Streets and Highways Code, 1935

Certain transportation agencies and the department may nominate projects for program funding, and the commission may allocate no more than half of yearly funds to projects nominated only by the department.

Project nominations must include supporting documentation, and nominated projects must be included in the regional transportation plan. Projects in a metropolitan planning organization must be in an adopted plan that includes a sustainable communities strategy.

The commission must allocate program funds to projects only after reviewing corridor plans and determining that a proposed project is consistent with the corridor plan objectives. It must also score proposed projects on listed criteria.

The commission must adopt an initial project program, and later programs must be adopted every two years, with updates allowed.

The commission must develop and adopt program guidelines, hold public hearings in northern and southern California before adoption, and wait at least 30 days after sharing proposed guidelines with specified legislative committees before adopting final guidelines.

The commission must give annual project update reports and send a copy to specified legislative committees.

This provision defines “State highway” for this code.

This chapter may be cited as the Bridge Reconstruction and Replacement Act.

This section sets out California’s bridge replacement program and allows certain state and local bodies to take necessary steps to secure federal funds for eligible highways and streets.

The department, cities, and counties may cooperate with the federal government on bridge inventories or classifications when the federal government requests it.

The department must confer with cities and counties, then recommend state and local projects and take other lawful action to comply with this chapter as far as federal law allows.

Boards of supervisors, city councils, and the department may enter cooperative agreements and take other necessary steps to secure federal aid for the Special Bridge Replacement Program.

The department may allocate certain federal bridge funds to counties and cities, and counties and cities may use available funds to match those funds if federal law does not prohibit it.

The department must speed up bridge replacement projects, and the commission and department must follow federal design standards for those projects unless the commission exempts a project by resolution after a public hearing for safety or cost reasons.

This chapter may be cited as the Transportation Economic Stimulus Act of 2009.

This section states legislative findings and intent about using federal highway stimulus funds quickly, prioritizing repair and rehabilitation projects, and keeping contracting under oversight.

The Legislature appropriates highway stimulus funds to the department and authorizes the Department of Finance to schedule or adjust those appropriations. The Director of Finance must report the funding schedule within 90 days and notify the Legislature 30 days before any schedule change takes effect.

This section directs how certain federal highway stimulus funds are split and used, including minimum amounts, project priorities, reporting, and restrictions on exchanging or loaning funds.

Covered transportation agencies and jurisdictions must follow FHWA reporting rules and share the same data with the state department on the same schedule.

This section defines key terms for grade separation projects and sets conditions for when projects may include nonmotorized traffic separation or must be built to allow future two-track expansion.

A separation-of-grade district must get written consent from the city, or the county in unincorporated territory, before applying to the commission for an allocation for a project.

The Public Utilities Commission must create a yearly priority list of projects needing separation or alteration before July 1.

The California Transportation Commission must make allocations for eligible grade separation projects, including preconstruction and construction costs, and must satisfy Sections 2456 and 2457 first when allocating to a local agency.

The department may submit comments and recommendations to the commission on projects when an allocation is to be made.

This section sets how grade separation project allocations are calculated, capped, and conditioned on railroad contributions and project limits.

This project is eligible for a grade-separation allocation, and eligibility cannot depend on whether the railroad agrees to contribute.

After an allocation by the commission, the local agency and the department must make an agreement on handling and accounting for the funds.

A local agency must provide satisfactory evidence before an allocation for construction costs can be made.

Preconstruction costs can be counted in project cost, and a local agency may advertise for bids and start construction while still keeping its chance to receive an allocation if the allocation is made in the same fiscal year.

The commission may cancel a construction allocation if no contract is awarded within two years, and preconstruction allocations may also be canceled if progress is insufficient.

If a project costs less than estimated, its allocation must be reduced and the excess returned to the chapter’s fund. If it costs more than estimated, the allocation must be increased proportionately by a supplemental allocation, but only if the commission is satisfied the project would have been funded at the needed level based on actual costs.

When projects exceed available chapter funds, allocations must go to the projects highest on the priority list. The commission may also allocate to any project if enough funds remain for all higher-priority projects that are eligible or expected to become eligible during the fiscal year.

The commission must offer remaining highway funds to the next eligible project, then make up any shortfall to the local agency in the next fiscal year, and it cannot exceed the Section 2454(c) cap for a single project without specific legislative authorization.

A local agency may build a priority-list project before it is high enough priority for funding, but later funding depends on meeting department-set terms and getting prior approval from the California Transportation Commission.

Certain state highway project allocations are treated as expenditures in the county where the project is located.

This section defines “county highway” for this code.

The section declares that California should establish and build a statewide system of freeways and expressways, including connecting routes.

This chapter may be cited as the Rural Highway Public Transportation Act.

This part may be cited as the Joint Highway District Act.

Chapter definitions and general provisions govern how this part is interpreted, unless the particular provision or context requires otherwise.

“District” means a joint highway district unless the context clearly indicates otherwise.

This section defines “improvement” to include laying out, construction, improvement, and maintenance of public highways and related appurtenances, including tunnels used for highway purposes.

This section says the part applies only to certain highway districts.

Districts organized or existing before August 14, 1931 may continue operating and handling their obligations under the laws that applied to them before that date.

This section says the part should be interpreted liberally, and procedural mistakes that do not affect the board of directors’ jurisdiction do not invalidate proceedings, bonds, or related taxes.

Local boards, city councils, and the department may take necessary and proper actions in their jurisdictions to secure federal funds for rural highway public transportation projects.

Districts made up of two or more counties may be created under this part to improve public highways.

A county board of supervisors may start proceedings to create a district by adopting a resolution with specific required recitals.

After a resolution is adopted, the board of supervisors must appoint one of its members to represent the county on the district’s board of directors.

The clerk of the board of supervisors must send certified copies of an adopted resolution to the clerks of the boards of supervisors of the other counties named in it.

County boards of supervisors must consider whether to create and organize the proposed district, then vote by resolution to reject or approve it.

This chapter defines “rural areas” by reference to Section 101 of Title 23 of the United States Code.

A resolution approving a proposed highway district must name and appoint a county board of supervisors member to represent the county on the district board of directors, and a certified copy must be sent to the clerk of the board of supervisors that started the proceedings.

If the county board of supervisors adopts the original resolution starting the proceedings, that counts as sufficient approval for the county.

After receiving the required county approvals, the board of supervisors must adopt a resolution creating and organizing the district and naming its counties.

After adopting the resolution to create and organize the district, the board of supervisors must file a certified copy with the Secretary of State; then the district comes into existence and has the powers granted in this part.

The Secretary of State must send a district organization certificate to the county board clerk, and the clerk must notify specified officials within 10 days after receiving it.

Districts must be numbered by the Secretary of State, and the Secretary of State must keep a list and register of the districts.

Older highway districts may reorganize under this part, and the board of directors must follow a resolution-and-transmittal process.

The department must establish operating procedures and take other appropriate actions to comply with this chapter and applicable laws, rules, and regulations.

A district, acting through its board of directors, has power to improve highways, issue bonds, levy taxes, accept gifts, use eminent domain, hire labor and services, manage funds, sue and be sued, adopt a seal, and exercise other granted or implied powers.

The State, the counties in the district, or a city in the district may convey certain land, highways, or rights of way to the district.

Applications for federal funds for rural public mass transportation projects must be submitted through the department.

The department may authorize the Controller to pay claimants for certain rural public mass transportation project work before a formal grant agreement is signed, if specified conditions are met.

A board of directors appointed under this part manages the district and exercises the district’s powers.

Board members serve at the appointing power’s pleasure, get no compensation, and may recover actual expenses incurred in carrying out their duties under this part.

A board member’s term ends immediately when the member’s county supervisor term ends, unless the member was appointed by the Director of Transportation.

If a district has an even number of counties, extra board members must be appointed, and if the board does not do so within 30 days, the secretary or any member may notify the Director of Transportation, who must appoint a replacement within 30 days after notice.

If a board of directors seat becomes vacant, the appointing authority must fill it.

The clerk of the initiatory board of supervisors must notify selected board members of the first meeting time and place within 10 days after receiving the district’s certificate of organization.

Board members must meet at the first meeting’s fixed time and place; a majority forms a quorum, and without a quorum a smaller number may adjourn the meeting until one is present.

At its first meeting, the board of directors must choose a president, vice president, and secretary from among its members.

The board of directors must choose one or more places in the district for conducting business, may hold meetings at suitable places, and may make necessary rules for orderly district business.

The section declares it essential to correct deficiencies on certain state highways and connections to them at the same time as work on the California Freeway and Expressway System.

County boards of supervisors must provide the district a sufficient contingent fund right after the district is organized.

County supervisors and the State may contribute money to a contingent fund, and the State may designate how its contribution may be used.

The contingent fund may be used for specified district-related purposes.

The board of directors must tentatively locate the highway route as soon as practicable and may hire needed engineering or other help.

The district engineer must make a preliminary report to the board of directors.

The district engineer must include cost and financing recommendations in the preliminary report and then file the report with the secretary of the board of directors.

After the engineer’s preliminary report is filed, the board of directors must consider it and prepare a report on the project or projects.

The board of directors must include specific project and cost information in its report.

If highways will extend beyond the district boundary, the governing body for the territory they pass through must give consent first.

If the project report requests state contribution, the board of directors must immediately file a certified copy with the Director of Transportation.

The Department of Transportation must consider and act on a filed report within 90 days. It may approve, reject, modify, or suggest changes to the request or report, and inaction within 90 days counts as a rejection by the state.

If the proposed project is approved and a state contribution is recommended, the California Transportation Commission must adopt a resolution stating the contribution details, and the state must make the specified contribution when funds are available.

The Director of Transportation must send the district secretary a certificate of commitment for the report, including the department’s decision and any contribution amount and payment terms.

The board of directors may amend its project report to align it with suggestions, modifications, or recommendations from the Department of Transportation or the California Transportation Commission.

The State’s contribution obligation applies only if all counties in the district approve the remaining project costs, or the costs of the unit to be improved right away.

The Legislature states that California’s freeway and expressway system will need periodic review as the state grows.

This chapter may be cited as the Federal Aid for Safer Off-System Roads Act.

The board of directors must send certified copies of its project report to each county board of supervisors once the required certificate of commitment is received from the Director of Transportation, or when the report is adopted if no state contribution is requested.

Each board of supervisors must consider the project report when received and, within 60 days, approve or reject it by resolution.

Each board of supervisors must send a certified copy of its resolution adopting or rejecting the project report to the district board secretary.

The clerk of each board of supervisors must publish notice twice in a general-circulation newspaper in the county after the project report is received, and the last publication must be at least 20 days before the hearing.

A county in the district is not bound or committed unless the project report is approved by its board of supervisors and by the boards of supervisors of all other counties in the district.

Before a project report is approved by the county board of supervisors, the county’s participation in proposed bond issuance may be put to a vote of the county’s qualified electors.

A county highway-district matter may be submitted at a special election or combined with another countywide election, and the election notice must refer to the project report.

If the voters do not approve the proposition by a two-thirds majority, the county may not participate in issuing the project bonds unless a later election approves the same or an amended proposition.

If a county submits its bond participation question to voters, the board of supervisors gets an extended deadline to approve the report.

For bonds issued under Chapter 19 of this part, the chapter’s rules about submitting county participation to the electors do not apply.

This section says certain local and state bodies may take necessary steps to secure federal funds for safer off-system road projects.

The district’s board of directors may move forward with final surveys, final plans and specifications, contracts, and highway acquisition/improvement after required approvals are received.

The board of directors must have the necessary final surveys, plans, specifications, and detailed drawings prepared by the district engineer when proceeding with a project or unit of a project.

Final surveys and related documents must include a final cost estimate, and board approval is blocked if the estimate rises by more than 10% unless the higher cost is approved by the county boards of supervisors and, if state money is involved, the Director of Transportation.

After the board of directors adopts the final surveys, plans, specifications, and detailed drawings, it must send a certified copy to the Director of Transportation for approval.

While a highway improvement is in progress, the board of directors controls the highway or project and may adopt regulations about highway use and exclude traffic for safety or roadway-protection reasons.

Laws about using state highways also apply to highways controlled by any district.

The district’s board of directors may ask county officials to condemn and acquire needed property or rights-of-way, and the county board of supervisors must carry out that request.

The Director of Transportation has exclusive control over the expenditure if the listed conditions are met, and may delegate powers to the district board; the district board may also give the Director authority to supervise improvement work.

This section establishes the California Freeway and Expressway System and says it consists of the highways listed in this article.

This section lists the highway routes that are included in the California freeway and expressway system.

This section adds listed route segments to the California freeway and expressway system.

This section adds listed segments of Routes 22, 23, 25, 26, 29, 33, 35, 36, 38, 39, 41, 43, and 45 to the California freeway and expressway system.

This section adds specific route segments to the California freeway and expressway system.

This section says the California freeway and expressway system includes listed route segments for several routes.

This section adds specified highway routes and route segments to the California freeway and expressway system.

This section adds specified highway routes to the California freeway and expressway system.

This section adds specified routes to the California freeway and expressway system.

State highway funds for the Safer Off-System Roads Program must be made available for county roads and city streets, then apportioned among counties and locally distributed by agreement, with a minimum county share and a filing requirement.

If the Federal Government wants to use a district highway for national defense or military purposes, the district board may negotiate and make mutually satisfactory agreements about it.

Each county must notify the department within 60 days after an apportionment is made, stating the amount the county and its cities wish to claim.

The district’s board of directors may adopt a completion resolution for part of a highway, and must do so when the whole highway is completed; it must then send copies to the county supervisors, and in some cases to the city and the Director of Transportation.

After a completion resolution is received, control of the completed improvement vests in the responsible State, county, or city, and that entity becomes responsible for future maintenance and care.

The board of directors cannot adopt a completion resolution until it gets a written certificate from the Director of Transportation, and that certificate depends on the highway having been improved as required.

The responsible county or city must prepare project plans and cost estimates, certify the right-of-way, and submit the documents to the department to qualify for federal funds.

Funds not claimed under Section 2532 lapse, and a county’s lapsed funds may be reallocated for safer off-system road projects in the county group, subject to Section 187 and proportional-share rules.

District money used for improvement costs must go into a construction fund, and the treasurer pays it out only as the board of directors orders.

The district’s board of directors must arrange financing for district projects using one or more methods allowed by this part.

The board of directors must provide for payment of improvement costs when a contract is awarded, unless that payment provision was already made before the award.

A levy must be made on the counties in the district to pay costs and expenses for property or right-of-way acquisitions or district improvements.

The board of directors must adopt a resolution stating how much money the levy is meant to raise and what project it will finance.

The resolution must state the amount levied on each county and the facts requiring the levy, a certified copy must be sent to county supervisors’ clerks, and the counties must pay the levy unless other financing arrangements are made.

Each county board of supervisors must pay at least one-fifth of the levy into the district treasury within 90 days after the levy resolution is adopted.

If a county board of supervisors does not pay a levy in full within 90 days, the district board of directors must finance the unpaid balance in up to four additional annual installments.

The district treasurer must send each county’s supervisors a yearly statement by August 15, and county supervisors and other fiscal officers must collect the certified amount from taxable property and forward monthly collections to the district treasurer.

If the board of supervisors pays the county amount shown in the district treasurer’s report, no district tax levy needs to be made in that county for that year.

A county or city may, by agreement with the department, transfer some or all of its apportioned funds to certain safer off-system roads projects.

District taxes must be collected by the proper county officers using the same timing, form, and manner as county taxes.

Claims for money or damages against the district are governed by specified Government Code provisions, except where those provisions or other expressly applicable laws say otherwise.

Counties and cities may use available funds to match federal funds under this chapter, unless federal law prohibits that use.

This chapter applies to all bonds issued under the authority of this part.

Bonds issued by joint highway districts are legal investments for certain funds and institutions.

Bonds issued by joint highway districts may be used as security in the same kinds of situations as bonds of cities, counties, school districts, or irrigation districts.

The State Director of Finance may buy joint highway district bonds using surplus state treasury money not needed for government purposes, and county boards of supervisors within the district may also buy those bonds with surplus funds they control.

If a board report shows a project will cost more than $1,000,000, the board of directors may spread the bonds over up to 15 annual installments, and the first county payment must be at least the required prorated share.