Streets and Highways Code — Part 6 | SHC — United States — California law | Esheria

Streets and Highways Code

Part 6 of 23 · provisions 1,001–1,200

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

Showing 200 of 4,572

  1. 1966.2.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Neighborhood Electric Vehicle Transportation Plans [1965 - 1966.17] ( Heading of Chapter 8 amended by Stats. 2018, Ch. 564, Sec. 1. ) ## ARTICLE 2. County of San Diego Neighborhood Electric Vehicle Transportation Plans [1966 - 1966.8] ( Article 2 added by Stats. 2018, Ch. 564, Sec. 4. )

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    San Diego County and cities in the county may adopt an NEV transportation plan, and if they do, they must consult SANDAG and local traffic-law enforcement agencies.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Neighborhood Electric Vehicle Transportation Plans [1965 - 1966.17] ( Heading of Chapter 8 amended by Stats. 2018, Ch. 564, Sec. 1. ) ## ARTICLE 2. County of San Diego Neighborhood Electric Vehicle Transportation Plans [1966 - 1966.8] ( Article 2 added by Stats. 2018, Ch. 564, Sec. 4. ) ## 1966.2. (a) The County of San Diego or any city in the county may, by ordinance or resolution, adopt an NEV transportation plan for the plan area within its jurisdiction. Two or more jurisdictions may jointly adopt an NEV transportation plan for all or a portion of the territory under their respective jurisdictions. (b) If the County of San Diego or any city in the county adopts an NEV plan, the entity adopting the plan shall consult with the San Diego Association of Governments (SANDAG) and any agency having traffic law enforcement responsibilities in an entity included in the plan area. (c) The NEV transportation plan may include the use of a state highway, or any crossing of the highway, subject to the approval of the department. (Added by Stats. 2018, Ch. 564, Sec. 4. (SB 1151) Effective January 1, 2019. Repealed as of January 1, 2029, pursuant to Section 1966.8.)
  2. 1966.3.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Neighborhood Electric Vehicle Transportation Plans [1965 - 1966.17] ( Heading of Chapter 8 amended by Stats. 2018, Ch. 564, Sec. 1. ) ## ARTICLE 2. County of San Diego Neighborhood Electric Vehicle Transportation Plans [1966 - 1966.8] ( Article 2 added by Stats. 2018, Ch. 564, Sec. 4. )

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    If San Diego County or a city in the county adopts an NEV plan, the plan must include specified route, facility, parking, signage, coordination, and mapping elements.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Neighborhood Electric Vehicle Transportation Plans [1965 - 1966.17] ( Heading of Chapter 8 amended by Stats. 2018, Ch. 564, Sec. 1. ) ## ARTICLE 2. County of San Diego Neighborhood Electric Vehicle Transportation Plans [1966 - 1966.8] ( Article 2 added by Stats. 2018, Ch. 564, Sec. 4. ) ## 1966.3. If the County of San Diego or any city in the county adopts an NEV plan, the NEV transportation plan shall include, but need not be limited to, all of the following elements: (a) Route selection, that includes a finding that the route accommodates NEVs without an adverse impact upon traffic safety and shall consider, among other things, the travel needs of commuters and other users. (b) Transportation interfacing, that shall include, but not be limited to, coordination with other modes of transportation so that an NEV driver or passenger may employ multiple modes of transportation in reaching a destination in the plan area, including walking, biking, rideables, transit, and other vehicles. (c) Provision for NEV-related facilities, including, but not limited to, special access points, special NEV turnouts, and NEV crossings. (d) Provisions for NEV parking facilities at destination locations, including, but not limited to, transit stations, educational institutions, medical facilities, shopping areas, job and community centers, and public parks. (e) Provisions for special paving, road markings, signage, and striping for NEV travel lanes, road crossings, parking, and circulation, as appropriate. (f) Provisions for NEV electrical charging stations. (g) Community involvement in planning. (h) Coordination with long-range transportation planning. (i) A map showing the NEV route network. NEV routes for the purposes of the NEV transportation plan shall be classified as follows: (1) Class I NEV routes that provide for a completely separate right-of-way for the use of NEVs. (2) Class II NEV routes that provide for a separately striped lane on roadways with speed limits of 55 miles per hour or less. (3) Class III NEV routes that provide for shared use by NEVs with conventional vehicle traffic on streets with speed limits of 35 miles per hour or less. (Added by Stats. 2018, Ch. 564, Sec. 4. (SB 1151) Effective January 1, 2019. Repealed as of January 1, 2029, pursuant to Section 1966.8.)
  3. 1966.4.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Neighborhood Electric Vehicle Transportation Plans [1965 - 1966.17] ( Heading of Chapter 8 amended by Stats. 2018, Ch. 564, Sec. 1. ) ## ARTICLE 2. County of San Diego Neighborhood Electric Vehicle Transportation Plans [1966 - 1966.8] ( Article 2 added by Stats. 2018, Ch. 564, Sec. 4. )

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    If the County of San Diego or a city in the county adopts an NEV transportation plan, it must set minimum design criteria for separated NEV lanes and, with the department and SANDAG, set uniform signs and traffic-control specifications.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Neighborhood Electric Vehicle Transportation Plans [1965 - 1966.17] ( Heading of Chapter 8 amended by Stats. 2018, Ch. 564, Sec. 1. ) ## ARTICLE 2. County of San Diego Neighborhood Electric Vehicle Transportation Plans [1966 - 1966.8] ( Article 2 added by Stats. 2018, Ch. 564, Sec. 4. ) ## 1966.4. If the County of San Diego or any city in the county adopts an NEV transportation plan for the plan area pursuant to this article it shall do both of the following: (a) Establish minimum general design criteria for the development, planning, and construction of separated NEV lanes, including, but not limited to, the design speed of the facility, the space requirements of the NEV lane, and roadway design criteria, if the plan envisions separated NEV lanes. (b) In cooperation with the department and SANDAG, establish uniform specifications and symbols for signs, markers, and traffic control devices to control NEV traffic; to warn of dangerous conditions, obstacles, or hazards, to designate the right-of-way as between NEVs, other vehicles, and bicycles, as may be applicable, to state the nature and destination of the NEV lane, and to warn pedestrians, bicyclists, and motorists of the presence of NEV traffic. (Added by Stats. 2018, Ch. 564, Sec. 4. (SB 1151) Effective January 1, 2019. Repealed as of January 1, 2029, pursuant to Section 1966.8.)
  4. 1966.5.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Neighborhood Electric Vehicle Transportation Plans [1965 - 1966.17] ( Heading of Chapter 8 amended by Stats. 2018, Ch. 564, Sec. 1. ) ## ARTICLE 2. County of San Diego Neighborhood Electric Vehicle Transportation Plans [1966 - 1966.8] ( Article 2 added by Stats. 2018, Ch. 564, Sec. 4. )

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    If San Diego County or a city adopts an NEV transportation plan, the plan must include safety rules, operator requirements, route limits, and equipment restrictions.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Neighborhood Electric Vehicle Transportation Plans [1965 - 1966.17] ( Heading of Chapter 8 amended by Stats. 2018, Ch. 564, Sec. 1. ) ## ARTICLE 2. County of San Diego Neighborhood Electric Vehicle Transportation Plans [1966 - 1966.8] ( Article 2 added by Stats. 2018, Ch. 564, Sec. 4. ) ## 1966.5. If the County of San Diego or any city in the county adopts an NEV transportation plan for the plan area pursuant to this article, it shall also adopt all of the following as part of the plan: (a) NEVs eligible to use NEV routes shall meet the safety requirements for low-speed vehicles as set forth in Section 571.500 of Chapter V of Subtitle B of Title 49 of the Code of Federal Regulations. (b) Minimum safety criteria for NEV operators, including, but not limited to, requirements relating to NEV maintenance and NEV safety. Operators shall be required to possess a valid California driver’s license and to comply with the financial responsibility requirements established pursuant to Chapter 1 (commencing with Section 16000) of Division 7 of the Vehicle Code. (c) (1) Restrictions limiting the operation of NEVs to NEV routes identified in the NEV transportation plan and allowing only those NEVs that meet the safety equipment requirements specified in the plan to be operated on those routes. (2) A person who operates an NEV in the plan area in violation of this subdivision is guilty of an infraction punishable by a fine not exceeding one hundred dollars ($100). (Added by Stats. 2018, Ch. 564, Sec. 4. (SB 1151) Effective January 1, 2019. Repealed as of January 1, 2029, pursuant to Section 1966.8.)
  5. 1966.6.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Neighborhood Electric Vehicle Transportation Plans [1965 - 1966.17] ( Heading of Chapter 8 amended by Stats. 2018, Ch. 564, Sec. 1. ) ## ARTICLE 2. County of San Diego Neighborhood Electric Vehicle Transportation Plans [1966 - 1966.8] ( Article 2 added by Stats. 2018, Ch. 564, Sec. 4. )

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    If the County of San Diego or a city in the county adopts an NEV transportation plan, it may acquire real property, including easements or rights-of-way, to establish NEV routes.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Neighborhood Electric Vehicle Transportation Plans [1965 - 1966.17] ( Heading of Chapter 8 amended by Stats. 2018, Ch. 564, Sec. 1. ) ## ARTICLE 2. County of San Diego Neighborhood Electric Vehicle Transportation Plans [1966 - 1966.8] ( Article 2 added by Stats. 2018, Ch. 564, Sec. 4. ) ## 1966.6. If the County of San Diego or any city in the county adopts an NEV transportation plan, it may acquire, by dedication, purchase, or condemnation, real property, including easements or rights-of-way, to establish NEV routes. (Added by Stats. 2018, Ch. 564, Sec. 4. (SB 1151) Effective January 1, 2019. Repealed as of January 1, 2029, pursuant to Section 1966.8.)
  6. 1966.7.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Neighborhood Electric Vehicle Transportation Plans [1965 - 1966.17] ( Heading of Chapter 8 amended by Stats. 2018, Ch. 564, Sec. 1. ) ## ARTICLE 2. County of San Diego Neighborhood Electric Vehicle Transportation Plans [1966 - 1966.8] ( Article 2 added by Stats. 2018, Ch. 564, Sec. 4. )

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    If San Diego County or a city in the county adopts an NEV transportation plan, it must submit a report to the Legislature within two years.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Neighborhood Electric Vehicle Transportation Plans [1965 - 1966.17] ( Heading of Chapter 8 amended by Stats. 2018, Ch. 564, Sec. 1. ) ## ARTICLE 2. County of San Diego Neighborhood Electric Vehicle Transportation Plans [1966 - 1966.8] ( Article 2 added by Stats. 2018, Ch. 564, Sec. 4. ) ## 1966.7. (a) If the County of San Diego or any city in the county adopts an NEV transportation plan for the plan area pursuant to this article, the county or city shall submit a report, in consultation with SANDAG, the department, the Department of the California Highway Patrol, and any applicable local law enforcement agency, to the Legislature within two years of the date the NEV transportation plan is adopted. (b) The report shall include all of the following: (1) A description of the NEV transportation plan that has been authorized up to that time, including a description of the use of shared fleets and any charging, parking, or federal Americans with Disabilities Act of 1990 elements that have been included in the plan. (2) An evaluation of the effectiveness of the NEV transportation plan, that may include its impact on traffic flows, vehicle miles traveled, greenhouse gas emission reductions, and safety. (3) A recommendation as to whether this article should be terminated, continued in effect, or expanded statewide. (Added by Stats. 2018, Ch. 564, Sec. 4. (SB 1151) Effective January 1, 2019. Repealed as of January 1, 2029, pursuant to Section 1966.8.)
  7. 1966.8.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Neighborhood Electric Vehicle Transportation Plans [1965 - 1966.17] ( Heading of Chapter 8 amended by Stats. 2018, Ch. 564, Sec. 1. ) ## ARTICLE 2. County of San Diego Neighborhood Electric Vehicle Transportation Plans [1966 - 1966.8] ( Article 2 added by Stats. 2018, Ch. 564, Sec. 4. )

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    This article expires on January 1, 2029, unless extended or deleted by later law. If the County of San Diego or a city in the county adopts an NEV transportation plan within two years of that date, it must comply with the reporting requirement in Section 1966.7.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 8. Neighborhood Electric Vehicle Transportation Plans [1965 - 1966.17] ( Heading of Chapter 8 amended by Stats. 2018, Ch. 564, Sec. 1. ) ## ARTICLE 2. County of San Diego Neighborhood Electric Vehicle Transportation Plans [1966 - 1966.8] ( Article 2 added by Stats. 2018, Ch. 564, Sec. 4. ) ## 1966.8. (a) This article shall remain in effect only until January 1, 2029, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2029, deletes or extends that date. (b) Notwithstanding subdivision (a), if the County of San Diego or any city in the county adopts an NEV transportation plan for the plan area pursuant to this article within two years of January 1, 2029, the county or that city in the county shall comply with the reporting requirement provided in Section 1966.7. (Added by Stats. 2018, Ch. 564, Sec. 4. (SB 1151) Effective January 1, 2019. Repealed as of January 1, 2029, by its own provisions. Note: Repeal affects Article 2, commencing with Section 1966.)
  8. 1967.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Treasure Island Transportation Management [1967 - 1967.11] ( Chapter 9 added by Stats. 2008, Ch. 317, Sec. 1. )

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    This section says the act is known as the Treasure Island Transportation Management Act.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Treasure Island Transportation Management [1967 - 1967.11] ( Chapter 9 added by Stats. 2008, Ch. 317, Sec. 1. ) ## 1967. This act shall be known and may be cited as the Treasure Island Transportation Management Act. (Added by Stats. 2008, Ch. 317, Sec. 1. Effective January 1, 2009.)
  9. 1967.1.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Treasure Island Transportation Management [1967 - 1967.11] ( Chapter 9 added by Stats. 2008, Ch. 317, Sec. 1. )

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    This provision states legislative findings and purposes for a Treasure Island transportation program that includes congestion pricing, transit funding, and measures to reduce traffic, vehicle miles traveled, and emissions.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Treasure Island Transportation Management [1967 - 1967.11] ( Chapter 9 added by Stats. 2008, Ch. 317, Sec. 1. ) ## 1967.1. The Legislature finds and declares all of the following: (a) It is essential for the economic well-being of the state and the maintenance of a high quality of life that the people of California have efficient transportation systems that will reduce traffic congestion, vehicle miles traveled, and greenhouse gas emissions, and improve travel times and air quality. (b) In 2006, the Legislature passed Assembly Bill 32 (Ch. 488, Stats. 2006), which enacted the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), a landmark act that establishes a first-in-the-world comprehensive program of regulatory and market mechanisms to achieve real, quantifiable, cost-effective reductions of greenhouse gases. (c) Implementation of the California Global Warming Solutions Act of 2006 will require creative and innovative solutions, including strategies designed to integrate land use and transportation measures to reduce vehicle miles traveled and traffic congestion, improve travel times, and encourage transit use. (d) The proposed development of Treasure Island includes an innovative and comprehensive land use and transportation program designed to discourage motor vehicle usage, reduce vehicle miles traveled, encourage public transit, and serve as a model of sustainable neighborhood development. An element of the transportation program is the use of congestion pricing. (e) Congestion pricing is a potentially useful tool for influencing the behavior of drivers of private motor vehicles, controlling traffic congestion, and reducing vehicle miles traveled and the production of greenhouse gases. The potential of congestion pricing for this purpose is well documented and has been implemented or is under consideration in a number of prominent, high-traffic cities around the world, including London, Stockholm, and Singapore. (f) Because Treasure Island is located adjacent to an urban area with a single point of vehicular access, but is easily served by multimodal public transit, it is an ideal candidate for a demonstration program designed to test the feasibility of congestion pricing as a tool to encourage and fund public transit use and reduce vehicle miles traveled in furtherance of the state’s goals to improve regional air quality and reduce greenhouse gas emissions and traffic congestion. (g) The proposed development of Treasure Island is a leading example of performance-based infrastructure that uses private innovation, access to financing, and management efficiencies to build infrastructure, combined with the social responsibility, environmental awareness, local knowledge, safety requirements, and job generation concerns of the public sector. The proposed transportation program for Treasure Island, including congestion pricing, will further these goals by allowing private development to advance funding and resources for construction of a public transit infrastructure and mixed-use development in a transit-oriented and sustainable manner, then generating from that development congestion pricing fees that will maximize use of public transit and generate revenues to offset the public sector’s costs of public transit facilities and equipment design, construction, operation, and maintenance. (h) The purpose of the Treasure Island transportation program is to accomplish all of the following: (1) To facilitate the implementation of an innovative, sustainable transportation program for Treasure Island that will encourage public transit, bicycle, pedestrian, and waterborne modes of transportation, reduce vehicle miles traveled, and minimize the impact of Treasure Island development on the system of state and local roadways affected by the San Francisco-Oakland Bay Bridge, as well as on the bridge itself, in furtherance of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code). (2) To develop a comprehensive set of transportation demand management programs to encourage and facilitate transit use and to minimize the environmental and other impacts of private motor vehicles traveling to, from, and on Treasure Island. (3) To manage Treasure Island-related transportation in a sustainable manner, to the extent feasible, with the goal of reducing vehicle miles traveled and minimizing carbon emissions and impacts on air and water quality. (4) To create a flexible institutional structure that can set parking and congestion pricing rates, monitor the performance of the transportation program, collect revenues, and direct generated revenues to transportation services and programs serving Treasure Island. (5) To promote multimodal access to, from, and on Treasure Island by a wide range of local, regional, and statewide visitors by providing a reliable source of funding for transportation services and programs serving Treasure Island that will include bus transit service provided by the city’s municipal transportation agency, or its successor agency, and ferry service. (i) The congestion pricing demonstration program authorized by this act includes an important reporting requirement to the Legislature that will allow the Legislature to assess the success of the program in achieving its goals. (j) The Treasure Island Development Authority and its private development partner have undertaken numerous technical and economic feasibility studies demonstrating the effectiveness of the transportation program to conserve energy, discourage motor vehicle usage, reduce vehicle miles traveled, increase transit ridership, and deliver significant public infrastructure improvements through public-private partnership. (Added by Stats. 2008, Ch. 317, Sec. 1. Effective January 1, 2009.)
  10. 1967.10.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Treasure Island Transportation Management [1967 - 1967.11] ( Chapter 9 added by Stats. 2008, Ch. 317, Sec. 1. )

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    The authority must, within a specified window after congestion-pricing fee revenues are first collected, conduct a public opinion survey and submit a report about the congestion pricing demonstration program.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Treasure Island Transportation Management [1967 - 1967.11] ( Chapter 9 added by Stats. 2008, Ch. 317, Sec. 1. ) ## 1967.10. Not later than three years and no sooner than one year after the transportation management agency first collects revenues from the congestion pricing fees authorized under Section 1967.5, the authority shall conduct a public opinion survey regarding the congestion pricing demonstration program and provide a report to the Assembly Committee on Transportation and the Senate Committee on Transportation and Housing on its findings, conclusions, and recommendations concerning the congestion pricing demonstration program authorized by this act. The report shall include an analysis of the success of the congestion pricing demonstration program on minimizing vehicle miles traveled and motor vehicle trips on the San Francisco-Oakland Bay Bridge and increasing public transit use, as well as an economic analysis of the program’s impact on funding public transportation improvements and operations. (Amended by Stats. 2009, Ch. 140, Sec. 176. (AB 1164) Effective January 1, 2010.)
  11. 1967.11.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Treasure Island Transportation Management [1967 - 1967.11] ( Chapter 9 added by Stats. 2008, Ch. 317, Sec. 1. )

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    This chapter does not change the Bay Area Toll Authority’s authority over the San Francisco-Oakland Bay Bridge.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Treasure Island Transportation Management [1967 - 1967.11] ( Chapter 9 added by Stats. 2008, Ch. 317, Sec. 1. ) ## 1967.11. Nothing in this chapter shall affect the authority granted to the Bay Area Toll Authority granted in Article 1 (commencing with Section 30600) of Chapter 2 of Division 17 relating to the San Francisco-Oakland Bay Bridge. (Added by Stats. 2008, Ch. 317, Sec. 1. Effective January 1, 2009.)
  12. 1967.2.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Treasure Island Transportation Management [1967 - 1967.11] ( Chapter 9 added by Stats. 2008, Ch. 317, Sec. 1. )

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    This section defines key terms used in the chapter on Treasure Island transportation management.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Treasure Island Transportation Management [1967 - 1967.11] ( Chapter 9 added by Stats. 2008, Ch. 317, Sec. 1. ) ## 1967.2. For purposes of this chapter, the following terms have the following meanings: (a) “Authority” means the Treasure Island Development Authority, a nonprofit public benefit corporation established by the board of supervisors that is vested with both redevelopment authority and the power and duty to administer the public trust for commerce, navigation, and fisheries with respect to Treasure Island. (b) “Board of supervisors” means the Board of Supervisors of the City and County of San Francisco. (c) “City” means the City and County of San Francisco. (d) “Congestion pricing fees” means fees that motorists pay to drive in a designated congestion pricing zone that are designed to relieve traffic congestion and promote alternative forms of transportation, and are set and adjusted to reflect traffic patterns, congestion levels, time of day, and other conditions that impact the roadway system. (e) “Transportation authority” means the San Francisco County Transportation Authority. (f) “Transportation management agency” means the Treasure Island Mobility Management Agency, formerly the Treasure Island Transportation Management Agency, designated by the board of supervisors pursuant to Section 1967.3. (g) “Transportation program” means a comprehensive transportation program for Treasure Island designed to achieve the goals set forth in Section 1967.1. (h) “Treasure Island” means Treasure Island and Yerba Buena Island. (Amended by Stats. 2014, Ch. 443, Sec. 1. (AB 141) Effective September 19, 2014.)
  13. 1967.3.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Treasure Island Transportation Management [1967 - 1967.11] ( Chapter 9 added by Stats. 2008, Ch. 317, Sec. 1. )

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    This section gives the transportation management agency broad power over the Treasure Island transportation program, and lets the board of supervisors choose, change, or replace that agency.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Treasure Island Transportation Management [1967 - 1967.11] ( Chapter 9 added by Stats. 2008, Ch. 317, Sec. 1. ) ## 1967.3. The authority is formulating a transportation program in connection with the authority’s redevelopment activities on Treasure Island. The board of supervisors directed that the transportation program ensure adequate and reliable funding for transit service for Treasure Island, including bus transit service provided by the city’s municipal transportation agency, or its successor agency. In formulating the transportation program, the authority shall make recommendations for the governance structure of the transportation management agency. Based on the authority’s recommendations, the board of supervisors may designate a board or agency that shall act as the transportation management agency. The board of supervisors may revise or revoke this designation of the transportation management agency and designate a new board or agency to act as the transportation management agency at any time. The board of supervisors may also designate itself as the transportation management agency. Notwithstanding Chapter 898 of the Statutes of 1997, any subsequent amendments to that chapter, but subject to Section 1967.5, the transportation management agency shall have the exclusive power to do any or all of the following pursuant to the terms of a resolution or ordinance adopted by the board of supervisors: (a) Adopt and administer the transportation program and implementing rules and regulations. (b) Recommend to the board of supervisors an initial fee structure for the imposition of congestion pricing fees applicable to residents and other motorists as they enter or exit Treasure Island in the amount deemed necessary and proper by the transportation management agency to implement the transportation program. (c) Adopt amendments to the congestion pricing fee structure initially adopted by the board of supervisors pursuant to subdivision (a) of Section 1967.5, as the transportation management agency deems necessary and appropriate from time to time to implement the transportation program, based upon a finding that the amendments to the fee have a relationship or benefit to the motor vehicle drivers who are paying the fee. (d) Administer and collect congestion pricing fees on Treasure Island. (e) Adopt on-street and off-street parking regulations for Treasure Island, including regulations limiting parking, stopping, standing, or loading and establishing parking privileges and locations, parking meter zones, and other forms of parking regulation similar to those adopted for other areas of San Francisco. (f) Adopt on-street and off-street parking fees, fines, and penalties for Treasure Island and administer and collect all on-street and off-street parking fees, fines, penalties, and other parking-related revenues on Treasure Island. (g) Adopt a transit pass fee structure applicable to residents and other users of Treasure Island and administer and collect all Treasure Island transit pass fees. (h) Fix the rates and charges for services provided or functions performed by the transportation management agency and administer and collect those rates and charges. (i) Apply for, accept, and administer state, federal, local agency, or other public or private grant funds for transportation purposes. (j) Administer and collect all other revenues generated by the transportation program. (k) Undertake studies, performance evaluations, and other mechanisms as it deems necessary and proper to adopt and amend the transportation program with the purpose of relieving transportation-related impacts. (l) Expend its revenues for any purpose related to the transportation program, including costs of implementation, operation, collection and enforcement, maintenance, construction, and administration under the transportation program. (m) Enter into contracts, cooperative agreements, and direct funding agreements with private parties and governmental agencies, including city departments, to the extent deemed necessary and proper by the transportation management agency to implement the transportation program, including for any of the following: (1) The construction and maintenance of transportation facilities serving Treasure Island that are directly related to the transportation program, including design, preconstruction, and other related costs. (2) Transit capital improvements and operations for services that directly serve Treasure Island. (3) Notwithstanding Section 40717.9 of the Health and Safety Code, implementation of transportation impact mitigation measures as adopted from time to time to improve or encourage the use of transit and other nonmotor vehicle means of access to Treasure Island. (n) Adopt rules and regulations governing high-occupancy vehicles pursuant to subdivision (d) of Section 1967.5. (o) Take all other steps as the transportation management agency deems necessary and proper to implement the transportation program. (Amended by Stats. 2025, Ch. 417, Sec. 2. (SB 506) Effective January 1, 2026.)
  14. 1967.35.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Treasure Island Transportation Management [1967 - 1967.11] ( Chapter 9 added by Stats. 2008, Ch. 317, Sec. 1. )

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    The transportation management agency must adopt an annual budget and pay required costs, and it may take several actions to carry out its powers and finance projects.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Treasure Island Transportation Management [1967 - 1967.11] ( Chapter 9 added by Stats. 2008, Ch. 317, Sec. 1. ) ## 1967.35. (a) The transportation management agency is an independent and autonomous public agency governed by the board of the transportation authority, as designated by the board of supervisors on April 1, 2014, or by any future revised governance as designated by the board of supervisors pursuant to Section 1967.3. The transportation management agency is a separate and distinct legal entity responsible for its own obligations, debts, and liabilities and not for the obligations, debts, or liabilities of any other agency or entity. (b) The transportation management agency is authorized under its own name to do all acts necessary or convenient for the exercise of its designated powers and the financing of projects, including, but not limited to, all of the following: (1) To employ agents or employees. (2) To acquire, construct, manage, maintain, lease, or operate any public facility or improvements. (3) To sue and be sued in its own name. (4) To invest any money not required for the immediate necessities of the transportation management agency, as it determines is advisable. (c) The transportation management agency shall adopt an annual budget. Its board members shall be compensated as determined by the transportation management agency and shall be reimbursed for necessary and reasonable expenses incurred in connection with performing transportation management agency duties. The transportation management agency shall pay all costs required by this section. (d) The transportation authority may make direct contributions or contributions on a reimbursement-for-cost basis to the transportation management agency in furtherance of the exercise of its powers as designated under Section 1967.3. (Added by Stats. 2014, Ch. 443, Sec. 3. (AB 141) Effective September 19, 2014.)
  15. 1967.4.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Treasure Island Transportation Management [1967 - 1967.11] ( Chapter 9 added by Stats. 2008, Ch. 317, Sec. 1. )

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    The city and its departments, boards, and commissions are barred from using the transportation powers granted to the transportation management agency, except as Section 1967.5 specifically allows.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Treasure Island Transportation Management [1967 - 1967.11] ( Chapter 9 added by Stats. 2008, Ch. 317, Sec. 1. ) ## 1967.4. Except as specifically provided in Section 1967.5, to the extent that the transportation management agency is granted exclusive powers to adopt regulations and adopt, fix, administer, and collect fees, rates, charges, and other revenues with respect to the transportation program under Section 1967.3, the city and its departments, boards, and commissions shall be prohibited from exercising those powers with respect to Treasure Island and the transportation program. (Added by Stats. 2008, Ch. 317, Sec. 1. Effective January 1, 2009.)
  16. 1967.5.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Treasure Island Transportation Management [1967 - 1967.11] ( Chapter 9 added by Stats. 2008, Ch. 317, Sec. 1. )

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    The board of supervisors may adopt a congestion pricing program for Treasure Island, but it has conditions and limits, and certain trips and vehicles are exempt.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Treasure Island Transportation Management [1967 - 1967.11] ( Chapter 9 added by Stats. 2008, Ch. 317, Sec. 1. ) ## 1967.5. (a) The board of supervisors, by a two-thirds majority vote, shall have the authority to adopt a program imposing congestion pricing fees for motor vehicles exiting and entering Treasure Island from the San Francisco-Oakland Bay Bridge and an initial congestion pricing fee structure after consideration of the recommendation of the transportation management agency. The congestion pricing fees shall not be imposed on local trips on Treasure Island streets that do not exit to the San Francisco-Oakland Bay Bridge. Once adopted, the congestion pricing program may only be terminated by the recommendation of both the authority and the transportation management agency, followed by a two-thirds majority vote of the board of supervisors. (b) (1) Prior to imposing the initial congestion pricing fees, the board of supervisors shall make a finding of fact by a two-thirds majority vote that the congestion pricing fees have a relationship or benefit to the motor vehicle drivers who are paying the fee. (2) In order to ensure that congestion pricing fees are not instituted prior to new residents establishing residence on Treasure Island, initial congestion pricing fees shall not be imposed prior to the effective date of the disposition and development agreement for the redevelopment of Treasure Island. (3) All fees, rates, and charges adopted in furtherance of the transportation program, including congestion pricing fees, on-street and off-street parking fees, fines and penalties, transit pass fees, and any other rates and charges that are adopted by the transportation management agency from time to time, be collected and used by the transportation management agency to implement the transportation program. (c) While congestion pricing fees remain in effect, the transferor of any sale or lease agreement of real property on Treasure Island shall be required to include a written disclosure to the potential purchaser or lessee that use of a motor vehicle to and from Treasure Island may be subject to congestion pricing fees. (d) At all periods of the day, whether or not the congestion pricing fees are in effect, high-occupancy vehicles shall be able to exit or enter Treasure Island free of charge. (Amended by Stats. 2025, Ch. 417, Sec. 3. (SB 506) Effective January 1, 2026.)
  17. 1967.6.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Treasure Island Transportation Management [1967 - 1967.11] ( Chapter 9 added by Stats. 2008, Ch. 317, Sec. 1. )

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    The transportation program must provide enough public access to Treasure Island’s waterfront, recreational, and open-space areas to support public trust activities, and its program elements must not block public access or give residents parking preferences.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Treasure Island Transportation Management [1967 - 1967.11] ( Chapter 9 added by Stats. 2008, Ch. 317, Sec. 1. ) ## 1967.6. The transportation program shall ensure that public access to waterfront, recreational, and open-space areas on Treasure Island is sufficient to support public trust activities by ensuring all of the following: (a) Public access to areas subject to the public trust is facilitated in part by transportation program elements, such as (1) an on-island shuttle, (2) secure bicycle parking, and (3) limitations on long-term parking on streets that are subject to the public trust following a land exchange authorized by Chapter 543 of the Statutes of 2004, as amended (hereafter public trust streets), that will discourage residential use of public trust streets for parking but allow appropriate time for recreational and visitor activities. (b) Program elements shall not interfere with the provision of public access to public trust lands consistent with the beneficial use of those lands, including, but not limited to, roadway access to serve the public along the western shoreline of Treasure Island. (c) There shall be no preference for residents in parking rates, parking passes, or the duration of parking on public trust streets or on other public trust lands. (d) Parking revenues from public trust streets or other public trust lands shall be used for transportation facilities and services benefiting the public trust in accordance with the transportation program, with any surplus revenues to be used for other trust-related purposes. (Added by Stats. 2008, Ch. 317, Sec. 1. Effective January 1, 2009.)
  18. 1967.7.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Treasure Island Transportation Management [1967 - 1967.11] ( Chapter 9 added by Stats. 2008, Ch. 317, Sec. 1. )

    Verify source ↗

    The transportation management agency’s meetings must be held under the Ralph M. Brown Act.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Treasure Island Transportation Management [1967 - 1967.11] ( Chapter 9 added by Stats. 2008, Ch. 317, Sec. 1. ) ## 1967.7. Meetings of the transportation management agency shall be held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (Added by Stats. 2008, Ch. 317, Sec. 1. Effective January 1, 2009.)
  19. 1967.8.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Treasure Island Transportation Management [1967 - 1967.11] ( Chapter 9 added by Stats. 2008, Ch. 317, Sec. 1. )

    Verify source ↗

    Section 9400.8 of the Vehicle Code does not apply to fees imposed by this chapter.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Treasure Island Transportation Management [1967 - 1967.11] ( Chapter 9 added by Stats. 2008, Ch. 317, Sec. 1. ) ## 1967.8. Section 9400.8 of the Vehicle Code shall not apply to any fee imposed by this chapter. (Added by Stats. 2008, Ch. 317, Sec. 1. Effective January 1, 2009.)
  20. 1967.9.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Treasure Island Transportation Management [1967 - 1967.11] ( Chapter 9 added by Stats. 2008, Ch. 317, Sec. 1. )

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    The city may file an action to confirm the validity of certain resolutions.

    ## Streets and Highways Code - SHC ## DIVISION 2.5. CITY STREETS [1800 - 1967.11] ( Division 2.5 added by Stats. 1951, Ch. 463. ) ## CHAPTER 9. Treasure Island Transportation Management [1967 - 1967.11] ( Chapter 9 added by Stats. 2008, Ch. 317, Sec. 1. ) ## 1967.9. The city may bring an action pursuant to Sections 860 to 870, inclusive, of the Code of Civil Procedure to confirm the validity of any resolution adopted by the board of supervisors or the transportation management agency. (Added by Stats. 2008, Ch. 317, Sec. 1. Effective January 1, 2009.)
  21. 1970.

    ## Streets and Highways Code - SHC ## DIVISION 2.7. COURTESY SIGNS [1970 - 1978] ( Division 2.7 added by Stats. 2003, Ch. 675, Sec. 5. )

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    Local authorities may place and maintain Adopt-A-Riverway courtesy signs on highways under their jurisdiction, but only with approval by resolution and if the sign design and contents meet the section’s requirements.

    ## Streets and Highways Code - SHC ## DIVISION 2.7. COURTESY SIGNS [1970 - 1978] ( Division 2.7 added by Stats. 2003, Ch. 675, Sec. 5. ) ## 1970. (a) Local authorities, with respect to highways under their respective jurisdictions, may place and maintain, or cause to be placed and maintained, courtesy signs to recognize the sponsors of the Adopt-A-Riverway Program. (b) Courtesy signs shall be consistent with existing code provisions and department rules and regulations concerning signs. (c) Courtesy signs shall only be placed upon the highways of a local authority, upon the approval of an authorizing resolution by a majority of the members of the governing body of that local authority. The resolution authorizing the placement of courtesy signs shall include all of the following: (1) A general plan of where the courtesy signs will be placed within the geographical borders of the local authority, including any street, bike trail, or pedestrian path. (2) A finding that the planned placement of the courtesy signs would not degrade the natural environment of the area. (d) Courtesy signs shall contain the title “Adopt-A-Riverway” at the top of the sign and the name or logo of the sponsoring person or entity below the “Adopt-A-Riverway” title. Logos shall be provided at the sponsors’ own cost. Both the title and the logo shall be in large enough fonts that are easily read. (Added by Stats. 2003, Ch. 675, Sec. 5. Effective January 1, 2004.)
  22. 1975.

    ## Streets and Highways Code - SHC ## DIVISION 2.7. COURTESY SIGNS [1970 - 1978] ( Division 2.7 added by Stats. 2003, Ch. 675, Sec. 5. )

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    The Department of Food and Agriculture may award courtesy signs to qualifying donors, and donors may ask where the signs are placed.

    ## Streets and Highways Code - SHC ## DIVISION 2.7. COURTESY SIGNS [1970 - 1978] ( Division 2.7 added by Stats. 2003, Ch. 675, Sec. 5. ) ## 1975. (a) Courtesy signs may be awarded by the Department of Food and Agriculture, to persons that donate a minimum of five thousand dollars ($5,000) annually to the Adopt-A-Riverway Fund. Donors may stipulate in which county they desire the courtesy signs be placed and may request specific sign placement within the county. (b) The Department of Food and Agriculture may enter into an agreement with a local authority for production, placement, and maintenance of courtesy signs to be awarded pursuant to this section. (c) The costs incurred by the local authorities associated with placing and maintaining courtesy signs shall be paid for out of the Adopt-A-Riverway Fund. (Added by Stats. 2003, Ch. 675, Sec. 5. Effective January 1, 2004.)
  23. 1978.

    ## Streets and Highways Code - SHC ## DIVISION 2.7. COURTESY SIGNS [1970 - 1978] ( Division 2.7 added by Stats. 2003, Ch. 675, Sec. 5. )

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    County officials may place and maintain “Where We Honor Veterans” signs near county lines on state or county highways, but signs on a state highway need Department of Transportation approval.

    ## Streets and Highways Code - SHC ## DIVISION 2.7. COURTESY SIGNS [1970 - 1978] ( Division 2.7 added by Stats. 2003, Ch. 675, Sec. 5. ) ## 1978. (a) County officials, with respect to any state or county highway within their respective jurisdictions and upon a resolution adopted by the respective county board of supervisors, may place and maintain, or cause to be placed and maintained, at or near the county line and at county expense, signs stating or adding to their existing signs the following statement: “Where We Honor Veterans.” (b) Signs or additions to signs described in subdivision (a) that are on a state highway shall only be placed or added to upon the approval of the Department of Transportation. (Added by Stats. 2006, Ch. 204, Sec. 1. Effective January 1, 2007.)
  24. 2.

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

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    Code provisions that are substantially the same as existing statutes on the same subject are to be treated as restatements and continuations, not new enactments.

    ## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. ) ## 2. The provisions of this code, in so far as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments. (Enacted by Stats. 1935, Ch. 29.)
  25. 20.

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

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    This section defines “Department” as the Department of Transportation and says references to the Department of Public Works must be treated as references to the Department of Transportation.

    ## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. ) ## 20. “Department” means the Department of Transportation of this state. Any reference in any law or regulation to the Department of Public Works shall be deemed to refer to the Department of Transportation. (Amended by Stats. 1972, Ch. 1253.)
  26. 2004.5.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 1. The County Road System [2004.5 - 2010] ( Heading of Chapter 1 amended by Stats. 1963, Ch. 1852. )

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    Streets in a city that has not held an election of municipal officers for 10 years before a proposed inclusion must be included in the county road system.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 1. The County Road System [2004.5 - 2010] ( Heading of Chapter 1 amended by Stats. 1963, Ch. 1852. ) ## 2004.5. Streets in any city which has not held an election of municipal officers within a period of 10 years preceding the date of the proposed inclusion shall be included in the road system of the county in which such city is located. (Amended by Stats. 1963, Ch. 1852.)
  27. 2006.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 1. The County Road System [2004.5 - 2010] ( Heading of Chapter 1 amended by Stats. 1963, Ch. 1852. )

    Verify source ↗

    County boards must appoint one road commissioner for each county road district, and counties must show compliance before state highway fund payments are made.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 1. The County Road System [2004.5 - 2010] ( Heading of Chapter 1 amended by Stats. 1963, Ch. 1852. ) ## 2006. (a) The board of supervisors of each county shall appoint a single road commissioner for all road districts in the county. Every person who is appointed road commissioner after December 31, 1965, shall be a registered civil engineer. However, the City and County of San Francisco may appoint a person road commissioner who is not a registered civil engineer. Any person appointed road commissioner on or before December 31, 1965, need not be a registered civil engineer if he or she is approved by the board of supervisors as qualified and competent to handle the road and highway work of the county. Any person who is a road commissioner in any county on December 31, 1965, need not be a registered civil engineer to be appointed road commissioner of another county after December 31, 1965. After October 1, 1952, no person shall be appointed road commissioner until the board of supervisors holds a public hearing on the qualifications of the candidate or candidates for the position of road commissioner. At least 14 days but not more than 30 days prior to the hearing, notice of the hearing shall be posted at the county courthouse and published at least once in a newspaper of general circulation in the county. Nothing in this section precludes one person from serving two or more counties. An elective county official shall not be appointed road commissioner after October 1, 1952, unless the official is holding the position of road commissioner on that date. The road commissioner is, at all times, under the direction and supervision of the board of supervisors but may be dismissed, after a hearing, only upon a majority vote of the board. This subdivision does not apply in chartered counties whose charter requires the county surveyor to perform the duties of, or exercise the powers conferred by law on, the road commissioner. (b) Each county shall furnish evidence to the Controller that it has complied with this section. (c) Neither the Controller nor any other state officer shall make any allocations or payments to any county from the Highway Users Tax Account in the Transportation Tax Fund until the county has complied with the requirements of this section; except that, if a vacancy occurs in the office of road commissioner of a county, the allocations or payments to the county shall not be suspended pursuant to this section unless the county has not appointed a new road commissioner in accordance with this section within 180 days from the date the vacancy first occurred. (d) The 180-day time limit is contingent on the condition that there be a qualified acting road commissioner functioning during the interim period under direct appointment by the board of supervisors. (Amended by Stats. 1987, Ch. 56, Sec. 165.)
  28. 2006.1.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 1. The County Road System [2004.5 - 2010] ( Heading of Chapter 1 amended by Stats. 1963, Ch. 1852. )

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    A county board of supervisors may abolish the road commissioner’s office if it transfers all of that officer’s duties to the county director of transportation.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 1. The County Road System [2004.5 - 2010] ( Heading of Chapter 1 amended by Stats. 1963, Ch. 1852. ) ## 2006.1. Notwithstanding Section 2006 or Section 2006.5, the board of supervisors of any county may abolish the office of road commissioner if the board transfers all duties of the road commissioner to the county director of transportation. The director of transportation shall not be required to have any special permit, registration, or license. Any civil engineering functions which are required to be performed by the road commissioner shall be performed by a registered civil engineer acting under the authority of the director of transportation. (Added by Stats. 1979, Ch. 83.)
  29. 2006.2.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 1. The County Road System [2004.5 - 2010] ( Heading of Chapter 1 amended by Stats. 1963, Ch. 1852. )

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    Merced County’s Board of Supervisors may abolish the road commissioner office if it transfers all of that office’s duties to the county public works director. The director does not need a special permit, registration, or license, and required civil engineering work must be done by a registered civil engineer acting under the director’s authority.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 1. The County Road System [2004.5 - 2010] ( Heading of Chapter 1 amended by Stats. 1963, Ch. 1852. ) ## 2006.2. Notwithstanding any other provision of law, the Board of Supervisors of Merced County may abolish the office of road commissioner if the board transfers all duties of the road commissioner to the county director of the department of public works. The director of that department shall not be required to have any special permit, registration, or license. Any civil engineering functions that are required to be performed by the road commissioner shall be performed by a registered civil engineer acting under the authority of the director of that department. (Added by Stats. 2018, Ch. 135, Sec. 1. (SB 907) Effective January 1, 2019.)
  30. 2006.3.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 1. The County Road System [2004.5 - 2010] ( Heading of Chapter 1 amended by Stats. 1963, Ch. 1852. )

    Verify source ↗

    Colusa County supervisors may abolish the road commissioner office if they move all its duties to the county public works director.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 1. The County Road System [2004.5 - 2010] ( Heading of Chapter 1 amended by Stats. 1963, Ch. 1852. ) ## 2006.3. Notwithstanding any other law, the Board of Supervisors of the County of Colusa may abolish the office of road commissioner if the board transfers all duties of the road commissioner to the county director of the department of public works. The director of that department shall not be required to have any special permit, registration, or license. Any civil engineering functions that are required to be performed by the road commissioner shall be performed by a registered civil engineer acting under the authority of the director of that department. (Added by Stats. 2021, Ch. 33, Sec. 1. (SB 79) Effective June 28, 2021.)
  31. 2006.4.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 1. The County Road System [2004.5 - 2010] ( Heading of Chapter 1 amended by Stats. 1963, Ch. 1852. )

    Verify source ↗

    The County of Glenn’s board may abolish the road commissioner office if it transfers all road commissioner duties to the county public works director. That director does not need a special permit, registration, or license, and required civil engineering functions must be done by a registered civil engineer under the director’s authority.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 1. The County Road System [2004.5 - 2010] ( Heading of Chapter 1 amended by Stats. 1963, Ch. 1852. ) ## 2006.4. Notwithstanding any other law, the Board of Supervisors of the County of Glenn may abolish the office of road commissioner if the board transfers all duties of the road commissioner to the county director of the department of public works. The director of that department shall not be required to have any special permit, registration, or license. Any civil engineering functions that are required to be performed by the road commissioner shall be performed by a registered civil engineer acting under the authority of the director of that department. (Added by Stats. 2021, Ch. 33, Sec. 2. (SB 79) Effective June 28, 2021.)
  32. 2006.5.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 1. The County Road System [2004.5 - 2010] ( Heading of Chapter 1 amended by Stats. 1963, Ch. 1852. )

    Verify source ↗

    Orange County’s Board of Supervisors may abolish the road commissioner office if it moves all of that office’s duties to an environmental management agency.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 1. The County Road System [2004.5 - 2010] ( Heading of Chapter 1 amended by Stats. 1963, Ch. 1852. ) ## 2006.5. Notwithstanding any other provision of law, the Board of Supervisors of Orange County may abolish the office of road commissioner if the board of supervisors transfers all duties of the road commissioner to an environmental management agency. The director of such environmental management agency shall not be required to have any special permit, registration, or license. Any civil engineering functions which are required to be performed by the road commissioner shall be performed by a registered civil engineer acting under the authority of the director of such agency. The Legislature hereby finds and declares that this section, applicable only to Orange County, is necessary because of the unique and special problems of county road management in Orange County due to the extent of municipal incorporation found in the county. (Added by Stats. 1975, Ch. 426.)
  33. 2006.6.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 1. The County Road System [2004.5 - 2010] ( Heading of Chapter 1 amended by Stats. 1963, Ch. 1852. )

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    The Siskiyou County Board of Supervisors may abolish the road commissioner office if it assigns all of that office’s duties to the county public works director; that director does not need a special permit, registration, or license, and required civil engineering functions must be done by a registered civil engineer under the director’s authority.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 1. The County Road System [2004.5 - 2010] ( Heading of Chapter 1 amended by Stats. 1963, Ch. 1852. ) ## 2006.6. Notwithstanding any other law, the Board of Supervisors of the County of Siskiyou may abolish the office of road commissioner if the board transfers all duties of the road commissioner to the county director of the department of public works. The director of that department shall not be required to have any special permit, registration, or license. Any civil engineering functions that are required to be performed by the road commissioner shall be performed by a registered civil engineer acting under the authority of the director of that department. (Added by Stats. 2022, Ch. 24, Sec. 1. (SB 207) Effective June 20, 2022.)
  34. 2006.7.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 1. The County Road System [2004.5 - 2010] ( Heading of Chapter 1 amended by Stats. 1963, Ch. 1852. )

    Verify source ↗

    Tehama County’s board may abolish the road commissioner office if it transfers all of that office’s duties to the county public works director.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 1. The County Road System [2004.5 - 2010] ( Heading of Chapter 1 amended by Stats. 1963, Ch. 1852. ) ## 2006.7. Notwithstanding any other law, the Board of Supervisors of the County of Tehama may abolish the office of road commissioner if the board transfers all duties of the road commissioner to the county director of the department of public works. The director of that department shall not be required to have any special permit, registration, or license. Any civil engineering functions that are required to be performed by the road commissioner shall be performed by a registered civil engineer acting under the authority of the director of that department. (Added by Stats. 2025, Ch. 399, Sec. 1. (AB 1479) Effective January 1, 2026.)
  35. 2006.8.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 1. The County Road System [2004.5 - 2010] ( Heading of Chapter 1 amended by Stats. 1963, Ch. 1852. )

    Verify source ↗

    Madera County’s board may abolish the road commissioner office if it shifts all of that office’s duties to the county public works director.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 1. The County Road System [2004.5 - 2010] ( Heading of Chapter 1 amended by Stats. 1963, Ch. 1852. ) ## 2006.8. Notwithstanding any other law, the Board of Supervisors of the County of Madera may abolish the office of road commissioner if the board transfers all duties of the road commissioner to the county director of the department of public works. The director of that department shall not be required to have any special permit, registration, or license. Any civil engineering functions that are required to be performed by the road commissioner shall be performed by a registered civil engineer acting under the authority of the director of that department. (Added by Stats. 2025, Ch. 399, Sec. 2. (AB 1479) Effective January 1, 2026.)
  36. 2007.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 1. The County Road System [2004.5 - 2010] ( Heading of Chapter 1 amended by Stats. 1963, Ch. 1852. )

    Verify source ↗

    The road commissioner must prepare and submit an annual tentative road budget, and the board of supervisors must hold public hearings before adopting it.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 1. The County Road System [2004.5 - 2010] ( Heading of Chapter 1 amended by Stats. 1963, Ch. 1852. ) ## 2007. The road commissioner shall each year prepare a tentative road budget covering all proposed expenditures for the ensuing fiscal year for county road purposes. The road commissioner shall submit the budget to the board of supervisors in accordance with Chapter 1 (commencing with Section 29000) of Division 3 of Title 3 of the Government Code and in the form and manner prescribed by the Controller and at the same time as other county departments submit their recommended budgets. The board of supervisors shall hold public hearings on the proposed road budget at the same time as the general county budget is considered and after like notice. In adopting the budget, the board may make such changes and revisions as it considers will subserve the public interest. After adoption of the budget by the board of supervisors, the road commissioner shall not obligate or expend funds appropriated for county road purposes other than as set forth in the budget as adopted. However, the board of supervisors may, by appropriate action at any regular or special meeting, authorize the cancellation or transfer, in whole or in part, of any appropriation or appropriations set forth in the budget and reappropriate funds thus canceled for road purposes not set forth in the budget or to expenditure classifications insufficiently provided for where this action will best serve the interests of the people. Funds transferred pursuant to this section, or as authorized by the board of supervisors, shall immediately be made available for expenditure by the road commissioner for road purposes. (Amended by Stats. 1985, Ch. 106, Sec. 152.)
  37. 2008.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 1. The County Road System [2004.5 - 2010] ( Heading of Chapter 1 amended by Stats. 1963, Ch. 1852. )

    Verify source ↗

    The board of supervisors must set the road commissioner’s salary, and the road commissioner must file an official bond unless covered by a master bond.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 1. The County Road System [2004.5 - 2010] ( Heading of Chapter 1 amended by Stats. 1963, Ch. 1852. ) ## 2008. The board of supervisors shall fix the salary of the road commissioner. It shall be chargeable against the one thousand six hundred sixty-seven dollars ($1,667) monthly apportionment to the county under subdivision (a) of Section 2104. Such road commissioner shall be required to file an official bond in an amount determined by the board of supervisors, unless he is covered by a master bond pursuant to Section 1481 of the Government Code. (Amended by Stats. 1973, Ch. 112.)
  38. 2009.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 1. The County Road System [2004.5 - 2010] ( Heading of Chapter 1 amended by Stats. 1963, Ch. 1852. )

    Verify source ↗

    The board of supervisors sets county highway policy, and the road commissioner administers the department within those policies and budget limits.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 1. The County Road System [2004.5 - 2010] ( Heading of Chapter 1 amended by Stats. 1963, Ch. 1852. ) ## 2009. The board of supervisors shall act as the policymaking body with respect to county highway matters and shall by appropriate action establish the general policies to be followed by the road commissioner in the administration of his department. The road commissioner shall administer his department and carry out the general policies of the board in conformity with the estimates of expenditures fixed in the budget as finally adopted by the board or as thereafter revised by appropriate action of the board. The commissioner shall employ such assistants and employees as may be necessary, in conformity with the budget and county policies and procedure with respect to personnel and subject to the approval of the board of the salary or other compensation to be paid. The commissioner shall have sole supervision and jurisdiction over personnel and over the assignments of personnel engaged in work on county roads. The commissioner may purchase, lease, or hire such equipment as may be necessary for county road purposes, in conformity with the budget and policies of the county with respect to purchases and rentals and subject to approval of the board as to the price or rental. The commissioner shall have sole jurisdiction over the assignment of equipment used for county road work. (Amended by Stats. 1951, Ch. 1671.)
  39. 2010.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 1. The County Road System [2004.5 - 2010] ( Heading of Chapter 1 amended by Stats. 1963, Ch. 1852. )

    Verify source ↗

    County supervisors must inspect roads in their counties from time to time, and supervisors using a private car for county-road duties may receive mileage payments subject to stated limits and reporting.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 1. The County Road System [2004.5 - 2010] ( Heading of Chapter 1 amended by Stats. 1963, Ch. 1852. ) ## 2010. In order that the provisions of this chapter may be effectively carried out, the members of the board of supervisors of their respective counties shall make reasonable inspection from time to time of the roads within their counties maintained from funds supplied by this chapter. The additional mileage entailed by this section, not to exceed six hundred dollars ($600) in any one year, shall be a proper charge against and shall be paid from the one thousand six hundred sixty-seven dollars ($1,667) monthly apportionment to the county under subdivision (a) of Section 2104. Such mileage shall be deemed to be in addition to any other mileage allowed by law or county charter, and each supervisor who uses a privately owned automobile in the discharge of duties imposed upon him in connection with the county road system shall receive for the performance of such duties in addition to the compensation and any other allowances paid him as supervisor, but not in duplication of any other mileage allowed by law or county charter, twenty-five dollars ($25) per month for the first 250 miles traveled, without filing a report of the specific inspection tours requiring such mileage. For mileage traveled in excess of 250 miles, each supervisor shall be paid ten cents ($0.10) for each mile traveled up to 250 miles or twenty-five dollars ($25) for a total not to exceed 500 miles or fifty dollars ($50). The supervisor claiming such additional mileage shall file a report of the inspection tour or tours requiring such travel. (Amended by Stats. 1968, Ch. 92.)
  40. 203.

    ## 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 5. Funds for Highway and Public Mass Transit Guideway Purposes [181 - 208] ( Heading of Article 5 amended by Stats. 1992, Ch. 1243, Sec. 26. )

    Verify source ↗

    Annual proposed budgets must include State Highway Account funds for the California Transportation Research and Innovation Program as a separate line item.

    ## 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 5. Funds for Highway and Public Mass Transit Guideway Purposes [181 - 208] ( Heading of Article 5 amended by Stats. 1992, Ch. 1243, Sec. 26. ) ## 203. It is the intent of the Legislature that each annual proposed budget prepared pursuant to Section 165 include state funds from the State Highway Account for the California Transportation Research and Innovation Program, in accordance with Chapter 4 (commencing with Section 14450) of Part 5 of Division 3 of Title 2 of the Government Code. These funds shall be identified as a distinct line-item in each proposed budget and shall be in addition to existing research and development conducted by the department. (Added by Stats. 1992, Ch. 352, Sec. 3. Effective January 1, 1993.)
  41. 2030.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Road Maintenance and Rehabilitation Program [2030 - 2038] ( Chapter 2 added by Stats. 2017, Ch. 5, Sec. 36. )

    Verify source ↗

    This section creates the Road Maintenance and Rehabilitation Program and directs how its funds must be used for highway, street, safety, and related projects.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Road Maintenance and Rehabilitation Program [2030 - 2038] ( Chapter 2 added by Stats. 2017, Ch. 5, Sec. 36. ) ## 2030. (a) The Road Maintenance and Rehabilitation Program is hereby created to address deferred maintenance on the state highway system and the local street and road system. Funds made available by the program shall be prioritized for expenditure on basic road maintenance and road rehabilitation projects, and on critical safety projects. (b) (1) Funds made available by the program shall be used for projects that include, but are not limited to, the following: (A) Road maintenance and rehabilitation. (B) Safety projects. (C) Railroad grade separations. (D) Complete street components, including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and stormwater capture projects in conjunction with any other allowable project. (E) Traffic control devices. (2) Funds made available by the program may also be used to satisfy a match requirement in order to obtain state or federal funds for projects authorized by this subdivision. (c) To the extent possible and cost effective, and where feasible, the department and cities and counties receiving funds under the program shall use advanced technologies and material recycling techniques that reduce the cost of maintaining and rehabilitating the streets and highways, and that exhibit reduced levels of greenhouse gas emissions through material choice and construction method. (d) To the extent possible and cost effective, and where feasible, the department and cities and counties receiving funds under the program shall use advanced technologies and communications systems in transportation infrastructure that recognize and accommodate advanced automotive technologies that may include, but are not necessarily limited to, charging or fueling opportunities for zero-emission vehicles, and provision of infrastructure-to-vehicle communications for transitional or full autonomous vehicle systems. (e) To the extent deemed cost effective, and where feasible, in the context of both the project scope and the risk level for the asset due to global climate change, the department and cities and counties receiving funds under the program shall include features in the projects funded by the program to better adapt the asset to withstand the negative effects of climate change and make the asset more resilient to impacts such as fires, floods, and sea level rise. (f) To the extent beneficial, cost effective, and practicable in the context of facility type, right-of-way, project scope, and quality of nearby alternative facilities, and where feasible, the department and cities and counties receiving funds under the program shall incorporate complete street elements into projects funded by the program, including, but not limited to, elements that improve the quality of bicycle and pedestrian facilities and that improve safety for all users of transportation facilities. (g) For purposes of funds directed to the State Highway Operation and Protection Program, the guidelines and reporting provisions shall be consistent with Section 14526.5 of the Government Code. (h) Guidelines adopted by the commission to facilitate the allocation of funds in the account shall be 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). (Added by Stats. 2017, Ch. 5, Sec. 36. (SB 1) Effective April 28, 2017.)
  42. 2031.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Road Maintenance and Rehabilitation Program [2030 - 2038] ( Chapter 2 added by Stats. 2017, Ch. 5, Sec. 36. )

    Verify source ↗

    Certain highway-related revenues must be deposited into the Road Maintenance and Rehabilitation Account in the State Transportation Fund.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Road Maintenance and Rehabilitation Program [2030 - 2038] ( Chapter 2 added by Stats. 2017, Ch. 5, Sec. 36. ) ## 2031. The following revenues shall be deposited in the Road Maintenance and Rehabilitation Account, which is hereby created in the State Transportation Fund: (a) Notwithstanding subdivision (b) of Section 2103 and pursuant to subdivision (a) of Section 2103.1, the portion of the revenues in the Highway Users Tax Account attributable to the increases in the motor vehicle fuel excise tax pursuant to subdivision (c) of Section 7360 of the Revenue and Taxation Code, as adjusted pursuant to subdivision (d) of that section. (b) The revenues from the portion of the transportation improvement fee pursuant to subdivision (c) of Section 11053 of the Revenue and Taxation Code. (c) The revenues from the increase in the vehicle registration fee pursuant to Section 9250.6 of the Vehicle Code, as adjusted pursuant to subdivision (b) of that section. (d) Notwithstanding subdivision (b) of Section 2103 and pursuant to paragraph (2) of subdivision (b) of Section 2103.1, one-half of the revenues attributable to the increase in the diesel fuel excise tax pursuant to subdivisions (b) and (c) of Section 60050 of the Revenue and Taxation Code. (e) Any other revenues designated for the program. (Added by Stats. 2017, Ch. 5, Sec. 36. (SB 1) Effective April 28, 2017.)
  43. 2031.5.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Road Maintenance and Rehabilitation Program [2030 - 2038] ( Chapter 2 added by Stats. 2017, Ch. 5, Sec. 36. )

    Verify source ↗

    Each fiscal year, the annual Budget Act must include an appropriation from the Road Maintenance and Rehabilitation Account to cover the costs of administering this chapter.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Road Maintenance and Rehabilitation Program [2030 - 2038] ( Chapter 2 added by Stats. 2017, Ch. 5, Sec. 36. ) ## 2031.5. For each fiscal year, the annual Budget Act shall contain an appropriation from the Road Maintenance and Rehabilitation Account for the costs of administering this chapter. (Added by Stats. 2017, Ch. 5, Sec. 36. (SB 1) Effective April 28, 2017.)
  44. 2032.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Road Maintenance and Rehabilitation Program [2030 - 2038] ( Chapter 2 added by Stats. 2017, Ch. 5, Sec. 36. )

    Verify source ↗

    This section divides Road Maintenance and Rehabilitation Account revenues among several transportation purposes and sets monthly duties for the Controller.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Road Maintenance and Rehabilitation Program [2030 - 2038] ( Chapter 2 added by Stats. 2017, Ch. 5, Sec. 36. ) ## 2032. (a) (1) After deducting the amounts appropriated in the annual Budget Act, as provided in Section 2031.5, two hundred million dollars ($200,000,000) of the remaining revenues deposited in the Road Maintenance and Rehabilitation Account shall be set aside annually for local or regional transportation agencies that have sought and received voter approval of taxes or that have imposed fees, including uniform developer fees as defined by subdivision (b) of Section 8879.67 of the Government Code, which taxes or fees are dedicated solely to transportation improvements. The Controller shall each month set aside one-twelfth of this amount, except in fiscal year 2017–18, the Controller shall set aside one-eighth of this amount, to accumulate a total of two hundred million dollars ($200,000,000) in each fiscal year. The Controller may adjust the amount in the final month or months of each fiscal year if necessary to achieve the annual amount specified in this subdivision. (2) Eligible projects under this subdivision include, but not are limited to, sound walls for a freeway that was built before 1987 without sound walls and with or without high-occupancy vehicle lanes if the completion of the sound walls has been deferred due to lack of available funding for at least 20 years and a noise barrier scope summary report has been completed within the last 20 years. (3) Notwithstanding Section 13340 of the Government Code, the funds available under this subdivision in each fiscal year are hereby continuously appropriated for allocation by the commission for road maintenance and rehabilitation and other transportation improvement projects pursuant to Section 2033. (b) After deducting the amounts appropriated in the annual Budget Act pursuant to Section 2031.5 and the amount allocated in subdivision (a), beginning in the 2017–18 fiscal year, one hundred million dollars ($100,000,000) of the remaining revenues shall be available annually for expenditure, upon appropriation by the Legislature, on the Active Transportation Program created pursuant to Chapter 8 (commencing with Section 2380) of Division 3 to be allocated by the California Transportation Commission pursuant to Section 2381. The Controller shall each month set aside one-twelfth of this amount, except in the 2017–18 fiscal year, when the Controller shall set aside one-eighth of this amount, to accumulate a total of one hundred million dollars ($100,000,000) in each fiscal year. The Controller may adjust the amount in the final month or months of each fiscal year if necessary to achieve the annual amount specified in this subdivision. (c) After deducting the amounts appropriated in the annual Budget Act pursuant to Section 2031.5 and the amounts allocated in subdivisions (a) and (b), beginning in the 2017–18 fiscal year, four hundred million dollars ($400,000,000) of the remaining revenues shall be available annually for expenditure, upon appropriation by the Legislature, by the department for bridge and culvert maintenance and rehabilitation. The Controller shall each month set aside one-twelfth of this amount, except in the 2017–18 fiscal year, when the Controller shall set aside one-eighth of this amount, to accumulate a total of four hundred million dollars ($400,000,000) in each fiscal year. The Controller may adjust the amount in the final month or months of each fiscal year if necessary to achieve the annual amount specified in this subdivision. (d) After deducting the amounts appropriated in the annual Budget Act pursuant to Section 2031.5 and the amounts allocated in subdivisions (a), (b), and (c), beginning in the 2017–18 fiscal year, twenty-five million dollars ($25,000,000) of the remaining revenues shall be transferred annually to the State Highway Account for expenditure, upon appropriation by the Legislature, to supplement the freeway service patrol program. The Controller shall each month set aside one-twelfth of this amount, except in the 2017–18 fiscal year, when the Controller shall set aside one-eighth of this amount, to accumulate a total of twenty-five million dollars ($25,000,000) in each fiscal year. The Controller may adjust the amount in the final month or months of each fiscal year if necessary to achieve the annual amount specified in this subdivision. (e) After deducting the amounts appropriated in the annual Budget Act pursuant to Section 2031.5 and the amounts allocated in subdivisions (a), (b), (c), and (d), in the 2017–18, 2018–19, 2019–20, 2020–21, and 2021–22 fiscal years, from revenues in the Road Maintenance and Rehabilitation Account that are not subject to Article XIX of the California Constitution, five million dollars ($5,000,000) shall be appropriated in each fiscal year to the California Workforce Development Board to assist local agencies to implement policies to promote preapprenticeship training programs to carry out the projects that are funded by the account pursuant to Section 2038. Funds appropriated pursuant to this subdivision in the Budget Act but remaining unexpended at the end of each applicable fiscal year shall be reappropriated for the same purposes in the following year’s Budget Act, but all funds appropriated or reappropriated pursuant to this subdivision in the Budget Act shall be liquidated no later than June 30, 2027. (f) After deducting the amounts appropriated in the annual Budget Act pursuant to Section 2031.5 and the amounts allocated in subdivisions (a), (b), (c), (d), and (e), beginning in the 2017–18 fiscal year, twenty-five million dollars ($25,000,000) of the remaining revenues shall be available annually for expenditure, upon appropriation by the Legislature, by the department for local planning grants, as described in Section 2033.5. The Controller shall each month set aside one-twelfth of this amount, except in the 2017–18 fiscal year, when the Controller shall set aside one-eighth of this amount, to accumulate a total of twenty-five million dollars ($25,000,000) in each fiscal year. The Controller may adjust the amount in the final month or months of each fiscal year if necessary to achieve the annual amount specified in this subdivision. (g) After deducting the amounts appropriated in the annual Budget Act pursuant to Section 2031.5 and the amounts allocated in subdivisions (a), (b), (c), (d), (e), and (f), beginning in the 2017–18 fiscal year and each fiscal year thereafter, from the remaining revenues, five million dollars ($5,000,000) shall be available, upon appropriation, to the University of California for the purpose of conducting transportation research and two million dollars ($2,000,000) shall be available, upon appropriation, to the California State University for the purpose of conducting transportation research and transportation-related workforce education, training, and development. Before the start of each fiscal year, the Secretary of Transportation and the chairs of the Assembly Committee on Transportation and the Senate Committee on Transportation and Housing may set out a recommended priority list of research components to be addressed in the upcoming fiscal year. (h) Notwithstanding Section 13340 of the Government Code, the balance of the revenues deposited in the Road Maintenance and Rehabilitation Account are hereby continuously appropriated as follows: (1) Fifty percent for allocation to the department for maintenance of the state highway system or for purposes of the state highway operation and protection program. (2) Fifty percent for apportionment to cities and counties by the Controller pursuant to the formula in clauses (i) and (ii) of subparagraph (C) of paragraph (3) of subdivision (a) of Section 2103 for the purposes authorized by this chapter. (Amended by Stats. 2018, Ch. 92, Sec. 205. (SB 1289) Effective January 1, 2019.)
  45. 2032.5.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Road Maintenance and Rehabilitation Program [2030 - 2038] ( Chapter 2 added by Stats. 2017, Ch. 5, Sec. 36. )

    Verify source ↗

    The Department of Transportation must report and submit project documentation to the commission, and the commission must review performance and report its findings to the Legislature.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Road Maintenance and Rehabilitation Program [2030 - 2038] ( Chapter 2 added by Stats. 2017, Ch. 5, Sec. 36. ) ## 2032.5. (a) It is the intent of the Legislature that the Department of Transportation and local governments are held accountable for the efficient investment of public funds to maintain the public highways, streets, and roads, and are accountable to the people through performance goals that are tracked and reported. (b) The department shall annually report to the commission relative to the expenditures made with funds received pursuant to subdivision (c) of, and paragraph (1) of subdivision (h) of, Section 2032, and the progress made and achievement of the performance goals outlined in subdivision (n) of Section 1 of the act adding this section. (c) For each fiscal year in which the department receives an allocation of funds described in subdivision (b), the department shall submit documentation to the commission that includes a description and the location of each completed project, the amount of funds expended on the project, the completion date, and the project’s estimated useful life. Annually, the commission shall evaluate the effectiveness of the department in reducing deferred maintenance and improving road conditions on the state highway system, as demonstrated by the progress made by the goals set forth in subdivision (n) of Section 1 of the act enacting this section. The commission may make recommendations for improvement and may withhold future project allocations if it determines program funds are not being appropriately spent. The commission shall annually include any findings in its annual report to the Legislature pursuant to Section 14535 of the Government Code. (d) The department shall implement efficiency measures with the goal to generate at least one hundred million dollars ($100,000,000) per year in savings to invest in maintenance and rehabilitation of the state highway system. These savings shall be reported to the commission. (Amended by Stats. 2017, Ch. 20, Sec. 16. (AB 115) Effective June 27, 2017.)
  46. 2033.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Road Maintenance and Rehabilitation Program [2030 - 2038] ( Chapter 2 added by Stats. 2017, Ch. 5, Sec. 36. )

    Verify source ↗

    The commission must develop fund-allocation guidelines by January 1, 2018, and may later amend them after a public hearing.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Road Maintenance and Rehabilitation Program [2030 - 2038] ( Chapter 2 added by Stats. 2017, Ch. 5, Sec. 36. ) ## 2033. (a) On or before January 1, 2018, the commission, in cooperation with the department, transportation planning agencies, county transportation commissions, and other local agencies, shall develop guidelines for the allocation of funds pursuant to subdivision (a) of Section 2032. (b) The guidelines shall be the complete and full statement of the policy, standards, and criteria that the commission intends to use to determine how these funds will be allocated. (c) The commission may amend the adopted guidelines after conducting at least one public hearing. (d) The guidelines may include streamlining of project delivery by authorizing local or regional transportation agencies to seek commission approval of a letter of no prejudice that allows the agency to expend its own funds in advance of an allocation of funds by the commission, and to be reimbursed at a later time for eligible expenditures. A letter of no prejudice shall only be available to local or regional transportation agencies for moneys that have been identified for future allocation to the applicant agency. Moneys designated pursuant to subdivision (a) of Section 2032 shall only be reimbursed when there is funding available in an amount sufficient to make the reimbursement. (Amended by Stats. 2017, Ch. 255, Sec. 5. (AB 135) Effective September 16, 2017.)
  47. 2033.5.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Road Maintenance and Rehabilitation Program [2030 - 2038] ( Chapter 2 added by Stats. 2017, Ch. 5, Sec. 36. )

    Verify source ↗

    The department must allocate local planning grants, develop a grant guide, consult specified state agencies on the guide, and provide status reports while administering the funds.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Road Maintenance and Rehabilitation Program [2030 - 2038] ( Chapter 2 added by Stats. 2017, Ch. 5, Sec. 36. ) ## 2033.5. The department, from funds made available pursuant to subdivision (f) of Section 2032, shall allocate local planning grants to encourage local and regional planning that furthers state goals, including, but not limited to, the goals and best practices cited in the regional transportation plan guidelines adopted by the commission pursuant to Sections 14522 to 14522.3, inclusive, of the Government Code. The department shall develop a grant guide and shall consult with the State Air Resources Board, the Governor’s Office of Planning and Research, and the Department of Housing and Community Development in the development of the grant guide, and shall provide status reports as it administers these funds. The grant guide shall be 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). (Amended by Stats. 2017, Ch. 20, Sec. 17. (AB 115) Effective June 27, 2017.)
  48. 2034.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Road Maintenance and Rehabilitation Program [2030 - 2038] ( Chapter 2 added by Stats. 2017, Ch. 5, Sec. 36. )

    Verify source ↗

    Eligible cities and counties must submit project lists to receive funding, and they must later report how program funds were spent.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Road Maintenance and Rehabilitation Program [2030 - 2038] ( Chapter 2 added by Stats. 2017, Ch. 5, Sec. 36. ) ## 2034. (a) (1) Before receiving an apportionment of funds under the program pursuant to paragraph (2) of subdivision (h) of Section 2032 from the Controller in a fiscal year, an eligible city or county shall submit to the commission a list of projects proposed to be funded with these funds. Two or more eligible cities, or one or more cities and a county, may propose a project to be jointly funded with these funds. Each city or county that proposes to jointly fund a project shall include its participation in the project in its list of projects submitted to the commission. All projects proposed to receive funding shall be adopted by resolution by the applicable city council or county board of supervisors at a regular public meeting. A proposed jointly funded project shall additionally be endorsed by a memorandum of understanding that is approved by the entities proposing to jointly fund the project and that includes the identity of the project’s lead agency and a description of the individual contributions of each participating city and county to the project. The list of projects proposed to be funded with these funds, including jointly funded projects, shall include a description and the location of each proposed project, a proposed schedule for that project’s completion, and the estimated useful life of the improvement. The project list shall not limit the flexibility of an eligible city or county to fund projects in accordance with local needs and priorities so long as the projects are consistent with subdivision (b) of Section 2030. (2) The commission shall submit an initial report to the Controller that indicates the cities and counties that have submitted a list of projects as described in this subdivision and that are therefore eligible to receive an apportionment of funds under the program for the applicable fiscal year. If the commission receives a list of projects from a city or county after it submits its initial report to the Controller, the commission shall submit a subsequent report to the Controller that indicates the cities and counties that submitted a list of projects after the commission submitted its initial report. (3) The Controller, upon receipt of the initial report, shall apportion funds to eligible cities and counties. (4) (A) For any city or county that is not included in the initial report submitted to the Controller pursuant to paragraph (2), the Controller shall retain the monthly share of funds that would otherwise be apportioned and distributed to the city or county pursuant to paragraph (3). (B) If the Controller receives a subsequent report from the commission within 90 days of receiving the initial report from the commission that a city or county has become eligible to receive an apportionment, the Controller shall apportion the funds retained pursuant to subparagraph (A) to the city or county. (C) The Controller shall reapportion to all eligible cities and counties pursuant to the formula in clauses (i) and (ii) of subparagraph (C) of paragraph (3) of subdivision (a) of Section 2103 any funds that were retained pursuant to subparagraph (A) but that were not apportioned and distributed pursuant to subparagraph (B). (b) For each fiscal year, each city or county receiving an apportionment of funds shall, upon expending program funds, submit documentation to the commission that details the expenditures of all funds under the program, including a description and location of each completed project, the amount of funds expended on the project, the completion date, if applicable, and the estimated useful life of the improvement. For projects jointly funded pursuant to paragraph (1) of subdivision (a), each participating city and county shall submit to the commission the documentation required pursuant to this subdivision. (c) Before receiving an apportionment of funds under the program pursuant to paragraph (2) of subdivision (h) of Section 2032, an eligible city or county may expend other funds on eligible projects and may reimburse the source of those other funds when it receives its apportionment from the Controller over one or more years. (Amended by Stats. 2021, Ch. 108, Sec. 1. (SB 640) Effective January 1, 2022.)
  49. 2036.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Road Maintenance and Rehabilitation Program [2030 - 2038] ( Chapter 2 added by Stats. 2017, Ch. 5, Sec. 36. )

    Verify source ↗

    Cities and counties must keep funding street, road, and highway work at required levels to stay eligible for Section 2032 funds, and the Controller may audit, request data, withhold payments, and reallocate withheld funds.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Road Maintenance and Rehabilitation Program [2030 - 2038] ( Chapter 2 added by Stats. 2017, Ch. 5, Sec. 36. ) ## 2036. (a) Cities and counties shall maintain their existing commitment of local funds for street, road, and highway purposes in order to remain eligible for an allocation or apportionment of funds pursuant to Section 2032. (b) In order to receive an allocation or apportionment pursuant to Section 2032, the city or county shall annually expend from its general fund for street, road, and highway purposes an amount not less than the annual average of its expenditures from its general fund during the 2009–10, 2010–11, and 2011–12 fiscal years, as reported to the Controller pursuant to Section 2151. For purposes of this subdivision, in calculating a city’s or county’s annual general fund expenditures and its average general fund expenditures for the 2009–10, 2010–11, and 2011–12 fiscal years, any unrestricted funds that the city or county may expend at its discretion, including vehicle in-lieu tax revenues and revenues from fines and forfeitures, expended for street, road, and highway purposes shall be considered expenditures from the general fund. One-time allocations that have been expended for street and highway purposes, but which may not be available on an ongoing basis, including revenue provided under the Teeter Plan Bond Law of 1994 (Chapter 6.6 (commencing with Section 54773) of Part 1 of Division 2 of Title 5 of the Government Code), shall not be considered when calculating a city’s or county’s annual general fund expenditures. (c) For any city incorporated after July 1, 2009, the Controller shall calculate an annual average expenditure for the period between July 1, 2009, to December 31, 2015, inclusive, that the city was incorporated. (d) For purposes of subdivision (b), the Controller may request fiscal data from cities and counties in addition to data provided pursuant to Section 2151, for the 2009–10, 2010–11, and 2011–12 fiscal years. Each city and county shall furnish the data to the Controller not later than 120 days after receiving the request. The Controller may withhold payment to cities and counties that do not comply with the request for information or that provide incomplete data. (e) The Controller may perform audits to ensure compliance with subdivision (b) when deemed necessary. (1) For any city or county that has not complied with subdivision (b), the Controller shall withhold from its apportionment pursuant to Section 2032 for a fiscal year following an audit an amount up to the amount of funds that the city or county received during the fiscal year that was audited. The amount withheld shall be reapportioned in one annual payment pursuant to paragraph (3). (2) If the amount to be apportioned pursuant to Section 2032 is less than the amount to be withheld pursuant to paragraph (1), the city or county shall reimburse the state for the difference between the amount withheld and the apportionment that was received during the fiscal year that was audited. If the city or county is ineligible for an apportionment pursuant to Section 2032, the city or county shall reimburse the state in an amount equal to the allocation or apportionment it received in the fiscal year that was audited. (3) Any funds withheld or returned as a result of a failure to comply with subdivision (b) shall be reallocated or reapportioned to the other counties or cities whose expenditures are in compliance during the fiscal year that the funds are withheld or returned. The reallocation or reapportionment shall be pursuant to the formula in clauses (i) and (ii) of subparagraph (C) of paragraph (3) of subdivision (a) of Section 2103. (4) The Controller may adopt any rules, regulations, and procedures necessary to carry out the purposes of this section. (f) If a city or county fails to comply with the requirements of subdivision (b) in a particular fiscal year, the city or county may expend during that fiscal year and the following fiscal year a total amount that is not less than the total amount required to be expended for those fiscal years for purposes of complying with subdivision (b). (g) For the 2019–20 fiscal year, cities and counties are not required to comply with the annual expenditure requirements set forth in subdivision (b) or (c). (h) For the 2020–21 fiscal year, the Controller shall adjust the annual expenditure requirements in subdivisions (b) and (c) in proportion to any decrease in taxable sales within the applicable city or county from the 2018–19 fiscal year to the 2019–20 fiscal year. The Controller shall not make an adjustment if taxable sales increased. (i) For the 2021–22 fiscal year, the Controller shall adjust the annual expenditure requirements in subdivisions (b) and (c) in proportion to any decrease in taxable sales within the applicable city or county from the 2018–19 fiscal year to the 2020–21 fiscal year. The Controller shall not make an adjustment if taxable sales increased. (j) A city or county may petition the Controller to use transient occupancy tax revenues, in lieu of taxable sales, for purposes of adjusting the calculation in subdivision (i), if transient occupancy tax revenues in the 2018–19 fiscal year exceeded the amount determined in subdivision (b) and the amount of decrease in transient occupancy tax revenues from the 2018–19 fiscal year to the 2020–21 fiscal year exceeds the amount of decrease in sales and use tax revenues from the 2018–19 fiscal year to the 2020–21 fiscal year. (Amended by Stats. 2021, Ch. 81, Sec. 20. (AB 149) Effective July 16, 2021.)
  50. 2037.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Road Maintenance and Rehabilitation Program [2030 - 2038] ( Chapter 2 added by Stats. 2017, Ch. 5, Sec. 36. )

    Verify source ↗

    A city or county may use its program funds for other transportation priorities if its average Pavement Condition Index is at least 80.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Road Maintenance and Rehabilitation Program [2030 - 2038] ( Chapter 2 added by Stats. 2017, Ch. 5, Sec. 36. ) ## 2037. A city or county may spend its apportionment of funds under the program on transportation priorities other than those allowable pursuant to this chapter if the city’s or county’s average Pavement Condition Index meets or exceeds 80. (Added by Stats. 2017, Ch. 5, Sec. 36. (SB 1) Effective April 28, 2017.)
  51. 2038.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Road Maintenance and Rehabilitation Program [2030 - 2038] ( Chapter 2 added by Stats. 2017, Ch. 5, Sec. 36. )

    Verify source ↗

    The California Workforce Development Board must issue guidelines and run a grant program for preapprenticeship training, and funded agencies and grantees must follow the rules and reporting requirements.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 2. Road Maintenance and Rehabilitation Program [2030 - 2038] ( Chapter 2 added by Stats. 2017, Ch. 5, Sec. 36. ) ## 2038. (a) The California Workforce Development Board shall develop guidelines for public agencies receiving Road Maintenance and Rehabilitation Account funds to participate in, invest in, or partner with, new or existing preapprenticeship training programs established pursuant to subdivision (e) of Section 14230 of the Unemployment Insurance Code. The department and local agencies that receive Road Maintenance and Rehabilitation Account funds pursuant to this chapter shall, not later than July 1, 2023, follow the guidelines set forth by the board. The board shall also establish a preapprenticeship development and training grant program, beginning January 1, 2019, pursuant to subdivision (e) of Section 14230 of the Unemployment Insurance Code. Local public agencies that receive Road Maintenance and Rehabilitation Account funds pursuant to this chapter are eligible to compete for such grants and may apply in partnership with other agencies and entities, including those with existing preapprenticeship programs. Successful grant applicants shall, to the extent feasible: (1) Follow the multicraft core curriculum implemented by the State Department of Education for its pilot project with the California Partnership Academies and by the California Workforce Development Board and local boards. (2) Include a plan for outreach to and retention of women participants in the preapprenticeship program to help increase the representation of women in the building and construction trades. (3) Include a plan for outreach to and retention of minority participants and underrepresented subgroups in the preapprenticeship program to help increase their representation in the building and construction trades. (4) Include a plan for outreach to and retention of disadvantaged youth participants in the preapprenticeship program to help increase their employment opportunities in the building and construction trades. (5) Include a plan for outreach to individuals in the local labor market area and to formerly incarcerated individuals to provide pathways to employment and training. (6) Coordinate with local state-approved apprenticeship programs, local building trade councils, and to the extent possible the California Conservation Corps and certified community conservation corps, so individuals who have completed these programs have a pathway to continued employment. (b) As a condition of receiving a grant, grantees shall collect demographic data from participants and shall report this data to the California Workforce Development Board. The California Workforce Development Board shall provide technical assistance to grantees on the manner in which to collect this data. The California Workforce Development Board shall annually report this demographic data to the Legislature, detailing the racial, ethnic, and gender makeup of participants in the grant programs. This report shall include demographic data on participation, completion, and placement. (Amended by Stats. 2017, Ch. 95, Sec. 16. (SB 103) Effective July 21, 2017.)
  52. 204.

    ## 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 5. Funds for Highway and Public Mass Transit Guideway Purposes [181 - 208] ( Heading of Article 5 amended by Stats. 1992, Ch. 1243, Sec. 26. )

    Verify source ↗

    The department must exercise the same powers and duties for State highways within cities as it does for other 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 5. Funds for Highway and Public Mass Transit Guideway Purposes [181 - 208] ( Heading of Article 5 amended by Stats. 1992, Ch. 1243, Sec. 26. ) ## 204. The department shall exercise the same powers and duties with respect to State highways within cities as with respect to other State highways. (Added by Stats. 1935, Ch. 642.)
  53. 207.

    ## 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 5. Funds for Highway and Public Mass Transit Guideway Purposes [181 - 208] ( Heading of Article 5 amended by Stats. 1992, Ch. 1243, Sec. 26. )

    Verify source ↗

    The commission may set an investment plan for excess State Highway Account money, and the department may invest those funds only with the State Treasurer’s approval.

    ## 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 5. Funds for Highway and Public Mass Transit Guideway Purposes [181 - 208] ( Heading of Article 5 amended by Stats. 1992, Ch. 1243, Sec. 26. ) ## 207. The commission may, by resolution, provide a plan under which the department may invest presently unneeded money in the State Highway Account in bonds or interest-bearing notes or obligations of the United States for which the faith and credit of the United States are pledged for the payment of principal and interest, in time bank deposits in eligible banks described in Section 16500 of the Government Code, in deposits in eligible savings and loan associations described in Section 16600 of the Government Code, or in any securities of federal agencies described in Section 16430 of the Government Code. The department may, with the approval of the State Treasurer, invest such excess funds in accordance with the resolution. All such bonds, notes, or obligations purchased under the provisions of this section shall be delivered to the State Treasurer, who shall keep them as a portion of the State Highway Account, and all interest thereon when collected shall be paid into and become a part of the State Highway Account. All investments made under this section shall be liquidated as soon as the funds invested are required for state highway purposes. (Amended by Stats. 1980, Ch. 777, Sec. 49.)
  54. 208.

    ## 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 5. Funds for Highway and Public Mass Transit Guideway Purposes [181 - 208] ( Heading of Article 5 amended by Stats. 1992, Ch. 1243, Sec. 26. )

    Verify source ↗

    The Controller must identify money in a specified DMV account that is not needed right away and designate it as “available money.”

    ## 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 5. Funds for Highway and Public Mass Transit Guideway Purposes [181 - 208] ( Heading of Article 5 amended by Stats. 1992, Ch. 1243, Sec. 26. ) ## 208. The Controller shall, from time to time, determine whether any portion of the money or investment in the Department of Motor Vehicles Uncleared Collections Account in the Special Deposit Fund is not necessary for immediate use and, if so, the amount thereof shall thereupon be designated as “available money.” On demand of the Department of Transportation from time to time, the amounts demanded, not exceeding ten million dollars ($10,000,000) in the aggregate, shall, on order of the Controller, be transferred to the State Highway Account from the “available money” and shall be available for the acquisition of properties to constitute rights-of-way for state highway purposes. On demand of the Controller, the money shall be retransferred to the Department of Motor Vehicles Uncleared Collections Account. (Amended by Stats. 1982, Ch. 681, Sec. 61.)
  55. 21.

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

    Verify source ↗

    “Director” means the director of the department.

    ## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. ) ## 21. “Director” means the director of the department. (Enacted by Stats. 1935, Ch. 29.)
  56. 2100.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    The Controller may use Highway Users Tax Account funds for cashflow loans to the General Fund, and those loans are exempt from a specified Government Code paragraph.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2100. The Highway Users Tax Fund is continued in existence as the Highway Users Tax Account in the Transportation Tax Fund. Any reference in any law or regulation to the Highway Users Tax Fund shall be deemed to refer to the Highway Users Tax Account in the Transportation Tax Fund. Notwithstanding any other provision of law, the Controller may use the funds in the Highway Users Tax Account in the Transportation Tax Fund for cashflow loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. Any such loan shall be exempt from paragraph (2) of subdivision (b) of Section 16310 of the Government Code. Interest shall be paid on all moneys loaned to the General Fund and shall be computed at a rate determined by the Pooled Money Investment Board to be the current earning rate of the fund from which the money is loaned. This subdivision does not authorize any transfer that would interfere with the carrying out of the object for which these funds were created. (Amended by Stats. 2012, Ch. 1, Sec. 9. (SB 95) Effective February 3, 2012.)
  57. 2101.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    Money in the Highway Users Tax Account is appropriated for specified street, highway, and mass transit guideway purposes.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2101. Notwithstanding Section 13340 of the Government Code, all moneys in the Highway Users Tax Account in the Transportation Tax Fund and hereafter received in the account are appropriated for all of the following: (a) The research, planning, construction, improvement, maintenance, and operation of public streets and highways, including their related public facilities for nonmotorized traffic, the mitigation of their environmental effects, the payment for property taken or damaged for those purposes, and the administrative costs necessarily incurred in the foregoing purposes. For purposes of this subdivision, “maintenance of public streets and highways” shall include maintenance or removal of cattle guards within the right-of-way of a county highway. (b) The research and planning for exclusive public mass transit guideways, their related fixed facilities, the payment for property taken or damaged for those purposes, and the administrative costs necessarily incurred in the foregoing purposes. (c) The construction and improvement of exclusive public mass transit guideways, including their related fixed facilities, the mitigation of their environmental effects, the payment for property taken or damaged for those purposes, the administrative costs necessarily incurred in the foregoing purposes, and the maintenance of the structures and the immediate right-of-way for the public mass transit guideways, but excluding the maintenance and operating costs for mass transit power systems and mass transit passenger facilities, vehicles, equipment, and services, in any area where the voters have approved a proposition pursuant to Section 4 of Article XIX of the California Constitution. (d) The payment of principal and interest on voter-approved bonds issued for the purposes specified in subdivision (c). (Amended by Stats. 2019, Ch. 636, Sec. 5. (AB 1810) Effective January 1, 2020.)
  58. 2102.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    This section defines “net revenue derived from a tax” as the tax revenue deposited into the Highway Users Tax Account in the Transportation Tax Fund.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2102. Net revenue derived from a tax means the amount of revenue derived from a tax that is deposited into the Highway Users Tax Account in the Transportation Tax Fund. (Amended by Stats. 1973, Ch. 1153.)
  59. 2103.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    This section requires the Treasurer’s office and the Controller to make monthly notices and transfers of specified highway-related revenues into named funds, then apportion remaining revenues among state highway, local street and road, city, and county purposes.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2103. (a) Notwithstanding Section 13340 of the Government Code, of the net revenues deposited to the credit of the Highway Users Tax Account that are derived from the increases in the rates of taxes that are imposed pursuant to subdivision (b) of Section 7360 and Section 7361.1 of the Revenue and Taxation Code, all of the following shall occur on a monthly basis: (1) (A) By the 15th day of every month, the Treasurer’s office, in consultation with the Department of Finance, shall notify the Controller of the amount of debt service that will be paid on each transportation bond during that month. (B) Within two business days following the 28th day of each month, the Controller shall transfer to the Transportation Debt Service Fund an amount equal to the amount of monthly debt service paid by the General Fund on any bonds issued pursuant to the Seismic Retrofit Bond Act of 1996 (Chapter 12.48 (commencing with Section 8879) of Division 1 of Title 2 of the Government Code) or any other bonds issued for highway or eligible guideway projects consistent with the requirements applicable to the expenditure of revenues under Article XIX of the California Constitution as identified by the Department of Finance pursuant to Section 16965 of the Government Code, and three-quarters of the amount of monthly debt service paid on any bonds issued pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code) for reimbursement of the General Fund for these costs. If revenues available pursuant to this subdivision in any given month are insufficient to fully reimburse the General Fund for the debt service payments made, the first revenues available pursuant to this subdivision in the following month or months shall be transferred to the Transportation Debt Service Fund so that all debt service payments made on these bonds from the General Fund in a given fiscal year are fully reimbursed. No further transfers shall be made pursuant to this subparagraph once the transfers for the months of July to October, inclusive, in 2010 have been made. Any transfers made from the net revenues identified in this paragraph for highway and eligible guideway bond debt service for months after October 2010 shall be reversed and shall instead be made from weight fee revenues in the State Highway Account, as described in subparagraph (F). (C) Beginning November 2, 2010, the Controller shall transfer to the State Highway Account within two business days following the 28th day of each month all of the monthly net revenues identified in subparagraph (B) that were designated for highway and eligible guideway bond debt service reimbursement but that have not been transferred, or that were transferred by means of a transfer that was reversed, pursuant to that subparagraph. To the extent the Controller has distributed any of those net revenues to cities and counties pursuant to subparagraph (C) of paragraph (3) between November 2, 2010, and March 24, 2011, the Controller shall subsequently reduce the amount transferred to cities and counties on a monthly basis pursuant to subparagraph (C) of paragraph (3) and shall instead transfer these funds to the State Highway Account until all of the revenues that would otherwise have been transferred to the State Highway Account on and after November 2, 2010, pursuant to this subparagraph have been so transferred. For the 2011–12 fiscal year, the Controller shall transfer to the State Highway Account within two business days following the 28th day of each month an amount equal to the weight fee revenues transferred to the Transportation Debt Service Fund pursuant to subdivision (b) of Section 9400.4 of the Vehicle Code, including forty-three million seven hundred thousand dollars ($43,700,000) authorized pursuant to Item 2660-013-0042 of Section 2.00 of the Budget Act of 2011 and an amount equal to weight fee revenues transferred to the General Fund as a loan pursuant to subdivision (b) of Section 9400.4 of the Vehicle Code. To the extent the Controller has distributed any of those revenues to cities and counties pursuant to subparagraph (C) of paragraph (3), the Controller shall subsequently reduce the amount transferred to cities and counties on a monthly basis pursuant to subparagraph (C) of paragraph (3) and instead transfer these funds to the State Highway Account until all of the revenues that would otherwise have been transferred to the State Highway Account in the 2011–12 fiscal year pursuant to this subparagraph have been so transferred. (D) Notwithstanding subparagraph (C), commencing with the 2012–13 fiscal year and every fiscal year thereafter, the Controller shall transfer to the State Highway Account within two business days following the 28th day of each month an amount equal to the amount of weight fee revenues transferred to the Transportation Debt Service Fund for highway and eligible guideway bond debt service and to the General Fund as a loan pursuant to subdivision (c) of Section 9400.4 of the Vehicle Code. (E) Beginning July 1, 2011, transfers made under subparagraphs (C) and (D) during a fiscal year shall not exceed the annual revenue generated from weight fees, as determined by Sections 9400.4 and 42205 of the Vehicle Code, at the rates in effect as of March 24, 2011, as determined by the Department of Finance. (F) Any remaining amount of the highway or eligible guideway bond debt service reimbursement authorized by this paragraph that has not been made pursuant to subparagraph (B) on and after November 2, 2010, shall instead be made pursuant to subdivisions (a), (b), and (c) of Section 9400.4 of the Vehicle Code from revenues in the State Highway Account derived from weight fees deposited in the account pursuant to subdivision (e) of Section 9400.1 and Section 42205 of the Vehicle Code. (2) (A) In the 2010–11 fiscal year, after the monthly transfer made pursuant to paragraph (1), the sum of fifty-four million one hundred sixty-seven thousand dollars ($54,167,000) per month shall be held in the account for future appropriation by the Legislature. (B) Notwithstanding any other law, with respect to the monthly net revenues described in subparagraph (A), no further transfers of these revenues for the purpose of loans to the General Fund shall be made pursuant to Item 2660-011-0062 of Section 2.00 of the Budget Act of 2010 once the loan transfers for the months of July to October, inclusive, in 2010 have been made. Notwithstanding the loan repayment date specified in the provisional language for that item, the funds loaned shall be repaid by June 30, 2021. Any transfers made from the monthly net revenues in subparagraph (A) for months after October 2010 shall be reversed and shall instead be made from weight fee revenues in the State Highway Account, as described in subparagraph (D). The revenues from loan repayments shall be held in the Highway Users Tax Account for future appropriation by the Legislature. (C) Beginning November 2, 2010, all of the monthly net revenues described in subparagraph (A) shall instead be transferred by the Controller to the State Highway Account within two business days following the 28th day of each month. To the extent that the Controller has distributed any of the revenues identified in this paragraph to cities and counties pursuant to subparagraph (C) of paragraph (3) between October 14, 2010, and March 24, 2011, the Controller shall subsequently reduce the amount transferred to cities and counties on a monthly basis pursuant to subparagraph (C) of paragraph (3) and shall instead transfer these funds to the State Highway Account until all of the revenues that would have been transferred to the General Fund as a loan pursuant to Item 2660-011-0062 of Section 2.00 of the Budget Act of 2010 on and after November 2, 2010, have instead been transferred to the State Highway Account. (D) Any remaining amount of the loans to the General Fund authorized pursuant to Item 2660-011-0062 of Section 2.00 of the Budget Act of 2010 that has not been made pursuant to subparagraph (B) on and after November 2, 2010, shall instead be made pursuant to Section 9400.4 of the Vehicle Code from revenues in the State Highway Account derived from weight fees deposited in the account pursuant to subdivision (e) of Section 9400.1 and Section 42205 of the Vehicle Code. (3) The Controller shall transfer any remaining net revenues subject to this subdivision as follows: (A) Forty-four percent shall be transferred to the State Highway Account to fund projects in the State Transportation Improvement Program that are consistent with Section 2 of Article XIX of the California Constitution. (B) Twelve percent shall be transferred to the State Highway Account to fund projects in the State Highway Operation and Protection Program. (C) Forty-four percent shall be apportioned by the Controller for local street and road purposes, except in the 2010–11 fiscal year, 50 percent shall be transferred for purposes of this subparagraph as follows: (i) Fifty percent shall be apportioned by the Controller to cities, including a city and county, in the proportion that the total population of the city bears to the total population of all the cities in the state. (ii) Fifty percent shall be apportioned by the Controller to counties, including a city and county, in accordance with the following formulas: (I) Seventy-five percent shall be apportioned among the counties in the proportion that the number of fee-paid and exempt vehicles that are registered in the county bear to the number of fee-paid and exempt vehicles registered in the state. (II) Twenty-five percent shall be apportioned among the counties in the proportion that the number of miles of maintained county roads in each county bear to the total number of miles of maintained county roads in the state. For purposes of apportioning funds under this subclause, any roads within the boundaries of a city and county that are not state highways shall be deemed to be county roads. (b) After the transfers or other actions pursuant to subdivision (a), at least 90 percent of the balance deposited to the credit of the Highway Users Tax Account in the Transportation Tax Fund by the 28th day of each month shall be apportioned or transferred, as applicable, by the Controller by the seventh working day thereafter. These apportionments or transfers shall be made as provided for in Sections 2104 to 2122, inclusive. If information is not available to make the apportionment or transfer as required, the apportionment or transfer shall be made on the basis of the information of the previous month. Amounts not apportioned or transferred shall be included in the apportionment or transfer of the subsequent month. (c) Notwithstanding any other law, the funds apportioned by the Controller to cities and counties pursuant to subparagraph (C) of paragraph (3) of subdivision (a) are not subject to Section 7104 or 7104.2 of the Revenue and Taxation Code. These funds may be expended for any street and road purpose consistent with the requirements of this chapter. (Amended by Stats. 2021, Ch. 205, Sec. 3. (AB 1157) Effective January 1, 2022.)
  60. 2103.1.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    Certain revenues in the Highway Users Tax Account must be transferred or deposited into specified accounts.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2103.1. (a) Notwithstanding subdivision (b) of Section 2103, the portion of revenues in the Highway Users Tax Account attributable to the increases in the motor vehicle fuel excise tax pursuant to subdivision (c) of Section 7360 of the Revenue and Taxation Code, as adjusted pursuant to subdivision (d) of that section, shall be transferred to the Road Maintenance and Rehabilitation Account pursuant to Section 2031. (b) Notwithstanding subdivision (b) of Section 2103, the portion of revenues in the Highway Users Tax Account attributable to the increase in the diesel fuel excise tax pursuant to subdivision (b) of Section 60050 of the Revenue and Taxation Code, as adjusted pursuant to subdivision (c) of that section, shall be transferred as follows: (1) Fifty percent to the Trade Corridors Enhancement Account pursuant to Section 2192.4. (2) Fifty percent to the Road Maintenance and Rehabilitation Account pursuant to Section 2031. (c) Notwithstanding subdivision (b) of Section 2103, the portion of the revenues in the Highway Users Tax Account attributable to the storage taxes imposed pursuant to Sections 7361.2 and 60050.2 of the Revenue and Taxation Code shall be deposited in the Road Maintenance and Rehabilitation Account created pursuant to Section 2031. (Added by Stats. 2017, Ch. 5, Sec. 37. (SB 1) Effective April 28, 2017.)
  61. 2104.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    This section allocates Highway Users Tax Account revenue among counties and requires monthly reporting by the Department of Motor Vehicles.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2104. Notwithstanding Section 13340 of the Government Code, a sum equal to the net revenue derived from 11.3 percent of the per gallon tax under the Motor Vehicle Fuel License Tax Law (Part 2 (commencing with Section 7301) of Division 2), 1.80 cents ($0.0180) under the Use Fuel Tax Law (Part 3 (commencing with Section 8601) of Division 2), and 11.5 percent of the per gallon tax under the Diesel Fuel Tax Law (Part 31 (commencing with Section 60001) of Division 2) of the Revenue and Taxation Code, shall be apportioned among the counties, as follows: (a) Each county shall be paid one thousand six hundred sixty-seven dollars ($1,667) during each calendar month, which amount shall be expended exclusively for engineering costs and administrative expenses with respect to county roads. (b) A sum equal to the total of all reimbursable snow removal or snow grooming, or both, costs filed pursuant to subdivision (d) of Section 2152, or seven million dollars ($7,000,000), whichever is less, shall be apportioned in 12 approximately equal monthly apportionments for snow removal or snow grooming, or both, on county roads, as provided in Section 2110. (c) A sum equal to five hundred thousand dollars ($500,000) shall be apportioned in 12 approximately equal monthly apportionments, as provided in Section 2110.5. (d) (1) Seventy-five percent of the funds payable under this section shall be apportioned among the counties monthly in the respective proportions that the number of fee-paid and exempt vehicles which are registered in each county bears to the total number of fee-paid and exempt vehicles registered in the state. (2) For purposes of apportionment under this subdivision, the Department of Motor Vehicles shall, as soon as possible after the last day of each calendar month, furnish to the Controller a verified statement showing the number of fee-paid and exempt vehicles which are registered in each county and in the state as of the last day of each calendar month as reflected by the records of the Department of Motor Vehicles. (e) Of the remaining money payable, there shall be paid to each eligible county an amount that is computed monthly as follows: The number of miles of maintained county roads in each county shall be multiplied by sixty dollars ($60); from the resultant amount, there shall be deducted the amount received by each county under subdivision (d) and the remainder, if any, shall be paid to each county. (f) The remaining money payable, after the foregoing apportionments, shall be apportioned among the counties in the same proportion as the money referred to in subdivision (d). (g) (1) Transfers of revenues from the Highway Users Tax Account to counties pursuant to this section collected during the months of March, April, May, June, and July of 2008, shall be made with the transfer of August 2008 revenues in September of 2008. This suspension shall not apply to a county with a population of less than 40,000. (2) For the purpose of meeting the cash obligations associated with ongoing budgeted costs, a county may make use of any cash balance in its county road fund, including that resulting from the receipt of funds pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code (hereafter bond act)) for local streets and roads maintenance, during the period of this suspension, without the use of this cash being reflected as an expenditure of bond act funds, provided the cash is replaced once this suspension is repaid in September of 2008. Counties may accrue the revenue received in September 2008 as repayment of these suspensions for the months of April, May, and June of 2008 back to the 2007–08 fiscal year. Nothing in this paragraph shall change the fact that expenditures must be accrued and reflected from the appropriate funding sources for which the moneys were received and meet all the requirements of those funding sources. (h) (1) The transfer of revenues from the Highway Users Tax Account to counties pursuant to this section that are collected during the months of January, February, and March 2009, shall be made with the transfer of April 2009 revenues in May 2009. (2) For the purpose of meeting the cash obligations associated with ongoing budgeted costs, a county may make use of any cash balance in its county road fund, including that resulting from the receipt of funds pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code (bond act)) for local streets and roads maintenance during the period of this suspension, provided the cash is replaced once this suspension is repaid in May of 2009. (3) This subdivision shall not affect any requirement that an expenditure is required to be accrued and reflected from the appropriate funding source for which the money was received and to meet all the requirements of its funding source. (Amended by Stats. 2017, Ch. 5, Sec. 38. (SB 1) Effective April 28, 2017.)
  62. 2104.1.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    The Controller must annually deduct a county-related amount from the Section 2104 apportionment and transfer it to the State Highway Account.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2104.1. Notwithstanding Section 13340 of the Government Code, the Controller shall deduct annually, from the amount apportioned pursuant to Section 2104, the amount identified as applicable to counties in the report submitted in the preceding fiscal year pursuant to Section 191, and shall transfer the amount to the State Highway Account. The transferred amount shall be subject to appropriation pursuant to Section 183 for expenditure in accordance with Section 163. (Amended by Stats. 2012, Ch. 1, Sec. 13. (SB 95) Effective February 3, 2012.)
  63. 2105.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    This section sets formulas for distributing highway tax revenues to counties and cities, and it also delays some 2008 and 2009 transfers with cash-replacement conditions.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2105. Notwithstanding Section 13340 of the Government Code, in addition to the apportionments prescribed by Sections 2104, 2106, and 2107, from the revenues derived from a per gallon tax imposed pursuant to Section 7360 of the Revenue and Taxation Code, and a per gallon tax imposed pursuant to Sections 8651, 8651.5, and 8651.6 of the Revenue and Taxation Code, and a per gallon tax imposed pursuant to Sections 60050 and 60115 of the Revenue and Taxation Code, the following apportionments shall be made: (a) A sum equal to 5.8 percent of the per gallon tax under Section 7360 of the Revenue and Taxation Code, 11.5 percent of any per gallon tax in excess of nine cents ($0.09) per gallon under Sections 8651, 8651.5, and 8651.6 of the Revenue and Taxation Code, and 6.5 percent of the per gallon tax under Sections 60050 and 60115 of the Revenue and Taxation Code, shall be apportioned among the counties, including a city and county. The amount of apportionment to each county, including a city and county, during a fiscal year shall be calculated as follows: (1) One million dollars ($1,000,000) for apportionment to all counties, including a city and county, in proportion to each county’s receipts during the prior fiscal year under Sections 2104 and 2106. (2) One million dollars ($1,000,000) for apportionment to all counties, including a city and county, as follows: (A) Seventy-five percent in the proportion that the number of fee-paid and exempt vehicles which are registered in the county bears to the number of fee-paid and exempt vehicles registered in the state. (B) Twenty-five percent in the proportion that the number of miles of maintained county roads in the county bears to the miles of maintained county roads in the state. (3) For each county, determine its factor which is the higher amount calculated pursuant to paragraph (1) or (2) divided by the sum of the higher amounts for all of the counties. (4) The amount to be apportioned to each county is equal to its factor multiplied by the amount available for apportionment. (b) A sum equal to 5.8 percent of the per gallon tax under Section 7360 of the Revenue and Taxation Code, 11.5 percent of any per gallon tax in excess of nine cents ($0.09) per gallon under Sections 8651, 8651.5, and 8651.6 of the Revenue and Taxation Code, and 6.5 percent of the per gallon tax under Sections 60050 and 60115 of the Revenue and Taxation Code, shall be apportioned to cities, including a city and county, in the proportion that the total population of the city bears to the total population of all the cities in the state. (c) (1) Transfers of revenues from the Highway Users Tax Account to counties or cities pursuant to this section collected during the months of March, April, May, June, and July of 2008, shall be made with the transfer of August 2008 revenues in September of 2008. This suspension shall not apply to a county with a population of less than 40,000. (2) For the purpose of meeting the cash obligations associated with ongoing budgeted costs, a city or county may make use of any cash balance in the city account that is designated for the receipt of state funds allocated for local streets and roads or the county road fund, including that resulting from the receipt of funds pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code (hereafter bond act)) for local streets and roads maintenance, during the period of this suspension, without the use of this cash being reflected as an expenditure of bond act funds, provided the cash is replaced once this suspension is repaid in September of 2008. Counties and cities may accrue the revenue received in September 2008 as repayment of these suspensions for the months of April, May, and June of 2008 back to the 2007–08 fiscal year. Nothing in this paragraph shall change the fact that expenditures must be accrued and reflected from the appropriate funding sources for which the moneys were received and meet all the requirements of those funding sources. (d) (1) The transfer of revenues from the Highway Users Tax Account to counties or cities pursuant to this section collected during the months of January, February, and March 2009 shall be made with the transfer of April 2009 revenues in May 2009. (2) For the purpose of meeting the cash obligations associated with ongoing budgeted costs, a city or county may make use of any cash balance in the city account that is designated for the receipt of state funds allocated for local streets and roads or the county road fund, including that resulting from the receipt of funds pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code (bond act)) for local streets and roads maintenance, during the period of this suspension, and the use of this cash shall not be considered as an expenditure of bond act funds, if the cash is replaced when the payments that are suspended pursuant to this subdivision are repaid in May 2009. (3) This subdivision shall not affect any requirement that an expenditure is required to be accrued and reflected from the appropriate funding source for which the money was received and to meet all the requirements of its funding source. (Amended by Stats. 2017, Ch. 5, Sec. 39. (SB 1) Effective April 28, 2017.)
  64. 2106.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    This section sets out how Highway Users Tax Account money is distributed each month to cities and counties, and requires a separate monthly transfer for the Active Transportation Program.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2106. Notwithstanding Section 13340 of the Government Code, a sum equal to the net revenue derived from 5.8 percent of the per gallon tax under the Motor Vehicle Fuel License Tax Law (Part 2 (commencing with Section 7301) of Division 2 of the Revenue and Taxation Code) shall be apportioned monthly from the Highway Users Tax Account in the Transportation Tax Fund among the counties and cities as follows: (a) Four hundred dollars ($400) per month shall be apportioned to each city and city and county and eight hundred dollars ($800) per month shall be apportioned to each county and city and county. (b) On the last day of each month, the sum of six hundred thousand dollars ($600,000) shall be transferred to the State Highway Account in the State Transportation Fund for the Active Transportation Program pursuant to Chapter 8 (commencing with Section 2380). For each month in the 2013–14 fiscal year that has passed prior to the enactment of the bill adding this sentence, six hundred thousand dollars ($600,000) shall be immediately transferred from the Bicycle Transportation Account to the State Highway Account in the State Transportation Fund for the Active Transportation Program, less any amount already expended for that program from the Bicycle Transportation Account during the 2013–14 fiscal year. (c) The balance shall be apportioned, as follows: (1) A base sum shall be computed for each county by using the same proportions of fee-paid and exempt vehicles as are established for purposes of apportionment of funds under subdivision (d) of Section 2104. (2) For each county, the percentage of the total assessed valuation of tangible property subject to local tax levies within the county which is represented by the assessed valuation of tangible property outside the incorporated cities of the county shall be applied to its base sum, and the resulting amount shall be apportioned to the county. The assessed valuation of taxable tangible property, for purposes of this computation, shall be that most recently used for countywide tax levies as reported to the Controller by the State Board of Equalization. If an incorporation or annexation is legally completed following the base sum computation, the new city’s assessed valuation shall be deducted from the county’s assessed valuation, the estimate of which may be provided by the State Board of Equalization. (3) The difference between the base sum for each county and the amount apportioned to the county shall be apportioned to the cities of that county in the proportion that the population of each city bears to the total population of all the cities in the county. Populations used for determining apportionment of money under Section 2107 are to be used for purposes of this section. (d) (1) Transfers of revenues from the Highway Users Tax Account to counties or cities pursuant to this section collected during the months of March, April, May, June, and July of 2008, shall be made with the transfer of August 2008 revenues in September of 2008. This suspension shall not apply to a county with a population of less than 40,000. (2) For the purpose of meeting the cash obligations associated with ongoing budgeted costs, a city or county may make use of any cash balance in the city account that is designated for the receipt of state funds allocated for local streets and roads or the county road fund, including that resulting from the receipt of funds pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code (hereafter bond act)) for local streets and roads maintenance, during the period of this suspension, without the use of this cash being reflected as an expenditure of bond act funds, provided the cash is replaced once this suspension is repaid in September of 2008. Counties and cities may accrue the revenue received in September 2008 as repayment of these suspensions for the months of April, May, and June of 2008 back to the 2007–08 fiscal year. Nothing in this paragraph shall change the fact that expenditures must be accrued and reflected from the appropriate funding sources for which the moneys were received and meet all the requirements of those funding sources. (e) (1) The transfer of revenues from the Highway Users Tax Account to counties or cities pursuant to this section collected during the months of January, February, and March 2009, shall be made with the transfer of April 2009 revenues in May 2009. (2) For the purpose of meeting the cash obligations associated with ongoing budgeted costs, a city or county may make use of any cash balance in the city account that is designated for the receipt of state funds allocated for local streets and roads or the county road fund, including that resulting from the receipt of funds pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code (bond act)) for local streets and roads maintenance, during the period of this suspension, and the use of this cash shall not be considered as an expenditure of bond act funds, if the cash is replaced when the payments that are suspended pursuant to this subdivision are repaid in May 2009. (3) This subdivision shall not affect any requirement that an expenditure is required to be accrued and reflected from the appropriate funding source for which the money was received and to meet all the requirements of its funding source. (Amended by Stats. 2017, Ch. 20, Sec. 19. (AB 115) Effective June 27, 2017.)
  65. 2106.3.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    If Los Angeles County chooses to allocate certain highway revenues to cities, it must distribute them to each city using two equally weighted factors: population and street mileage.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2106.3. If Los Angeles County elects to allocate any portion of the revenues it receives pursuant to Section 2104 or 2106 to the cities within the county under any program in which those revenues are allocated to at least 70 percent of the cities, it shall make allocations to each city within the county based on the two following equally weighted factors: (1) The population of the city to the total population of all the cities in the county. (2) The city street mileage to the total street mileage of all the cities in the county, as determined from the county master plan. (Added by Stats. 1981, Ch. 575, Sec. 1.)
  66. 2106.4.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    Los Angeles County must start making annual transfers to the Los Angeles County Metropolitan Transportation Authority from specified county transportation funds, using a formula tied to amounts above $50 million.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2106.4. From funds apportioned to the County of Los Angeles pursuant to Sections 2104, 2105, and 2106, or from other transportation funds available to the county, or from any combination of those funds, as determined by the county, the county shall, beginning in the 1996–97 fiscal year, commence the annual transfer to the Los Angeles County Metropolitan Transportation Authority of funds in an amount calculated to amortize, in equal annual installments over a 5-year period, the amount by which fiscal realignment revenues deposited in the county general fund exceed fifty million dollars ($50,000,000). The highest priority for the use of the remaining funds apportioned to the county pursuant to this chapter shall be for safety and for maintenance of county facilities in urban areas with the highest backlog of maintenance and rehabilitation needs. (Added by Stats. 1995, Ch. 518, Sec. 5. Effective January 1, 1996.)
  67. 2106.5.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    Counties and incorporated cities may make certain apportionment agreements, and those agreements must be filed with the State Controller.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2106.5. (a) Each county and any of its incorporated cities may enter into an agreement regarding the base sum established by paragraph (1) of subdivision (c) of Section 2106, providing for expenditure of the amounts apportioned to the county and apportioned for expenditure within the cities participating in the agreement upon road and streets within the county and the cities participating in the agreement. (b) Any of the incorporated cities within a county may enter into an agreement among themselves regarding the amount apportioned to them pursuant to paragraph (3) of subdivision (c) of Section 2106 for expenditure upon city streets within the cities participating in the agreement. (c) Any such agreement shall be filed with the State Controller. After verification of the agreement by the State Controller, the State Controller shall make disposition of the apportionments to the parties participating in the agreement in accordance with terms of the agreement. (Amended by Stats. 1977, Ch. 865.)
  68. 2106.6.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

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    The Sacramento County Board of Supervisors may allocate up to $700,000 for a soundwall project near Walerga Park and State Route 80.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2106.6. The Sacramento County Board of Supervisors may allocate up to seven hundred thousand dollars ($700,000) from revenues apportioned to Sacramento County pursuant to Sections 2103, 2104, 2105, and 2106, or from other transportation funds available to the county, or from any combination of those funds, for the purpose of building a soundwall in and around the Walerga Park area adjacent to State Route 80 in Sacramento County. (Added by Stats. 2015, Ch. 12, Sec. 13. (AB 95) Effective June 24, 2015.)
  69. 2107.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    This section directs how Highway Users Tax Account revenues are distributed to cities and cities and counties, and lets cities temporarily use certain account cash during suspensions if it is later replaced.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2107. (a) Notwithstanding Section 13340 of the Government Code, a sum equal to the net revenues derived from 7.3 percent of the per gallon tax under the Motor Vehicle Fuel License Tax Law (Part 2 (commencing with Section 7301) of Division 2), 2.59 cents ($0.0259) under the Use Fuel Tax Law (Part 3 (commencing with Section 8601) of Division 2), and 11.5 percent under the Diesel Fuel Tax Law (Part 31 (commencing with Section 60001) of Division 2) of the Revenue and Taxation Code, shall be apportioned monthly to the cities and cities and counties of this state from the Highway Users Tax Account in the Transportation Tax Fund as provided in this section. (b) From the sum determined pursuant to subdivision (a), the Controller shall allocate annually to each city that has filed a report containing the information prescribed by subdivision (c) of Section 2152, and that had expenditures in excess of five thousand dollars ($5,000) during the preceding fiscal year for snow removal, an amount equal to one-half of the amount of its expenditures for snow removal in excess of five thousand dollars ($5,000) during that fiscal year. (c) The balance of the sum determined pursuant to subdivision (a) from the Highway Users Tax Account shall be allocated to each city, including city and county, in the proportion that the total population of the city bears to the total population of all the cities in this state. (d) (1) For the purpose of this section, except as otherwise provided in paragraph (2), the population in each city is the population determined for that city in the manner specified in Section 11005.3 of the Revenue and Taxation Code. (2) Commencing with the ninth fiscal year of a city described in subdivision (a) of Section 11005.3 of the Revenue and Taxation Code, the sixth fiscal year of a city described in subdivision (b) of Section 11005.3 of the Revenue and Taxation Code, and the 61st month of the city described in subdivision (c) of Section 11005.3 of the Revenue and Taxation Code, the population in each city is the actual population of that city, as defined in subdivision (e) of Section 11005.3 of the Revenue and Taxation Code. (e) (1) Transfers of revenues from the Highway Users Tax Account to cities pursuant to this section collected during the months of March, April, May, June, and July of 2008, shall be made with the transfer of August 2008 revenues in September of 2008. (2) For the purpose of meeting the cash obligations associated with ongoing budgeted costs, a city may make use of any cash balance in the city account that is designated for the receipt of state funds allocated for local streets and roads, including that resulting from the receipt of funds pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code (hereafter bond act)) for local streets and roads maintenance, during the period of this suspension, without the use of this cash being reflected as an expenditure of bond act funds, provided the cash is replaced once this suspension is repaid in September of 2008. Cities may accrue the revenue received in September 2008 as repayment of these suspensions for the months of April, May, and June of 2008 back to the 2007–08 fiscal year. Nothing in this paragraph shall change the fact that expenditures must be accrued and reflected from the appropriate funding sources for which the moneys were received and meet all the requirements of those funding sources. (f) (1) A transfer of revenues from the Highway Users Tax Account to cities pursuant to this section collected during the months of January, February, and March 2009, shall be made with the transfer of April 2009 revenues in May 2009. (2) For the purpose of meeting the cash obligations associated with ongoing budgeted costs, a city may make use of any cash balance in the city account that is designated for the receipt of state funds allocated for local streets and roads, including that resulting from the receipt of funds pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code (bond act)) for local streets and roads maintenance, during the period of this suspension, and the use of this cash shall not be reflected as an expenditure of bond act funds, if the cash is replaced once this suspension is repaid in May 2009. (3) This subdivision shall not affect any requirement that an expenditure is required to be accrued and reflected from the appropriate funding sources for which the moneys were received and to meet all the requirements of those funding sources. (Amended by Stats. 2017, Ch. 5, Sec. 41. (SB 1) Effective April 28, 2017.)
  70. 2107.1.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    Cities and city and counties may ask the U.S. Bureau of Census to determine population, may file the certified determination with the Controller, and must pay the determination cost if they apply.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2107.1. Any city or city and county may apply to the United States Bureau of Census to determine its population. Upon receipt from the bureau of its determination of population, the city or city and county may, at its option, file a certified copy of the determination with the Controller. All apportionments made under Section 2107 and all payments under Section 11005 of the Revenue and Taxation Code for any apportionment made beginning with the month following the filing of the determination shall be based upon the population so determined until such time as a subsequent determination is made by the bureau and a certified copy is filed by the city or city and county with the Controller or a certified copy of a subsequent estimate or census result validated by the Department of Finance is filed with the Controller as provided in Section 2107.2. For the purposes of this section, a written or telegraphic certification from the Director of the Census to the Controller of the determination of population may be accepted by the Controller in lieu of the filing by the city or city and county of the certified copy of the determination. The cost of any determination by the United States Bureau of Census or by the Department of Finance is a proper charge against the city or city and county applying therefor and shall be paid by it to the bureau or to the department. This section does not apply to counties. (Amended by Stats. 1975, Ch. 1186.)
  71. 2107.10.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    If a large county did not file the specified resolution in 1981–82, the county’s increased highway allocation is instead distributed to cities in that county that did file the resolution.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2107.10. If the board of supervisors of a county with a population of more than 6,000,000 did not adopt and submit a resolution pursuant to Section 41 of the act enacting this section during the 1981–82 Regular Session of the Legislature, the increase in allocation for the county as a result of Section 2104, as amended and added by that act, shall instead be allocated to those cities in that county that adopted and submitted resolutions pursuant to Section 41. The allocation shall be on the basis of the population used for purposes of Section 2107. (Added by Stats. 1981, Ch. 541, Sec. 23. Effective September 17, 1981.)
  72. 2107.2.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    Cities and city and counties may ask the Department of Finance to estimate population, and the department may make or improve the estimate if it has enough information.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2107.2. Any city or city and county may apply to the Demographic Research Unit of the Department of Finance to estimate its population or the population of any inhabited territory annexed to the city subsequent to the last federal or state census validated by the Demographic Research Unit of the Department of Finance. The department may make the estimate if in the opinion of the department there is available adequate information upon which to base the estimate. The department may develop or contract for the development of additional information if, in the opinion of the department, additional information may make an estimate feasible. Not less than 25 days nor more than 30 days after the completion of the estimate, the Department of Finance shall file a certified copy thereof with the Controller if the estimate is greater than the current certified population. All apportionments under Section 2107 and all payments under Section 11005 of the Revenue and Taxation Code for any apportionment made beginning with the month following the filing of the estimate shall be based upon the population so estimated until a subsequent estimate is made by the department and a certified copy is filed with the Controller or a subsequent determination is made by the United States Bureau of the Census and a certified copy is filed by the city or city and county with the Controller as provided in Section 2107.1. The Department of Finance may assess a reasonable charge, not to exceed the actual cost thereof, for the preparation of population estimates pursuant to this section, which is a proper charge against the city or city and county applying therefor. The amount received shall be deposited in the State Treasury as a reimbursement to be credited to the appropriation from which the expenditure is made. No more than one estimate of its total population shall be filed each fiscal year for each city or city and county. As of May 1, 1988, any population estimate prepared by the Department of Finance pursuant to Section 2227 of the Revenue and Taxation Code may be used for all purposes of this section unless a written request not to certify is received by the department from the city or city and county within 25 days of completion of the estimate. (Amended by Stats. 2019, Ch. 29, Sec. 140. (SB 82) Effective June 27, 2019.)
  73. 2107.3.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    Cities and related population changes must be taken into account when Highway Users Tax Fund revenue is apportioned, and the Controller does not have to redo earlier apportionments because of later boundary changes.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2107.3. The incorporation of a new city, or any annexation or exclusion of territory to or from an existing city, shall be considered for the purpose of apportionment of funds pursuant to Section 2107. The revenue shall be apportioned among the cities monthly as revenues are received in the Highway Users Tax Fund. Any newly incorporated city or any increase in population due to annexation shall be included in the monthly apportionment following such incorporation or annexation. In the event of the disincorporation of a city, or in the event the incorporation of a city is adjudged invalid, any funds apportioned pursuant to Section 2107 to such city, but which are unexpended, shall revert to the Highway Users Tax Fund and shall be reapportioned to all other cities and cities and counties pursuant to Section 2107. The Controller shall not be required to reapportion funds previously apportioned for expenditure in the different cities of the state by reason of any subsequent incorporation, invalidation of incorporation, annexation or exclusion of territory. (Added by renumbering Section 205 by Stats. 1967, Ch. 1621.)
  74. 2107.4.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    A city or county may use no more than one-quarter of certain Highway Users Tax Account funds for bond principal and interest payments, and the bonds’ term may not exceed 25 years.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2107.4. Not more than one-quarter of the funds allocated to a city or county from the Highway Users Tax Account in the Transportation Tax Fund for the construction of streets therein may be used to make principal and interest payments on bonds issued for such construction, if the issuance of such bonds is authorized by a proposition approved by a majority of the votes cast thereon. The term of any such bonds shall not exceed 25 years. (Amended by Stats. 1980, Ch. 777, Sec. 82.)
  75. 2107.5.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    This section sets annual July allocations of Highway Users Tax Fund money to cities based on population, limited to engineering costs and administrative expenses for city streets.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2107.5. Notwithstanding Section 13340 of the Government Code, in addition to the amounts apportioned to cities from the Highway Users Tax Fund under Sections 2106 and 2107, the following amounts shall be allocated annually during the month of July of each fiscal year for expenditure exclusively for engineering costs and administrative expenses in respect to city streets: (a) For each city with a population of over 500,000 inhabitants ........................ $20,000 (b) For each city with a population of 100,000 to 500,000 inhabitants ........................ 10,000 (c) For each city with a population of 50,000 to 99,999 inhabitants ........................ 7,500 (d) For each city with a population of 25,000 to 49,999 inhabitants ........................ 6,000 (e) For each city with a population of 20,000 to 24,999 inhabitants ........................ 5,000 (f) For each city with a population of 15,000 to 19,999 inhabitants ........................ 4,000 (g) For each city with a population of 10,000 to 14,999 inhabitants ........................ 3,000 (h) For each city with a population of 5,000 to 9,999 inhabitants ........................ 2,000 (i) For each city with a population of less than 5,000 inhabitants ........................ 1,000 For the purpose of this section the population in each city shall be determined in accordance with Sections 2107, 2107.1, and 2107.2 at the time of allocation. Any city incorporated after the first day of July of any year shall receive the full annual allocation prescribed in this section, such allocation to be made during the month succeeding the filing or certification of the incorporation by the Secretary of State. Any city under subdivision (h) or (i) above may expend the moneys allocated to it hereunder for acquisition of rights-of-way for and construction of its street system. Transfers of revenues from the Highway Users Tax Account to cities pursuant to this section that are to be allocated during the month of July 2008, shall be made in September of 2008. For the purpose of meeting the cash obligations associated with ongoing budgeted costs, a city may make use of any cash balance in the city account that is designated for the receipt of state funds allocated for local streets and roads, including that resulting from the receipt of funds pursuant to the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 (Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2 of the Government Code (hereafter bond act)) for local streets and roads maintenance, during the period of this suspension, without the use of this cash being reflected as an expenditure of bond act funds, provided the cash is replaced once this suspension is repaid in September of 2008. Nothing in this paragraph shall change the fact that expenditures must be accrued and reflected from the appropriate funding sources for which the moneys were received and meet all the requirements of those funding sources. (Amended by Stats. 2012, Ch. 1, Sec. 17. (SB 95) Effective February 3, 2012.)
  76. 2107.6.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    The Controller must deduct a specified annual amount from Highway Users Tax Account apportionments and transfer it to the State Highway Account.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2107.6. Notwithstanding Section 13340 of the Government Code, the Controller shall deduct annually, from the amount apportioned pursuant to Section 2107, the amount identified as applicable to cities in the report submitted in the preceding fiscal year pursuant to Section 191, and shall transfer the amount to the State Highway Account. The transferred amount shall be subject to appropriation pursuant to Section 183 for expenditure in accordance with Section 163. (Amended by Stats. 2012, Ch. 1, Sec. 18. (SB 95) Effective February 3, 2012.)
  77. 2107.7.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    Each fiscal year, the Governor’s budget bill must include up to $12 million for appropriation from the Highway Users Tax Account to the State Parks and Recreation Fund.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2107.7. (a) For each fiscal year, there shall be included in the annual Budget Bill submitted by the Governor an amount not to exceed twelve million dollars ($12,000,000) to be appropriated by the Legislature from the Highway Users Tax Account in the Transportation Tax Fund to the State Parks and Recreation Fund. (b) These funds shall be appropriated to the Department of Parks and Recreation for the maintenance and repair of highways in units of the state park system. (c) In addition, the money may be used by the Department of Parks and Recreation for construction and improvement on the highways when appropriated for such purposes by the Legislature. (d) The highway construction and improvement shall be designed in accordance with the standards established by the Department of Parks and Recreation for state park roads, and may be carried out through service agreements with the Department of Transportation. (e) Any increase in the amount of this appropriation shall be considered in the course of the annual budget process, which shall include review and comment by the Department of Transportation. (f) For purposes of this section, highways in units of the state park system shall include those routes of motor vehicle travel generally open to public travel and service roads, parking areas, and roads within campgrounds. Nothing in this section shall constitute the highway as a state highway or add it to the state highway system. (Amended by Stats. 2025, Ch. 14, Sec. 9. (SB 124) Effective June 27, 2025.)
  78. 2107.9.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    The Legislature says counties and cities should use the extra funds for transportation purposes to add to existing local transportation funding.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2107.9. The Legislature finds and declares that it intends counties and cities to use the additional funds provided them by the act enacting this section during the 1980–81 Regular Session of the Legislature to supplement existing local revenues being used for transportation purposes. Counties and cities are further encouraged to maintain their existing commitment of local funds for transportation purposes. (Added by Stats. 1981, Ch. 541, Sec. 22. Effective September 17, 1981.)
  79. 2108.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    The remaining balance in the Highway Users Tax Account must be transferred to the State Highway Account after the listed apportionments or appropriations are made.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2108. Notwithstanding Section 13340 of the Government Code, the balance of the money in the Highway Users Tax Account in the Transportation Tax Fund, after making the apportionments or appropriations, as the case may be, pursuant to Sections 2104 to 2107.7, inclusive, shall be transferred to the State Highway Account in the State Transportation Fund and shall be subject to appropriation pursuant to Section 183 for expenditure in accordance with Section 163. (Amended by Stats. 2012, Ch. 1, Sec. 19. (SB 95) Effective February 3, 2012.)
  80. 2108.1.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    The City, County, State Cooperation Committee must adopt a pavement management program by July 1, 1990.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2108.1. By July 1, 1990, the City, County, State Cooperation Committee in the deparment shall develop and adopt a pavement management program to be utilized on local streets or highways that receive funding under the state transportation improvement program. The pavement management program shall be transmitted to every county and city for possible adoption or incorporation into an existing pavement management program. The City, County, State Cooperation Committee shall solicit recommendations from transportation planning agencies and any other entity the committee deems appropriate. (Added by Stats. 1989, Ch. 106, Sec. 20. Effective July 10, 1989.)
  81. 2109.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    The department does not have to maintain routes added after January 1, 1947, until they have been laid out and built as state highways.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2109. State highways shall be maintained, constructed, and improved out of the moneys received in the State Highway Account under Section 2108. Notwithstanding Section 81, the department is not required to maintain any route, or portion of a route, added after January 1, 1947, until it has been laid out and constructed as a state highway. (Amended by Stats. 1980, Ch. 777, Sec. 83.)
  82. 2110.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    The Controller must apportion certain highway account money to counties each month and must notify each county of its apportionment by March 1 each year.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2110. (a) Notwithstanding Section 13340 of the Government Code, the moneys payable to the counties under subdivision (b) of Section 2104 shall be apportioned monthly among the several counties as follows: (1) A sum equal to the total of all reimbursable snow removal costs filed pursuant to subdivision (d) of Section 2152, or seven million dollars ($7,000,000), whichever is less, shall be apportioned in 12 approximately equal monthly apportionments for snow removal or snow grooming, or both, on county roads as follows: (2) If the total is less than seven million dollars ($7,000,000), the full amount of reimbursable snow removal or snow grooming, or both, costs shall be apportioned to the several counties in an amount equal to that computed pursuant to the report filed by each county pursuant to subdivision (d) of Section 2152. (3) If the total is seven million dollars ($7,000,000) or more for the fiscal year, the Controller shall compute percentages for the apportionment of seven million dollars ($7,000,000) to the several counties in the state for snow removal or snow grooming, or both, on county roads, including the purchase of snow removal equipment therefor, and shall apportion the amount to the counties in the computed percentages. The percentage each county is to be apportioned during the fiscal year shall be derived by adding its reimbursable snow removal or snow grooming, or both, expenditures for the three preceding fiscal years as to which the Controller has received snow removal or snow grooming, or both, expenditure reports pursuant to Section 2152, and dividing the sum by the total amount of reimbursable snow removal or snow grooming, or both, expenditures by all counties in the state during those fiscal years. (b) On or before the first day of March of each year, the Controller shall notify each county of the amount apportioned to it pursuant to this section for expenditure for snow removal or snow grooming, or both, on county roads during the following fiscal year. (Amended by Stats. 2012, Ch. 1, Sec. 20. (SB 95) Effective February 3, 2012.)
  83. 2110.5.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    Money payable to counties under Section 2104(c) must be apportioned monthly for heavy rainfall and storm damage on county roads to listed counties in specified percentages.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2110.5. Notwithstanding Section 13340 of the Government Code, the money payable to the counties under subdivision (c) of Section 2104 shall be apportioned monthly for heavy rainfall and storm damage on county roads to the following counties in the named percentages: Alameda ........................ 2.629 Amador ........................ .135 Butte ........................ .161 Colusa ........................ .339 Contra Costa ........................ 10.575 Del Norte ........................ .251 Fresno ........................ .639 Humboldt ........................ 4.935 Los Angeles ........................ 9.913 Marin ........................ 3.781 Mendocino ........................ 2.084 Monterey ........................ 3.701 Napa ........................ 1.950 Nevada ........................ .718 Orange ........................ .051 Placer ........................ .085 Plumas ........................ .897 Riverside ........................ 1.185 San Benito ........................ 1.070 San Bernardino ........................ 2.609 San Francisco ........................ 1.016 San Diego ........................ 2.760 San Luis Obispo ........................ 5.782 Santa Barbara ........................ 7.661 Santa Cruz ........................ 12.162 Sierra ........................ .333 Siskiyou ........................ .814 Sonoma ........................ 10.238 Trinity ........................ 2.137 Ventura ........................ 8.543 Yuba ........................ .846 (Amended by Stats. 2012, Ch. 1, Sec. 21. (SB 95) Effective February 3, 2012.)
  84. 2111.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    Certain Highway Users Tax Fund apportionments may not be made to an incorporated city unless its streets are public streets or it has held a municipal officers election within the last 10 years.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2111. Apportionments from the Highway Users Tax Fund shall not be made to any incorporated city the streets of which are not public streets or which has not held an election of municipal officers within a period of 10 years preceding the date of such apportionment. Apportionments heretofore accumulated for expenditure within any such city shall be reapportioned to all other cities and cities and counties in the manner provided by Sections 2106 and 2107, respectively. (Amended by Stats. 1968, Ch. 1060.)
  85. 2112.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    Money from the Highway Users Tax Fund may not be used for highway or street construction or improvement when the contract requires patented or proprietary paving material, unless the project is awarded to the lowest responsible bidder after alternate bids are invited for nonpatented or nonproprietary material.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2112. No money apportioned from the Highway Users Tax Fund as provided in Section 2106 or 2107 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 was 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 renumbering Section 195.5 by Stats. 1967, Ch. 1621.)
  86. 2113.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    A city must create a special gas tax street fund by ordinance before receiving Highway Users Tax Account money, deposit those funds and any related interest into that fund, and use the interest for street purposes.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2113. (a) An apportionment of money from the Highway Users Tax Account shall not be made to a city unless the city has set up, by ordinance, a special gas tax street fund. (b) All amounts paid to each city out of the Highway Users Tax Account shall be deposited in its special gas tax street fund. (c) In making any expenditure, a city shall follow the law governing it in regard to the doing of the particular type of work in cases that are not exclusively municipal affairs. (d) A state officer or employee shall not be liable for anything done, or omitted to be done, by a city in the performance of any work. (e) Interest received by a city from the investment of money in its special gas tax street fund shall be deposited in the fund and shall be used for street purposes. (Amended by Stats. 2019, Ch. 643, Sec. 3. (SB 358) Effective January 1, 2020.)
  87. 2113.5.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    Any city may use contracts for its engineering and administrative work on city streets. Two or more cities may also act together by agreement if their legislative bodies authorize it.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2113.5. Any city may have any or all of its engineering and administrative work with respect to city streets done by contract. If authorized by their legislative bodies, two or more cities, by agreement, may jointly exercise the power granted by this section pursuant to the provisions of Sections 6500-6513, inclusive, of the Government Code. (Added by renumbering Section 197.5 by Stats. 1967, Ch. 1621.)
  88. 2114.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    Contracts for city street construction or improvement projects funded from the Highway Users Tax Fund may be awarded starting on January 1 before the fiscal year begins.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2114. Contracts for any construction and improvement projects on city streets for which funds apportioned from the Highway Users Tax Fund as provided in Section 2106 or 2107 may be expended during any fiscal year may be awarded on and after the first day of January preceding the beginning of the fiscal year. (Added by renumbering Section 197.8 by Stats. 1967, Ch. 1621.)
  89. 2114.5.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    If money is taken or borrowed from the Highway Users Tax Fund for the General Fund, the Controller may reduce payments from that fund proportionately.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2114.5. In the event that any sums are taken or borrowed from the Highway Users Tax Fund, to augment the General Fund, or to pay any appropriations made from the General Fund, the Controller is authorized to reduce the amounts paid from such reduced fund proportionately to the reduction in such fund, such reductions to be made up when and if such reduced fund is reimbursed from the General Fund. (Added by renumbering Section 198 by Stats. 1967, Ch. 1621.)
  90. 2115.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    A county or city legislative body may let the Controller hold Highway Users Tax Fund money over time for major cooperative street or highway projects.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2115. To permit the accomplishment of major cooperative street or highway projects in their entirety, the legislative body of a county or city may authorize the Controller to accumulate moneys accruing to the county or city over a period of time from the Highway Users Tax Fund pursuant to Section 2106 or 2107. (Added by renumbering Section 200 by Stats. 1967, Ch. 1621.)
  91. 2116.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    Any city may contract with the department for street work and may transfer available street-purpose money to the department for deposit in the State Treasury.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2116. Any city may contract with the department for the performance by the department of any or all street work in such city and for such purpose may transfer to the department, for deposit in the State Treasury, any moneys available for expenditure by such city for street purposes. (Added by renumbering Section 202 by Stats. 1967, Ch. 1621.)
  92. 2117.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    The State Allocation Board must review certain school-related street or road requirements and recommend a construction plan; a city or county must pay any extra cost if it պահանջes a higher or different plan, and certain apportioned highway funds may be used for the street or road construction.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2117. (a) Whenever a school district constructs a school building for which any apportionment is made pursuant to Chapter 4 (commencing with Section 15700) or Chapter 6 (commencing with Section 16000) of Part 10 of the Education Code, and the city or county in which the school building is situated requires the construction of any street or road connected with the school premises on which the school building is constructed, the State Allocation Board shall review the requirement and recommend to the governing body of the city or county a plan of construction adequate to meet the needs of the school district and the safety of the public. If a different plan of improvement or improvement to higher standards than that recommended by the State Allocation Board is required by the governing body of the city or county, the additional cost thereof shall be borne by the city or county in which the school building is situated. Notwithstanding any other provision of this code or any other law limiting the purposes for which money apportioned to cities or counties from the Highway Users Tax Account in the Transportation Tax Fund may be expended, any of the moneys so apportioned may be expended for the construction of the streets or roads referred to in this section. (b) Nothing in this section requires each cost item included in any charge made pursuant to this section to be separately stated. (Amended by Stats. 2006, Ch. 538, Sec. 640. Effective January 1, 2007.)
  93. 2118.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    The State Controller may require a county or city to keep Highway Users Tax Fund money in a separate bank account.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2118. When the State Controller determines it to be necessary, he may require a county or city to deposit money received from the Highway Users Tax Fund in a separate bank account. (Added by Stats. 1968, Ch. 1060.)
  94. 2118.5.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    Certain crossing-guard costs may be charged to Highway Users Tax Account funds, subject to a cap; the department may help local agencies establish warrants for crossing guard protection.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2118.5. All or a portion of the cost of furnishing warranted traffic control personnel whose function is to assist students in crossing streets and highways and avoiding traffic hazards may be charged against money apportioned to cities, cities and counties, or counties from the Highway Users Tax Account in the Transportation Tax Fund. The amount charged shall not exceed the portion of money derived from the tax under the Motor Vehicle Account in the State Transportation Fund. The department may assist local agencies in establishing warrants for crossing guard protection. (Amended by Stats. 1982, Ch. 681, Sec. 71.)
  95. 2119.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    The State Controller may not issue a warrant from the Highway Users Tax Fund to a county or city that has not met the section’s requirements.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2119. The State Controller shall not draw his warrant upon the Highway Users Tax Fund in favor of any county or city which has failed to establish any road or street fund as required by law, which has failed to deposit money received from the Highway Users Tax Fund in a separate bank account when required under Section 2118, which has failed, neglected or refused to file any report required by law, showing the amount of money received by such county or city from the Highway Users Tax Fund and the disposition thereof, or which has failed, neglected, or refused to restore any such moneys not expended in conformance with any law or constitutional provision. On satisfactory proof by such county or city to the State Controller of the establishment of such road or street fund, the depositing of money in a separate bank account, the filing of such report, or the restoration of the improperly expended moneys, such warrant shall be issued. A county or city shall have a reasonable time, after notification from the State Controller, to comply with the provisions of this section. (Amended by Stats. 1968, Ch. 1060.)
  96. 2120.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    If a county board of supervisors asks, the Controller may deduct a specified amount from that county’s apportionment and pay it to a state department for requested services.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2120. Upon the request of the board of supervisors of any county, the Controller may deduct from the apportionment to such county any amount specified in such request and pay the amount to any state department for services to be furnished in accordance with the request. (Added by Stats. 1947, 1st Ex. Sess., Ch. 11.)
  97. 2121.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    Counties must report highway mileage changes each May, and the department must review and certify mileage figures to the Controller.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2121. (a) In May of each year each county shall submit to the department any additions or exclusions from its mileage of maintained county highways, specifying the termini and mileage of each route added or excluded from its county maintained roads. The department shall either approve or disapprove each inclusion or exclusion. A county may appeal any disapproval as provided in Section 74. The department shall certify county mileage figures to the Controller, as required. No appeal shall affect any apportionment made by the Controller pending the determination of the appeal. If, on appeal, additional mileage is allowed the county, the department shall immediately certify the corrected figure to the Controller, and the same shall be used for subsequent apportionments. (b) Upon relinquishing any state highway or portion thereof to a county, the department shall immediately certify to the Controller the mileage so relinquished and the same shall immediately be added to the county’s maintained mileage of county roads for purposes of subsequent apportionments. (Amended by Stats. 2001, Ch. 597, Sec. 25. Effective January 1, 2002.)
  98. 2122.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    Contracts for certain county highway construction or improvement projects may be awarded starting March 1 before the fiscal year begins, if Highway Users Tax Fund money is expected to be available.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2122. Contracts for any construction and improvement projects on county highways for which it is anticipated funds from the Highway Users Tax Fund will be available during any fiscal year may be awarded on and after the first day of March preceding the beginning of the fiscal year. (Added by Stats. 1957, Ch. 204.)
  99. 2126.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    Funds for Item 9675-101-890 are appropriated to the Controller for allocation to counties and cities, and the Controller must distribute them within 30 days after they become available to the state.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2126. (a) The money appropriated pursuant to Item 9675-101-890 of the Budget Act of 1985 (Chapter 111 of the Statutes of 1985) is hereby appropriated to the Controller for allocation to counties and cities for street and highway maintenance and reconstruction, 55 percent to the cities for allocation pursuant to subdivision (b) and 45 percent to the counties for allocation pursuant to subdivision (c). (b) (1) The amount to be allocated to a city, including a city and county, equals the amount available for allocation to the cities pursuant to subdivision (a) times the ratio of the total allocation it received pursuant to Section 2107 over all allocations made pursuant to that section during the prior fiscal year. (2) In the case of a city whose incorporation was effective between July 1, 1984, and October 2, 1986, inclusive, and which did not receive the equivalent of a full year allocation of funds appropriated for allocation pursuant to subdivision (a) of Section 7 of Chapter 1600 of the Statutes of 1985 or pursuant to subdivision (a) of this section, the amount calculated for allocation pursuant to subdivision (b) of that Section 7 shall be increased by an amount which will provide the city an amount equivalent to the total allocation it would have received pursuant to subdivisions (a) and (b) of that Section 7 and subdivision (a) of this section. (c) Fifty-five percent of the funds payable under this section to counties, including a city and county, shall be apportioned among the counties in the proportion that the number of fee-paid and exempt vehicles registered in each county bears to the total number of fee-paid and exempt vehicles which are registered in the state. Forty-five percent of the funds payable under this section to counties, including a city and county, shall be apportioned among the counties in the proportion that the number of miles of maintained county roads in each county bears to the total number of miles of maintained county roads in the state. (d) For purposes of this section: (1) “Maintenance” means (A) patching and (B) overlay and sealing. (2) “Reconstruction” does not include widening to increase the traffic capacity of a street or highway, but does include any widening of the roadway if the widening is necessary to bring the roadway width to the desirable minimum width consistent with the geometric design criteria of the department for nonfreeway 3R (reconstruction, resurfacing, and rehabilitation) projects. (e) The Controller shall allocate the funds available for that Item 9675-101-890 within 30 days after they become available to the state. (Amended by Stats. 1986, Ch. 963, Sec. 1. Effective September 22, 1986.)
  100. 2127.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. )

    Verify source ↗

    Cities and counties receiving certain highway funds must spend at least the required amount on local street and highway maintenance and reconstruction, unless they qualify for a stated election or population-based exception.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 3. Highway Users Tax Account [2100 - 2127] ( Heading of Chapter 3 amended by Stats. 2013, Ch. 359, Sec. 12. ) ## 2127. (a) (1) Except in the case of a city or county which has made an election pursuant to paragraph (2) or (3) of this subdivision, in order to receive any allocation pursuant to Section 2126 or Section 7 of Chapter 1600 of the Statutes of 1985, the city or county, as the case may be, shall expend for the maintenance and reconstruction, as defined in subdivision (d) of Section 2126, of its local street and highway system during the fiscal year that it receives an allocation pursuant to Section 2126 or that Section 7 not less than its base year expenditure, excluding the allocation received pursuant to Section 2126 or that Section 7, or both, during the fiscal year. (2) A city or county may elect to expend during the two fiscal years that it receives an allocation, a total amount which is not less than twice the amount of its base year expenditure. (3) A city may elect to expend, during the two fiscal years that it receives an allocation and the following fiscal year, a total amount which is not less than three times the amount of its base year expenditure. This paragraph applies only to the Cities of Bakersfield, El Segundo, Novato, Oceanside, San Mateo, San Rafael, Santa Maria, Seal Beach, and Westminster. For the purposes of this paragraph, either actual expenditures or funds encumbered by contractual obligations in the 1987–88 fiscal year shall qualify as expenditures in the year after allocations are received. (4) Any city, except the Cities of Bakersfield, El Segundo, Novato, San Rafael, and Santa Maria, or county making an election pursuant to paragraph (2) or (3) shall so notify the Controller by December 31, 1987, and a city or county which fails to do so shall be governed by paragraph (1). (5) Any city or county with a population of 40,000 or less which makes an election pursuant to paragraph (2) or (3) and which expends funds pursuant to that election by October 30, 1988, shall be deemed to have notified the Controller pursuant to paragraph (4). (6) This subdivision does not apply to a city or a county, including a city which filed a notice with the Controller pursuant to subdivision (g), with a population of 10,000 or less, as most recently determined by the Department of Finance. (b) The amount allocated to a city or a county, as the case may be, shall be expended by October 30, 1988. (c) (1) For purposes of this section, “base year expenditure” means the amount that the city or county, as the case may be, expended for patching, overlay, and sealing, and reconstruction of its local street and highway system during the 1984–85 fiscal year, as reported to the Controller pursuant to Section 2151. Any city or county, with a population of 100,000 or less as of October 1, 1986, which filed a notice with the Controller pursuant to subdivision (g), may elect to have its “base year expenditure” determined on the basis of its 1983–84 fiscal year expenditures. A city or county making this election shall so notify the Controller by December 31, 1987, and the election shall not be available to a city or county which does not so notify the Controller. (2) If the sum of the revenue received by a city or county during the fiscal year pursuant to Section 500 of Title 16, Section 104(b)(2) and (6) and Sections 125 and 144 of Title 23, and Chapter 68 (commencing with Section 5121) of Title 42 of the United States Code, and from the federal Community Block Grant Program, the federal Revenue Sharing Program, and transit assistance funds from the Transportation Planning and Development Account, which was expended for the maintenance and reconstruction of its local street and highway system during the 1984–85 fiscal year, as reported to the Controller pursuant to Section 2151, is more than the sum of funds it received from those sources during any fiscal year, the base year expenditure of the city or county, as the case may be, for the fiscal year shall be reduced by the difference between the sums. For purposes of this paragraph, “revenue received” means that percentage of the project expenditures or the maximum reimbursable amount of eligible project costs as agreed upon by the federal government and the local agency for those projects eligible under this paragraph. (d) For each fiscal year during which an allocation was made pursuant to Section 2126 or Section 7 of Chapter 1600 of the Statutes of 1985, or both, the Controller shall audit the amount each county and city expended for the maintenance and reconstruction, as defined in subdivision (d) of Section 2126, of its local street and highway system during the fiscal year. For amounts allocated to counties and cities for expenditure by October 30, 1988, the audit shall be completed by October 30, 1990. (e) (1) If the Controller determines pursuant to subdivision (d) that a county or city, for the fiscal year, expended for the maintenance and reconstruction of its local street and highway system less than the required amount determined pursuant to subdivision (a) or (b), its allocation pursuant to Section 2104 or 2107, as the case may be, shall be reduced during the next fiscal year by the amount that its expenditure is less than the required amount, but the amount of the reduction shall not exceed the amount allocated to the city or county in each fiscal year that the city or county received funds pursuant to Section 2126 or Section 7 of Chapter 1600 of the Statutes of 1985. (2) Paragraph (1) does not apply to a city or county during the fiscal year in which it returns to the Controller the allocation it received pursuant to Section 2126 or that Section 7, or both. The city or county shall return the allocation plus any accrued interest within 30 days after receipt of the allocation. (f) Any funds withheld or returned as a result of subdivision (e) shall be reallocated to the other counties and cities whose expenditure is not less than its required amount pursuant to subdivision (b) or (c) of Section 2126, as the case may be. (g) In the case of a city or county which on or before October 1, 1986, files with the Controller a written notice declaring the inability of the city or county to comply with the matching requirement of subdivision (a), the Controller shall postpone the penalty provisions of paragraph (1) of subdivision (e) and shall not reallocate the funds, as provided for by subdivision (f), until September 1, 1987. The notice to the Controller shall contain all of the following: (1) The amount of 1984–85 base year matching requirements as determined by the Controller’s audit. (2) The amount the local entity will fall short of the base year matching requirement. (3) The reasons why the city or county is unable to meet the base year matching requirement. (4) The amounts expended by the local entity on patching, overlay, sealing, and reconstruction of its street and highway system in fiscal years 1981–82, 1982–83, and 1983–84. The Controller shall, by November 1, 1986, transmit to the Chairpersons of the Senate and Assembly Transportation Committees and the Joint Legislative Budget Committee the information submitted by counties and cities in the written notices provided for in this subdivision. (Amended by Stats. 1991, Ch. 775, Sec. 11.)
  101. 215.5.

    ## 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 6. Freeway Noise Attenuation [215.5 - 216.5] ( Heading of Article 6 amended by Stats. 1986, Ch. 306, Sec. 4. )

    Verify source ↗

    The department must rank freeway noise-barrier projects and use that ranking to plan funding and reimburse eligible local projects; cities and counties must provide occupant documentation when 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 6. Freeway Noise Attenuation [215.5 - 216.5] ( Heading of Article 6 amended by Stats. 1986, Ch. 306, Sec. 4. ) ## 215.5. (a) The department shall develop and implement a system of priorities for ranking the need for installation of noise attenuation barriers along freeways in the California freeway and expressway system. In establishing a priority system, the department shall give the highest consideration to residential areas which were developed prior to the opening of the freeway. If alterations have been made to the freeway since its original opening which result in a significant and measurable increase in ambient noise levels, the opening date for that segment of the freeway, for the purposes of determining priorities under this section, is the completion date of that alteration project. Other criteria for determining priorities shall include the existing and future intensity of sound generated by the freeway, the increase in traffic flow since the original construction of the freeway, the cost of building the soundwall in relation to the expected noise reduction, the number of persons living in close proximity to the freeway, and whether a majority of the occupants in close proximity to the freeway resided there prior to the time the freeway routing was adopted by the commission. The city or county in which the residential area is located shall be responsible for providing documentation to the department on the percentage of original occupants still residing along the freeway. The actual cost of construction shall be used in determining the relative priority ranking of projects funded and constructed pursuant to subdivision (d). (b) When all freeways have been ranked in priority order, the department shall, consistent with available funding, include in its proposed state transportation improvement program, a program of construction of noise attenuation barriers beginning with the highest priority. In preparing the annual priority list, the department shall not add any new project to the list ahead of a project that has been funded by a city or county, or by any other public agency using public funds, and is awaiting state reimbursement pursuant to subdivision (d). (c) The commission shall include in the estimate adopted pursuant to Section 14525 of the Government Code an annual and five-year estimate of funds estimated to be available for noise attenuation barriers along freeways. If any city or county constructs a noise attenuation barrier along a freeway pursuant to subdivision (d), the commission shall allocate funds for the project in the fiscal year the project would have been eligible for funding based on the department’s priority list and the commission’s fund estimate at the time of approval of the project pursuant to subdivision (d). (d) If any city, county, or public agency constructs a noise attenuation barrier along a freeway using public funds prior to the time that the barrier reaches a high enough priority for state funding, then, when the funding priority is reached, the department shall reimburse the city, county, or public agency without interest for the cost of construction, but the reimbursement may not exceed the cost of the department to construct the barriers. Reimbursement shall be made only if the city, county, or public agency constructs the noise attenuation barrier to the standards approved by department, follows bidding and contracting procedures approved by the department, and the project is approved by the commission. (Amended by Stats. 1991, Ch. 1107, Sec. 1.)
  102. 215.6.

    ## 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 6. Freeway Noise Attenuation [215.5 - 216.5] ( Heading of Article 6 amended by Stats. 1986, Ch. 306, Sec. 4. )

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    A soundwall project gets priority if a city or county pays at least 33% of its estimated cost.

    ## 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 6. Freeway Noise Attenuation [215.5 - 216.5] ( Heading of Article 6 amended by Stats. 1986, Ch. 306, Sec. 4. ) ## 215.6. If any city or county contributes at least 33 percent of the estimated cost of any soundwall project included for the first time in the state transportation improvement program in 1992 or in subsequent years, that project shall be given priority over all other soundwall projects to be included for the first time in that state transportation improvement program. If, due to the accelerated priority given a project by this section, two or more projects each qualify for the highest priority, the relative ranking between the two projects shall be determined on the basis of their relative ranking prior to being accelerated. (Added by Stats. 1991, Ch. 1107, Sec. 2.)
  103. 215.7.

    ## 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 6. Freeway Noise Attenuation [215.5 - 216.5] ( Heading of Article 6 amended by Stats. 1986, Ch. 306, Sec. 4. )

    Verify source ↗

    If a state highway segment is destroyed by a natural disaster and stays out of service for five years or more, the department may use certain highway funds to help pay for noise attenuation barriers on alternate highways, if federal emergency relief funding eligibility and Section 215.5 requirements are met.

    ## 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 6. Freeway Noise Attenuation [215.5 - 216.5] ( Heading of Article 6 amended by Stats. 1986, Ch. 306, Sec. 4. ) ## 215.7. (a) In the event of the destruction of any segment of a state highway due to a natural disaster, when that segment remains out of service for five years or more, the department may, for purposes of mitigating the effects of increased traffic and noise on alternate state highways, use funds from the State Highway Account in the State Transportation Fund sufficient in amount to meet the state’s required matching share of the costs of construction of noise attenuation barriers on any alternate state highway where traffic has increased due to the destruction of that segment if the construction of those barriers is eligible for at least 25 percent funding from federal emergency relief funds and otherwise meets the requirements of Section 215.5. That amount is hereby appropriated to the department from that account, as a loan, that shall be repaid from funds made available under subdivision (d) of Section 215.5 for that construction. (b) For purposes of this section, “natural disaster” has the meaning as defined in Section 8680.3 of the Government Code. (Added by Stats. 1992, Ch. 1241, Sec. 4. Effective January 1, 1993.)
  104. 2150.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Accounting, Reports and Audits [2150 - 2157] ( Chapter 4 added by Stats. 1947, 1st Ex. Sess., Ch. 11. )

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    Counties must place Highway Users Tax Fund payments into the county road fund and spend them only for allowed county road, street, and highway purposes.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Accounting, Reports and Audits [2150 - 2157] ( Chapter 4 added by Stats. 1947, 1st Ex. Sess., Ch. 11. ) ## 2150. All amounts paid to each county, out of the Highway Users Tax Fund shall be deposited in its road fund. The board may deposit in said fund any other money available for roads. All money received by a county from the Highway Users Tax Fund and all money deposited by a county in its road fund shall be expended by the county exclusively for county roads for the purposes specified in Section 2101 or for other public street and highway purposes as provided by law. The amounts paid to a county for snow removal on county roads and for heavy rainfall and storm damage on county roads, pursuant to Section 2110, shall be kept in separate accounts in its road fund and shall be used solely for the purpose for which apportioned. (Amended by Stats. 1974, Ch. 807.)
  105. 2151.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Accounting, Reports and Audits [2150 - 2157] ( Chapter 4 added by Stats. 1947, 1st Ex. Sess., Ch. 11. )

    Verify source ↗

    County and city governing bodies must file an annual street or road expenditures report with the Controller by December 1, and the Controller prescribes the report form.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Accounting, Reports and Audits [2150 - 2157] ( Chapter 4 added by Stats. 1947, 1st Ex. Sess., Ch. 11. ) ## 2151. (a) On or before the first day of December of each year, the governing body of the county or city shall cause to be made and filed with the Controller a complete report of the expenditures for street or road purposes during the preceding fiscal year ending on the 30th day of June. However, the City of El Segundo, the City of Huntington Beach, the City of Inglewood, the City of Long Beach, or the City of South Lake Tahoe may send, on a one-time basis, a written notice to the Controller that it has selected a fiscal year ending on a date other than June 30, and, in that case, the fiscal year selected by the city shall be its fiscal year for reports under this section. (b) The Controller shall prescribe the form and contents of the report. The report shall show the amount expended for construction by contract, maintenance by contract, construction by day labor, and maintenance by day labor. For construction and maintenance by day labor, the amount shall include the cost of material, labor, equipment, and overhead for work performed thereunder. (c) The board of supervisors of each county shall by appropriate action, at any regular or special meeting, designate either the county road commissioner or the county auditor as the person responsible for making and signing the report required by this section. When the road commissioner is designated to make and sign the report, the county auditor shall certify the report before it is filed with the Controller. When the county auditor is designated to make and sign the report, the road commissioner shall certify the report before it is filed with the Controller. Reports made by each city shall be certified by the city’s fiscal officer. (Amended by Stats. 2018, Ch. 159, Sec. 1. (AB 636) Effective January 1, 2019.)
  106. 2152.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Accounting, Reports and Audits [2150 - 2157] ( Chapter 4 added by Stats. 1947, 1st Ex. Sess., Ch. 11. )

    Verify source ↗

    Counties must calculate reimbursable snow removal costs, and the report must include specified money and expenditure statements.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Accounting, Reports and Audits [2150 - 2157] ( Chapter 4 added by Stats. 1947, 1st Ex. Sess., Ch. 11. ) ## 2152. The report shall contain the following: (a) A detailed statement of all money available from all sources during the fiscal year covered by the report, including money made available by the United States, the state, the county or city, any other governmental agency, and money available from bond issues, special assessments, or from any other source whatever for expenditure for street or road purposes. (b) A detailed statement of all expenditures during the fiscal year covered by the report for street or road purposes, including obligations incurred but not yet paid. The statement shall be broken down into expenditure categories,, including, but not limited to, expenditures for rights-of-way or other property, new construction, reconstruction, widening, resurfacing, maintenance, repair, and acquisition and maintenance of equipment. The State Controller, with the advice of the department, may prescribe any other expenditure categories and may require any detail that may be deemed necessary by him or her fully to disclose the nature and extent of all financial transactions by the county or city relating to streets or roads. (c) A detailed statement of all expenditures during the fiscal year covered by the report for snow removal or snow grooming, or both, including expenditures of money apportioned pursuant to Section 2107 or 2110. The statement shall include equipment costs in connection with snow removal or snow grooming, or both, on an hourly rental basis or on any other annual basis that the State Controller may require. (d) In addition, the county shall compute its reimbursable snow removal costs. The reimbursable snow removal or snow grooming, or both, costs shall be in an amount equal to 80 percent of the expenditures described in subdivision (c) that are in excess of five thousand dollars ($5,000). (e) For purposes of this section, “snow grooming” is a method whereby snow is packed down into a hard surface in order to facilitate transportation by snowmobiles or other vehicles modified or accustomed to traveling on packed snow or ice, or both. (Amended by Stats. 1997, Ch. 619, Sec. 5. Effective January 1, 1998.)
  107. 2153.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Accounting, Reports and Audits [2150 - 2157] ( Chapter 4 added by Stats. 1947, 1st Ex. Sess., Ch. 11. )

    Verify source ↗

    The State Controller must take necessary steps to make sure the reports are adequate and accurate.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Accounting, Reports and Audits [2150 - 2157] ( Chapter 4 added by Stats. 1947, 1st Ex. Sess., Ch. 11. ) ## 2153. The State Controller shall take such steps as he may deem necessary to insure that such reports are adequate and accurate. (Added by Stats. 1947, 1st Ex. Sess., Ch. 11.)
  108. 2154.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Accounting, Reports and Audits [2150 - 2157] ( Chapter 4 added by Stats. 1947, 1st Ex. Sess., Ch. 11. )

    Verify source ↗

    The Controller must annually compile the reports received and publish the compiled report on the Controller’s website in a printable and downloadable format.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Accounting, Reports and Audits [2150 - 2157] ( Chapter 4 added by Stats. 1947, 1st Ex. Sess., Ch. 11. ) ## 2154. The Controller shall annually tabulate and compile all such reports received by him or her and shall publish and make that tabulation and compilation report publicly available on its Internet Web site, in a format that may be printed and downloaded. (Amended by Stats. 2018, Ch. 159, Sec. 2. (AB 636) Effective January 1, 2019.)
  109. 2155.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Accounting, Reports and Audits [2150 - 2157] ( Chapter 4 added by Stats. 1947, 1st Ex. Sess., Ch. 11. )

    Verify source ↗

    State money cannot be allocated to or made available for a county or city while it is late in filing the report required by Section 2151.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Accounting, Reports and Audits [2150 - 2157] ( Chapter 4 added by Stats. 1947, 1st Ex. Sess., Ch. 11. ) ## 2155. No state money shall be allocated to or made available for expenditure by any county or city at any time when such county or city is delinquent in filing the report provided for in Section 2151. (Amended by Stats. 1961, Ch. 1272.)
  110. 2157.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Accounting, Reports and Audits [2150 - 2157] ( Chapter 4 added by Stats. 1947, 1st Ex. Sess., Ch. 11. )

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    The Departmental Transportation Advisory Committee is abolished, and the department takes over all of its duties and responsibilities.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4. Accounting, Reports and Audits [2150 - 2157] ( Chapter 4 added by Stats. 1947, 1st Ex. Sess., Ch. 11. ) ## 2157. The Departmental Transportation Advisory Committee is hereby abolished and the department shall succeed to all of its duties and responsibilities. (Repealed and added by Stats. 2005, Ch. 77, Sec. 36. Effective January 1, 2006.)
  111. 216.

    ## 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 6. Freeway Noise Attenuation [215.5 - 216.5] ( Heading of Article 6 amended by Stats. 1986, Ch. 306, Sec. 4. )

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    The department must measure freeway noise in certain school rooms and take noise abatement steps when noise exceeds the stated 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 6. Freeway Noise Attenuation [215.5 - 216.5] ( Heading of Article 6 amended by Stats. 1986, Ch. 306, Sec. 4. ) ## 216. (a) The noise level produced by the traffic on, or by the construction of, a state freeway shall be measured in the classrooms, libraries, multipurpose rooms, and spaces used for pupil personnel services of a public or private elementary or secondary school if the rooms or spaces are being used for the purpose for which they were constructed and they were constructed under any of the following circumstances: (1) Prior to the award of the initial construction contract for the freeway route and prior to January 1, 1974. (2) After December 31, 1973, and prior to the issuance of a statement of present and projected noise levels of the freeway route by the department pursuant to subdivision (f) of Section 65302 of the Government Code. (3) Subsequent to the construction of the freeway but prior to any alteration or expansion of the freeway that results in a significant and perceptible increase in ambient noise levels in the rooms or spaces. (b) The measurements shall be made at appropriate times during regular school hours and shall not include noise from sources that exceed the maximum permitted by law. (c) If the noise level produced from the freeway traffic, or the construction of the freeway, exceeds 55dBA, L10, or 52dBA, Leq., the department shall undertake a noise abatement program in any classroom, library, multipurpose room, or space used for pupil personnel services to reduce the freeway traffic noise level therein to 55dBA, L10, or 52dBA, Leq., or less, by, measures including, but not limited to, installing acoustical materials, eliminating windows, installing air-conditioning, or constructing sound baffle structures. (d) If the department determines that the construction of the freeway will result in a noise level exceeding 55dBA, L10, or 52dBA, Leq., the department shall complete the temporary or permanent noise abatement program prior to commencing that construction, or as soon as practicable thereafter. (e) If it becomes necessary to convert the classrooms, libraries, multipurpose rooms, or spaces used for pupil personnel services to other school-related purposes because the freeway traffic noise level therein exceeds 55dBA, L10, or 52dBA, Leq., the department shall pay the cost of the conversions. (f) If the noise level generated from sources within and without the classrooms, libraries, multipurpose rooms, or spaces used for pupil personnel services exceeds 55dBA, L10, or 52dBA, Leq. prior to construction of the freeway or completion of the alteration or expansion of the freeway, as the case may be, and the noise from the freeway, or its construction, alteration, or expansion, also exceeds 55dBA, L10, or 52dBA, Leq., the department shall undertake a noise abatement program that will reduce the noise to its preconstruction, prealteration, or preexpansion level. (g) Priority for noise abatement programs shall be given to those public and private elementary and secondary classrooms, libraries, multipurpose rooms, and spaces used for pupil personnel services constructed in conformance with Article 3 (commencing with Section 17280) of Chapter 3 of Part 10.5 of Division 1 of Title 1 of the Education Code or subject to paragraph (3) of subdivision (a). (h) As used in this section, dBA means decibels measured by the “A” weighting described in Section 3.1 of the American National Standard specification for sound level meters, S1.4-1971, approved April 27, 1971, and published by the American National Standards Institute. L10 is the sound level that is exceeded 10 percent of the time for the period under consideration and is a value which is an indicator of both the magnitude and frequency of occurrence of the loudest noise events. Leq. is the equivalent steady state sound which in a stated period of time would contain the same acoustic energy as the time-varying sound level during the same time period. (Amended by Stats. 2002, Ch. 438, Sec. 28. Effective January 1, 2003.)
  112. 216.1.

    ## 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 6. Freeway Noise Attenuation [215.5 - 216.5] ( Heading of Article 6 amended by Stats. 1986, Ch. 306, Sec. 4. )

    Verify source ↗

    This section defines “spaces used for pupil personnel services” for Section 216.

    ## 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 6. Freeway Noise Attenuation [215.5 - 216.5] ( Heading of Article 6 amended by Stats. 1986, Ch. 306, Sec. 4. ) ## 216.1. As used in Section 216, “spaces used for pupil personnel services” means rooms that are used primarily for counseling, testing, or similar type services involving the presence of pupils. (Added by Stats. 1975, Ch. 969.)
  113. 216.5.

    ## 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 6. Freeway Noise Attenuation [215.5 - 216.5] ( Heading of Article 6 amended by Stats. 1986, Ch. 306, Sec. 4. )

    Verify source ↗

    The department must plan and build a rice-straw demonstration noise barrier, but only after specified conditions are met; it also must report to the Legislature by January 1, 2005.

    ## 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 6. Freeway Noise Attenuation [215.5 - 216.5] ( Heading of Article 6 amended by Stats. 1986, Ch. 306, Sec. 4. ) ## 216.5. (a) The department shall construct at least one demonstration noise attenuation barrier fabricated from rice straw upon meeting the conditions and requirements of this section. (b) Prior to construction of the barrier specified in subdivision (a), the department shall identify an appropriate location, and shall develop separate cost estimates for constructing a barrier at that location using a standard noise attenuation barrier design and constructing the barrier using the rice straw design. (c) If a noise barrier system fabricated from rice straw appears on the department’s list of approved noise barrier systems, the department shall, within one year, identify a suitable regularly programmed transportation project that includes a noise barrier element for construction of the demonstration noise barrier system. In making its project selection, the department shall consider projected completion schedules for potential candidate projects with the intent of completing the demonstration project expeditiously. (d) The department shall not be required to construct the rice straw barrier specified in subdivision (a) until all the following have occurred: (1) A noise barrier system fabricated from rice straw is approved by the department and appears on the department’s list of approved noise barrier systems. (2) Funding has been secured and made available by the manufacturer of the selected rice straw system to offset any additional costs incurred by the department in using the rice straw barrier design based on the cost estimates prepared pursuant to subdivision (b). (3) A location has been identified for construction of the rice straw barrier system that meets safety, environmental, and related project requirements, and sufficient funding has been programmed and is available for construction of the barrier based on the cost estimate for the standard noise barrier design. (e) The department may select any approved rice straw barrier system for use in the demonstration project as long as the manufacturer of the selected system secures and provides the required funding specified in paragraph (2) of subdivision (d). If no manufacturer of an approved rice straw barrier system provides the required funding, the department shall not be required to complete the demonstration project. (f) The department shall, on or before January 1, 2005, transmit to the Legislature a report regarding the implementation of this section. (Amended by Stats. 2003, Ch. 62, Sec. 294. Effective January 1, 2004.)
  114. 217.

    ## 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 6.5. Job Order Contracting [217 - 217.2] ( Article 6.5 added by Stats. 2023, Ch. 58, Sec. 4. )

    Verify source ↗

    This section defines key terms used in job order contracting, including job order, project, and unit price catalog.

    ## 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 6.5. Job Order Contracting [217 - 217.2] ( Article 6.5 added by Stats. 2023, Ch. 58, Sec. 4. ) ## 217. As used in this article, the following definitions apply: (a) “Adjustment factor“ means the job order contractor’s competitively bid adjustment to the department’s prices as published in the unit price catalog. (b) “Job order” means a firm, fixed-priced, lump-sum order issued by the department to a job order contractor for a definite project scope or work as compiled from the unit price catalog to be performed pursuant to a job order contract. (c) “Job order” means a contract, awarded pursuant to this section, between the department and a licensed, bonded, and general liability insured contractor in which the contractor agrees to a fixed-period, fixed-unit price, and indefinite quantity contract that provides for the use of job orders for public works or maintenance projects. (d) “Project” means the specific requirements and work to be accomplished by the job order contractor in connection with an individual job order. (e) “Unit price catalog” means a book containing specific construction tasks and the unit prices to install or demolish that construction. The listed tasks shall be based on generally accepted industry standards and information, where available, for various items of work to be performed by the job order contractor. The prices shall include the cost of materials, labor, and equipment for performing the items of work. The prices shall not include overhead and profit. All unit prices shall be developed using local prevailing wages. (Added by Stats. 2023, Ch. 58, Sec. 4. (SB 146) Effective July 10, 2023. Repealed as of December 31, 2033, pursuant to Section 217.2.)
  115. 217.1.

    ## 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 6.5. Job Order Contracting [217 - 217.2] ( Article 6.5 added by Stats. 2023, Ch. 58, Sec. 4. )

    Verify source ↗

    The department may use job order contracting for certain projects, but it must use competitive bidding rules, prequalify contractors, and publish annual status reports.

    ## 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 6.5. Job Order Contracting [217 - 217.2] ( Article 6.5 added by Stats. 2023, Ch. 58, Sec. 4. ) ## 217.1. (a) It is the intent of the Legislature to enable the use of job order contracting as an option for constructing transportation and public works projects when it is anticipated that the use of this method will reduce procurement costs or expedite project completion in a manner that is not achievable through the design-bid-build method. It is the intent of the Legislature that this contracting method will improve the efficiency and efficacy of contracted work and not supplant work completed by the department’s field maintenance employees. (b) (1) The department may use the procurement method outlined in this article for job order contracts. (2) A job order contract of the department shall be competitively bid and awarded to the lowest bidder providing a qualified responsive bid. (c) (1) The department may use job order contracting, consistent with this article, when undertaking the following projects: (A) Highway maintenance or safety projects, including, but not limited to, bridge deck sealing, bridge and asphalt pavement overlays, concrete pavement slab work, repair and replacement of active transportation and complete streets facilities, joint seals, installation of new traffic safety devices, rumble strips, and traffic control devices, and other safety, bridge repair, or highway repair projects that are basic and repetitive. (B) Traffic management and detection system installation, replacement, and repair. (C) Tree removal. (D) Clearing and grubbing. (E) Culvert installation and repairs. (F) Improvements to, removal of, and installation of facilities, systems, and traffic control devices needed to comply with the federal Americans with Disabilities Act of 1990 (Public Law 101–336). (G) Facility repairs, including, but not limited to, building maintenance. (H) Installation of stormwater pollution control devices. (I) Safety barriers. (2) No job order contract may be awarded for adding vehicular travel lanes. (3) The department shall, when undertaking job order contracting for the projects specified in paragraph (1), establish a procedure to prequalify job order contractors for projects and shall prepare a set of documents for each job order contract. The documents shall include all of the following: (A) A unit price catalog of construction tasks with preestablished unit prices. (B) Job order contract specifications. (C) Any other information deemed necessary to adequately describe the department’s needs. (4) Based on the documents prepared under paragraph (3), the department shall develop a system for evaluating job order contract bids for the award of job order contracts. The award of a job order contract shall progress as follows: (A) The department shall prepare a request for bids for job order contracts based on the documents prepared under paragraph (3) that invites prospective contractors to submit sealed bids in the manner prescribed by the department. (B) Each bidding contractor shall include in its bid one or more adjustment factors to the established unit prices provided in the request for bids based on the advertised technical specifications. (C) Each bidding job order contractor shall identify any subcontractors to be used for the job orders performed pursuant to the awarded job order contract pursuant to Chapter 4 (commencing with Section 4100) of Part 1 of Division 2 of the Public Contract Code. (D) The award of job order contracts, if any, shall be made to one or more job order contractors that the department determines to be qualified and responsive based upon preestablished criteria to be determined by the department. (5) Any job order contractor that is selected for a project pursuant to this article shall possess or obtain sufficient bonding to cover the contract amount for construction services and risk and liability insurance as the department may require. (6) Nothing in this article is intended to affect, expand, alter, or limit any rights or remedies otherwise available at law. (d) Notwithstanding paragraph (3) of subdivision (c) and subparagraph (B) of paragraph (4) of subdivision (c), the department may, in accordance with the requirements of Section 14838.7 of the Government Code, award a job order contract pursuant to this article with an estimated value of greater than five thousand dollars ($5,000) but less than the cost limit, as specified in subdivision (b) of Section 10105 of the Public Contract Code, after obtaining written bid submittals from two or more certified small businesses, including microbusinesses, or from two or more disabled veteran business enterprises. (e) Job order contracts may be executed for an initial contract term of no more than 12 months with the option of extending or renewing the job order contract for two 12-month periods. All extensions or renewals shall be priced as provided in the request for bids. An extension or renewal shall be mutually agreed to by the department and the job order contractor. (f) On or before July 1 of each year, until July 1, 2033, the department shall publish on its internet website regarding the status of all active job order contracts and those job order contracts that expired in the previous year. The report shall include, but is not limited to, all of the following information: (1) A listing of all projects completed under each job order contract. (2) The name of each job order contractor awarded a contract. (3) The estimated and actual project costs. (4) The estimated procurement time savings. (5) A description of any written protests concerning any aspect of the solicitation, bid, proposal, or award of the job order contract, including, but not limited to, the resolution of the protests. (6) A summary of small business usage. (7) A summary of Labor Code violations, including, but not limited to, prevailing wage, apprenticeship, and health and safety statutes to the extent information is readily available. (8) The percentage of the project completed by subcontractors certified by the Department of General Services as small business and disabled veteran business enterprise. (9) Recommendations regarding the most appropriate uses for the job order contract process. (g) Job order contracts shall be monitored by the department’s labor compliance program for compliance with federal and state labor laws. (Added by Stats. 2023, Ch. 58, Sec. 4. (SB 146) Effective July 10, 2023. Repealed as of December 31, 2033, pursuant to Section 217.2.)
  116. 217.2.

    ## 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 6.5. Job Order Contracting [217 - 217.2] ( Article 6.5 added by Stats. 2023, Ch. 58, Sec. 4. )

    Verify source ↗

    This article stays in force only until December 31, 2033, and is then repealed.

    ## 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 6.5. Job Order Contracting [217 - 217.2] ( Article 6.5 added by Stats. 2023, Ch. 58, Sec. 4. ) ## 217.2. This article shall remain in effect only until December 31, 2033, and as of that date is repealed. (Added by Stats. 2023, Ch. 58, Sec. 4. (SB 146) Effective July 10, 2023. Repealed as of December 31, 2033, by its own provisions. Note: Repeal affects Article 6.5, commencing with Section 217.)
  117. 2170.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.6. Intercity Corridor Demonstration Program [2170 - 2182.1] ( Chapter 4.6 added by Stats. 1976, Ch. 1349. )

    Verify source ↗

    The Legislature states that the Sacramento-Stockton-San Francisco and Los Angeles-San Diego corridors are suitable for multimodal transportation demonstration programs.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.6. Intercity Corridor Demonstration Program [2170 - 2182.1] ( Chapter 4.6 added by Stats. 1976, Ch. 1349. ) ## 2170. The Legislature finds as follows: (a) The Sacramento-Stockton-San Franciso corridor and the Los Angeles-San Diego corridor represent unique locations for multimodal transportation demonstration programs with modern low-capital intensive transportation improvement techniques to encourage greater utilization of ground public transportation facilities. (b) The conclusions and recommendations contained in the Sacramento-Stockton-San Francisco Bay Area Corridor Study, filed with the Legislature in February of 1975, contained a number of proposals that should be implemented on a demonstration basis. (c) The conclusions and recommendations contained in the report relating to the Los Angeles-San Diego corridor prepared pursuant to Chapter 1427 of the Statutes of 1974 also contained a number of proposals that should be implemented on a demonstration basis. (Added by Stats. 1976, Ch. 1349.)
  118. 2170.5.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.6. Intercity Corridor Demonstration Program [2170 - 2182.1] ( Chapter 4.6 added by Stats. 1976, Ch. 1349. )

    Verify source ↗

    The Legislature states that statewide passenger rail planning should consider the California Passenger Rail Corridor.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.6. Intercity Corridor Demonstration Program [2170 - 2182.1] ( Chapter 4.6 added by Stats. 1976, Ch. 1349. ) ## 2170.5. It is the intent of the Legislature that any statewide passenger rail planning shall include consideration of the California Passenger Rail Corridor defined in Section 14036.9 of the Government Code. (Added by Stats. 1992, Ch. 1310, Sec. 3. Effective January 1, 1993.)
  119. 2171.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.6. Intercity Corridor Demonstration Program [2170 - 2182.1] ( Chapter 4.6 added by Stats. 1976, Ch. 1349. )

    Verify source ↗

    The department must run three-year demonstration projects to improve ground public transit services in the two listed corridors.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.6. Intercity Corridor Demonstration Program [2170 - 2182.1] ( Chapter 4.6 added by Stats. 1976, Ch. 1349. ) ## 2171. The department shall undertake three-year demonstration projects to encourage improved ground public transit services along the Sacramento-Stockton -San Francisco corridor and along the Los Angeles-San Diego corridor. The projects shall consist of the following three elements—project administration and evaluation as described in Section 2172, low-capital intensive improvement programs as described in Sections 2173 and 2176.5, and operating assistance as described in Sections 2174, 2175, and 2176. (Added by Stats. 1976, Ch. 1349.)
  120. 2172.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.6. Intercity Corridor Demonstration Program [2170 - 2182.1] ( Chapter 4.6 added by Stats. 1976, Ch. 1349. )

    Verify source ↗

    The department must administer, implement, market, and evaluate the projects, seek help from an advisory group for each corridor, and the director must appoint those advisory groups.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.6. Intercity Corridor Demonstration Program [2170 - 2182.1] ( Chapter 4.6 added by Stats. 1976, Ch. 1349. ) ## 2172. The department shall be responsible for the administration, implementation, marketing, and evaluation of the projects. The department shall seek the assistance of an advisory group for each corridor. The director shall appoint the advisory groups, which shall include representatives from user groups, consumer groups, the various public and private transit operators serving the area in which the corridor is located, the transportation planning agencies having jurisdiction of the areas within the corridor, the Public Utilities Commission, and other public and private entities affected by projects in the corridor. (Amended by Stats. 1984, Ch. 579, Sec. 36.)
  121. 2173.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.6. Intercity Corridor Demonstration Program [2170 - 2182.1] ( Chapter 4.6 added by Stats. 1976, Ch. 1349. )

    Verify source ↗

    The department must use appropriated funds to enter into an agreement with the National Railroad Passenger Corporation to improve railroad track and passenger facilities on the Sacramento-Oakland and Los Angeles-San Diego corridors.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.6. Intercity Corridor Demonstration Program [2170 - 2182.1] ( Chapter 4.6 added by Stats. 1976, Ch. 1349. ) ## 2173. From funds appropriated for such purposes, the department shall enter into an agreement with the National Railroad Passenger Corporation, pursuant to Section 403(b) of the National Railroad Passenger Service Act of 1970 (45 U.S.C. Sec. 563(b)), for improvement of railroad track and passenger facilities along the Sacramento-Oakland and Los Angeles-San Diego corridors. First priority shall be given to those improvements which the department determines make possible time savings, such as those identified in the report prepared pursuant to Chapter 1427 of the Statutes of 1974. (Amended by Stats. 1984, Ch. 579, Sec. 37.)
  122. 2174.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.6. Intercity Corridor Demonstration Program [2170 - 2182.1] ( Chapter 4.6 added by Stats. 1976, Ch. 1349. )

    Verify source ↗

    The department must use appropriated funds to enter into an agreement with the National Railroad Passenger Corporation for additional passenger rail service on the Sacramento-San Francisco and Los Angeles-San Diego corridors.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.6. Intercity Corridor Demonstration Program [2170 - 2182.1] ( Chapter 4.6 added by Stats. 1976, Ch. 1349. ) ## 2174. From funds appropriated for such purposes, the department shall enter into an agreement with the National Railroad Passenger Corporation, pursuant to Section 403(b) of the National Railroad Passenger Service Act of 1970 (45 U.S.C. Sec. 563(b)), for additional passenger rail service along the Sacramento-San Francisco and Los Angeles-San Diego corridors. (Amended by Stats. 1984, Ch. 579, Sec. 38.)
  123. 2174.5.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.6. Intercity Corridor Demonstration Program [2170 - 2182.1] ( Chapter 4.6 added by Stats. 1976, Ch. 1349. )

    Verify source ↗

    Funds for improvements along the Los Angeles-San Diego corridor may not be allocated until the director determines that at least four passenger trains per day are operating on the facilities to be improved.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.6. Intercity Corridor Demonstration Program [2170 - 2182.1] ( Chapter 4.6 added by Stats. 1976, Ch. 1349. ) ## 2174.5. No funds shall be allocated for improvements along the Los Angeles-San Diego corridor until the director determines that an average of four or more passenger trains per day are operating over the facilities to be improved. (Added by Stats. 1976, Ch. 1349.)
  124. 2175.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.6. Intercity Corridor Demonstration Program [2170 - 2182.1] ( Chapter 4.6 added by Stats. 1976, Ch. 1349. )

    Verify source ↗

    The department may use appropriated funds to set up a feeder bus service program between major population or activity centers and the nearest rail terminal served under Section 2174.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.6. Intercity Corridor Demonstration Program [2170 - 2182.1] ( Chapter 4.6 added by Stats. 1976, Ch. 1349. ) ## 2175. From funds appropriated for such purposes, the department may undertake a program to provide feeder bus service between major population or activity centers and the nearest rail terminal served under Section 2174. The service shall be provided by operators, as defined in Section 99210 of the Public Utilities Code, or by passenger stage corporations, as defined in Section 226 of the Public Utilities Code. (Amended by Stats. 1984, Ch. 579, Sec. 39.)
  125. 2176.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.6. Intercity Corridor Demonstration Program [2170 - 2182.1] ( Chapter 4.6 added by Stats. 1976, Ch. 1349. )

    Verify source ↗

    The department may use appropriated funds to set up an express bus service between Stockton and a selected BART station or between Stockton and Sacramento.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.6. Intercity Corridor Demonstration Program [2170 - 2182.1] ( Chapter 4.6 added by Stats. 1976, Ch. 1349. ) ## 2176. From funds appropriated for such purposes, the department may undertake a program to provide express bus service between Stockton and a station of the San Francisco Bay Area Rapid Transit District selected by the department and the district or between Stockton and Sacramento. The service shall be provided by operators, as defined in Section 99210 of the Public Utilities Code, or by passenger stage corporations, as defined in Section 226 of the Public Utilities Code. (Amended by Stats. 1984, Ch. 579, Sec. 40.)
  126. 2176.5.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.6. Intercity Corridor Demonstration Program [2170 - 2182.1] ( Chapter 4.6 added by Stats. 1976, Ch. 1349. )

    Verify source ↗

    The department may use appropriated funds to build intermodal transfer facilities with rail and bus facilities in specified communities.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.6. Intercity Corridor Demonstration Program [2170 - 2182.1] ( Chapter 4.6 added by Stats. 1976, Ch. 1349. ) ## 2176.5. From funds appropriated for such purposes, the department may undertake the construction of intermodal transfer facilities located in conjunction with other rail and bus facilities in communities between Stockton and communities in the San Francisco Bay area or between Stockton and Sacramento. (Amended by Stats. 1984, Ch. 579, Sec. 41.)
  127. 2177.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.6. Intercity Corridor Demonstration Program [2170 - 2182.1] ( Chapter 4.6 added by Stats. 1976, Ch. 1349. )

    Verify source ↗

    The director must make allocations to extend corridor rail services to specified population and activity centers, using the funds described in the section.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.6. Intercity Corridor Demonstration Program [2170 - 2182.1] ( Chapter 4.6 added by Stats. 1976, Ch. 1349. ) ## 2177. From funds appropriated by Section 4 of Chapter 1130 of the Statutes of 1975, the director shall make allocations to extend corridor rail services beyond the terminals identified in Section 2171 to population and activity centers which the director determines would give the greatest increase in patronage, relative to cost. (Amended by Stats. 1984, Ch. 579, Sec. 42.)
  128. 2178.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.6. Intercity Corridor Demonstration Program [2170 - 2182.1] ( Chapter 4.6 added by Stats. 1976, Ch. 1349. )

    Verify source ↗

    The department must seek federal and local financial assistance for financing the projects.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.6. Intercity Corridor Demonstration Program [2170 - 2182.1] ( Chapter 4.6 added by Stats. 1976, Ch. 1349. ) ## 2178. The department shall seek federal and local financial assistance in financing the projects. (Added by Stats. 1976, Ch. 1349.)
  129. 218.

    ## 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 7. Safety Roadside Rests [218 - 226.5] ( Article 7 added by Stats. 1963, Ch. 992. )

    Verify source ↗

    The commission and the department must plan, design, and construct safety roadside rests on the state highway system, and the department must maintain them.

    ## 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 7. Safety Roadside Rests [218 - 226.5] ( Article 7 added by Stats. 1963, Ch. 992. ) ## 218. The commission and the department shall plan, design, and construct a system of safety roadside rests on the state highway system outside of units of the state park system, and the cost thereof shall be payable from the State Highway Account. The department shall maintain such safety roadside rests and the costs thereof shall be payable from the State Highway Account. (Amended by Stats. 1980, Ch. 777, Sec. 56.)
  130. 2180.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.6. Intercity Corridor Demonstration Program [2170 - 2182.1] ( Chapter 4.6 added by Stats. 1976, Ch. 1349. )

    Verify source ↗

    The department must study the feasibility of rail access from the San Francisco Bay area to Sacramento and Stockton, including a possible connection to BART and a limited extension toward Concord.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.6. Intercity Corridor Demonstration Program [2170 - 2182.1] ( Chapter 4.6 added by Stats. 1976, Ch. 1349. ) ## 2180. When considering the feasibility of rail access from the San Francisco Bay area to Sacramento and Stockton, the department shall explore, for future development, the feasibility of providing such access through connection to the San Francisco Bay Area Rapid Transit District transit system in the vicinity of corridors formed by State Highway Routes 4, 24, and 680. The department, in consultation with the district, shall also explore the feasibility of limited extension of the district’s rail system to the vicinity of Concord along the Sacramento Northern rights-of-way. (Added by Stats. 1976, Ch. 1349.)
  131. 2182.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.6. Intercity Corridor Demonstration Program [2170 - 2182.1] ( Chapter 4.6 added by Stats. 1976, Ch. 1349. )

    Verify source ↗

    The Controller must allocate specified Traffic Congestion Relief Fund money to cities and counties, and those funds must be deposited in designated local accounts and used only for certain road and street maintenance work.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.6. Intercity Corridor Demonstration Program [2170 - 2182.1] ( Chapter 4.6 added by Stats. 1976, Ch. 1349. ) ## 2182. (a) The funds appropriated from the Traffic Congestion Relief Fund pursuant to paragraph (2) of subdivision (a) of Section 14556.5 of the Government Code shall be allocated by the Controller to cities and counties for street and road maintenance, rehabilitation, and reconstruction. Four hundred million dollars ($400,000,000) shall be allocated to the counties, including a city and county, and cities, including a city and county, as follows: (1) Fifty percent to the counties, including a city and county, in accordance with the following formulas: (A) Seventy-five percent of the funds payable under this paragraph shall be apportioned among the counties in the proportion that the number of fee-paid and exempt vehicles that are registered in the county bears to the number of fee-paid and exempt vehicles registered in the state. (B) Twenty-five percent of the funds payable under this paragraph shall be apportioned among the counties in the proportion that the number of miles of maintained county roads in each county bears to the total number of miles of maintained county roads in the state. For the purposes of apportioning funds under this subparagraph, any roads within the boundaries of a city and county that are not state highways shall be deemed to be county roads. (2) Fifty percent to cities, including a city and county, apportioned among the cities in the proportion that the total population of the city bears to the total population of all the cities in the state. (b) Funds received under this section shall be deposited as follows in order to avoid the commingling of those funds with other local funds: (1) In the case of a city, into the city account that is designated for the receipt of state funds allocated for transportation purposes. (2) In the case of a county, into the county road fund. (3) In the case of a city and county, into a local account that is designated for the receipt of state funds allocated for transportation purposes. (c) Funds apportioned to a city or county under this section shall be used only for street and highway pavement maintenance, rehabilitation, and reconstruction of necessary associated facilities such as drainage and traffic control devices. Rehabilitation or reconstruction may include widening necessary to bring the roadway width to the desirable minimum pavement width consistent with accepted design standards for local streets and roads, but does not include widening or increasing the traffic capacity of a street or road. (d) For the purpose of allocating funds under this section to cities, counties, and a city and county, the Controller shall use the most recent population estimates prepared by the Demographic Research Unit of the Department of Finance. For a city that incorporated after January 1, 1998, that does not appear on the most recent population estimates prepared by the Demographic Research Unit, the Controller shall use the population determined for that city under Section 11005.3 of the Revenue and Taxation Code. (Amended by Stats. 2002, Ch. 445, Sec. 10. Effective September 9, 2002.)
  132. 2182.1.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.6. Intercity Corridor Demonstration Program [2170 - 2182.1] ( Chapter 4.6 added by Stats. 1976, Ch. 1349. )

    Verify source ↗

    Cities and counties must keep local street-and-road funding at required levels to stay eligible for certain Highway Code allocations, and the Controller can request data, audit compliance, and withhold payment for noncompliance.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.6. Intercity Corridor Demonstration Program [2170 - 2182.1] ( Chapter 4.6 added by Stats. 1976, Ch. 1349. ) ## 2182.1. (a) The Legislature finds and declares that it intends cities and counties to use the funds made available under paragraph (2) of subdivision (a) of Section 14556.5 of the Government Code to supplement existing local revenues being used for maintenance and rehabilitation of local streets and roads. Cities and counties shall maintain their existing commitment of local funds for maintenance and rehabilitation of local streets and roads in order to remain eligible for allocation and expenditure of the additional four hundred million dollars ($400,000,000) made available by Section 21 of the act that added this section. (b) In order to receive any allocation pursuant to Section 2182, the city or county shall annually expend from its general fund for street, road, and highway purposes an amount not less than the annual average of its expenditures from its general fund during the 1996–97, 1997–98, and 1998–99 fiscal years, as reported to the Controller pursuant to Section 2151. For purposes of this subdivision, in calculating a city’s or county’s annual general fund expenditures and its average general fund expenditures for the 1996–97, 1997–98, and 1998–99 fiscal years, any unrestricted funds that the city or county may expend at its discretion, including vehicle in-lieu tax revenues and revenues from fines and forfeitures, expended for street and highway purposes shall be considered expenditures from the general fund. One-time allocations that have been expended for street and highway purposes, but which may not be available on an ongoing basis, including revenue provided under the Teeter Plan Bond Law of 1994 (Chapter 6.6 (commencing with Section 54773) of Part 1 of Division 2 of Title 5 of the Government Code), may not be considered when calculating a city’s or county’s annual general fund expenditures. (c) For any city incorporated after July 1, 1996, the Controller shall calculate an annual average of expenditure for the period between July 1, 1996, and December 31, 2000, that the city was incorporated. (d) For purposes of subdivision (b), the Controller may request fiscal data from cities and counties in addition to data provided pursuant to Section 2151, for the 1996–97, 1997–98, and 1998–99 fiscal years. Each city and county shall furnish the data to the Controller not later than 120 days after receiving the request. The Controller may withhold payment to cities and counties that do not comply with the request for information or that provide incomplete data. (e) The Controller may perform audits to ensure compliance with subdivision (b) when deemed necessary. Any city or county that has not complied with subdivision (b) shall reimburse the state for the funds it received during that fiscal year. Any funds withheld or returned as a result of a failure to comply with subdivision (b) shall be reallocated to the other counties and cities whose expenditures are in compliance. (f) If a city or county fails to comply with the requirements of subdivision (b) in a particular fiscal year, the city or county may expend during that fiscal year and the following fiscal year a total amount that is not less than the total amount required to be expended for those fiscal years for purposes of complying with subdivision (b). (g) The allocation made under Section 2182 shall be expended not later than the end of the fiscal year following the fiscal year in which the allocation was made, and any funds not expended within that period shall be returned to the Controller and shall be reallocated to the other cities and counties pursuant to the allocation formulas set forth in Section 2182. (Amended by Stats. 2002, Ch. 445, Sec. 11. Effective September 9, 2002.)
  133. 219.

    ## 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 7. Safety Roadside Rests [218 - 226.5] ( Article 7 added by Stats. 1963, Ch. 992. )

    Verify source ↗

    When planning safety roadside rests, the department must generally follow the listed criteria.

    ## 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 7. Safety Roadside Rests [218 - 226.5] ( Article 7 added by Stats. 1963, Ch. 992. ) ## 219. In planning such system of safety roadside rests, the department is directed to generally follow these criteria: (a) Safety roadside rests should be provided so that, in combination with other stopping facilities, there shall be facilities available at intervals of approximately one-half hours normal driving time. (b) On highway entrances to large metropolitan areas, safety roadside rests may be provided. (c) On high-volume highways consisting of four or more lanes, safety roadside rests should be provided on both sides of the highways; on all other highways only single safety roadside rests should be provided. (d) Notwithstanding the provisions of subdivision (a), on high-volume highways more safety roadside rests may be planned at strategic locations where they appear to be necessary or desirable. (Amended by Stats. 1968, Ch. 1132.)
  134. 2190.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.7. Intermodal Corridors of Economic Significance [2190 - 2191] ( Chapter 4.7 added by Stats. 1993, Ch. 531, Sec. 1. )

    Verify source ↗

    This chapter is named the Intermodal Corridor of Economic Significance Act and may be cited by that name.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.7. Intermodal Corridors of Economic Significance [2190 - 2191] ( Chapter 4.7 added by Stats. 1993, Ch. 531, Sec. 1. ) ## 2190. This chapter shall be known and may be cited as the Intermodal Corridor of Economic Significance Act. (Added by Stats. 1993, Ch. 531, Sec. 1. Effective January 1, 1994.)
  135. 2191.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.7. Intermodal Corridors of Economic Significance [2190 - 2191] ( Chapter 4.7 added by Stats. 1993, Ch. 531, Sec. 1. )

    Verify source ↗

    The department must work with regional transportation planning agencies to identify major transportation arteries that connect to ports, railways, airports, and highway systems.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.7. Intermodal Corridors of Economic Significance [2190 - 2191] ( Chapter 4.7 added by Stats. 1993, Ch. 531, Sec. 1. ) ## 2191. The department shall, in cooperation with regional transportation planning agencies, identify the significant transportation arteries in the state that connect or provide access to major sea or waterway ports, nationwide railway systems, airports, and interstate and intrastate highway systems, thereby serving as an intermodal corridor of economic significance. The identified corridors shall include, at a minimum, at least one corridor that serves two or more major seaports. (Added by Stats. 1993, Ch. 531, Sec. 1. Effective January 1, 1994.)
  136. 2192.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.8. Trade Corridors Improvement Fund [2192 - 2192.4] ( Chapter 4.8 added by Stats. 2014, Ch. 787, Sec. 2. )

    Verify source ↗

    This section sets how certain highway and freight-related funds may be allocated for infrastructure projects, and requires the California Transportation Commission to adopt guidelines and evaluate projects.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.8. Trade Corridors Improvement Fund [2192 - 2192.4] ( Chapter 4.8 added by Stats. 2014, Ch. 787, Sec. 2. ) ## 2192. (a) The following revenues shall be allocated for infrastructure projects pursuant to this section: (1) The revenues deposited in the Trade Corridors Enhancement Account pursuant to Section 2192.4, except for those revenues in the account that were appropriated by Senate Bill 132 of the 2017–18 Regular Session (Chapter 7 of the Statutes of 2017). (2) An amount of federal funds equal to the amount of revenue apportioned to the state under Section 167 of Title 23 of the United States Code from the national highway freight programs, pursuant to the federal Fixing America’s Surface Transportation Act (“FAST Act,” Public Law 114-94). (b) The funding described in subdivision (a) shall be available upon appropriation for allocation by the California Transportation Commission for infrastructure improvements in this state on federally designated Trade Corridors of National and Regional Significance, on the Primary Freight Network, and along other corridors that have a high volume of freight movement, as determined by the commission and as identified in the state freight plan developed pursuant to Section 13978.8 of the Government Code. Projects eligible for funding shall be included in an adopted regional transportation plan. Projects within the boundaries of a metropolitan planning organization shall be included in an adopted regional transportation plan that includes a sustainable communities strategy determined by the State Air Resources Board to achieve the region’s greenhouse gas emissions reduction targets. In developing guidelines for implementing this section, the commission shall (1) apply the guiding principles, to the maximum extent practicable, in the California Sustainable Freight Action Plan released in July 2016 pursuant to Executive Order No. B-32-15, and (2) consult the state freight plan and the applicable port master plan. (c) Eligible projects for these funds include, but are not limited to, all of the following: (1) Highway improvements to more efficiently accommodate the movement of freight, particularly for ingress and egress to and from the state’s land ports of entry, rail terminals, and seaports, including navigable inland waterways used to transport freight between seaports, land ports of entry, and airports, and to relieve traffic congestion along major trade or goods movement corridors. (2) Freight rail system improvements to enhance the ability to move goods from seaports, land ports of entry, and airports to warehousing and distribution centers throughout California, including projects that separate rail lines from highway or local road traffic, improve freight rail mobility, and other projects that improve the safety, efficiency, and capacity of the rail freight system. (3) Projects to enhance the capacity and efficiency of ports, except that funds available under this section shall not be allocated to a project that includes the purchase of fully automated cargo handling equipment. For the purposes of this paragraph, “fully automated” means equipment that is remotely operated or remotely monitored, with or without the exercise of human intervention or control. Nothing in this paragraph shall prohibit the use of funds available pursuant to this section for a project that includes the purchase of human-operated zero-emission equipment, human-operated near-zero-emission equipment, and infrastructure supporting that human-operated equipment. Furthermore, nothing in this section shall prohibit the purchase of devices that support that human-operated equipment, including equipment to evaluate the utilization and environmental benefits of that human-operated equipment. (4) Truck corridor improvements, including dedicated truck facilities or truck toll facilities, including the mitigation of the emissions from trucks or these facilities. (5) Border access improvements that enhance goods movement between California and Mexico and that maximize the state’s ability to access funds made available to the state by federal law. (6) Surface transportation, local road, and connector road improvements to effectively facilitate the movement of goods, particularly for ingress and egress to and from the state’s land ports of entry, airports, and seaports, to relieve traffic congestion along major trade or goods movement corridors. (7) Projects that employ advanced and innovative technology to improve the flow of freight, such as intelligent transportation systems, public infrastructure, excluding vehicles, that enables zero-emission or near-zero emission goods movement, real time information systems, weigh-in-motion devices, electronic screening and credentialing systems, traffic signal optimization, work zone management and information systems, ramp metering, and electronic cargo and border security technologies. (8) Environmental and community mitigation or efforts to reduce environmental impacts of freight movement, such as projects that reduce noise, overnight truck idling, or truck queues, and advanced traveler information systems such as freight advanced traveler information systems that optimize operations to reduce empty-load trips. (d) Projects funded with revenues identified in paragraph (1) of subdivision (a) shall be consistent with Article XIX of the California Constitution. (e) (1) In adopting the program of projects to be funded with funds described in subdivision (a), the commission shall evaluate the total potential economic and noneconomic benefits of the program of projects to California’s economy, environment, and public health. The evaluation shall specifically assess localized impacts in disadvantaged communities. The commission shall consult with the agencies identified in Executive Order No. B-32-15 and metropolitan planning organizations in order to use the appropriate models, techniques, and methods to develop the parameters for evaluating the program of projects. The commission shall allocate the funding from subdivision (a) for trade infrastructure improvements as follows: (A) Sixty percent of the funds shall be available for projects nominated by regional transportation agencies and other public agencies, including counties, cities, and port authorities, in consultation with the department. The commission shall provide reasonable geographic targets for funding allocations without constraining what an agency may propose or what the commission may approve. (B) Forty percent of the funds shall be available for projects nominated by the department, in consultation with regional transportation agencies. (2) In adopting a program of projects pursuant to paragraph (1), the commission shall prioritize projects jointly nominated and jointly funded by the state and local agencies. In considering geographic balance for the overall program, the commission may adjust the corridor-based targets in subparagraph (A) of paragraph (1) to account for projects programmed pursuant to subparagraph (B) of paragraph (1). (f) (1) The commission shall adopt guidelines, including a transparent process to evaluate projects and to allocate the funding described in subdivision (a) for trade infrastructure improvements in a manner that (A) addresses the state’s most urgent needs, (B) balances the demands of various land ports of entry, seaports, and airports, (C) places emphasis on projects that improve trade corridor mobility and safety while reducing emissions of diesel particulates, greenhouse gases, and other pollutants and reducing other negative community impacts, especially in disadvantaged communities, (D) makes a significant contribution to the state’s economy, (E) recognizes the key role of the state in project identification, (F) supports integrating statewide goods movement priorities in a corridor approach, and (G) includes disadvantaged communities measures, as established by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code, and other tools the commission determines, for evaluating benefits or costs for disadvantaged communities and low-income communities. Project nominations shall include either a quantitative or qualitative assessment of the benefits the project is expected to achieve relative to the evaluation criteria. (2) The guidelines adopted pursuant to paragraph (1) may include streamlining of project delivery by authorizing regional transportation agencies and other public agencies to seek commission approval of a letter of no prejudice that allows the agency to expend its own funds for a project programmed in a future year of the adopted program of projects, in advance of allocation of funds to the project by the commission, and to be reimbursed at a later time for eligible expenditures. A letter of no prejudice shall only be available to local or regional transportation agencies for moneys that have been identified for future allocation to the applicant agency. Moneys designated for the program shall only be reimbursed when there is funding available in an amount sufficient to make the reimbursement. (g) In addition, the commission shall also consider the following factors when allocating these funds: (1) “Velocity,” which means the speed by which large cargo would travel from the land port of entry or seaport through the distribution system. (2) “Throughput,” which means the volume of cargo that would move from the land port of entry or seaport through the distribution system. (3) “Reliability,” which means a reasonably consistent and predictable amount of time for cargo to travel from one point to another on any given day or at any given time in California. (4) “Congestion reduction,” which means the reduction in recurrent daily hours of delay to be achieved. (h) For purposes of this section, the following terms have the following meanings: (1) “Disadvantaged communities” are those communities identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code. (2) “Low-income communities” are census tracts with median household incomes at or below 80 percent of the statewide median income or with median household incomes at or below the threshold designated as low income by the Department of Housing and Community Development’s list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code. (i) It is the intent of the Legislature for the commission to adopt an initial program of projects using the state and federal funds described in subdivision (a) for eligible projects as soon as practicable and no later than May 17, 2018. (Amended by Stats. 2021, Ch. 769, Sec. 5. (SB 671) Effective January 1, 2022.)
  137. 2192.1.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.8. Trade Corridors Improvement Fund [2192 - 2192.4] ( Chapter 4.8 added by Stats. 2014, Ch. 787, Sec. 2. )

    Verify source ↗

    If certain greenhouse-gas funds are transferred to the Trade Corridors Improvement Fund, the funded projects and the commission’s allocations must follow specified existing-law requirements, guidance, criteria, and an investment plan.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.8. Trade Corridors Improvement Fund [2192 - 2192.4] ( Chapter 4.8 added by Stats. 2014, Ch. 787, Sec. 2. ) ## 2192.1. (a) To the extent moneys from the Greenhouse Gas Reduction Fund, attributable to the auction or sale of allowances as part of a market-based compliance mechanism relative to reduction of greenhouse gas emissions, are transferred to the Trade Corridors Improvement Fund, projects funded with those moneys shall be subject to all of the requirements of existing law applicable to the expenditure of moneys appropriated from the Greenhouse Gas Reduction Fund, including, but not limited to, both of the following: (1) Projects shall further the regulatory purposes of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), including reducing emissions from greenhouse gases in the state, directing public and private investment toward disadvantaged communities, increasing the diversity of energy sources, or creating opportunities for businesses, public agencies, nonprofits, and other community institutions to participate in and benefit from statewide efforts to reduce emissions of greenhouse gases. (2) Projects shall be consistent with the guidance developed by the State Air Resources Board pursuant to Section 39715 of the Health and Safety Code. (b) All allocations of funds made by the commission pursuant to this section shall be made in a manner consistent with the criteria expressed in Section 39712 of the Health and Safety Code and with the investment plan developed by the Department of Finance pursuant to Section 39716 of the Health and Safety Code. (Added by Stats. 2014, Ch. 787, Sec. 2. (SB 1228) Effective January 1, 2015.)
  138. 2192.2.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.8. Trade Corridors Improvement Fund [2192 - 2192.4] ( Chapter 4.8 added by Stats. 2014, Ch. 787, Sec. 2. )

    Verify source ↗

    The commission must allocate chapter funds only to projects with committed supplemental funding, and it may prioritize projects with more committed supplemental funding.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.8. Trade Corridors Improvement Fund [2192 - 2192.4] ( Chapter 4.8 added by Stats. 2014, Ch. 787, Sec. 2. ) ## 2192.2. The commission shall allocate funds made available by this chapter to projects that have identified and committed supplemental funding from appropriate local, federal, or private sources. The commission shall determine the appropriate amount of supplemental funding each project should have to be eligible for moneys from the fund based on a project-by-project review and an assessment of the project’s benefit to the state and the program. The commission may give priority for funding to projects with higher levels of committed supplemental funding. (Amended by Stats. 2017, Ch. 95, Sec. 18. (SB 103) Effective July 21, 2017.)
  139. 2192.3.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.8. Trade Corridors Improvement Fund [2192 - 2192.4] ( Chapter 4.8 added by Stats. 2014, Ch. 787, Sec. 2. )

    Verify source ↗

    The commission must include a summary of its chapter-related activities in its annual report to the Legislature.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.8. Trade Corridors Improvement Fund [2192 - 2192.4] ( Chapter 4.8 added by Stats. 2014, Ch. 787, Sec. 2. ) ## 2192.3. The commission shall include in its annual report to the Legislature, required by Section 14535 of the Government Code, a summary of its activities related to the administration of this chapter. The summary shall, at a minimum, include a description and the location of the projects contained in the program funded by the fund, the amount of funds allocated to each project, the status of each project, and a description of the mobility and air quality improvements the program is achieving. (Added by Stats. 2014, Ch. 787, Sec. 2. (SB 1228) Effective January 1, 2015.)
  140. 2192.4.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.8. Trade Corridors Improvement Fund [2192 - 2192.4] ( Chapter 4.8 added by Stats. 2014, Ch. 787, Sec. 2. )

    Verify source ↗

    Creates the Trade Corridor Enhancement Account in the State Transportation Fund and makes its funds available for expenditure only when the Legislature appropriates them.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.8. Trade Corridors Improvement Fund [2192 - 2192.4] ( Chapter 4.8 added by Stats. 2014, Ch. 787, Sec. 2. ) ## 2192.4. The Trade Corridor Enhancement Account is hereby created in the State Transportation Fund to receive funds from subdivision (b) of Section 60050 of the Revenue and Taxation Code, as adjusted. Funds in the account shall be available for expenditure upon appropriation by the Legislature for corridor-based freight projects nominated by local agencies and the state. (Added by Stats. 2017, Ch. 5, Sec. 42. (SB 1) Effective April 28, 2017.)
  141. 2196.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.9. Port-Related Cargo [2196 - 2196.3] ( Chapter 4.9 added by Stats. 2004, Ch. 941, Sec. 2. )

    Verify source ↗

    The Port of Los Angeles and the Port of Long Beach must evaluate changes to the goods movement network and collect statistics on port operations and compliance efforts.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.9. Port-Related Cargo [2196 - 2196.3] ( Chapter 4.9 added by Stats. 2004, Ch. 941, Sec. 2. ) ## 2196. The Port of Los Angeles and the Port of Long Beach shall evaluate changes to the goods movement network to gauge adherence by those ports to the state goals in subdivisions (i) and (j) of Section 1 of the statute enacting this chapter and shall collect statistics on the operation of the two ports regarding compliance with federal, state, and local efforts to achieve all of the following: (a) Utilization of off-peak hours at port terminals. For the purposes of this section, “off-peak hours” means Monday through Friday between the hours of 6 p.m. and 3 a.m., and all day on Saturdays and Sundays. (b) Utilization of distribution centers during off-peak hours. (c) Utilization of rail facilities. (d) Appointments made at port terminals during peak and off-peak hours through the appointment system as described in Chapter 1129 of the Statutes of 2002. (e) Appointments honored at port terminals during peak and off-peak hours. (Added by Stats. 2004, Ch. 941, Sec. 2. Effective January 1, 2005.)
  142. 2196.1.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.9. Port-Related Cargo [2196 - 2196.3] ( Chapter 4.9 added by Stats. 2004, Ch. 941, Sec. 2. )

    Verify source ↗

    The Port of Los Angeles and the Port of Long Beach must provide specified import and export statistical data, if practicable, to named state transportation recipients on a set reporting schedule.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.9. Port-Related Cargo [2196 - 2196.3] ( Chapter 4.9 added by Stats. 2004, Ch. 941, Sec. 2. ) ## 2196.1. The Port of Los Angeles and the Port of Long Beach, to the extent practicable, shall provide the statistical data on imports and exports obtained pursuant to Section 2196 to the Business, Transportation and Housing Agency, the Office of Goods Movement of the Department of Transportation, and the Assembly and Senate Committees on Transportation. That information shall be provided on or before January 31, 2006, and annually thereafter through 2008. (Amended by Stats. 2005, Ch. 187, Sec. 1. Effective January 1, 2006.)
  143. 2196.2.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.9. Port-Related Cargo [2196 - 2196.3] ( Chapter 4.9 added by Stats. 2004, Ch. 941, Sec. 2. )

    Verify source ↗

    The Transportation Agency must create and run funding mechanisms for port-related high-priority projects, and it may not use awarded funds for fully automated cargo handling equipment or for infrastructure supporting that equipment.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.9. Port-Related Cargo [2196 - 2196.3] ( Chapter 4.9 added by Stats. 2004, Ch. 941, Sec. 2. ) ## 2196.2. (a) Subject to the appropriation of funds for this purpose, the Transportation Agency, in consultation with the Department of Transportation, shall develop and administer contracts, grants, or other funding mechanisms to invest in port-specific high-priority projects that increase goods movement capacity on rail and roadways serving ports and at port terminals. (b) It is the intent of the Legislature that funds appropriated for this section achieve the following goals: (1) Improve the capacity of California ports to manage increasing volumes of freight and improve the efficiency of goods movement to, from, and through California ports. (2) Reduce greenhouse gas emissions and freight-related air pollution. (3) Promote transportation equity. (4) Maintain, enhance, and modernize the multimodal freight transportation system. (5) Grow the economic competitiveness of California’s freight sector through increased system efficiency and productivity. (6) Reduce freight-related deaths and injuries. (7) Improve system resilience by addressing infrastructure vulnerabilities associated with security threats, climate change, and natural disasters. (c) Of the funds appropriated for this section, no more than 2 percent may be used for state operations and other administrative costs, with the remaining funding to be used for investments in eligible projects. (d) Projects eligible for funding include, but are not limited to, the following: (1) Port-specific high-priority projects. (2) Intermodal railyard expansion and electrification. (3) Goods movement railway corridor capacity projects. (4) High-priority grade separations. (5) Zero-emission goods movement demonstration projects. (e) Funding for projects eligible pursuant to subdivision (a) shall be allocated to public agencies that administer or operate the projects as follows: (1) Seventy percent for infrastructure projects, each supporting goods movement related to the Port of Los Angeles, the Port of Long Beach, or both. (2) Thirty percent for other high-priority projects supporting ports and goods movement infrastructure in the rest of the state, including inland ports. (f) Public agencies may partner with private operators of projects, such as freight railroads, to implement an eligible project. (g) Funds awarded under this section shall not be used for the purchase of fully automated cargo handling equipment nor for infrastructure that is used to support fully automated cargo handling equipment. (h) (1) The Transportation Agency shall develop guidelines for project selection in consultation with the ports and other stakeholders consistent with the goals listed in subdivision (b). The guidelines shall be 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) In developing the guidelines pursuant to paragraph (1), and consistent with the goal of leveraging as much matching funding as possible as stated in subdivision (i), program guidelines may prioritize projects for which local, federal, or private match funding is available. (i) (1) It is the intent of the Legislature that the allocation of funding described in this section be used to leverage the maximum amount of federal funding and financing available to California from federal infrastructure credit programs through the Transportation Agency and the United States Department of Transportation Emerging Projects Agreement, from the federal Infrastructure Investment and Jobs Act 2021 (Public Law 117–58), and from other subsequent federal actions. (2) In developing the guidelines pursuant to paragraph (1) of subdivision (h), and consistent with the goal of leveraging as much matching funding as possible, the Transportation Agency may prioritize projects for which local, federal, or private match funding is available. (j) Notwithstanding subdivision (d), allocations pursuant to this section shall comply with the requirements of paragraph (3) of subdivision (c) of Section 2192. (k) The Transportation Agency shall, as part of the annual budget process, report to the Legislature on the implementation of this section. The report shall include, but not be limited to, the following information: (1) The number of grants awarded, the dollar value of those awards, and the location of those awards. (2) A description of the projects funded under this section, including the specific improvements funded and the likely impact of those projects on the port with which they are associated. (3) Any lessons learned from the implementation of this section, including opportunities for additional investments in California’s multimodal freight transportation system. (Added by Stats. 2022, Ch. 71, Sec. 13. (SB 198) Effective June 30, 2022.)
  144. 2196.3.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.9. Port-Related Cargo [2196 - 2196.3] ( Chapter 4.9 added by Stats. 2004, Ch. 941, Sec. 2. )

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    A lead applicant agency may ask for a letter of no prejudice, and the Transportation Agency may issue guidelines. Reimbursement is available only if the listed conditions are met.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 4.9. Port-Related Cargo [2196 - 2196.3] ( Chapter 4.9 added by Stats. 2004, Ch. 941, Sec. 2. ) ## 2196.3. (a) A lead applicant agency may apply to the Secretary of Transportation or the secretary’s designee for a letter of no prejudice for a project or for any component of a project included in the program of projects awarded by the Transportation Agency pursuant to Section 2196.2. If approved by the Secretary of Transportation or the secretary’s designee, the letter of no prejudice shall allow the lead applicant agency to expend its own moneys for the project or any component of the project and to be eligible for future reimbursement from moneys available for the program. (b) The amount expended under subdivision (a) shall be reimbursed by the state from moneys available for the program if all of the following conditions are met: (1) The project or project component for which the letter of no prejudice was requested has commenced, and the regional or local expenditures have been incurred. (2) The expenditures made by the lead applicant agency are eligible for reimbursement in accordance with applicable laws and procedures. If expenditures made by the lead applicant agency are determined to be ineligible, the state has no obligation to reimburse those expenditures. (3) The lead applicant agency complies with all legal requirements for the project, including the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (4) There are moneys designated for the program that are sufficient to make the reimbursement payment. (c) The lead applicant agency and the Transportation Agency shall enter into an agreement governing reimbursement as described in this section. The timing and final amount of reimbursement shall be dependent on the terms of the agreement and the availability of moneys for the program. (d) The Transportation Agency may develop guidelines to implement this section, which shall be 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). (e) This section shall become inoperative on June 30, 2033, and, as of January 1, 2034, is repealed. (Added by Stats. 2024, Ch. 53, Sec. 13. (AB 173) Effective July 2, 2024. Inoperative June 30, 2033, by its own provisions. Repealed as of January 1, 2034, by its own provisions.)
  145. 22.

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

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    This section defines “commission” as the California Transportation Commission unless the context requires otherwise, and treats references to the California Highway Commission as references to the California Transportation Commission.

    ## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. ) ## 22. Unless the particular provision or the context otherwise requires, “commission” means the California Transportation Commission. Any reference in any law or regulation to the California Highway Commission shall be deemed to refer to the California Transportation Commission. (Amended by Stats. 1980, Ch. 777, Sec. 1.)
  146. 22.5.

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

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    This section says two old agency titles in the Streets and Highways Code should be read as the Transportation Agency and the Secretary of Transportation.

    ## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. ) ## 22.5. Whenever the term “Business, Transportation and Housing Agency” appears within the Streets and Highways Code, it shall refer to the Transportation Agency, and whenever the term “Secretary of Business, Transportation and Housing” appears within the Streets and Highways Code, it shall refer to the Secretary of Transportation. (Added by Stats. 2013, Ch. 352, Sec. 515. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  147. 220.

    ## 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 7. Safety Roadside Rests [218 - 226.5] ( Article 7 added by Stats. 1963, Ch. 992. )

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    The department must design safety roadside rests that are reasonably economical and that give motorists a place to stop briefly day or night. These rests may include listed convenience facilities, but they must not include camping or recreational facilities.

    ## 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 7. Safety Roadside Rests [218 - 226.5] ( Article 7 added by Stats. 1963, Ch. 992. ) ## 220. In designing safety roadside rests, the department shall design only those safety roadside rests which are reasonably economical and which will provide the motorist a place where he may stop for a short time during daytime and nighttime hours. The Legislature recognizes that the size of such safety roadside rests, together with the facilities therein, will differ according to location and potential use. Such safety roadside rests may contain, among other things, depending upon the size and use thereof, parking places for vehicles, picnic tables, sanitary facilities, telephones, water, landscaping, tourist information panels, traveler service information facilities, and facilities for the distribution of current news. Such safety roadside rests shall not contain camping or recreational facilities. The safety roadside rests located on that portion of Route 5 in the Sacramento-San Joaquin Delta area may also contain displays and examples of California agriculture. (Amended by Stats. 1979, Ch. 378.)
  148. 220.5.

    ## 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 7. Safety Roadside Rests [218 - 226.5] ( Article 7 added by Stats. 1963, Ch. 992. )

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    The department must authorize vending machines in safety roadside rests, give preference to blind vendors in the specified program, approve required shelters or structures, and handle related costs and revenue transfers.

    ## 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 7. Safety Roadside Rests [218 - 226.5] ( Article 7 added by Stats. 1963, Ch. 992. ) ## 220.5. (a) The department shall authorize the placement of vending machines in safety roadside rests, unless prohibited by federal laws, rules, or regulations. (b) The department, pursuant to provisions contained in paragraph (5) of subsection (a) of Section 2 of the Act of June 20, 1936, commonly known as the Randolph-Sheppard Act, as amended (20 U.S.C. Sec. 107a(a)(5)), shall give preference for the placement of vending machines in safety roadside rest areas along state highways to vendors operating under the Business Enterprises Program for the Blind in accordance with Article 5 (commencing with Section 19625) of Chapter 6 of Part 2 of Division 10 of the Welfare and Institutions Code. (c) The department may determine which safety roadside rest areas are suitable for inclusion in the vending machine program and the appropriate location within each roadside rest area for the placement of the machines, and the department shall approve the design and construction of any shelter or structure that may be required for the machines. (d) (1) The department shall determine the costs for any maintenance, operations, design review, or other activities related to the vending machines and, except as provided in paragraph (2), shall be reimbursed for those costs from the revenues derived from the operation of the machines. (2) (A) The department shall not be reimbursed for utility costs incurred by vendors operating under the Business Enterprises Program for the Blind and shall pay for those utility costs using state funds. (B) For purposes of this paragraph, “utility costs” includes fees incurred for providing electricity service, water service, sewage service, or any other similar service. (e) Any money received by the department for authorizing the placement of, or from the income from, the vending machines shall be transferred to the State Highway Account. (Amended by Stats. 2015, Ch. 173, Sec. 1. (AB 1353) Effective January 1, 2016.)
  149. 2200.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Federal Aid for Secondary Highways [2200 - 2214] ( Chapter 5 added by Stats. 1953, Ch. 192. )

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    This chapter may be cited as the Federal-Aid Secondary Highways Act.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Federal Aid for Secondary Highways [2200 - 2214] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 2200. This chapter may be cited as the Federal-Aid Secondary Highways Act. (Amended by Stats. 1979, Ch. 580. Inoperative on date prescribed in Section 2202. Repealed on January 1 after inoperative date, pursuant to Section 2202.)
  150. 22000.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [22000 - 22014] ( Chapter 1 added by Stats. 1941, Ch. 79. )

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    This part may be cited as the Tree Planting Act of 1931.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [22000 - 22014] ( Chapter 1 added by Stats. 1941, Ch. 79. ) ## 22000. This part may be cited as the Tree Planting Act of 1931. (Added by Stats. 1941, Ch. 79.)
  151. 22001.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [22000 - 22014] ( Chapter 1 added by Stats. 1941, Ch. 79. )

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    This part must be interpreted liberally to carry out its purposes.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [22000 - 22014] ( Chapter 1 added by Stats. 1941, Ch. 79. ) ## 22001. This part shall be liberally construed to effectuate its purposes. (Added by Stats. 1941, Ch. 79.)
  152. 22002.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [22000 - 22014] ( Chapter 1 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    This part creates an alternative system for planting, maintaining, or removing trees in cities.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [22000 - 22014] ( Chapter 1 added by Stats. 1941, Ch. 79. ) ## 22002. This part provides an alternative system for the planting, maintaining or removing of trees in cities, and the provisions of this part shall not apply to or affect any other provisions of this code. When any proceedings are commenced under this part, the provisions of this part and no other shall apply to all such proceedings. (Added by Stats. 1941, Ch. 79.)
  153. 22003.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [22000 - 22014] ( Chapter 1 added by Stats. 1941, Ch. 79. )

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    This section says the chapter’s definitions and general provisions control how this part is interpreted, unless a specific provision or the context requires otherwise.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [22000 - 22014] ( Chapter 1 added by Stats. 1941, Ch. 79. ) ## 22003. Unless the particular provision or the context otherwise requires, the definitions and general provisions contained in this chapter shall govern the construction of this part. (Added by Stats. 1941, Ch. 79.)
  154. 22004.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [22000 - 22014] ( Chapter 1 added by Stats. 1941, Ch. 79. )

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    For any city that adopts this part, the city charter controls when this part conflicts with the charter or when the charter requires a different specific manner of doing something.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [22000 - 22014] ( Chapter 1 added by Stats. 1941, Ch. 79. ) ## 22004. The city charter of any city adopting the provisions of this part shall control if any provision of this part is contrary to or in conflict with the charter, or if any provision of the charter requires any matter or thing specified in this part to be done in a particularly described manner. (Added by Stats. 1941, Ch. 79.)
  155. 22005.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [22000 - 22014] ( Chapter 1 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    “City” includes corporations organized and existing for municipal purposes.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [22000 - 22014] ( Chapter 1 added by Stats. 1941, Ch. 79. ) ## 22005. “City” includes all corporations organized and existing for municipal purposes. (Added by Stats. 1941, Ch. 79.)
  156. 22006.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [22000 - 22014] ( Chapter 1 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    “Improvement” includes planting, maintaining, or removing trees, and related incidental acts.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [22000 - 22014] ( Chapter 1 added by Stats. 1941, Ch. 79. ) ## 22006. “Improvement” includes the planting, maintenance, or removal of trees, and any and all acts necessarily incident thereto. (Added by Stats. 1986, Ch. 195, Sec. 169.)
  157. 22007.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [22000 - 22014] ( Chapter 1 added by Stats. 1941, Ch. 79. )

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    For this code section, “city council” and “council” also mean any city body that is the legislative department by law.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [22000 - 22014] ( Chapter 1 added by Stats. 1941, Ch. 79. ) ## 22007. “City council” and “council” include any body which by law is the legislative department of the government of the city. (Added by Stats. 1941, Ch. 79.)
  158. 22008.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [22000 - 22014] ( Chapter 1 added by Stats. 1941, Ch. 79. )

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    “Board” is defined as a park-related municipal authority responsible for overseeing parks, trees, shrubs, and vegetation in a city.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [22000 - 22014] ( Chapter 1 added by Stats. 1941, Ch. 79. ) ## 22008. “Board” means a board of park commissioners, park department, or other similar municipal authority, whether composed of one or more individuals, having control of or jurisdiction over, or charged with the duty of superintending, directing, planting, maintaining, removing and otherwise caring for the parks, trees, shrubs and vegetation within a city. (Added by Stats. 1941, Ch. 79.)
  159. 22009.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [22000 - 22014] ( Chapter 1 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    “Tree” includes all varieties of trees, shrubs, and other ornamental vegetation.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [22000 - 22014] ( Chapter 1 added by Stats. 1941, Ch. 79. ) ## 22009. “Tree” includes all varieties of trees, shrubs and other ornamental vegetation. (Added by Stats. 1941, Ch. 79.)
  160. 2201.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Federal Aid for Secondary Highways [2200 - 2214] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    This section says the chapter’s purpose is to implement federal-aid highway programs in the state, and it authorizes the commission, the department, and boards of supervisors to do what is necessary to secure federal funds within their jurisdictions.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Federal Aid for Secondary Highways [2200 - 2214] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 2201. Various federal-aid highway acts have authorized appropriations for various programs for projects on secondary roads within this state. The purpose of this chapter is to implement such programs in this state. The commission, the department, and boards of supervisors are authorized to do all things necessary in their jurisdictions to secure such federal funds in accordance with the intent of the federal law and of this chapter. (Repealed and added by Stats. 1979, Ch. 580. Inoperative on date prescribed in Section 2202. Repealed on January 1 after inoperative date, pursuant to Section 2202.)
  161. 22010.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [22000 - 22014] ( Chapter 1 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    “Street” is defined as a city area set aside for public travel, including sidewalks, the center, and side plots.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [22000 - 22014] ( Chapter 1 added by Stats. 1941, Ch. 79. ) ## 22010. “Street” means all or any portion of territory within a city set apart and designated for the use of the public as a thoroughfare for travel, and includes the sidewalks, the center and the side plots thereof. (Added by Stats. 1941, Ch. 79.)
  162. 22011.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [22000 - 22014] ( Chapter 1 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    This section defines “lot line” as the boundary line between the part of a lot or parcel used for individual occupancy and the street.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [22000 - 22014] ( Chapter 1 added by Stats. 1941, Ch. 79. ) ## 22011. “Lot line” means the boundary line separating that portion of a lot or parcel of land set apart for individual use and occupancy from the street. (Added by Stats. 1941, Ch. 79.)
  163. 22012.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [22000 - 22014] ( Chapter 1 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    In this section, “maintain” for trees includes care actions like clipping, spraying, fertilizing, irrigating, propping, and treating disease or injury.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [22000 - 22014] ( Chapter 1 added by Stats. 1941, Ch. 79. ) ## 22012. “Maintain” or any of its variants when used in reference to trees includes clipping, spraying, fertilizing, irrigating, propping, treating for disease or injury, and other similar acts which promote the life, growth, health and beauty of trees. (Added by Stats. 1941, Ch. 79.)
  164. 22013.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [22000 - 22014] ( Chapter 1 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    “Tax collector” includes any city assessment-collecting body, board, bureau, or officer.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [22000 - 22014] ( Chapter 1 added by Stats. 1941, Ch. 79. ) ## 22013. “Tax collector” includes any body, board, bureau or officer charged with the duty of collecting assessments for a city. (Added by Stats. 1941, Ch. 79.)
  165. 22014.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [22000 - 22014] ( Chapter 1 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    Proceedings under this part are valid without any publication or notice other than what this part requires.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 1. General Provisions [22000 - 22014] ( Chapter 1 added by Stats. 1941, Ch. 79. ) ## 22014. No publication or notice other than that provided for in this part shall be necessary to give validity to any proceedings had hereunder. (Added by Stats. 1941, Ch. 79.)
  166. 2202.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Federal Aid for Secondary Highways [2200 - 2214] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    This chapter stays in effect until the director decides all federal aid for secondary highways has been spent, then sends notice to the Secretary of State; the chapter is repealed the following January 1.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Federal Aid for Secondary Highways [2200 - 2214] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 2202. The Legislature recognizes that federal aid for secondary highways was deleted from federal law by the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240), and that a period of time is required to account for expenditures of federal funds provided for these purposes under previous federal transportation acts. This chapter shall remain in effect until the director determines that apportionments of all federal aid for secondary highways have been expended. Upon making that determination, the director shall submit a notice to that effect to the Secretary of State, and this chapter shall be repealed on January 1 following the receipt of that notice by the Secretary of State. (Added by Stats. 1992, Ch. 1177, Sec. 12. Effective September 30, 1992. Repealed on date prescribed by its own provisions. Note: Termination clause affects Chapter 5, comprising Sections 2200 to 2214.)
  167. 2203.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Federal Aid for Secondary Highways [2200 - 2214] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    This section defines “county highway” for this chapter.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Federal Aid for Secondary Highways [2200 - 2214] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 2203. As used in this chapter, “county highway” means a county highway, as defined by Section 25, which is on the system of secondary and feeder roads as defined by Section 103(c) of Title 23 of the United States Code. (Amended by Stats. 1979, Ch. 580. Inoperative on date prescribed in Section 2202. Repealed on January 1 after inoperative date, pursuant to Section 2202.)
  168. 22030.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. Administration [22030 - 22035] ( Chapter 2 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The board has authority over trees planted or to be planted under this part and may plant, maintain, and remove them.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. Administration [22030 - 22035] ( Chapter 2 added by Stats. 1941, Ch. 79. ) ## 22030. The board in addition to the authority otherwise conferred upon it shall have full power and authority over the trees planted, or to be planted, pursuant to the provisions of this part, and may plant, maintain and remove such trees. (Added by Stats. 1941, Ch. 79.)
  169. 22031.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. Administration [22030 - 22035] ( Chapter 2 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The board may make rules about planting, maintaining, and removing the trees, and may recommend ordinances to the city council to protect them.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. Administration [22030 - 22035] ( Chapter 2 added by Stats. 1941, Ch. 79. ) ## 22031. The board may establish rules and regulations relating to the planting, maintenance and removal of the said trees and may recommend to the city council the enactment of any ordinances the board deems necessary to protect such trees. (Added by Stats. 1941, Ch. 79.)
  170. 22032.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. Administration [22030 - 22035] ( Chapter 2 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The board may appoint and employ a city forester, and may set the term, compensation, qualifications, and removal of the position in certain cases.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. Administration [22030 - 22035] ( Chapter 2 added by Stats. 1941, Ch. 79. ) ## 22032. The board may appoint and employ a qualified person to be designated as city forester or by some similar title, to take charge of and direct, subject to the supervision and control of the board, all of the work authorized to be done under this part. The board may, if a city forester has not been appointed, fix the term of and compensation for the position of city forester, and determine the qualifications and fitness of applicants for the position and remove at pleasure persons so appointed and employed. If the method of employing and compensating a city forester is otherwise regulated by law or ordinance the law or the ordinance shall govern and control as to such matters. (Added by Stats. 1941, Ch. 79.)
  171. 22033.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. Administration [22030 - 22035] ( Chapter 2 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The board may hire assistants, set their pay, buy needed equipment, and incur other necessary expenses for the work.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. Administration [22030 - 22035] ( Chapter 2 added by Stats. 1941, Ch. 79. ) ## 22033. The board may: (a) Employ, or authorize the city forester to employ, as many assistants as it deems necessary to carry on the work. (b) Fix the compensation of the assistants. (c) Purchase the necessary machinery, tools and implements, for the proper conduct of the work, such purchases to be made in the manner provided by law or ordinance, and only out of funds available for expenditure by the board for that purpose. (d) Incur such other expenses as it deems necessary for the conduct of the work. (Added by Stats. 1941, Ch. 79.)
  172. 22034.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. Administration [22030 - 22035] ( Chapter 2 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The board or city council must put enough money in the annual budget to cover the next fiscal year’s work expenses, including the city forester and other employees, except amounts assessable to abutting property.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. Administration [22030 - 22035] ( Chapter 2 added by Stats. 1941, Ch. 79. ) ## 22034. The board, or the city council, shall include in the annual budget of the board the amount of money necessary to meet the expenses of doing the work during the following fiscal year, including the compensation of the city forester and other employees, but excepting so much of the expense of doing the work as is assessable to abutting property, in accordance with the provisions of this part. The taxes levied for such purposes shall be in addition to any other taxes for park or street improvement purposes. If these expenditures are already provided for by law or by ordinance, then the law or the ordinance shall govern and control. (Added by Stats. 1941, Ch. 79.)
  173. 22035.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. Administration [22030 - 22035] ( Chapter 2 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The city forester must supervise and direct board-authorized work, and may plant, maintain, and remove trees covered by the board’s authority.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 2. Administration [22030 - 22035] ( Chapter 2 added by Stats. 1941, Ch. 79. ) ## 22035. The city forester shall take charge of and direct, subject to the supervision and control of the board, all of the work authorized to be done by the board and may plant, maintain, and remove all trees over which the board is given power and authority by this part. (Added by Stats. 1941, Ch. 79.)
  174. 2204.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Federal Aid for Secondary Highways [2200 - 2214] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    In this chapter, “county” does not include a city and county.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Federal Aid for Secondary Highways [2200 - 2214] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 2204. As used in this chapter, “county” does not include a city and county. (Added by Stats. 1953, Ch. 192. Inoperative on date prescribed in Section 2202. Repealed on January 1 after inoperative date, pursuant to Section 2202.)
  175. 2206.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Federal Aid for Secondary Highways [2200 - 2214] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    This section defines “match” for this chapter as paying project costs that are not paid from federal funds.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Federal Aid for Secondary Highways [2200 - 2214] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 2206. As used in this chapter, “match” means to provide for the payment of the cost of any project to the extent that such cost is not to be paid from federal funds. (Added by Stats. 1953, Ch. 192. Inoperative on date prescribed in Section 2202. Repealed on January 1 after inoperative date, pursuant to Section 2202.)
  176. 22060.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Removal of Trees [22060 - 22062] ( Chapter 3 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The board may remove trees or parts of trees that are dead, likely to fall, dangerous, or blocking public travel.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Removal of Trees [22060 - 22062] ( Chapter 3 added by Stats. 1941, Ch. 79. ) ## 22060. The board may remove any tree or any part thereof which appears to be dead, is liable to fall, is dangerous or is an obstruction to public travel, whether or not the tree is on any private property and overhangs or projects into any street or is in any street, park, parkway or other public grounds of the city. (Added by Stats. 1941, Ch. 79.)
  177. 22061.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Removal of Trees [22060 - 22062] ( Chapter 3 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    A tree may not be wholly cut down or removed unless 10 days’ written notice is given, except in cases of manifest public danger and immediate necessity.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Removal of Trees [22060 - 22062] ( Chapter 3 added by Stats. 1941, Ch. 79. ) ## 22061. Except in the case of manifest public danger and immediate necessity, no such tree shall be wholly cut down or removed unless 10 days’ notice in writing is given to the owner, tenant, or occupant, or agent of the owner, tenant or occupant of the land upon which the tree is situate. (Added by Stats. 1941, Ch. 79.)
  178. 22062.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Removal of Trees [22060 - 22062] ( Chapter 3 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    If the owner, tenant, occupant, or agent objects in writing within 7 days after notice, the board must hear them and then approve the tree’s removal in writing before the tree can be cut down or removed.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 3. Removal of Trees [22060 - 22062] ( Chapter 3 added by Stats. 1941, Ch. 79. ) ## 22062. If the owner, tenant, occupant, or agent, within seven days after the giving of the notice, files with the board his objections in writing to the removal, the tree shall not be cut down or removed unless the board gives the owner, tenant, occupant, or agent a reasonable opportunity to be heard and shall thereafter approve in writing the removal of the tree. (Added by Stats. 1941, Ch. 79.)
  179. 2208.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Federal Aid for Secondary Highways [2200 - 2214] ( Chapter 5 added by Stats. 1953, Ch. 192. )

    Verify source ↗

    The department must apportion certain federal-aid secondary highway funds, and at least 98% must be distributed among counties using the stated formula and the latest federal census figures.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Federal Aid for Secondary Highways [2200 - 2214] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 2208. Funds apportioned to this state pursuant to subdivision (b)(2) of Section 104 of Title 23 of the United States Code for the Federal-Aid Secondary System shall be apportioned by the department. At least 98 percent of such funds shall be apportioned among the counties in the manner and in accordance with the formula set forth in that subdivision, except that the census figures used in making the apportionment shall be those contained in the latest available federal census. (Repealed and added by Stats. 1979, Ch. 580. Inoperative on date prescribed in Section 2202. Repealed on January 1 after inoperative date, pursuant to Section 2202.)
  180. 22080.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Undertaking the Improvement [22080 - 22096] ( Chapter 4 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    When the board proposes tree planting, maintenance, or removal in city streets, the city forester must submit the proposal in writing to the city council.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Undertaking the Improvement [22080 - 22096] ( Chapter 4 added by Stats. 1941, Ch. 79. ) ## 22080. When the board proposes the planting, maintenance or removal of any trees in any streets of the city, the city forester, under the direction of the board, shall present the proposal in writing to the city council. The proposal shall: (a) Specify in detail the streets upon which the improvement is proposed to be made. (b) Describe the general nature of the improvement. (c) Give the estimated total cost of the improvement. (d) Specify the kinds of trees to be planted, if any. (Added by Stats. 1941, Ch. 79.)
  181. 22081.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Undertaking the Improvement [22080 - 22096] ( Chapter 4 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    A proposal must include a diagram showing the streets to be improved, the adjoining lots or parcels, each parcel’s front footage, and the legal description of each parcel.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Undertaking the Improvement [22080 - 22096] ( Chapter 4 added by Stats. 1941, Ch. 79. ) ## 22081. The proposal shall be accompanied by a diagram showing: (a) The streets to be improved. (b) The abutting lots or parcels of land and the front footage of each. (c) The legal description of each such lot or parcel of land. (Added by Stats. 1941, Ch. 79.)
  182. 22082.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Undertaking the Improvement [22080 - 22096] ( Chapter 4 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    Each lot or parcel is to be assessed separately based on frontage at a rate per front foot that covers its share of the work’s total cost and expense.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Undertaking the Improvement [22080 - 22096] ( Chapter 4 added by Stats. 1941, Ch. 79. ) ## 22082. Each lot or parcel of land shall be separately assessed in proportion to its frontage at a rate per front foot sufficient to cover that proportion of the total cost and expense of the work which is to be paid for by means of special assessments. (Added by Stats. 1941, Ch. 79.)
  183. 22083.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Undertaking the Improvement [22080 - 22096] ( Chapter 4 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    A tree-planting, maintenance, or removal proceeding may be started by petition to the council of property owners, and after the petition is filed the city forester must file a diagram with the city council.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Undertaking the Improvement [22080 - 22096] ( Chapter 4 added by Stats. 1941, Ch. 79. ) ## 22083. A proceeding for the planting, maintenance, or removal of trees may also be instituted by a petition to the council of property owners whose property will be among that to be assessed to pay the cost of the proposed improvement. Upon such petition being filed the city forester shall file with the city council a diagram similar to the one accompanying a written proposal of the board for similar improvements, which shall describe the improvement proposed by the petition. (Added by Stats. 1941, Ch. 79.)
  184. 22084.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Undertaking the Improvement [22080 - 22096] ( Chapter 4 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The board or city forester may plant, maintain, or remove trees in city streets through a private reimbursement arrangement with the landowner.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Undertaking the Improvement [22080 - 22096] ( Chapter 4 added by Stats. 1941, Ch. 79. ) ## 22084. The board or the city forester may plant, maintain, or remove any trees in any street of the city by private arrangement for reimbursement with the owner of any lot or parcel of land upon which or fronting upon which the trees are situate. (Added by Stats. 1941, Ch. 79.)
  185. 22085.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Undertaking the Improvement [22080 - 22096] ( Chapter 4 added by Stats. 1941, Ch. 79. )

    Verify source ↗

    The board or city forester may use funds on hand to plant, maintain, or remove trees, if they judge the spending is appropriate and not disruptive to their duties.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Undertaking the Improvement [22080 - 22096] ( Chapter 4 added by Stats. 1941, Ch. 79. ) ## 22085. The board or the city forester may expend any funds which it may have on hand to plant, maintain, or remove trees. The board or city forester may expend such funds if in its judgment the expenditures will not embarrass or affect the efficient discharge of its duties as defined by this part, or any other law or ordinance, and are advisable and for the best interests of the public. Any planting, maintenance, or removal done under the circumstances specified in this section shall not require the initiation of any proceedings as elsewhere specified in this part, or any other proceedings, or any formal action by the board or by the city council. (Added by Stats. 1941, Ch. 79.)
  186. 22086.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Undertaking the Improvement [22080 - 22096] ( Chapter 4 added by Stats. 1941, Ch. 79. )

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    Before ordering an improvement, the city council must adopt a resolution of intention.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Undertaking the Improvement [22080 - 22096] ( Chapter 4 added by Stats. 1941, Ch. 79. ) ## 22086. Before ordering any improvement specified in either the written proposal of the board or in the petition of property owners, the city council shall adopt a resolution of intention declaring its intention so to do, briefly describing the improvement, the streets which are to be improved, the general nature and the estimated costs and expenses thereof, the kinds of trees to be planted, if any, and fixing a time when the city council shall hear and pass upon protests against the improvement. (Added by Stats. 1941, Ch. 79.)
  187. 22087.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Undertaking the Improvement [22080 - 22096] ( Chapter 4 added by Stats. 1941, Ch. 79. )

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    If a proposal or petition includes tree maintenance, the resolution must provide for maintaining the trees for the period stated in the proposal, up to five years.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Undertaking the Improvement [22080 - 22096] ( Chapter 4 added by Stats. 1941, Ch. 79. ) ## 22087. If the proposal or the petition contains a provision for the maintenance of trees which are already planted or are proposed to be planted, the resolution shall provide for the maintenance of the trees for the period specified in the proposal, but in any event not to exceed five years. (Added by Stats. 1941, Ch. 79.)
  188. 22088.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Undertaking the Improvement [22080 - 22096] ( Chapter 4 added by Stats. 1941, Ch. 79. )

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    The city council may order that all or part of an improvement’s costs be paid from the city treasury using funds it designates.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Undertaking the Improvement [22080 - 22096] ( Chapter 4 added by Stats. 1941, Ch. 79. ) ## 22088. The city council may order in the resolution of intention, or thereafter, that all or a specified portion of the costs and expenses of the improvement shall be paid out of the treasury of the city from any funds which the city council may designate. (Added by Stats. 1941, Ch. 79.)
  189. 22089.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Undertaking the Improvement [22080 - 22096] ( Chapter 4 added by Stats. 1941, Ch. 79. )

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    Property owners who will be assessed for a proposed improvement may object in writing to the city council before the hearing time.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Undertaking the Improvement [22080 - 22096] ( Chapter 4 added by Stats. 1941, Ch. 79. ) ## 22089. Owners of property which will be assessed to pay the cost of the proposed improvement may protest against the improvement by filing their objections in writing with the city council at any time before the time fixed for the hearing thereof. (Added by Stats. 1941, Ch. 79.)
  190. 2209.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Federal Aid for Secondary Highways [2200 - 2214] ( Chapter 5 added by Stats. 1953, Ch. 192. )

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    A county may exchange certain highway apportionments for nonfederal funds if the apportionment is below 1% or above 3.5% of all county allocations, and the exchange funds may be used for highway construction.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Federal Aid for Secondary Highways [2200 - 2214] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 2209. If the annual apportionment to a county pursuant to Section 2208 is less than 1 percent of the total of such allocations to all counties, the county may exchange its apportionment for an equal amount of nonfederal funds in the State Highway Account in the State Transportation Fund. If the apportionment to a county is more than 31/2 percent of the total of such allocations to all counties, the county may exchange that portion of its apportionment in excess of the 31/2 percent for an equal amount of nonfederal funds in the State Highway Account. Exchange funds received by a county pursuant to this section may be used for any highway construction purpose. (Repealed and added by Stats. 1979, Ch. 580. Inoperative on date prescribed in Section 2202. Repealed on January 1 after inoperative date, pursuant to Section 2202.)
  191. 22090.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Undertaking the Improvement [22080 - 22096] ( Chapter 4 added by Stats. 1941, Ch. 79. )

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    The city council must mail notice and set the time and date for a public meeting and hearing. If new or increased assessments are proposed, it must also follow the notice, protest, and hearing procedures in Government Code Section 53753.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Undertaking the Improvement [22080 - 22096] ( Chapter 4 added by Stats. 1941, Ch. 79. ) ## 22090. The city council shall cause notice to be mailed and set the time and date for a public meeting and public hearing pursuant to Section 54954.6 of the Government Code. If new or increased assessments are proposed, the city council shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code. (Amended by Stats. 2000, Ch. 262, Sec. 48. Effective January 1, 2001.)
  192. 22092.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Undertaking the Improvement [22080 - 22096] ( Chapter 4 added by Stats. 1941, Ch. 79. )

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    A majority protest can stop the improvement proceedings, prevent renewal for six months, and require city council compliance with Section 53753 protest procedures if a new or increased assessment is proposed.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Undertaking the Improvement [22080 - 22096] ( Chapter 4 added by Stats. 1941, Ch. 79. ) ## 22092. If the owners of a majority of the front footage involved in the improvement object to the improvement, all further proceedings shall be terminated. If there is a majority protest the proceeding shall not be renewed for a period of six months, and then shall only be renewed by the adoption of another resolution of intention. If a new or increased assessment is proposed, the city council shall comply with the protest procedures in Section 53753 of the Government Code. (Amended by Stats. 2000, Ch. 262, Sec. 49. Effective January 1, 2001.)
  193. 22093.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Undertaking the Improvement [22080 - 22096] ( Chapter 4 added by Stats. 1941, Ch. 79. )

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    The city council must hear and decide all protests filed with it on the date fixed for the hearing of protests.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Undertaking the Improvement [22080 - 22096] ( Chapter 4 added by Stats. 1941, Ch. 79. ) ## 22093. On the date fixed by the resolution of intention for the hearing of protests, the city council shall proceed to hear and pass on all protests filed with it, and its decision thereon shall be final and conclusive. (Added by Stats. 1941, Ch. 79.)
  194. 22094.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Undertaking the Improvement [22080 - 22096] ( Chapter 4 added by Stats. 1941, Ch. 79. )

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    After the hearing, the city forester must either abandon the improvement or proceed with it, following the city council’s decision and under the board’s supervision.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Undertaking the Improvement [22080 - 22096] ( Chapter 4 added by Stats. 1941, Ch. 79. ) ## 22094. After the hearing, the city forester, under the direction and supervision of the board, shall abandon the improvement or proceed with it, according to the decision of the city council. (Added by Stats. 1941, Ch. 79.)
  195. 22095.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Undertaking the Improvement [22080 - 22096] ( Chapter 4 added by Stats. 1941, Ch. 79. )

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    If the council decides to proceed with the improvement, it must order the improvement by resolution, following the resolution of intention or making changes it considers best.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Undertaking the Improvement [22080 - 22096] ( Chapter 4 added by Stats. 1941, Ch. 79. ) ## 22095. If the council decides to proceed with the improvement, it shall, by resolution order the improvement to be made according to the resolution of intention, or with such alterations or changes as it may deem best. (Added by Stats. 1941, Ch. 79.)
  196. 22096.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Undertaking the Improvement [22080 - 22096] ( Chapter 4 added by Stats. 1941, Ch. 79. )

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    After any city contribution is deducted, the remaining assessable cost of the street improvement is charged and assessed against the lots or parcels abutting the improved street.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 4. Undertaking the Improvement [22080 - 22096] ( Chapter 4 added by Stats. 1941, Ch. 79. ) ## 22096. After deducting any contribution to be made by the city, the balance of the entire assessable cost of the improvement between the lot lines, in front of any lot or parcel of land abutting on a street which is to be improved, shall be chargeable to and assessed upon those lots or parcels of land. (Amended by Stats. 2000, Ch. 262, Sec. 50. Effective January 1, 2001.)
  197. 221.

    ## 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 7. Safety Roadside Rests [218 - 226.5] ( Article 7 added by Stats. 1963, Ch. 992. )

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    The department must, when feasible, post missing-children information at appropriate safety roadside rests.

    ## 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 7. Safety Roadside Rests [218 - 226.5] ( Article 7 added by Stats. 1963, Ch. 992. ) ## 221. The department shall, to the extent feasible, post at appropriate safety roadside rests information regarding missing children provided by the Department of Justice pursuant to Section 11114.1 of the Penal Code. (Added by Stats. 1986, Ch. 249, Sec. 13. Effective July 3, 1986.)
  198. 2210.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Federal Aid for Secondary Highways [2200 - 2214] ( Chapter 5 added by Stats. 1953, Ch. 192. )

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    The commission must allocate matching highway funds to each county, subject to a yearly cap and a 50% formula.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Federal Aid for Secondary Highways [2200 - 2214] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 2210. From nonfederal funds in the State Highway Account in the State Transportation Fund appropriated to match the funds apportioned pursuant to Section 2208, the commission shall allocate to each county an amount, not to exceed one hundred thousand dollars ($100,000) each fiscal year, equal to 50 percent of the amount allocated to the county pursuant to that section. The amount shall not be reduced by any exchange of funds made pursuant to Section 2209. All funds allocated pursuant to this section shall be included in the computation of compliance with the requirements of Section 188. Funds allocated pursuant to this section shall be used to match federal funds. Any excess may be used for any highway construction purpose. (Repealed and added by Stats. 1979, Ch. 580. Inoperative on date prescribed in Section 2202. Repealed on January 1 after inoperative date, pursuant to Section 2202.)
  199. 2211.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Federal Aid for Secondary Highways [2200 - 2214] ( Chapter 5 added by Stats. 1953, Ch. 192. )

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    The department must tell each county each year how much federal highway money is available, and each county must respond within 60 days, claim the amount it wants, and agree to provide matching funds.

    ## Streets and Highways Code - SHC ## DIVISION 3. APPORTIONMENT AND EXPENDITURE OF HIGHWAY FUNDS [2004.5 - 2704.79] ( Heading of Division 3 amended by Stats. 1953, Ch. 192. ) ## CHAPTER 5. Federal Aid for Secondary Highways [2200 - 2214] ( Chapter 5 added by Stats. 1953, Ch. 192. ) ## 2211. The department shall notify each county, as soon as possible each year, of the amount of money to be available for expenditure in the county from the federal apportionment and of the amount of money to be made available pursuant to Section 2210. After receiving notice of apportionment from the department, each county shall have 60 days in which to notify the department as to what amount of the apportionment the county wishes to claim and to agree to provide matching funds therefor. The counties, in cooperation with the department, shall thereafter select projects in conformance with federal law. The counties shall prepare plans, specifications, and estimates of cost for construction of the projects, and shall certify the necessary right-of-way and shall submit such documents to the department to qualify for the federal funds. (Amended by Stats. 1979, Ch. 580. Inoperative on date prescribed in Section 2202. Repealed on January 1 after inoperative date, pursuant to Section 2202.)
  200. 22110.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5. Performing the Work [22110- 22110.] ( Chapter 5 added by Stats. 1941, Ch. 79. )

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    The city forester must do, or arrange to have done, all work ordered by the city council under this part, and must do so under the board’s direction.

    ## Streets and Highways Code - SHC ## DIVISION 15. TREE PLANTING, LANDSCAPING, AND LIGHTING [22000 - 22679] ( Heading of Division 15 amended by Stats. 1972, Ch. 630. ) ## PART 1. TREE PLANTING ACT OF 1931 [22000 - 22202] ( Part 1 added by Stats. 1941, Ch. 79. ) ## CHAPTER 5. Performing the Work [22110- 22110.] ( Chapter 5 added by Stats. 1941, Ch. 79. ) ## 22110. The city forester, under the direction of the board, shall do, or cause to be done, all of the work ordered to be done by the city council under this part. (Added by Stats. 1986, Ch. 195, Sec. 170.)

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