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    The department must prepare and regularly update a State Highway System Management Plan covering rehabilitation, maintenance, cost control, and reporting.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.3. Transportation Funding Plan [163 - 164.56] ( Article 4.3 added by Stats. 1988, Ch. 24, Sec. 13. ) ## 164.6. (a) (1) The department shall prepare a State Highway System Management Plan. The plan shall include a 10-year state highway system rehabilitation plan for the rehabilitation or reconstruction, or the combination thereof, by the State Highway Operation and Protection Program, of all state highways and bridges owned by the state. The plan shall identify all rehabilitation needs for the 10-year period beginning on July 1, 1998, and ending on June 30, 2008, and shall include a schedule of improvements to complete all needed rehabilitation during the life of the plan not later than June 30, 2008. The plan shall be updated every two years beginning in 2000. (2) The State Highway System Management Plan shall also include a five-year maintenance plan that addresses the maintenance needs of the state highway system. The maintenance plan shall be updated every two years, concurrent with the rehabilitation plan described in paragraph (1). The maintenance plan shall include only maintenance activities that, if the activities are not performed, could result in increased State Highway Operation and Protection Program costs in the future. The maintenance plan shall identify any existing backlog in those maintenance activities and shall recommend a strategy, specific activities, and an associated funding level to reduce or prevent any backlog during the plan five-year period. (b) (1) The State Highway System Management Plan shall include specific quantifiable accomplishments, goals, objectives, costs, and performance measures, including for complete streets facilities, including pedestrian and bicycle facilities, consistent with the asset management plan required by Section 14526.4 of the Government Code. The plan shall contain strategies to control costs and improve efficiency of the State Highway Operation and Protection Program. (2) In 2027, as feasible, and continuing thereafter, the State Highway System Management Plan shall include specific quantifiable accomplishments, goals, objectives, costs, and performance measures for transit priority facilities, consistent with the asset management plan required by Section 14526.4 of the Government Code and the department’s transit policy and associated guidance. (c) The State Highway System Management Plan for rehabilitation and maintenance shall attempt to balance resources between State Highway Operation and Protection Program activities and maintenance activities in order to achieve identified goals at the lowest possible long-term total cost. If the maintenance plan recommends increases in maintenance spending, it shall identify projected future State Highway Operation and Protection Program costs that would be avoided by increasing maintenance spending. The department’s maintenance division shall identify highway maintenance projects and associated costs that allow it to achieve the requirements of this subdivision. (d) The draft State Highway System Management Plan shall be submitted to the commission for review and comments not later than February 15 of each odd-numbered year, and the final plan shall be transmitted by the department to the Governor and the Legislature not later than June 1 of each odd-numbered year. The department shall make the draft of its proposed plan available to regional transportation agencies for review and comment, and shall include and respond to the comments in the final plan. (e) The State Highway System Management Plan shall be the basis for the department’s budget request and for the adoption of fund estimates pursuant to Section 163. (Amended by Stats. 2024, Ch. 630, Sec. 6. (SB 960) Effective January 1, 2025.)
  163. 165.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.5. Transportation Budget [165 - 171] ( Article 4.5 added by Stats. 1977, Ch. 1106. )

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    The department must prepare and submit a proposed budget to the Governor and include the part funded by the State Highway Account. It must also tell the commission the assumptions and policy directions it plans to use, and send that information as soon as it is available. The commission must review those assumptions and policy directions and send its comments and recommendations back to the department.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.5. Transportation Budget [165 - 171] ( Article 4.5 added by Stats. 1977, Ch. 1106. ) ## 165. The department shall prepare and submit to the Governor a proposed budget. The department shall include, within the proposed budget, the portion of that budget that is to be funded from the State Highway Account. The department shall inform the commission of all pertinent assumptions and policy directions it intends to use in preparing the budget. This information shall be forwarded to the commission as soon as available. The commission shall review the assumptions and policy directions used in preparing the budget and forward its comments and recommendations to the department. (Amended by Stats. 1982, Ch. 681, Sec. 51.)
  164. 1650.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Highway Funds [1580 - 1654] ( Chapter 8 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Apportionment of Road District Funds [1650 - 1654] ( Article 4 enacted by Stats. 1935, Ch. 29. )

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    This section defines “unencumbered funds” of a district for this article.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Highway Funds [1580 - 1654] ( Chapter 8 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Apportionment of Road District Funds [1650 - 1654] ( Article 4 enacted by Stats. 1935, Ch. 29. ) ## 1650. For the purposes of this article, the unencumbered funds of the district are the sum of all money, uncollected taxes, and other uncollected accounts belonging to or due to such district, in excess of an amount sufficient to pay all claims and accounts against the district, including both claims and accounts lawfully payable from the funds of such district on the date of annexation or incorporation, and claims and accounts which will become payable from such funds by reason of lawful contracts in force on that date. (Enacted by Stats. 1935, Ch. 29.)
  165. 1651.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Highway Funds [1580 - 1654] ( Chapter 8 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Apportionment of Road District Funds [1650 - 1654] ( Article 4 enacted by Stats. 1935, Ch. 29. )

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    If territory is included in a city and is part of a road district, the county surveyor (or similar county officer) must note the incorporated or annexed property on the county assessor’s map books.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Highway Funds [1580 - 1654] ( Chapter 8 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Apportionment of Road District Funds [1650 - 1654] ( Article 4 enacted by Stats. 1935, Ch. 29. ) ## 1651. Whenever any territory is included in any city, either at the original incorporation of such city, or by subsequent annexation thereto, and such territory constitutes all or part of a road district, the county surveyor or, in a county not having a county surveyor, the officer having similar duties and authority, shall indicate on the map books of the county assessor the property incorporated or annexed. (Enacted by Stats. 1935, Ch. 29.)
  166. 1652.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Highway Funds [1580 - 1654] ( Chapter 8 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Apportionment of Road District Funds [1650 - 1654] ( Article 4 enacted by Stats. 1935, Ch. 29. )

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    The assessor must determine the assessed value of certain incorporated or annexed property from the assessor’s records and certify that value to the county auditor.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Highway Funds [1580 - 1654] ( Chapter 8 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Apportionment of Road District Funds [1650 - 1654] ( Article 4 enacted by Stats. 1935, Ch. 29. ) ## 1652. The assessor shall then ascertain from his records the assessed value of such incorporated or annexed property on the lien date and shall certify to the county auditor such value thus ascertained. (Amended by Stats. 1966, 1st Ex. Sess., Ch. 147.)
  167. 1653.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Highway Funds [1580 - 1654] ( Chapter 8 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Apportionment of Road District Funds [1650 - 1654] ( Article 4 enacted by Stats. 1935, Ch. 29. )

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    The auditor must calculate a proportional assessed-value share and prepare a city claim for the corresponding share of the district’s unencumbered funds.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Highway Funds [1580 - 1654] ( Chapter 8 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Apportionment of Road District Funds [1650 - 1654] ( Article 4 enacted by Stats. 1935, Ch. 29. ) ## 1653. The auditor shall then calculate the proportion that the assessed value, on the preceding lien date of the property annexed or incorporated bears to the total assessed value, as of that day, of all the property in the district from which the annexation or incorporation was made. He shall prepare a claim in favor of the city, to be allowed by the board of supervisors and paid by warrant on the treasurer, for that part of the unencumbered funds of the district which bears the same proportion to the whole of such unencumbered funds as the assessed value of the property annexed or incorporated bears to the total assessed value of all the property in the district from which the annexation or incorporation was made. (Amended by Stats. 1966, 1st Ex. Sess., Ch. 147.)
  168. 1654.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Highway Funds [1580 - 1654] ( Chapter 8 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Apportionment of Road District Funds [1650 - 1654] ( Article 4 enacted by Stats. 1935, Ch. 29. )

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    A city must repay the county its share of highway-purpose taxes that are later refunded or canceled, and any money paid to the city under this article must be used only for highway purposes.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 8. Highway Funds [1580 - 1654] ( Chapter 8 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Apportionment of Road District Funds [1650 - 1654] ( Article 4 enacted by Stats. 1935, Ch. 29. ) ## 1654. Such city shall repay to the county its proportion of all taxes for highway purposes on the annexed or incorporated portion of such district which are subsequently refunded or canceled. The money paid to such city, pursuant to this article, shall be expended for highway purposes only. (Amended by Stats. 1966, 1st Ex. Sess., Ch. 147.)
  169. 166.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.5. Transportation Budget [165 - 171] ( Article 4.5 added by Stats. 1977, Ch. 1106. )

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    The transportation budget portion funded by the State Highway Account must be included in the printed fiscal year budget, and the Department of Transportation and Department of Finance must jointly set its level of detail.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.5. Transportation Budget [165 - 171] ( Article 4.5 added by Stats. 1977, Ch. 1106. ) ## 166. The portion of the proposed budget to be funded from the State Highway Account shall be included in the printed fiscal year budget submitted to the Legislature. The degree of detail contained in the portion of the proposed budget shall be established jointly by the Department of Transportation and the Department of Finance. That portion of the proposed budget shall be, for the State Highway Account, the complete and detailed budget as required by Section 13320 of the Government Code. In case of inconsistency between that section and this article, the provisions of this article shall control. Notwithstanding Section 13321 of the Government Code, the Department of Transportation, in administering the budget of the State Highway Account, shall be responsible for determining the expenditures or incurrence of obligations by quarter or other period of the fiscal year. (Amended by Stats. 1982, Ch. 681, Sec. 52.)
  170. 166.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.5. Transportation Budget [165 - 171] ( Article 4.5 added by Stats. 1977, Ch. 1106. )

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    The Department of Transportation must develop budgeting, accounting, fiscal control, and management information systems, and coordinate that development with specified legislative and finance bodies.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.5. Transportation Budget [165 - 171] ( Article 4.5 added by Stats. 1977, Ch. 1106. ) ## 166.5. In order to support its proposed budgets and to improve its program management, the Department of Transportation shall develop budgeting, accounting, fiscal control, and management information systems to provide at least the following information: (a) Documentation and control of positions and personnel services expenditures. (b) Accounting and reporting of revenues and expenditures on a basis generally consistent with provisions of the Government Code. These systems shall be developed to better inform the Legislature so that responsible legislative oversight of the program and budget of the Department of Transportation would be possible. These systems shall recognize the special characteristics of the department’s program. Development of these systems shall be closely coordinated with the Department of Finance, the Joint Legislative Budget Committee, the Committees on Transportation of the Senate and Assembly, the Subcommittee on General Government and Transportation of the Senate Committee on Finance, and the Subcommittee on Resources and Transportation of the Assembly Committee on Ways and Means. (Amended by Stats. 1982, Ch. 681, Sec. 53.)
  171. 167.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.5. Transportation Budget [165 - 171] ( Article 4.5 added by Stats. 1977, Ch. 1106. )

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    This section directs how certain transportation funds and budgets must be organized, prioritized, reported, and submitted.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.5. Transportation Budget [165 - 171] ( Article 4.5 added by Stats. 1977, Ch. 1106. ) ## 167. (a) Funds in the State Highway Account in the State Transportation Fund shall be programmed, budgeted subject to Section 163, and expended to maximize the use of federal funds and shall be based on the following sequence of priorities: (1) Operation, maintenance, and rehabilitation of the state highway system. (2) Safety improvements where physical changes, other than adding additional lanes, would reduce fatalities and the number and severity of injuries. (3) Transportation capital improvements that expand capacity or reduce congestion, or do both. (4) Environmental enhancement and mitigation programs. (b) With respect to the funds in the State Highway Account, in the Public Transportation Account, and in the Passenger Rail Bond Fund, the proposed budget shall be organized on a program basis. The proposed budget shall list the proposed expenditures for the transportation program under the following program elements: (1) Administration. (2) Program development. (3) Maintenance. (4) State highway operation and protection. (5) Local assistance. (6) Interregional improvements. (7) Regional improvements. (8) Environmental enhancement and mitigation programs. (c) State operations expenditure amounts of the department for interregional and regional transportation improvement projects shall be listed as required by subdivision (b) of Section 14529 of the Government Code, but those amounts other than those for the acquisition of rights-of-way, construction, and construction support shall not be subject to allocation by the commission. (d) To align the annual budget with the adopted state transportation improvement program, the department may submit to the Department of Finance revised capital outlay support and capital outlay budget estimates as part of its May Revision process. Budget proposals related to these changes shall be provided to the Legislature no later than May 1. (e) The budget shall not include specific appropriations for specific transportation improvement projects, and the Legislature shall not enact legislation containing specific individual transportation projects. (f) The basis for defining major and minor capital outlay projects shall be established by the commission. (g) The Legislative Analyst shall prepare an analysis of the proposed expenditures for each program element as a part of the budget analysis. (h) The department shall submit to the Legislative Analyst, and the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget, on an annual basis, supplemental information to substantiate the department’s proposed capital outlay support budget. The information shall be provided no later than May 1 of each year, and may be provided at an earlier date. The information shall include, but not be limited to, the following: (1) A list of projects for which the department will perform capital outlay support work in the budget year. For each project, the department shall include: (A) The planned project support budget for support of environmental, design, right-of-way, and construction phases. (B) The planned capital costs, including construction capital costs and right-of-way capital costs. (C) The estimated or actual construction start date and completion date. (D) The name and year of the state transportation program in which the project is programmed, if applicable. (E) Total prior fiscal year expenditures for capital outlay support. (F) The number of full-time equivalent positions requested to perform support of environmental, design, right-of-way, and construction work in the fiscal year of the budget request. (G) Milestones of project work by phases that are planned to be completed in the fiscal year of the budget request. (H) The ratio of support to capital costs based on current programming. (2) The capital-to-support ratio for all projects completed in the prior fiscal year in each program in each district. (3) The current total number of authorized and vacant positions in the capital outlay support program in headquarters and in each district. (4) A five-year projection of the department’s staffing needs to support the state’s transportation capital programs and any workload performed by the department related to federal or local funding for highway capital projects. (5) The average cost of a personnel-year equivalent in each district based on the department’s existing contracts for capital outlay support work performed by a private company under contract with the department. For each average cost, the department shall provide a description of what factors are included in that cost. (6) The average cost of a state staff personnel-year in the capital outlay support program in each district and in headquarters. The cost shall include the salary and wages, benefits, program overhead, administrative overhead, and other associated costs. The department shall provide a description of each component of the average cost. (7) A summary of expected capital outlay support workload for the budget year that includes the following: (A) The total full-time equivalents requested for each type of the following activities: environmental, design, right-of-way, and construction. (B) The total full-time equivalents requested for each type of project, including, but not limited to, the state transportation improvement program, the state highway operation and protection program, bond programs, regional and local agency partnership workload, and any other program. (8) The total number of projects with requested resources, as well as the number of projects in which the department is limited to an oversight role. (9) The number of milestones scheduled, including environmental, design, right-of-way, and construction deliverables, as well as the number of projects expected to begin construction and reach completion. (10) A summary for the most recently completed fiscal year for the following: (A) Full-time equivalents and related funding expended, including support of environmental, design, right-of-way, and construction activities. (B) Approved and filled positions as of the end of the fiscal year. (Amended by Stats. 2012, Ch. 272, Sec. 2. (SB 1102) Effective January 1, 2013.)
  172. 1670.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 1. Cooperation with United States Government [1670 - 1672] ( Article 1 enacted by Stats. 1935, Ch. 29. )

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    County boards of supervisors may make cooperative agreements with the U.S. Secretary of Agriculture or another authorized federal officer for highway or trail survey, construction, and maintenance, if the county authorizes it by ordinance or resolution.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 1. Cooperation with United States Government [1670 - 1672] ( Article 1 enacted by Stats. 1935, Ch. 29. ) ## 1670. The board of supervisors of any county may enter into cooperative agreements with the Secretary of Agriculture of the United States, or other properly authorized officer of the United States, for the survey, construction, and maintenance of highways or trails within such county, or for the survey, construction, and maintenance of highways or trails outside of its county limits, including highways or trails lying partly within and partly without the boundaries of the State, where authorization therefor is given by ordinance or resolution of the board of supervisors or other properly authorized agency of the county in which such highways or trails or a portion thereof are to be constructed. (Amended by Stats. 1951, Ch. 1124.)
  173. 1671.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 1. Cooperation with United States Government [1670 - 1672] ( Article 1 enacted by Stats. 1935, Ch. 29. )

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    The county board of supervisors may spend money needed for cooperative highway agreements and may pay those costs from the county general fund or another fund it designates.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 1. Cooperation with United States Government [1670 - 1672] ( Article 1 enacted by Stats. 1935, Ch. 29. ) ## 1671. The agreements shall be entered into pursuant to the provisions of Section 8 of the act of Congress, approved July 11, 1916, entitled “An act to provide that the United States shall aid the states in the construction of rural post roads and for other purposes,” or pursuant to the provisions of Section 23 of the Federal-Aid Highway Act, upon such terms as may be agreed upon by the county and the Secretary of Agriculture. The county board of supervisors may incur expenses necessary to perform its part of the cooperative agreements, and may pay the cost and expenses of the agreements out of the county general fund or such other fund as the board of supervisors designates or otherwise provides. (Amended by Stats. 1980, Ch. 777, Sec. 80.6.)
  174. 1672.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 1. Cooperation with United States Government [1670 - 1672] ( Article 1 enacted by Stats. 1935, Ch. 29. )

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    The county treasurer must deposit certain county highway funds with the Federal Reserve Bank to the credit of the United States when the required federal request and county board order are present.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 1. Cooperation with United States Government [1670 - 1672] ( Article 1 enacted by Stats. 1935, Ch. 29. ) ## 1672. Upon request of the proper officer of the United States, together with the order of the board of supervisors of the county, the county treasurer shall deposit with the Federal Reserve Bank to the credit of the United States all money set aside by the board of supervisors under agreements entered into with the United States in accordance with the provisions of the Federal-Aid Highway Act and subsequent acts of like nature. The money shall be paid out by the proper fiscal agent of the United States pursuant to the agreements. (Amended by Stats. 1980, Ch. 777, Sec. 80.7.)
  175. 1680.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Cooperation with Cities [1680 - 1686] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    A county board of supervisors may, by a four-fifths vote, decide that certain street-related activities are of general county interest and extend county aid for them.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Cooperation with Cities [1680 - 1686] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 1680. The board of supervisors of any county may, by a resolution adopted by a four-fifths vote of its members, determine that any of the following activities are of general county interest and that county aid shall be extended therefor: (a) The laying out, opening, construction, improvement, maintenance, repair, or altering of all or any part of any street within a city or extending along or across the boundary of a city. (b) The establishing, modifying or changing the grade of any such street. (c) The separation of the grades of any two or more such streets which intersect. (d) The separation of the grade of any such street from the grade of any steam, electric or street railroad crossing such street. (e) The construction of the necessary pavements, curbs, culverts, bridges, tunnels, subways, viaducts, drainage facilities or structures incident to or a part of such street. (f) The acquisition of any real property or interest therein, rights of way or other property necessary for any of the purposes mentioned in this section. (Amended by Stats. 1935, Ch. 629.)
  176. 1681.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Cooperation with Cities [1680 - 1686] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    A resolution must identify the street work, the general improvement, the county aid, and the funds to pay for that aid.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Cooperation with Cities [1680 - 1686] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 1681. Such resolution shall specify the proposed new or existing street or portion of street, the general nature of the improvement proposed, the nature of the aid to be furnished by the county, and any funds from which the aid is to be paid. (Enacted by Stats. 1935, Ch. 29.)
  177. 1682.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Cooperation with Cities [1680 - 1686] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    A county may give aid, if it acts in accordance with the relevant resolution, by contributing money, delivering material, providing labor or engineering services, loaning road-building machinery, or paying money for certain bond interest, payment, or redemption.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Cooperation with Cities [1680 - 1686] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 1682. Thereafter and in accordance with such resolution the county may give aid in one or more of the following ways: (a) Contribute money. (b) Acquire and deliver material. (c) Furnish labor or engineering services. (d) Loan its road building machinery. (e) Pay or contribute money to be used for the payment of interest upon, or for the payment or redemption of, bonds, the proceeds of which have been used for, or which have been issued in payment for, work mentioned in this article. (Enacted by Stats. 1935, Ch. 29.)
  178. 1683.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Cooperation with Cities [1680 - 1686] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    The expense of this aid may be paid from specified county funds or any other fund available for the purpose.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Cooperation with Cities [1680 - 1686] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 1683. The expense of such aid may be paid from one or more of the following: (a) The county general fund. (b) The road fund. (c) The proceeds of any county bond issue voted for the purpose of laying out, constructing, maintaining, improving or repairing county highways or for the acquisition of any real property or interest therein, rights of way or other property necessary for such purposes. (d) Any other fund available for such purposes. (Amended by Stats. 1961, Ch. 801.)
  179. 1684.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Cooperation with Cities [1680 - 1686] ( Article 2 enacted by Stats. 1935, Ch. 29. )

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    The city must use aid it receives only for the activities described in the resolution, and must return any unused portion to the county.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Cooperation with Cities [1680 - 1686] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 1684. The city shall use all aid which it receives in the activities described in the resolution and shall return to the county any portion of such aid which is not thus used. (Enacted by Stats. 1935, Ch. 29.)
  180. 1685.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Cooperation with Cities [1680 - 1686] ( Article 2 enacted by Stats. 1935, Ch. 29. )

    Verify source ↗

    Boards of supervisors may make contracts or agreements with a city’s legislative body for the purposes set out in Section 1803.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Cooperation with Cities [1680 - 1686] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 1685. Boards of supervisors may enter into contracts or agreements with the legislative body of any city for the purposes specified in Section 1803. (Added by Stats. 1951, Ch. 463.)
  181. 1686.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Cooperation with Cities [1680 - 1686] ( Article 2 enacted by Stats. 1935, Ch. 29. )

    Verify source ↗

    A county board of supervisors may, by a four-fifths vote, resolve to extend county aid for improving or maintaining certain city streets.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Cooperation with Cities [1680 - 1686] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 1686. The Legislature hereby finds that the improvement and maintenance of all city streets is of general county interest. The board of supervisors of any county may, by resolution adopted by a four-fifths vote of its members, determine that county aid shall be extended for the improvement or maintenance of streets within a city or extending along or across the boundary of a city. Such resolution shall specify the general nature of the improvement and maintenance proposed, the nature of the aid to be furnished by the county, and any funds from which the aid is to be paid. Such resolution need not specify the streets to be improved or maintained within such city but may in general terms specify the general character of the work proposed and require such reports and accounting of the expenditure of such aid funds as it may find to be necessary and convenient. The provisions of this section shall be deemed as an alternative procedure to that otherwise specified in this article. (Added by Stats. 1955, Ch. 1130.)
  182. 169.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.5. Transportation Budget [165 - 171] ( Article 4.5 added by Stats. 1977, Ch. 1106. )

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    This section says that, for this code, the date a contract is awarded or a day-labor project starts is treated as the time the full obligation is incurred, except as provided in Section 170.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.5. Transportation Budget [165 - 171] ( Article 4.5 added by Stats. 1977, Ch. 1106. ) ## 169. For the purposes of this code, except as provided in Section 170, the date of the award of a contract and of the commencement of a day-labor project shall be deemed the time when the entire obligation thereunder is incurred. (Added by Stats. 1977, Ch. 1106.)
  183. 17.

    ## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. )

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    For this code section, “oath” also means an affirmation.

    ## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. ) ## 17. “Oath” includes affirmation. (Enacted by Stats. 1935, Ch. 29.)
  184. 170.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.5. Transportation Budget [165 - 171] ( Article 4.5 added by Stats. 1977, Ch. 1106. )

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    The department may limit contractor payments in the contract specifications for certain projects, and the contracts must still provide for completion of the work and full payment.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.5. Transportation Budget [165 - 171] ( Article 4.5 added by Stats. 1977, Ch. 1106. ) ## 170. Where it is estimated by the department that the work involved in a project to be constructed under the State Contract Act (Chapter 1 (commencing with Section 10100) of Part 2 of Division 2 of the Public Contract Code) will not be completed within a given fiscal year, the department, in the contract specifications, may provide a limitation upon the amounts that will be paid to the contractor during the first or second fiscal years of the construction period. Subject to this limitation, the contracts shall provide for the completion of the work and full payment therefor. For the purposes of complying with Section 169, the department may include in any proposed budget, and the commission may allocate, at least the amounts with reference to those construction projects as would be payable during the fiscal year, together with all necessary engineering and other charges. (Amended by Stats. 2002, Ch. 438, Sec. 27. Effective January 1, 2003.)
  185. 170.5.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.5. Transportation Budget [165 - 171] ( Article 4.5 added by Stats. 1977, Ch. 1106. )

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    The department may finance a project on a cash basis if it will not be completed within a fiscal year and the department has unused bonding authority not needed for other projects.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.5. Transportation Budget [165 - 171] ( Article 4.5 added by Stats. 1977, Ch. 1106. ) ## 170.5. Notwithstanding Section 13302 of the Government Code, the department may, with respect to any project which will not be completed within a fiscal year, finance the project on a cash basis if the department has sufficient unused bonding authority not earmarked for any other project. (Added by Stats. 1988, Ch. 24, Sec. 14. Effective March 14, 1988.)
  186. 1700.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Extension of County Highways Through Cities [1700 - 1706] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    A county board of supervisors may, by a four-fifths vote, declare a highway in the county that lies partly or wholly within a city to be a county highway for certain purposes.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Extension of County Highways Through Cities [1700 - 1706] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 1700. The board of supervisors of any county may, by a resolution adopted by a four-fifths vote of its members, declare any highway in the county lying in whole or in part within a city to be a county highway for one or more of the following purposes: acquisition of rights-of-way, construction, maintenance, improvement, or repair. (Amended by Stats. 1961, Ch. 730.)
  187. 1701.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Extension of County Highways Through Cities [1700 - 1706] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    A city governing body may consent to part of a highway becoming a county highway after receiving the resolution.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Extension of County Highways Through Cities [1700 - 1706] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 1701. A copy of such resolution shall be forwarded to the governing body of the city within which is included any portion of the highway. Such governing body may consent to the establishment of such included portion as a part of the county highway. Upon the taking effect of an ordinance or resolution containing such consent, such portion of such highway shall become a county highway for one or more of the following purposes: acquisition of rights-of-way, construction, maintenance, improvement, or repair. (Amended by Stats. 1967, Ch. 1165.)
  188. 1702.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Extension of County Highways Through Cities [1700 - 1706] ( Article 3 enacted by Stats. 1935, Ch. 29. )

    Verify source ↗

    The county board of supervisors may acquire rights-of-way and may build, maintain, improve, or repair the highway, and may pay for that work from listed county funds.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Extension of County Highways Through Cities [1700 - 1706] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 1702. Thereafter the board of supervisors of the county may acquire rights-of-way for, construct, maintain, improve, or repair such highway in the same manner as other county highways, and may pay for such work out of one or more of the following: (a) The county general fund. (b) The road fund. (c) The proceeds of any county bond issue voted for the purpose of laying out, constructing, maintaining, improving or repairing county highways. (d) Any other fund available for such purposes. (Amended by Stats. 1963, Ch. 485.)
  189. 1703.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Extension of County Highways Through Cities [1700 - 1706] ( Article 3 enacted by Stats. 1935, Ch. 29. )

    Verify source ↗

    This section says the article does not limit any city’s police power over streets or street portions improved under the article.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Extension of County Highways Through Cities [1700 - 1706] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 1703. Nothing contained in this article shall limit in any manner the police power of any city with reference to any such street or portion of street improved under the provisions of this article. (Enacted by Stats. 1935, Ch. 29.)
  190. 1704.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Extension of County Highways Through Cities [1700 - 1706] ( Article 3 enacted by Stats. 1935, Ch. 29. )

    Verify source ↗

    The county board of supervisors may resolve that a city street, or part of it, is no longer a county highway once the county’s improvements on it are fully completed.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Extension of County Highways Through Cities [1700 - 1706] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 1704. At any time after all or a portion of a city street becomes a county highway, as provided in this article, and all improvements commenced by the county, or its agents thereon, have been fully completed, the board of supervisors of such county may adopt a resolution declaring that all or any portion of such street is no longer a county highway. Ten days after the filing of such resolution with the clerk of the city within which the street lies, such street, or the portion thereof described in the resolution, shall cease to be a county highway. (Amended by Stats. 1935, Ch. 140.)
  191. 1705.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Extension of County Highways Through Cities [1700 - 1706] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    If county bonds are voted or a special tax is levied for paving a county highway that runs into or through a city, the board of supervisors must pave the designated portion inside the city.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Extension of County Highways Through Cities [1700 - 1706] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 1705. Whenever county bonds are voted or a special tax is levied for paving a county highway, and the natural course of such highway runs into or through any city, the board of supervisors shall pave within such city that portion of the highway which is designated by the chief executive of the city and the county supervisor in whose district such portion is located. Such highway portion shall be constructed to standards equal to those of the highway approaching such city. If such chief executive and such supervisor do not agree as to what street will be thus designated, then the chairman of the commission shall designate the street and his judgment shall be final and conclusive. (Enacted by Stats. 1935, Ch. 29.)
  192. 1706.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Extension of County Highways Through Cities [1700 - 1706] ( Article 3 enacted by Stats. 1935, Ch. 29. )

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    If a city lets a county use city streets and highways for a county road project, the county board of supervisors may build and maintain bridges and may improve the highway or boulevard.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. Extension of County Highways Through Cities [1700 - 1706] ( Article 3 enacted by Stats. 1935, Ch. 29. ) ## 1706. Whenever a city permits a county to use the city streets and highways for the purpose of constructing and maintaining any highway or boulevard as part of a county system of roads pursuant to Section 1850, the board of supervisors may construct and maintain such bridge or bridges on such highway or boulevard within the city as it deems necessary, and may macadamize, pave, curb, or gutter, such highway or boulevard in such manner as it determines; and the cost or expense thereof shall be paid from the general fund of the county. (Added by Stats. 1951, Ch. 463.)
  193. 171.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.5. Transportation Budget [165 - 171] ( Article 4.5 added by Stats. 1977, Ch. 1106. )

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    Before each fiscal year starts, the department may advertise bids for planned capital outlay projects, but it cannot award contracts until funds are appropriated and the commission has allocated sufficient funds.

    ## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4.5. Transportation Budget [165 - 171] ( Article 4.5 added by Stats. 1977, Ch. 1106. ) ## 171. Prior to the commencement of each fiscal year, the department may advertise for bids for capital outlay projects anticipated to be budgeted during the fiscal year. However, the department shall not award any contract for any capital outlay project until (1) sufficient funds have been appropriated for such project and (2) the commission has allocated sufficient funds for the project. (Added by Stats. 1977, Ch. 1106.)
  194. 1710.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Cooperation Between Cities and Counties [1710 - 1712] ( Article 4 added by Stats. 1957, Ch. 273. )

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    A city and county may agree that the city will build, repair, and maintain designated county highways in the county’s unincorporated area, with the county paying the cost.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Cooperation Between Cities and Counties [1710 - 1712] ( Article 4 added by Stats. 1957, Ch. 273. ) ## 1710. A city and a county may agree that the city shall construct, repair and maintain designated county highways or portions thereof within the unincorporated territory of the county, the cost thereof to be paid by the county to the city. (Added by Stats. 1957, Ch. 273.)
  195. 1711.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Cooperation Between Cities and Counties [1710 - 1712] ( Article 4 added by Stats. 1957, Ch. 273. )

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    A county and a city may agree that the county will construct, repair, or maintain designated county highways in the county’s unincorporated territory, with the city paying all or part of the cost.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Cooperation Between Cities and Counties [1710 - 1712] ( Article 4 added by Stats. 1957, Ch. 273. ) ## 1711. A county and a city may agree that the county shall construct, repair or maintain designated county highways, or portions thereof, within the unincorporated territory of the county, the cost thereof to be paid in whole or in part by the city to the county. (Added by Stats. 1959, Ch. 446.)
  196. 1712.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Cooperation Between Cities and Counties [1710 - 1712] ( Article 4 added by Stats. 1957, Ch. 273. )

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    A county and one or more cities may agree to acquire, build, maintain, improve, or repair bicycle routes or paths, and they must apportion the costs by agreement.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 4. Cooperation Between Cities and Counties [1710 - 1712] ( Article 4 added by Stats. 1957, Ch. 273. ) ## 1712. (a) A county and a city or cities may join in the acquisition of rights-of-way, construction, maintenance, improvement, or repair of bicycle routes or paths, or portions thereof, located within or without the city or cities. (b) The cost or expense thereof shall be apportioned among the county and the city or cities as the legislative bodies thereof determine by agreement. (c) The authority and responsibility for the acquisition and work shall vest in the county or in the city or cities, or in both, as provided in the agreement apportioning the cost or expense thereof. (Amended by Stats. 1982, Ch. 681, Sec. 67.)
  197. 1720.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. County Highways Within Cities [1720 - 1732] ( Article 5 added by Stats. 1961, Ch. 876. )

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    This article sets out an alternative procedure for establishing a county highway within a city.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. County Highways Within Cities [1720 - 1732] ( Article 5 added by Stats. 1961, Ch. 876. ) ## 1720. This article provides an alternative procedure for the establishment of a county highway within a city. This article shall be applicable in those counties adopting a county highway bond issue after January 1, 1961. (Added by Stats. 1961, Ch. 876.)
  198. 1721.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. County Highways Within Cities [1720 - 1732] ( Article 5 added by Stats. 1961, Ch. 876. )

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    The board of supervisors may decide by resolution to make an existing street or a new county highway within a city into a county highway, and it must describe the project and send the resolution to the city’s governing body.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. County Highways Within Cities [1720 - 1732] ( Article 5 added by Stats. 1961, Ch. 876. ) ## 1721. The board of supervisors by resolution may determine that it is of general county interest that an existing street in the county extending in whole or in part within a city be made a county highway within the city or that a new county highway be laid out, acquired, constructed and maintained in whole or in part within a city. The resolution shall describe the proposed location or relocation and the general nature of construction proposed to be undertaken by the county. A copy of such resolution shall be forwarded to the governing body of the city within which is included any portion of the highway. (Added by Stats. 1961, Ch. 876.)
  199. 1722.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. County Highways Within Cities [1720 - 1732] ( Article 5 added by Stats. 1961, Ch. 876. )

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    The city’s governing body may approve the proposed county highway by resolution, may give up all or part of an existing city street to the county, and may respond to a modified county resolution after the board of supervisors acts.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. County Highways Within Cities [1720 - 1732] ( Article 5 added by Stats. 1961, Ch. 876. ) ## 1722. The governing body of the city, by resolution, may consent to the establishment of the proposed county highway and may relinquish to the county in whole or in part an existing city street. If the governing body of the city wishes to change the location or relocation of the highway proposed by the board of supervisors, it may adopt a report describing the proposed revisions and file a copy with the board of supervisors. The board shall consider the report and may modify its resolution. If the board modifies its resolution it shall forward a copy of such resolution to the governing body of the city. The city may then adopt a resolution of consent to the modified county resolution. (Added by Stats. 1961, Ch. 876.)
  200. 1723.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. County Highways Within Cities [1720 - 1732] ( Article 5 added by Stats. 1961, Ch. 876. )

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    If the city adopts a resolution of consent, the street becomes a county highway, and a certified copy of the resolution must be filed with the board of supervisors.

    ## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 9. Cooperation by Counties [1670 - 1732] ( Chapter 9 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 5. County Highways Within Cities [1720 - 1732] ( Article 5 added by Stats. 1961, Ch. 876. ) ## 1723. Upon the adoption of the resolution of consent by the city, such street or portion thereof within the city shall thereupon constitute a county highway. A certified copy of such resolution shall be filed with the board of supervisors. When the city council relinquishes an existing city street to the county, a certified copy of such resolution shall be recorded; and upon such recordation, all right, title and interest of the city in and to such portion of the city street shall vest in the county. (Added by Stats. 1961, Ch. 876.)

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