90. The department shall have full possession and control of all
state highways and all property and rights in property acquired for
state highway purposes. The department is authorized and directed to
lay out and construct all state highways between the termini
designated by law and on the locations as determined by the
commission.
90.1. The powers and duties enumerated in this section are intended
to give the department broader authority to recruit and retain
qualified civil engineers.
(a) The department shall develop and implement a recruitment and
incentive program for highway engineer positions which may include,
but not be limited to, participation by the department in the
repayment of student loans of persons recruited through the program.
The department shall not expend more than one hundred twenty-five
thousand dollars ($125,000) annually to develop and implement the
student loan program, which may be paid from funds available to the
department from the State Highway Account.
(b) The department shall determine the number of engineers needed
in each of its 12 transportation districts and shall recruit
engineers based on the personnel-year needs in each of the districts.
(c) In order to achieve the recruiting goal specified in
subdivision (b), the director may offer salaries to prospective
employees at any pay level above the lowest salary step, not to
exceed the maximum of the range for which that person is qualified.
Salaries of existing employees with similar qualifications in the
same transportation district shall be increased to that level.
(d) To encourage registration, persons employed in the department'
s civil engineering entry level classification shall be eligible to
advance to a higher salary range within the appropriate
classification, as specified in the agreement entered into by the
department and Professional Engineers in California Government on May
3, 1991. Movement within this range remains subject to performance
criteria.
(e) The department shall provide training or reimbursement for
departmental approved training and related expenses to prepare
employees for engineering license and certificate examinations. This
training shall include, but is not limited to, preparation for civil
engineering, land surveying, or landscape architect license
examinations, and engineer-in-training or land surveyor-in-training
certificate examinations. Employees shall be allowed time off without
loss of compensation to attend departmental approved training or
educational preparation for those licenses and certificates.
(f) The director may offer student loans of up to five thousand
dollars ($5,000) per student for tuition, room, board, and expenses
directly related to school attendance, to students enrolled in land
surveying or Accreditation Board for Engineering and Technology
(ABET) certified structural and civil engineering curriculums. While
these loans are intended to help recruit new engineers into the
department, the director is not precluded from offering student loans
to permanent state employees, at the discretion of the director. The
student or employee shall be obligated to repay the entire loan to
the department. However, for the first two years the employee works
for the department, or the first two additional years an employee
agrees to stay with the department, five hundred dollars ($500) of
the loan shall be forgiven. For every additional year of employment
after the first two or additional two years, one thousand dollars
($1,000) of the loan shall be forgiven. If the employee voluntarily
leaves the employment of the department prior to the entire loan
being forgiven, the employee shall pay the remaining portion of the
loan in accordance with a proportionate repayment policy adopted by
the director. Criteria shall be established by the director to
administer this program.
(g) The complexity of the department's engineering work and the
level of responsibility imposed on the department's engineering staff
have increased significantly. For example, engineering oversight for
projects funded from sources such as county tax measures for
transportation and the contracting out for basic engineering services
have significantly increased that complexity and level of
responsibility. To reflect this increase in complexity and level of
responsibility, the first level of supervision for engineering
positions shall be as specified in the agreement entered into by the
department and Professional Engineers in California Government on May
3, 1991.
91. The department shall improve and maintain the state highways,
including all traversable highways which have been adopted or
designated as state highways by the commission, as provided in this
code.
91.5. (a) The department may enter into an agreement to accept
funds, materials, equipment, or services from any person for
maintenance or roadside enhancement, including the cleanup and
abatement of litter, of a section of a state highway. The department
and the sponsoring person may specify in the agreement the level of
maintenance that will be performed.
(b) The director may authorize a courtesy sign. These courtesy
signs shall be consistent with existing code provisions and
department rules and regulations concerning signs.
91.6. The department shall, within its maintenance programs
relating to litter cleanup and abatement, assign a high priority to
litter deposited along state highway segments adjoining storm drains,
streams, rivers, waterways, beaches, the ocean, and other
environmentally sensitive areas. The department may use litter traps
in drains and any other effective technology in carrying out these
responsibilities.
91.8. (a) The department shall, within its maintenance program,
establish procedures for the removal and disposal of animal carcasses
on state highways.
(b) Notwithstanding any other provision of law, including, but not
limited to, prohibitions on the possession and transportation of
endangered or protected species, or the property rights associated
with livestock and other commercially valuable animals, the
department may remove or relocate an animal carcass from a state
highway for safety purposes.
(c) The department shall dispose of animal carcasses in an
environmentally appropriate manner considering both of the following:
(1) The animal's probable legal status, whether as domestic or
commercial property, wild, feral, protected, or endangered, as
follows:
(A) When practicable, an owner of a domestic animal shall be
notified of the location or disposition of the animal carcass. Unless
returned to the owner, license tags, nameplates, or other
identification shall be retained by the department for 30 days.
(B) A branded livestock carcass shall be removed from the roadway
but not otherwise transported until the owner is contacted. If the
owner cannot be identified, the department shall notify the regional
brand inspector.
(C) In the case of wild, feral, protected, or endangered animals,
disposal shall be accomplished in accordance with applicable
provisions of the Fish and Game Code.
(2) If disposal technologies including, but not limited to,
natural decomposition, burial, incineration, donation, rendering, or
composting are not available or practicable, the department may use
any nontraditional or novel technology that may be appropriate under
the circumstances.
(d) Animal carcasses shall not be relocated to or disposed of
within 150 feet of waterways or drainageways that lead directly to
waterways, or buried within five feet of groundwater.
(e) The department shall maintain a record of designated disposal
sites used for consolidation of animal carcasses.
92. The department may do any act necessary, convenient or proper
for the construction, improvement, maintenance or use of all highways
which are under its jurisdiction, possession or control.
92.2. Where practical or desirable, the department shall, along any
highway under its jurisdiction, possession, or control, replace
trees that have been destroyed or removed because of projects
undertaken to widen the highway.
Money from the State Highway Account available for the widening of
highways shall also be available for the planting of trees pursuant
to this section.
92.3. (a) The department shall do both of the following:
(1) Discontinue further water intensive freeway landscaping and
use drought resistant landscaping whenever feasible, taking into
consideration such factors as erosion control and fire retardant
needs.
(2) Eliminate any dependency on imported water for landscaping as
soon as practicable.
(b) The department shall require the use of recycled water for the
irrigation of freeway landscaping when it finds and determines that
all of the following conditions exist:
(1) The recycled water is of adequate quality and is available in
adequate quantity for the proposed use.
(2) The proposed use of the recycled water is approved by the
California regional water quality control board having jurisdiction.
(3) There is a direct benefit to the state highway program for the
proposed use of recycled water.
(4) The recycled water is supplied by a local public agency or
water public utility able to contract for delivery of water and the
installation, maintenance, and repair of facilities to deliver the
water.
(5) The installation of the water delivery facilities does not
unreasonably increase any hazard to vehicles on the freeway or create
unreasonable problems of highway maintenance and repair.
(c) In cooperation with local public agencies and water public
utilities, the department shall permit local public agencies and
water public utilities to place transmission lines for recycled water
in freeway rights-of-way for use by the local public agencies and
water public utilities to transmit recycled water to others, when to
do so will promote a beneficial use of recycled water and that
transmission does not unreasonably interfere with use of the freeway
or unreasonably increase any hazard to vehicles on the freeway,
subject to paragraphs (1) to (5), inclusive, of subdivision (b) and
the following additional requirements:
(1) The local public agency or water public utility holds the
department harmless for any liability caused by a disruption of
service to other users of the recycled water and will defend the
department in any resulting legal action and pay any damages awarded
as a result of that disruption.
(2) The department, in cooperation with the local public agency or
water public utility, may temporarily interrupt service in order to
add to or modify its facilities without liability, as specified in
paragraph (1).
(3) The local public agency or water public utility obtains and
furnishes the department an agreement by all other users of recycled
water from the transmission system holding the department harmless
for any disruption in service.
(4) The local public agency or water public utility has furnished
the department a list of other recycled water users and information
on any backup system or other source of water available for use in
case of a service disruption.
(5) The local public agency is responsible for the initial cost or
any relocation cost of the recycled water transmission lines for
service to other users in the right-of-way and waives its rights to
require the department to pay the relocation costs pursuant to
Sections 702 and 704.
(6) The local public agency or water public utility maintains the
water transmission system subject to reasonable access for
maintenance purposes to be negotiated between the department and the
local public agency or water public utility.
(7) The department has first priority with respect to the recycled
water supply contracted for by the department.
(8) The local public agency or water public utility installs an
automatic control system which will allow the water transmission
system to be shut down in case of an emergency. The department shall
have access to all parts of the transmission system for purposes of
the agreement.
(9) All transmission lines are placed underground and as close as
possible to the freeway right-of-way boundary or at other locations
authorized by the department.
(10) The plans and specifications for the recycled water
transmission facilities have been approved by the department prior to
construction.
(d) As used in this section:
(1) "Local public agency" means any local public agency which
transmits or supplies recycled water to others.
(2) "Water public utility" means any privately owned water
corporation which is subject to the jurisdiction and control of the
Public Utilities Commission.
92.4. Where a city street or county road abuts upon real property
acquired by the state for freeway purposes, the department may
contribute toward the cost of construction of the half of such street
or road that directly fronts or abuts upon such property if such
street or road was established, but not yet constructed, at the time
when the location of such freeway was established by the commission.
92.5. The department shall install, in all tunnels and underpasses
on state highways within metropolitan areas where the tunnel or
underpass is of sufficient length to impede radio reception, wires,
or other devices which will sustain reception of broadcasts by radios
in vehicles traveling through the tunnels and underpasses.
The Legislature declares that the installation of such devices in
state highway tunnels and underpasses is an improvement of highways
within the meaning of Section 1 of Article XIX of the California
Constitution since it will assist law enforcement officers in their
patrol duties by enabling them to receive essential radio calls and
also will increase the enjoyment of the people in the use of the
state highways.
92.6. At such locations as shall be determined by the department to
be appropriate, screening shall be installed and maintained on state
freeway overpasses on which pedestrians are allowed, in order to
prevent objects from being dropped or thrown upon vehicles passing
underneath. First consideration shall be given to freeway overpasses
in urban areas.
93. The department may construct and maintain detours as may be
necessary to facilitate movement of traffic where state highways are
closed or obstructed by construction or otherwise. The department may
direct traffic onto any other public highway which will serve as a
detour, in which case the department, upon the completion of such
use, and upon the request of the local agency having jurisdiction
over the highway, shall restore the same to its former condition;
provided, that the local agency shall reimburse the department for
the amount of all betterment to such highway caused by the
restoration. The department shall also reimburse the local agency for
all reasonable additional expenses incurred by that agency in
maintaining said highway during the period of detour if such
additional expenses were caused by said detour.
94. (a) The department may make and enter into any contracts in the
manner provided by law that are required for performance of its
duties, provided that contracts with federally recognized Indian
tribes shall be limited to activities related to on-reservation or
off-reservation cultural resource management and environmental
studies and off-reservation traffic impact mitigation projects on or
connecting to the state highway system.
(b) To implement off-reservation traffic impact mitigation
contracts with federally recognized Indian tribes, all of the
following shall apply:
(1) Any contract shall provide for the full reimbursement of
expenses and costs incurred by the department in the exercise of its
contractual responsibilities. Funds for the project shall be placed
in an escrow account prior to project development. The contract shall
also provide for a limited waiver of sovereign immunity by that
Indian tribe for the state for the purpose of enforcing obligations
arising from the contracted activity.
(2) The proposed transportation project shall comply with all
applicable state and federal environmental impact and review
requirements, including, but not limited to, the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code).
(3) The department's work on the transportation project under the
contract shall not jeopardize or adversely affect the completion of
other transportation projects included in the adopted State
Transportation Improvement Program.
(4) The transportation project is included in or consistent with
the affected regional transportation plan.
94.3. To the extent that existing provisions of Part 23 (commencing
with Section 23.1) of Title 49 of the Code of Federal Regulations,
as amended April 27, 1981, are not applicable to highway contracts
awarded by the department that are solely state funded, the
department shall develop a program to implement comparable provisions
applicable to those contracts.
94.4. (a) It shall be unlawful for a person to:
(1) Knowingly and with intent to defraud, fraudulently obtain,
retain, attempt to obtain or retain, or aid another in fraudulently
obtaining or retaining or attempting to obtain or retain,
certification as a minority business enterprise for the purposes of
this article.
(2) Willfully and knowingly make a false statement with the intent
to defraud, whether by affidavit, report, or other representation,
to a state official or employee for the purpose of influencing the
certification or denial of certification of any entity as a minority
business enterprise.
(3) Willfully and knowingly obstruct, impede, or attempt to
obstruct or impede any state official or employee who is
investigating the qualifications of a business entity which has
requested certification as a minority business enterprise.
(4) Knowingly and willfully with intent to defraud, fraudulently
obtain, attempt to obtain, or aid another person in fraudulently
obtaining or attempting to obtain, public moneys to which the person
is not entitled under this article.
(b) Any person who is found by the department to have violated any
of the provisions of subdivision (a) is subject to a civil penalty
of not more than five thousand dollars ($5,000).
(c) If a contractor, subcontractor, supplier, subsidiary, or
affiliate thereof, has been found by the department to have violated
subdivision (a) and that violation occurred within three years of
another violation of subdivision (a) found by the department, the
department shall prohibit that contractor, subcontractor, supplier,
subsidiary, or affiliate thereof, from entering into a state project
or state contract and from further bidding to a state entity, and
from being a subcontractor to a contractor for a state entity and
from being a supplier to a state entity.
(d) For the purposes of this section, "minority" means those
individuals who can be identified as being part of one of the
following groups:
(1) "Black Americans," which includes persons having origins in
any of the Black racial groups of Africa.
(2) "Hispanic Americans," which includes persons of Mexican,
Puerto Rican, Cuban, Central or South American, or other Spanish
culture or origin, regardless of race.
(3) "Native Americans," which includes persons who are American
Indians, Eskimos, Aleuts, or Native Hawaiians.
(4) "Asian-Pacific Americans," which includes persons whose
origins are from Japan, China, Taiwan, Korea, Vietnam, Laos,
Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of
the Pacific, and the Northern Marianas.
(5) "Asian-Indian Americans," which includes persons whose origins
are from India, Pakistan, and Bangladesh.
(6) Those persons determined by the department, on a case-by-case
basis, as socially and economically disadvantaged in accordance with
applicable federal regulations.
(e) For the purposes of this section, "minority business
enterprise" means a small business concern, as defined in Section 632
of Title 15 of the United States Code, and which also meets the
following requirements:
(1) It is at least 51 percent owned by one or more women or
minority individuals or, in the case of any publicly-owned business,
at least 51 percent of its stock is owned by one or more women or
minority individuals.
(2) Its management and daily business operations are controlled by
one or more of the women or minority individuals who own it.
95. Whenever the commission relinquishes any portion of any state
highway superseded by relocation and the construction of a freeway
and when the department has prior to relinquishment maintained snow
removal operations on the portion of state highway relinquished and
when property having access to the relinquished portion of state
highway was developed for winter recreational purposes at the time of
relinquishment, the department may with the consent of the county or
counties to which the road is relinquished, maintain snow removal
operations on all or a portion of the state highway which has been
superseded by relocation.
95.5. From and after November 8, 1967, the department shall remove
snow from that portion of former U.S. Route 40, which has been
superseded by the relocation and construction of Interstate Route 80,
commencing at its intersection with Interstate Route 80 near Donner
Memorial Park westerly approximately four miles to the vicinity of
Donner Lake.
95.6. (a) The department shall adopt and implement, on or before
July 1, 1992, a deicing policy for state highways. The policy shall
be set forth in a plan and method for deicing state highways, using
all appropriate deicing technologies, while at the same time
maintaining highway safety.
(b) The plan shall be submitted to the Legislature on or before
July 1, 1992. All or part of the elements of the plan shall be
incorporated in the department's budget proposal for the 1992-93
fiscal year and budget proposals for subsequent fiscal years. The
department shall examine all possible funding sources.
(c) The plan shall include, but not be limited to, all of the
following:
(1) A review of research conducted in California and other states
on the use of deicing salt substitutes and deicing technologies.
(2) When available, the incorporation of applicable technical
findings of the ongoing study by the Transportation Research Board of
the National Research Council which will analyze the costs to the
public and private sectors, including, but not limited to, damage to
vegetation, highway structures, and motor vehicles, of using salt as
a deicing agent as compared with the use of commercially available
substitute deicing materials or techniques.
(3) A plan for reducing or eliminating the use of salt as a
primary deicing agent on specified routes, including, but not limited
to, State Highway Routes 28, 50, 80, and 89 in the Lake Tahoe Basin,
and substituting environmentally safe deicing techniques where
significant environmental damage has already occurred, in accordance
with the legislative intent expressed in subdivision (f) of Section 1
of the act which added this section.
(4) An analysis of the direct cost to each state transportation
district for both initial capital costs, including repair of road
salt's environmental damage, and annual costs to convert to an
environmentally safe deicing policy.
96. If any directional or traffic control sign installed or
maintained by the department within the right-of-way of a state
highway is defaced with graffiti in a manner which interferes with
the ability of motorists to comprehend the information which the sign
was intended to convey, thereby posing a danger to the public, the
department shall, as soon as reasonably possible after learning of
the graffiti, either remove the graffiti and treat the sign with an
anti-graffiti substance or material, or replace the sign, whichever
is more practical and economical.
97. (a) A state highway segment shall be designated by the
department as a Safety Enhancement-Double Fine Zone if all of the
following conditions have been satisfied:
(1) The highway segment is eligible for designation pursuant to
subdivision (b).
(2) The Director of Transportation, in consultation with the
Commissioner of the California Highway Patrol, certifies that the
segment identified in subdivision (b) meets all of the following
criteria:
(A) The highway segment is a conventional highway or expressway
and is part of the state highway system.
(B) The rate of total collisions per mile per year on the segment
under consideration has been at least 1.5 times the statewide average
for similar roadway types during the most recent three-year period
for which data are available.
(C) The rate of head-on collisions per mile per year on the
segment under consideration has been at least 1.5 times the statewide
average for similar roadway types during the most recent three-year
period for which data are available.
(3) The Department of the California Highway Patrol or local
agency having traffic enforcement jurisdiction, as the case may be,
has concurred with the designation.
(4) The governing board of each city, or county with respect to an
unincorporated area, in which the segment is located has by
resolution indicated that it supports the designation.
(5) An active public awareness effort to change driving behavior
is ongoing either by the local agency with jurisdiction over the
segment or by another state or local entity.
(6) Other traffic safety enhancements, including, but not limited
to, increased enforcement and other roadway safety measures, are in
place or are being implemented concurrent with the designation of the
Safety Enhancement-Double Fine Zone.
(b) The following segments are eligible for designation as a
Safety Enhancement-Double Fine Zone pursuant to subdivision (a):
State Highway Route 12 between the State Highway Route 80 junction
in Solano County and the State Highway Route 5 junction in San
Joaquin County.
(c) Designation of a segment as a Safety Enhancement-Double Fine
Zone by the department pursuant to subdivision (a) shall be done in
writing and a written notification shall be provided to the court
with jurisdiction over the area in which the highway segment is
located. The designation shall be valid for a minimum of two years
from the date of submission to the court.
(d) After the two-year period, and at least every two years
thereafter, the department, in consultation with the Department of
the California Highway Patrol, shall evaluate whether the highway
segment continues to meet the conditions set forth in subdivision
(a). If the segment meets those conditions, the department shall
renew the designation in which case an updated notification shall be
sent to the court. If the department, in consultation with the
Department of the California Highway Patrol, determines that any of
those conditions no longer apply to a segment designated as a Safety
Enhancement-Double Fine Zone under this section, the department shall
revoke the designation and the segment shall cease to be a Safety
Enhancement-Double Fine Zone.
(e) A Safety Enhancement-Double Fine Zone is subject to the rules
and regulations adopted by the department prescribing uniform
standards for warning signs to notify motorists that, pursuant to
Section 42010 of the Vehicle Code, increased penalties apply for
traffic violations that are committed within a Safety
Enhancement-Double Fine Zone.
(f) (1) The department or the local authority having jurisdiction
over these highway and road segments shall place and maintain the
warning signs identifying these segments by stating that a "Special
Safety Zone Region Begins Here" and a "Special Safety Zone Ends Here."
(2) Increased penalties shall apply to violations under Section
42010 of the Vehicle Code only if appropriate signage is in place
pursuant to this subdivision.
(3) If designation as a Safety Enhancement-Double Fine Zone is
revoked pursuant to subdivision (d), the department shall be
responsible for removal of all signage placed pursuant to this
subdivision.
(g) Safety Enhancement-Double Fine Zones do not increase the civil
liability of the state or local authority having jurisdiction over
the highway segment under Division 3.6 (commencing with Section 810)
of Title 1 of the Government Code or any other provision of law
relating to civil liability.
(1) Only the base fine shall be enhanced pursuant to this section.
(2) Notwithstanding any other provision of law, any additional
penalty, forfeiture, or assessment imposed by any other statute shall
be based on the amount of the base fine before enhancement or
doubling and shall not be based on the amount of the enhanced fine
imposed pursuant to this section.
(h) The projects specified as a Safety Enhancement-Double Fine
Zone shall not be elevated in priority for state funding purposes.
(i) The requirements of subdivision (a) shall not apply to the
Safety Enhancement-Double Fine Zone established prior to the
effective date of this subdivision pursuant to Section 97.4 or to the
Safety Enhancement-Double Fine Zones established pursuant to Section
97.5.
(j) The department shall conduct an evaluation of the
effectiveness of all double fine zones, except those designated
pursuant to Section 97.5, that will terminate the same calendar year
and submit its findings in one report to the Assembly Committee on
Transportation and the Senate Committee on Transportation and Housing
one year prior to the termination of the double fine zones. The
report shall include a recommendation on whether the zones should be
reauthorized by the Legislature.
97.01. The following segments are eligible for designation as
Safety Awareness Zones pursuant to Section 97.1:
(a) The Golden Gate Bridge.
97.1. (a) A highway segment shall be designated as a Safety
Awareness Zone if all of the following conditions have been met:
(1) The highway segment is eligible for designation under Section
97.01.
(2) Each local governing body or bodies, with jurisdiction over
the area or areas in which the eligible segment is located, has
adopted a resolution indicating its support for the designation as
well as a Safety Awareness Zone Plan addressing education,
enforcement, and engineering measures intended to support the
designation.
(3) If the highway segment is a state highway, the Safety
Awareness Zone Plan has been approved by the Director of
Transportation and the Commissioner of the Department of the
California Highway Patrol.
(b) A Safety Awareness Zone designation shall be deemed effective
immediately upon satisfaction of all requirements pursuant to
subdivision (a) and may remain in effect for a period not to exceed
three years from the effective date. The designation may be renewed
for a period not to exceed three years. Renewal of a designation for
a highway segment that is a state highway shall require the approval
by the Director of Transportation and the Commissioner of the
Department of the California Highway Patrol of an updated Safety
Awareness Zone Plan.
(c) The department shall develop a sign to notify motorists of the
presence of a Safety Awareness Zone, and shall place and maintain
the signs for as long as the designation is in effect pursuant to
this section.
(d) Presence of a Safety Awareness Zone does not increase the
civil liability of the state or local authority having jurisdiction
over the highway segment under Division 3.6 (commencing with Section
810) of Title 1 of the Government Code or any other provision of law
relating to civil liability.
(e) Projects on a highway segment specified as a Safety Awareness
Zone shall not be elevated in priority for state funding purposes.
(f) For purposes of this section, "highway" has the meaning set
forth in Section 360 of the Vehicle Code.
97.5. (a) Notwithstanding subdivision (a) of Section 97, the
following segments shall be designated as Safety Enhancement-Double
Fine Zones:
(1) State Highway Route 1 between Junipero Serra Boulevard and
Lake Street in the City and County of San Francisco.
(2) State Highway Route 101 between Golden Gate Avenue and Lyon
Street in the City and County of San Francisco.
(b) The department shall conduct a Safety Enhancement-Double Fine
Zone study on the segments identified in subdivision (a) that relates
to pedestrian safety and that evaluates the appropriateness of
adding additional criteria to subdivision (a) of Section 97 and
whether changes or additional criteria should be considered for
adoption.
(1) The study shall include, but not be limited to, all of the
following:
(A) A review of traffic volume, speed, the number and severity of
collisions, the number and severity of pedestrian-related collisions,
and contributing collision factors.
(B) A before and after study on pedestrian and roadway facilities,
including, but not limited to, those facilities that have been
revised or updated.
(C) A recommendation on whether the zones described in subdivision
(a) should be reauthorized by the Legislature.
(2) On or before January 1, 2013, the department shall submit its
findings from the study in a report to the appropriate committees of
the Legislature.
(c) Subdivisions (e) to (h), inclusive, of Section 97 shall apply
to the segments designated as Safety Enhancement-Double Fine Zones
pursuant to subdivision (a).
(d) This section shall remain in effect until January 1, 2014, and
as of that date is repealed, unless a later statute, that is enacted
before January 1, 2014, deletes or extends that date.
100. Using existing resources, the department shall monitor the
cumulative impact of fragmented gaps in the state highway system to
identify safety and long-term maintenance issues.
100.1. The department is authorized to do any and all things
necessary to lay out, acquire and construct any section or portion of
a State highway as a freeway or to make any existing State highway a
freeway.
100.2. The department is authorized to enter into an agreement with
the city council or board of supervisors having jurisdiction over
the street or highway and, as may be provided in such agreement, to
close any city street or county highway at or near the point of its
interception with any freeway or to make provision for carrying such
city street or county highway over or under or to a connection with
the freeway and may do any and all work on such city street or county
highway as is necessary therefor. No city street or county highway
shall be closed, either directly or indirectly, by the construction
of a freeway except pursuant to such an agreement or while
temporarily necessary during construction operations. No city street,
county road, or other public highway of any kind shall be opened
into or connected with any freeway unless and until the commission
adopts a resolution consenting thereto and fixing the terms and
conditions on which such connection shall be made and the commission
may give or withhold its consent or fix such terms and conditions as,
in its opinion, will best subserve the public interest.
100.21. (a) Whenever a street or highway closing agreement is
required by Section 100.2, the department shall not acquire, except
by gift, and except in hardship or protective cases as determined by
the department or the commission, any real property for a freeway
through a city until an agreement is first executed with the city
council, or for a freeway through unincorporated territory in a
county until an agreement is first executed with the board of
supervisors. The department shall give notice to the city council or
the board of supervisors, as the case may be, of any acquisition of
real property prior to the execution of an agreement.
(b) Notwithstanding subdivision (a), a city council, or a county
board of supervisors may, by resolution, authorize the purchase of
rights-of-way prior to approval of an agreement if the purchase is
limited to the mainline corridor of the proposed freeway and the
alignment of the freeway is not at issue.
100.22. The city council or board of supervisors shall, prior to
entering into the agreement contemplated by Section 100.2, conduct a
public hearing on the subject.
100.25. In addition to the other matters that may be covered by the
agreements authorized under Section 100.2, provisions for
improvements, revisions or extensions of city streets or county
highways leading to or from a freeway, deemed by the department to be
necessary in accommodating the freeway traffic in making proper
connections between the existing system of city streets or county
roads and the freeway, may be included in such agreements and the
department may perform such work as a part of the freeway
construction.
100.3. From and after the adoption of a resolution by the
commission declaring any section of a state highway to be a freeway,
the highway described in such resolution shall have the status of a
freeway for all purposes of Section 100.2.
Such declaration shall not affect private property rights of
access, and any such rights taken or damaged within the meaning of
Section 19 of Article I of the California Constitution for such
freeway shall be acquired in a manner provided by law.
No state highway shall be converted into a freeway except with the
consent of the owners of abutting lands or the purchase or
condemnation of their right of access thereto.
100.4. Notwithstanding Section 100.2, the department may construct
a freeway, without an agreement with a county or city, on the route
determined by the commission, if all of the following conditions have
been met:
(a) The freeway is included within the California freeway and
expressway system and a route has been adopted.
(b) Construction has commenced, but has not been completed,
leaving an existing gap between the constructed portions of the
freeway.
(c) In addition to the adopted route, there is at least one
feasible alternative route as determined by the department.
(d) A draft environmental impact report or statement has been
prepared on the unconstructed portion of the freeway.
(e) The affected freeway segment is within the jurisdiction of the
Los Angeles County Metropolitan Transportation Authority.
(f) An agreement with one or more counties and cities pursuant to
Section 100.2 is not possible because an impasse, as evidenced by the
lack of freeway agreements by all affected jurisdictions, has
existed for 10 or more years after an initial route was adopted.
(g) Under the conditions set forth in subdivisions (a) to (f),
inclusive, the commission shall hold public hearings as it may deem
necessary, review the draft or final environmental impact report or
statement, and consider the recommendation and records of the
authority and other documents as it may deem advisable. The
commission shall take into consideration all the traditional factors
of route selection by the state, including the question of least
adverse economic and physical impact on the communities involved, but
any previous selection by the commission or its predecessor shall
not be considered binding.
(h) The environmental impact report or statement shall examine the
potential impacts of alternative route alignments on the communities
involved. The definition and scope of these communities shall
reflect the sense of community of residents within and immediately
adjacent to the adopted route and alternate route location.
(i) The department shall prepare a draft environmental impact
report or statement. The commission may hold public hearings on the
draft environmental impact report or statement as it deems necessary.
The department shall prepare a final environmental impact report or
statement after the completion of the public review period of the
draft environmental impact report or statement. The commission shall
select a route after the completion of the environmental impact
report or statement.
(j) If the route selected by the commission differs from a prior
route adopted by the commission or a prior recommendation by the
authority, the commission shall set forth, as a part of its decision
statement, the reasons for the route selected.
(k) For any freeway constructed pursuant to this section, the
department shall establish an outreach program to maximize the
participation of businesses and professionals from within the county
in which the freeway segment is located in the construction of the
freeway segment.
(l) As used in this section, "authority" means the Los Angeles
County Metropolitan Transportation Authority, or its predecessor, the
Los Angeles County Transportation Commission.
100.45. When the department constructs a freeway on the route
selected pursuant to Section 100.4 the department shall meet and
confer with affected counties and cities with respect to the design
of the portion of the freeway to be constructed within the
jurisdiction of the affected county or city.
100.5. Whenever the location of a State highway is such that a
ferry must be used to completely traverse said highway, and there is
no existing ferry furnishing service to traffic on said highway, the
department may construct, maintain and operate such a ferry, or may,
by cooperative agreement, delegate the construction, maintenance or
operation thereof to a county, or if the termini of a ferry are
within one or more cities, to the cities concerned. Whenever a
highway between the termini of which a publicly owned ferry is used,
is declared to be a State highway, the title to the ferry and all
appurtenances thereto vests in the State. The department is
authorized to promulgate reasonable rules and regulations governing
the hours of operation of such ferries. The department may impose a
charge of not to exceed one dollar per vehicle for the use of such
ferries between the hours of 11 p.m. and 5 a.m.; provided, that in no
event shall any charge be imposed on any ferry formerly operated by
a county where the county maintained free ferry service for
twenty-four hours per day at the time the ferry is or was taken over
by the department. It is unlawful to operate on any such ferries or
the approaches thereto, a vehicle of a size or weight or at a speed,
greater than that which any such ferry or its approaches, with safety
to itself and to the traveling public, will permit. The department
shall determine the maximum size, weight and speed of vehicles which
with safety can be permitted on such ferries and shall by appropriate
signs notify the public of its determination. It is prima facie
evidence of violation of this section to exceed the limit specified
by the department upon such signs. The department is authorized to
recover by civil action any damages done to such ferries or the
approaches thereof by reason of a failure to comply with the
provisions of this section and a violation of the limits specified on
the signs erected by the department is prima facie evidence of such
violation.
100.51. Notwithstanding any provision of Section 100.5, whenever
any bridge or highway crossing over a navigable waterway in this
state, including, but not limited to, toll bridges or other toll
highway crossings built or acquired under the provisions of the
California Toll Bridge Authority Act, is closed to traffic because of
accident thereto or repair thereof or is for any reason unable fully
to accommodate traffic, the department may operate a vehicular or
passenger ferry as a substitute therefor. In the operation of such
vehicular or passenger ferry, the department may impose a toll for
passage. For the purpose of imposing such toll, the department may
employ any reasonable classification of vehicles, including, but not
limited to, classification by weight, length, or number of axles.
100.6. The department may, on behalf of the State of California,
enter into agreements with any adjoining state, or any proper agency
of such state, for the construction, reconstruction, operation and
maintenance, by any party to such agreement, in the manner and by
such means as may be provided in the agreement, of bridges over
interstate waters and may enter into like agreements with respect to
construction, reconstruction, operation and maintenance of highways
within this State or such adjoining state, when such highways are at
or near the common boundary of the states. Payment for work done
pursuant to such agreements may be made from any fund available to
the department for highway purposes.
100.7. The department may, for the protection of the State of
California, insure any bridge on the State Highway System acquired or
constructed under provisions of the California Toll Bridge Authority
Act against all risks in any amount up to the full insurable value
thereof. In case of damage or destruction, the proceeds of such
insurance shall be applied to the restoration of such bridge. Any
such bridge may be so insured irrespective of the retirement of all
indebtedness incurred for its acquisition or construction, and the
cost of such insurance shall be paid from any funds available to the
department for highway purposes.
Any such bridge, other than bridges over the San Francisco Bay,
shall, after retirement of all indebtedness incurred for its
acquisition or construction, be maintained and operated as a free
bridge and the cost thereof charged to funds available for
maintenance of state highways.
100.9. When any state highway is relocated in such a manner as to
bypass a city or business district, the department shall erect and
maintain appropriate directional signs, at the junction of the bypass
and the road leading into such city or business district, and at a
reasonable distance in advance of such junction, for the guidance of
traffic desiring to enter the city or business district. Upon
relinquishment of the bypassed highway to the county or city
concerned, the signs, other than those designating the state or
federal route number of such highway, previously erected on such
highway shall be left in place by the department and thereafter shall
be maintained by such county or city. When relinquishing any such
bypassed highway, the department shall direct the attention of the
county or city concerned to the provisions of this section regarding
continued maintenance of such signs by the county or city.
101. (a) The department shall keep in repair all objects or markers
adjacent to a state highway which have been erected to mark
registered historical places and shall keep such markers free from
vegetation which may obscure them from view.
(b) When the Legislature, by concurrent resolution, has designated
names for certain districts and state highway bridges, and requested
the placing of name plaques at the boundaries of the districts or on
the bridges, the department is authorized to expend reasonable sums
for such plaques.
(c) Any major bridge not previously named by the Legislature may
be named by the Legislature, by concurrent resolution, for a
serviceman killed in action who was a resident of the county in which
the bridge is located. The name shall be selected from names
submitted to the department by veterans' associations as defined by
Section 1260 of the Military and Veterans Code.
101.1. (a) The department may place the state's 9-1-1 emergency
telephone number on road signs on all state highways at state entry
points and county, city, and town limit entry points. The department
shall place and maintain, or cause to be placed and maintained, on
all state highways at the city limit of each incorporated city and at
the limits of each unincorporated town, as determined by the
department, a uniform road sign which sets forth the name of the city
or town, its population, and its altitude, as determined by the
department. Where the limits of a county, city, or town intersect a
state highway at more than two points, the department, in its
discretion, need erect the signs only at each of the two outermost
points on the state highway where the intersection occurs.
(b) The department shall adopt specifications to provide for
uniform signs of permanent character setting forth the information
required in subdivision (a). The emergency telephone numbers shall be
added to the road signs in subdivision (a) only when the signs are
changed for other purposes.
101.2. The department may, when it deems it necessary, replace or
cause to be replaced any city limit road sign.
101.3. The department shall submit all plans and specifications for
any bridge or other structure across any river or other drainage
channel or basin subject to the jurisdiction of the Reclamation Board
for approval in accordance with the provisions of the Reclamation
Board Act, and shall not construct any such bridge or structure
without the approval of the said board. Whenever a bridge or other
structure has been constructed according to plans and specifications
which have been approved by the Reclamation Board, no change in or
replacement or relocation of such bridge or structure shall be
required by said board from funds appropriated for highway purposes
without the consent of the department.
101.4. The department shall replace or cause to be replaced any
city limit road sign if all the following conditions exist:
(a) If the legislative body of a city requests the replacement.
(b) If the request is based upon a substantial change of
population evidenced by a special or general federal census.
(c) If no previous request has been made by the city within a
period of five years.
101.5. The department may file for record with the State Lands
Commission such maps as are necessary to furnish an accurate
description of any ungranted swamp, overflow, tide, or submerged
lands, the bed of any navigable channel, stream, river, creek, lake,
bay, or inlet, or other sovereign lands of the State of California
which, in the opinion of the department, are needed as a right-of-way
for, and for the protection of, any state highway or as a source of
materials for the construction, maintenance, or improvement of any
state highway. Upon the approval of such map by the State Lands
Commission, the lands described therein shall be reserved for such
use by the department and the department is thereupon authorized to
enter upon, occupy, and use such lands for such purpose or purposes.
Any subsequent grant or permission to use such lands shall be
subordinate to such reservation. Any such reservation may be released
by the written certificate of the director filed with the State
Lands Commission. This section shall not apply to state school lands.
The department shall determine the reasonable value of such
right-of-way or materials and shall deposit such amount in the State
Parks and Recreation Fund. The amount so deposited shall be
considered as part of the cost of construction of the state highways.
101.6. The department shall design, place and maintain or cause to
be placed and maintained at appropriate places along state highways
signs which indicate the maximum penalty which may be prescribed for
throwing or discharging any litter or any flammable or glowing
substance from any vehicle outside of a business or residence
district. County road commissioners shall place such signs along
roads for which they are responsible.
101.7. (a) The department shall adopt rules and regulations that
allow the placement, near exits on freeways located in rural areas,
of information signs identifying specific roadside businesses
offering fuel, food, lodging, camping services, approved 24-hour
pharmacy services, or approved attractions, and that prescribe the
standards for those signs.
(b) The department shall provide equal access to all business
applicants.
(c) The department shall not approve the placement of any sign
within any urban area designated by the United States Bureau of the
Census as having a population of 5,000 or more.
The department may not remove an information sign that was placed
before January 1, 2003, due solely to population growth in an urban
area that results in a population of 5,000 or more but less than
10,000.
(d) The information signs may be placed near the freeway exits in
addition to, or in lieu of, other highway signs of the department,
but not in lieu of on-premises or off-premises highway oriented
business signs and directional signs.
(e) The department shall establish and charge a fee to place and
maintain information signs in an amount not less than 25 percent
above its estimated cost in placing and maintaining the information
signs. The department shall annually review the amount of that fee
and revise it as necessary. Funds derived from the imposition of the
fee, after deduction of the cost to the department for the placement
and maintenance of the information signs, shall be available, upon
appropriation by the Legislature, for safety roadside rest purposes.
(f) The department shall incorporate the use of an "RV-friendly"
symbol on an information sign placed pursuant to subdivision (a) for
a specific roadside business that meets criteria of the department
regarding sufficiency for recreational vehicles with respect to the
parking spaces and surfaces, vertical clearance, turning radius, and
entrances and exits of the facility. A specific roadside business
otherwise qualified for a sign pursuant to subdivision (a) may
qualify for and request an "RV-friendly" symbol for that sign. The
department shall adopt rules and regulations for an "RV-friendly"
symbol consistent with this section as well as the Federal Highway
Administration's Interim Approval for Addition of RV-friendly Symbol
to Specific Service Signs. The rules and regulations adopted by the
department shall include a provision for the roadside business to
acknowledge that overnight occupancy is not permitted unless the
roadside business is licensed as a special occupancy park as defined
in Section 18862.43 of the Health and Safety Code. The department
shall establish and charge an additional fee pursuant to subdivision
(e) to place and maintain the symbol.
(g) The department shall develop rules and regulations governing
signs for approved attractions, which shall include amusement parks,
botanical and zoological facilities, business districts and main
street communities, education centers, golf courses, historical
sites, museums, religious sites, resorts, ski areas, marinas, "u-pick"
farms and orchards, farmers' markets, and wineries, viticulture
areas, and vineyards.
101.8. (a) The department may design, place, and maintain, or cause
to be designed, placed, and maintained, along state highways, signs
to inform motorists of rail transportation services which receive
public funding, in whole or in part, unless the sign would result in
incurring the penalty specified in subsection (b) of Section 131 of
Title 23 of the United States Code.
(b) These signs may only be placed within the right-of-way of
state highways that are parallel or adjacent to publicly funded
passenger rail routes.
(c) The signs are information structures or information signs as
those terms are used in Sections 5203 and 5221 of the Business and
Professions Code.
101.9. (a) The department shall adopt rules and regulations to
allow, in rural areas, the placement, on interstate and primary
highways near public exits, of guide signs indicating the existence,
within one-half mile of that exit, of a fire station which is open 24
hours each day of the year.
(b) Upon the request of the Department of Forestry and Fire
Protection or a city or county, the department may place and maintain
the signs in accordance with the adopted rules and regulations. The
department shall bear the costs of placing and maintaining the signs.
101.10. (a) (1) The department shall design, construct, place, and
maintain, or cause to be designed, constructed, placed, and
maintained, along state highways, signs that read as follows: "Please
Don't Drink and Drive," followed by: "In Memory of (victim's name)."
These signs shall be placed upon the state highways in accordance
with this section, placement guidelines adopted by the department,
and any applicable federal limitations or conditions on highway
signage, including location and spacing. Signs may memorialize more
than one victim. "Victim" for purposes of this section means a person
who was killed in a vehicular accident, but does not include a party
described in paragraph (2) of subdivision (c).
(2) The department shall adopt program guidelines for the
application for and placement of signs authorized by this section,
including, but not limited to, the sign application and qualification
process, the procedure for the dedication of signs, and procedures
for the replacement or restoration of any signs that are damaged or
stolen.
(b) If the placement at the location of a vehicular accident is
safe and practical and the conditions of subdivisions (c) and (d) are
met, the department shall place a sign described in subdivision (a)
in close proximity to the location where the vehicular accident
occurred.
(c) (1) A party to that accident was convicted of any of the
following:
(A) Murder of the second degree under Section 187, and the
violation was a direct result of driving a vehicle while in violation
of Section 23152 or 23153 of the Vehicle Code.
(B) Gross vehicular manslaughter while intoxicated under
subdivision (a) of Section 191.5 of the Penal Code.
(C) Vehicular manslaughter under subdivision (b) of Section 191.5
of the Penal Code.
(2) A party to that accident operated a vehicle involved in the
vehicular accident in violation of Section 23152 or 23153 of the
Vehicle Code, but died in the accident or was not prosecuted because
he or she is found mentally incompetent pursuant to Section 1367 of
the Penal Code.
(d) (1) Upon the request of an immediate family member of the
deceased victim involved in an accident occurring on and after
January 1, 1991, and described in subdivision (b), the department
shall place a sign in accordance with this section. A person who is
not a member of the immediate family may also submit a request to
have a sign placed under this section if that person also submits the
written consent of an immediate family member. The department shall
charge the requesting party a fee to cover the department's cost in
designing, constructing, placing, and maintaining that sign, and the
department's costs in administering this section. The sign shall be
posted for seven years from the date of initial placement, or until
the date the department determines that the condition of the sign has
deteriorated to the point that it is no longer serviceable,
whichever date is first.
(2) "Immediate family" means spouse, child, stepchild, brother,
stepbrother, sister, stepsister, mother, stepmother, father, or
stepfather.
(3) If there is any opposition to the placement of the memorial
sign by a member of the immediate family, no sign shall be placed
pursuant to this section.
101.11. (a) The Department of Transportation shall, through the
erection of highway signs and appropriate markers, provide
recognition of the historical importance of the Byzantine-Latino
Quarter in the City of Los Angeles. In order to implement this
subdivision, the department shall determine the cost of signs and
other appropriate markers, consistent with the signing requirements
for the state highway system, showing this special designation, and,
upon receiving donations from nonstate sources sufficient to cover
the cost, shall erect those signs and other appropriate markers at
the appropriate locations on Interstate Highway 10.
(b) Local designation efforts and other similar actions may
complement this project.
101.12. The department may place and maintain, or cause to be
placed and maintained, signs on state highways directing motorists to
communities within the geographical boundaries of a city, county, or
city and county if all of the following conditions are satisfied:
(a) The name of the community is culturally unique and
historically significant.
(b) The name of the community has resulted from the influence of a
culture over a significant period of time.
(c) The general public and media commonly recognize the name of
the community.
(d) The community is located within a city, county, or city and
county.
(e) Signs are consistent with the signing requirements for the
state highway system.
(f) The geographical boundary of the community is within three
miles of the state highway exit.
(g) Trailblazing signs are installed on the appropriate streets or
roads prior to installation of signs on the state highway.
(h) The city, county, or city and county provides funds from
nonstate sources that cover all costs for the Department of
Transportation to place and maintain, or cause to be placed and
maintained, appropriate signs on state highways.
(i) The governing body of the city, county, or city and county in
which the community is located adopts a resolution that does the
following:
(A) Designates the name of the community that is to be used on
directional signs.
(B) Defines the geographical boundaries of the community.
(C) Requests the department to post signs on state highways.
102. (a) In the name of the people of the State of California, the
department may acquire by eminent domain any property necessary for
state highway purposes.
(b) For any property that the department is acquiring by, or under
threat of, eminent domain, the department shall, in a timely manner,
provide a copy of all appraisals it performed or obtained for the
property to the property owner. If any appraisals that are performed
or paid for by the department are first provided to the property
owner, the appraiser shall provide a copy of those appraisals to the
department.
103.5. Subject to Sections 1240.670, 1240.680, and 1240.690 of the
Code of Civil Procedure, the real property which the department may
acquire by eminent domain, or otherwise, includes any property
dedicated to park purposes, however it may have been dedicated, when
the commission has determined by resolution that such property is
necessary for state highway purposes.
103.65. (a) It is the intent of the Legislature that the department
should have a reasonable opportunity to acquire properties needed
for transportation projects.
(b) Whenever the department determines that a specific parcel of
private property will or may be required for the right-of-way of a
state highway transportation corridor within seven years, or is
located within a corridor which is the subject of a special study,
the department shall so notify the planning department of the city or
county in which the parcel is located. When reviewing proposals for
the development of a parcel so identified, the city or county shall
review with the department the status of the proposed transportation
project involving that parcel.
(c) As used in this section, "special study" means a highway study
approved by the commission or the department on or before July 1,
1989, or a study approved after that date conducted pursuant to
Section 14530.5 of the Government Code.
104. The department may acquire, either in fee or in any lesser
estate or interest, any real property which it considers necessary
for state highway purposes. Real property for such purposes includes,
but is not limited to, real property considered necessary for any of
the following purposes:
(a) For rights-of-way, including those necessary for state
highways within cities.
(b) For the purposes of exchanging the same for other real
property to be used for rights-of-way.
(c) For rock quarries, gravel pits, or sand or earth borrow pits.
(d) For offices, shops, or storage yards.
(e) For parks adjoining or near any state highway.
(f) For the culture and support of trees which benefit any state
highway by aiding in the maintenance and preservation of the roadbed,
or which aid in the maintenance of the attractiveness of the scenic
beauties of such highway.
(g) For drainage in connection with any state highway.
(h) For the maintenance of an unobstructed view of any portion of
a state highway so as to promote the safety of the traveling public.
(i) For the construction and maintenance of stock trails.
(j) For the construction and maintenance of nonmotorized
transportation facilities, as defined in Section 156.
104.2. If property is provided through donation or at less than
fair market value to the department for state highway purposes, or
purchased with funds provided by a local agency, the donor or seller
may reserve the right to develop the property, but any development of
the property shall be subject to the approval of the department and
any reservations, restrictions, or conditions that it determines
necessary for highway safety.
104.4. Whenever the right of occup
90. The department shall have full possession and control of all
state highways and all property and rights in property acquired for
state highway purposes. The department is authorized and directed to
lay out and construct all state highways between the termini
designated by law and on the locations as determined by the
commission.
90.1. The powers and duties enumerated in this section are intended
to give the department broader authority to recruit and retain
qualified civil engineers.
(a) The department shall develop and implement a recruitment and
incentive program for highway engineer positions which may include,
but not be limited to, participation by the department in the
repayment of student loans of persons recruited through the program.
The department shall not expend more than one hundred twenty-five
thousand dollars ($125,000) annually to develop and implement the
student loan program, which may be paid from funds available to the
department from the State Highway Account.
(b) The department shall determine the number of engineers needed
in each of its 12 transportation districts and shall recruit
engineers based on the personnel-year needs in each of the districts.
(c) In order to achieve the recruiting goal specified in
subdivision (b), the director may offer salaries to prospective
employees at any pay level above the lowest salary step, not to
exceed the maximum of the range for which that person is qualified.
Salaries of existing employees with similar qualifications in the
same transportation district shall be increased to that level.
(d) To encourage registration, persons employed in the department'
s civil engineering entry level classification shall be eligible to
advance to a higher salary range within the appropriate
classification, as specified in the agreement entered into by the
department and Professional Engineers in California Government on May
3, 1991. Movement within this range remains subject to performance
criteria.
(e) The department shall provide training or reimbursement for
departmental approved training and related expenses to prepare
employees for engineering license and certificate examinations. This
training shall include, but is not limited to, preparation for civil
engineering, land surveying, or landscape architect license
examinations, and engineer-in-training or land surveyor-in-training
certificate examinations. Employees shall be allowed time off without
loss of compensation to attend departmental approved training or
educational preparation for those licenses and certificates.
(f) The director may offer student loans of up to five thousand
dollars ($5,000) per student for tuition, room, board, and expenses
directly related to school attendance, to students enrolled in land
surveying or Accreditation Board for Engineering and Technology
(ABET) certified structural and civil engineering curriculums. While
these loans are intended to help recruit new engineers into the
department, the director is not precluded from offering student loans
to permanent state employees, at the discretion of the director. The
student or employee shall be obligated to repay the entire loan to
the department. However, for the first two years the employee works
for the department, or the first two additional years an employee
agrees to stay with the department, five hundred dollars ($500) of
the loan shall be forgiven. For every additional year of employment
after the first two or additional two years, one thousand dollars
($1,000) of the loan shall be forgiven. If the employee voluntarily
leaves the employment of the department prior to the entire loan
being forgiven, the employee shall pay the remaining portion of the
loan in accordance with a proportionate repayment policy adopted by
the director. Criteria shall be established by the director to
administer this program.
(g) The complexity of the department's engineering work and the
level of responsibility imposed on the department's engineering staff
have increased significantly. For example, engineering oversight for
projects funded from sources such as county tax measures for
transportation and the contracting out for basic engineering services
have significantly increased that complexity and level of
responsibility. To reflect this increase in complexity and level of
responsibility, the first level of supervision for engineering
positions shall be as specified in the agreement entered into by the
department and Professional Engineers in California Government on May
3, 1991.
91. The department shall improve and maintain the state highways,
including all traversable highways which have been adopted or
designated as state highways by the commission, as provided in this
code.
91.5. (a) The department may enter into an agreement to accept
funds, materials, equipment, or services from any person for
maintenance or roadside enhancement, including the cleanup and
abatement of litter, of a section of a state highway. The department
and the sponsoring person may specify in the agreement the level of
maintenance that will be performed.
(b) The director may authorize a courtesy sign. These courtesy
signs shall be consistent with existing code provisions and
department rules and regulations concerning signs.
91.6. The department shall, within its maintenance programs
relating to litter cleanup and abatement, assign a high priority to
litter deposited along state highway segments adjoining storm drains,
streams, rivers, waterways, beaches, the ocean, and other
environmentally sensitive areas. The department may use litter traps
in drains and any other effective technology in carrying out these
responsibilities.
91.8. (a) The department shall, within its maintenance program,
establish procedures for the removal and disposal of animal carcasses
on state highways.
(b) Notwithstanding any other provision of law, including, but not
limited to, prohibitions on the possession and transportation of
endangered or protected species, or the property rights associated
with livestock and other commercially valuable animals, the
department may remove or relocate an animal carcass from a state
highway for safety purposes.
(c) The department shall dispose of animal carcasses in an
environmentally appropriate manner considering both of the following:
(1) The animal's probable legal status, whether as domestic or
commercial property, wild, feral, protected, or endangered, as
follows:
(A) When practicable, an owner of a domestic animal shall be
notified of the location or disposition of the animal carcass. Unless
returned to the owner, license tags, nameplates, or other
identification shall be retained by the department for 30 days.
(B) A branded livestock carcass shall be removed from the roadway
but not otherwise transported until the owner is contacted. If the
owner cannot be identified, the department shall notify the regional
brand inspector.
(C) In the case of wild, feral, protected, or endangered animals,
disposal shall be accomplished in accordance with applicable
provisions of the Fish and Game Code.
(2) If disposal technologies including, but not limited to,
natural decomposition, burial, incineration, donation, rendering, or
composting are not available or practicable, the department may use
any nontraditional or novel technology that may be appropriate under
the circumstances.
(d) Animal carcasses shall not be relocated to or disposed of
within 150 feet of waterways or drainageways that lead directly to
waterways, or buried within five feet of groundwater.
(e) The department shall maintain a record of designated disposal
sites used for consolidation of animal carcasses.
92. The department may do any act necessary, convenient or proper
for the construction, improvement, maintenance or use of all highways
which are under its jurisdiction, possession or control.
92.2. Where practical or desirable, the department shall, along any
highway under its jurisdiction, possession, or control, replace
trees that have been destroyed or removed because of projects
undertaken to widen the highway.
Money from the State Highway Account available for the widening of
highways shall also be available for the planting of trees pursuant
to this section.
92.3. (a) The department shall do both of the following:
(1) Discontinue further water intensive freeway landscaping and
use drought resistant landscaping whenever feasible, taking into
consideration such factors as erosion control and fire retardant
needs.
(2) Eliminate any dependency on imported water for landscaping as
soon as practicable.
(b) The department shall require the use of recycled water for the
irrigation of freeway landscaping when it finds and determines that
all of the following conditions exist:
(1) The recycled water is of adequate quality and is available in
adequate quantity for the proposed use.
(2) The proposed use of the recycled water is approved by the
California regional water quality control board having jurisdiction.
(3) There is a direct benefit to the state highway program for the
proposed use of recycled water.
(4) The recycled water is supplied by a local public agency or
water public utility able to contract for delivery of water and the
installation, maintenance, and repair of facilities to deliver the
water.
(5) The installation of the water delivery facilities does not
unreasonably increase any hazard to vehicles on the freeway or create
unreasonable problems of highway maintenance and repair.
(c) In cooperation with local public agencies and water public
utilities, the department shall permit local public agencies and
water public utilities to place transmission lines for recycled water
in freeway rights-of-way for use by the local public agencies and
water public utilities to transmit recycled water to others, when to
do so will promote a beneficial use of recycled water and that
transmission does not unreasonably interfere with use of the freeway
or unreasonably increase any hazard to vehicles on the freeway,
subject to paragraphs (1) to (5), inclusive, of subdivision (b) and
the following additional requirements:
(1) The local public agency or water public utility holds the
department harmless for any liability caused by a disruption of
service to other users of the recycled water and will defend the
department in any resulting legal action and pay any damages awarded
as a result of that disruption.
(2) The department, in cooperation with the local public agency or
water public utility, may temporarily interrupt service in order to
add to or modify its facilities without liability, as specified in
paragraph (1).
(3) The local public agency or water public utility obtains and
furnishes the department an agreement by all other users of recycled
water from the transmission system holding the department harmless
for any disruption in service.
(4) The local public agency or water public utility has furnished
the department a list of other recycled water users and information
on any backup system or other source of water available for use in
case of a service disruption.
(5) The local public agency is responsible for the initial cost or
any relocation cost of the recycled water transmission lines for
service to other users in the right-of-way and waives its rights to
require the department to pay the relocation costs pursuant to
Sections 702 and 704.
(6) The local public agency or water public utility maintains the
water transmission system subject to reasonable access for
maintenance purposes to be negotiated between the department and the
local public agency or water public utility.
(7) The department has first priority with respect to the recycled
water supply contracted for by the department.
(8) The local public agency or water public utility installs an
automatic control system which will allow the water transmission
system to be shut down in case of an emergency. The department shall
have access to all parts of the transmission system for purposes of
the agreement.
(9) All transmission lines are placed underground and as close as
possible to the freeway right-of-way boundary or at other locations
authorized by the department.
(10) The plans and specifications for the recycled water
transmission facilities have been approved by the department prior to
construction.
(d) As used in this section:
(1) "Local public agency" means any local public agency which
transmits or supplies recycled water to others.
(2) "Water public utility" means any privately owned water
corporation which is subject to the jurisdiction and control of the
Public Utilities Commission.
92.4. Where a city street or county road abuts upon real property
acquired by the state for freeway purposes, the department may
contribute toward the cost of construction of the half of such street
or road that directly fronts or abuts upon such property if such
street or road was established, but not yet constructed, at the time
when the location of such freeway was established by the commission.
92.5. The department shall install, in all tunnels and underpasses
on state highways within metropolitan areas where the tunnel or
underpass is of sufficient length to impede radio reception, wires,
or other devices which will sustain reception of broadcasts by radios
in vehicles traveling through the tunnels and underpasses.
The Legislature declares that the installation of such devices in
state highway tunnels and underpasses is an improvement of highways
within the meaning of Section 1 of Article XIX of the California
Constitution since it will assist law enforcement officers in their
patrol duties by enabling them to receive essential radio calls and
also will increase the enjoyment of the people in the use of the
state highways.
92.6. At such locations as shall be determined by the department to
be appropriate, screening shall be installed and maintained on state
freeway overpasses on which pedestrians are allowed, in order to
prevent objects from being dropped or thrown upon vehicles passing
underneath. First consideration shall be given to freeway overpasses
in urban areas.
93. The department may construct and maintain detours as may be
necessary to facilitate movement of traffic where state highways are
closed or obstructed by construction or otherwise. The department may
direct traffic onto any other public highway which will serve as a
detour, in which case the department, upon the completion of such
use, and upon the request of the local agency having jurisdiction
over the highway, shall restore the same to its former condition;
provided, that the local agency shall reimburse the department for
the amount of all betterment to such highway caused by the
restoration. The department shall also reimburse the local agency for
all reasonable additional expenses incurred by that agency in
maintaining said highway during the period of detour if such
additional expenses were caused by said detour.
94. (a) The department may make and enter into any contracts in the
manner provided by law that are required for performance of its
duties, provided that contracts with federally recognized Indian
tribes shall be limited to activities related to on-reservation or
off-reservation cultural resource management and environmental
studies and off-reservation traffic impact mitigation projects on or
connecting to the state highway system.
(b) To implement off-reservation traffic impact mitigation
contracts with federally recognized Indian tribes, all of the
following shall apply:
(1) Any contract shall provide for the full reimbursement of
expenses and costs incurred by the department in the exercise of its
contractual responsibilities. Funds for the project shall be placed
in an escrow account prior to project development. The contract shall
also provide for a limited waiver of sovereign immunity by that
Indian tribe for the state for the purpose of enforcing obligations
arising from the contracted activity.
(2) The proposed transportation project shall comply with all
applicable state and federal environmental impact and review
requirements, including, but not limited to, the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code).
(3) The department's work on the transportation project under the
contract shall not jeopardize or adversely affect the completion of
other transportation projects included in the adopted State
Transportation Improvement Program.
(4) The transportation project is included in or consistent with
the affected regional transportation plan.
94.3. To the extent that existing provisions of Part 23 (commencing
with Section 23.1) of Title 49 of the Code of Federal Regulations,
as amended April 27, 1981, are not applicable to highway contracts
awarded by the department that are solely state funded, the
department shall develop a program to implement comparable provisions
applicable to those contracts.
94.4. (a) It shall be unlawful for a person to:
(1) Knowingly and with intent to defraud, fraudulently obtain,
retain, attempt to obtain or retain, or aid another in fraudulently
obtaining or retaining or attempting to obtain or retain,
certification as a minority business enterprise for the purposes of
this article.
(2) Willfully and knowingly make a false statement with the intent
to defraud, whether by affidavit, report, or other representation,
to a state official or employee for the purpose of influencing the
certification or denial of certification of any entity as a minority
business enterprise.
(3) Willfully and knowingly obstruct, impede, or attempt to
obstruct or impede any state official or employee who is
investigating the qualifications of a business entity which has
requested certification as a minority business enterprise.
(4) Knowingly and willfully with intent to defraud, fraudulently
obtain, attempt to obtain, or aid another person in fraudulently
obtaining or attempting to obtain, public moneys to which the person
is not entitled under this article.
(b) Any person who is found by the department to have violated any
of the provisions of subdivision (a) is subject to a civil penalty
of not more than five thousand dollars ($5,000).
(c) If a contractor, subcontractor, supplier, subsidiary, or
affiliate thereof, has been found by the department to have violated
subdivision (a) and that violation occurred within three years of
another violation of subdivision (a) found by the department, the
department shall prohibit that contractor, subcontractor, supplier,
subsidiary, or affiliate thereof, from entering into a state project
or state contract and from further bidding to a state entity, and
from being a subcontractor to a contractor for a state entity and
from being a supplier to a state entity.
(d) For the purposes of this section, "minority" means those
individuals who can be identified as being part of one of the
following groups:
(1) "Black Americans," which includes persons having origins in
any of the Black racial groups of Africa.
(2) "Hispanic Americans," which includes persons of Mexican,
Puerto Rican, Cuban, Central or South American, or other Spanish
culture or origin, regardless of race.
(3) "Native Americans," which includes persons who are American
Indians, Eskimos, Aleuts, or Native Hawaiians.
(4) "Asian-Pacific Americans," which includes persons whose
origins are from Japan, China, Taiwan, Korea, Vietnam, Laos,
Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of
the Pacific, and the Northern Marianas.
(5) "Asian-Indian Americans," which includes persons whose origins
are from India, Pakistan, and Bangladesh.
(6) Those persons determined by the department, on a case-by-case
basis, as socially and economically disadvantaged in accordance with
applicable federal regulations.
(e) For the purposes of this section, "minority business
enterprise" means a small business concern, as defined in Section 632
of Title 15 of the United States Code, and which also meets the
following requirements:
(1) It is at least 51 percent owned by one or more women or
minority individuals or, in the case of any publicly-owned business,
at least 51 percent of its stock is owned by one or more women or
minority individuals.
(2) Its management and daily business operations are controlled by
one or more of the women or minority individuals who own it.
95. Whenever the commission relinquishes any portion of any state
highway superseded by relocation and the construction of a freeway
and when the department has prior to relinquishment maintained snow
removal operations on the portion of state highway relinquished and
when property having access to the relinquished portion of state
highway was developed for winter recreational purposes at the time of
relinquishment, the department may with the consent of the county or
counties to which the road is relinquished, maintain snow removal
operations on all or a portion of the state highway which has been
superseded by relocation.
95.5. From and after November 8, 1967, the department shall remove
snow from that portion of former U.S. Route 40, which has been
superseded by the relocation and construction of Interstate Route 80,
commencing at its intersection with Interstate Route 80 near Donner
Memorial Park westerly approximately four miles to the vicinity of
Donner Lake.
95.6. (a) The department shall adopt and implement, on or before
July 1, 1992, a deicing policy for state highways. The policy shall
be set forth in a plan and method for deicing state highways, using
all appropriate deicing technologies, while at the same time
maintaining highway safety.
(b) The plan shall be submitted to the Legislature on or before
July 1, 1992. All or part of the elements of the plan shall be
incorporated in the department's budget proposal for the 1992-93
fiscal year and budget proposals for subsequent fiscal years. The
department shall examine all possible funding sources.
(c) The plan shall include, but not be limited to, all of the
following:
(1) A review of research conducted in California and other states
on the use of deicing salt substitutes and deicing technologies.
(2) When available, the incorporation of applicable technical
findings of the ongoing study by the Transportation Research Board of
the National Research Council which will analyze the costs to the
public and private sectors, including, but not limited to, damage to
vegetation, highway structures, and motor vehicles, of using salt as
a deicing agent as compared with the use of commercially available
substitute deicing materials or techniques.
(3) A plan for reducing or eliminating the use of salt as a
primary deicing agent on specified routes, including, but not limited
to, State Highway Routes 28, 50, 80, and 89 in the Lake Tahoe Basin,
and substituting environmentally safe deicing techniques where
significant environmental damage has already occurred, in accordance
with the legislative intent expressed in subdivision (f) of Section 1
of the act which added this section.
(4) An analysis of the direct cost to each state transportation
district for both initial capital costs, including repair of road
salt's environmental damage, and annual costs to convert to an
environmentally safe deicing policy.
96. If any directional or traffic control sign installed or
maintained by the department within the right-of-way of a state
highway is defaced with graffiti in a manner which interferes with
the ability of motorists to comprehend the information which the sign
was intended to convey, thereby posing a danger to the public, the
department shall, as soon as reasonably possible after learning of
the graffiti, either remove the graffiti and treat the sign with an
anti-graffiti substance or material, or replace the sign, whichever
is more practical and economical.
97. (a) A state highway segment shall be designated by the
department as a Safety Enhancement-Double Fine Zone if all of the
following conditions have been satisfied:
(1) The highway segment is eligible for designation pursuant to
subdivision (b).
(2) The Director of Transportation, in consultation with the
Commissioner of the California Highway Patrol, certifies that the
segment identified in subdivision (b) meets all of the following
criteria:
(A) The highway segment is a conventional highway or expressway
and is part of the state highway system.
(B) The rate of total collisions per mile per year on the segment
under consideration has been at least 1.5 times the statewide average
for similar roadway types during the most recent three-year period
for which data are available.
(C) The rate of head-on collisions per mile per year on the
segment under consideration has been at least 1.5 times the statewide
average for similar roadway types during the most recent three-year
period for which data are available.
(3) The Department of the California Highway Patrol or local
agency having traffic enforcement jurisdiction, as the case may be,
has concurred with the designation.
(4) The governing board of each city, or county with respect to an
unincorporated area, in which the segment is located has by
resolution indicated that it supports the designation.
(5) An active public awareness effort to change driving behavior
is ongoing either by the local agency with jurisdiction over the
segment or by another state or local entity.
(6) Other traffic safety enhancements, including, but not limited
to, increased enforcement and other roadway safety measures, are in
place or are being implemented concurrent with the designation of the
Safety Enhancement-Double Fine Zone.
(b) The following segments are eligible for designation as a
Safety Enhancement-Double Fine Zone pursuant to subdivision (a):
State Highway Route 12 between the State Highway Route 80 junction
in Solano County and the State Highway Route 5 junction in San
Joaquin County.
(c) Designation of a segment as a Safety Enhancement-Double Fine
Zone by the department pursuant to subdivision (a) shall be done in
writing and a written notification shall be provided to the court
with jurisdiction over the area in which the highway segment is
located. The designation shall be valid for a minimum of two years
from the date of submission to the court.
(d) After the two-year period, and at least every two years
thereafter, the department, in consultation with the Department of
the California Highway Patrol, shall evaluate whether the highway
segment continues to meet the conditions set forth in subdivision
(a). If the segment meets those conditions, the department shall
renew the designation in which case an updated notification shall be
sent to the court. If the department, in consultation with the
Department of the California Highway Patrol, determines that any of
those conditions no longer apply to a segment designated as a Safety
Enhancement-Double Fine Zone under this section, the department shall
revoke the designation and the segment shall cease to be a Safety
Enhancement-Double Fine Zone.
(e) A Safety Enhancement-Double Fine Zone is subject to the rules
and regulations adopted by the department prescribing uniform
standards for warning signs to notify motorists that, pursuant to
Section 42010 of the Vehicle Code, increased penalties apply for
traffic violations that are committed within a Safety
Enhancement-Double Fine Zone.
(f) (1) The department or the local authority having jurisdiction
over these highway and road segments shall place and maintain the
warning signs identifying these segments by stating that a "Special
Safety Zone Region Begins Here" and a "Special Safety Zone Ends Here."
(2) Increased penalties shall apply to violations under Section
42010 of the Vehicle Code only if appropriate signage is in place
pursuant to this subdivision.
(3) If designation as a Safety Enhancement-Double Fine Zone is
revoked pursuant to subdivision (d), the department shall be
responsible for removal of all signage placed pursuant to this
subdivision.
(g) Safety Enhancement-Double Fine Zones do not increase the civil
liability of the state or local authority having jurisdiction over
the highway segment under Division 3.6 (commencing with Section 810)
of Title 1 of the Government Code or any other provision of law
relating to civil liability.
(1) Only the base fine shall be enhanced pursuant to this section.
(2) Notwithstanding any other provision of law, any additional
penalty, forfeiture, or assessment imposed by any other statute shall
be based on the amount of the base fine before enhancement or
doubling and shall not be based on the amount of the enhanced fine
imposed pursuant to this section.
(h) The projects specified as a Safety Enhancement-Double Fine
Zone shall not be elevated in priority for state funding purposes.
(i) The requirements of subdivision (a) shall not apply to the
Safety Enhancement-Double Fine Zone established prior to the
effective date of this subdivision pursuant to Section 97.4 or to the
Safety Enhancement-Double Fine Zones established pursuant to Section
97.5.
(j) The department shall conduct an evaluation of the
effectiveness of all double fine zones, except those designated
pursuant to Section 97.5, that will terminate the same calendar year
and submit its findings in one report to the Assembly Committee on
Transportation and the Senate Committee on Transportation and Housing
one year prior to the termination of the double fine zones. The
report shall include a recommendation on whether the zones should be
reauthorized by the Legislature.
97.01. The following segments are eligible for designation as
Safety Awareness Zones pursuant to Section 97.1:
(a) The Golden Gate Bridge.
97.1. (a) A highway segment shall be designated as a Safety
Awareness Zone if all of the following conditions have been met:
(1) The highway segment is eligible for designation under Section
97.01.
(2) Each local governing body or bodies, with jurisdiction over
the area or areas in which the eligible segment is located, has
adopted a resolution indicating its support for the designation as
well as a Safety Awareness Zone Plan addressing education,
enforcement, and engineering measures intended to support the
designation.
(3) If the highway segment is a state highway, the Safety
Awareness Zone Plan has been approved by the Director of
Transportation and the Commissioner of the Department of the
California Highway Patrol.
(b) A Safety Awareness Zone designation shall be deemed effective
immediately upon satisfaction of all requirements pursuant to
subdivision (a) and may remain in effect for a period not to exceed
three years from the effective date. The designation may be renewed
for a period not to exceed three years. Renewal of a designation for
a highway segment that is a state highway shall require the approval
by the Director of Transportation and the Commissioner of the
Department of the California Highway Patrol of an updated Safety
Awareness Zone Plan.
(c) The department shall develop a sign to notify motorists of the
presence of a Safety Awareness Zone, and shall place and maintain
the signs for as long as the designation is in effect pursuant to
this section.
(d) Presence of a Safety Awareness Zone does not increase the
civil liability of the state or local authority having jurisdiction
over the highway segment under Division 3.6 (commencing with Section
810) of Title 1 of the Government Code or any other provision of law
relating to civil liability.
(e) Projects on a highway segment specified as a Safety Awareness
Zone shall not be elevated in priority for state funding purposes.
(f) For purposes of this section, "highway" has the meaning set
forth in Section 360 of the Vehicle Code.
97.5. (a) Notwithstanding subdivision (a) of Section 97, the
following segments shall be designated as Safety Enhancement-Double
Fine Zones:
(1) State Highway Route 1 between Junipero Serra Boulevard and
Lake Street in the City and County of San Francisco.
(2) State Highway Route 101 between Golden Gate Avenue and Lyon
Street in the City and County of San Francisco.
(b) The department shall conduct a Safety Enhancement-Double Fine
Zone study on the segments identified in subdivision (a) that relates
to pedestrian safety and that evaluates the appropriateness of
adding additional criteria to subdivision (a) of Section 97 and
whether changes or additional criteria should be considered for
adoption.
(1) The study shall include, but not be limited to, all of the
following:
(A) A review of traffic volume, speed, the number and severity of
collisions, the number and severity of pedestrian-related collisions,
and contributing collision factors.
(B) A before and after study on pedestrian and roadway facilities,
including, but not limited to, those facilities that have been
revised or updated.
(C) A recommendation on whether the zones described in subdivision
(a) should be reauthorized by the Legislature.
(2) On or before January 1, 2013, the department shall submit its
findings from the study in a report to the appropriate committees of
the Legislature.
(c) Subdivisions (e) to (h), inclusive, of Section 97 shall apply
to the segments designated as Safety Enhancement-Double Fine Zones
pursuant to subdivision (a).
(d) This section shall remain in effect until January 1, 2014, and
as of that date is repealed, unless a later statute, that is enacted
before January 1, 2014, deletes or extends that date.
100. Using existing resources, the department shall monitor the
cumulative impact of fragmented gaps in the state highway system to
identify safety and long-term maintenance issues.
100.1. The department is authorized to do any and all things
necessary to lay out, acquire and construct any section or portion of
a State highway as a freeway or to make any existing State highway a
freeway.
100.2. The department is authorized to enter into an agreement with
the city council or board of supervisors having jurisdiction over
the street or highway and, as may be provided in such agreement, to
close any city street or county highway at or near the point of its
interception with any freeway or to make provision for carrying such
city street or county highway over or under or to a connection with
the freeway and may do any and all work on such city street or county
highway as is necessary therefor. No city street or county highway
shall be closed, either directly or indirectly, by the construction
of a freeway except pursuant to such an agreement or while
temporarily necessary during construction operations. No city street,
county road, or other public highway of any kind shall be opened
into or connected with any freeway unless and until the commission
adopts a resolution consenting thereto and fixing the terms and
conditions on which such connection shall be made and the commission
may give or withhold its consent or fix such terms and conditions as,
in its opinion, will best subserve the public interest.
100.21. (a) Whenever a street or highway closing agreement is
required by Section 100.2, the department shall not acquire, except
by gift, and except in hardship or protective cases as determined by
the department or the commission, any real property for a freeway
through a city until an agreement is first executed with the city
council, or for a freeway through unincorporated territory in a
county until an agreement is first executed with the board of
supervisors. The department shall give notice to the city council or
the board of supervisors, as the case may be, of any acquisition of
real property prior to the execution of an agreement.
(b) Notwithstanding subdivision (a), a city council, or a county
board of supervisors may, by resolution, authorize the purchase of
rights-of-way prior to approval of an agreement if the purchase is
limited to the mainline corridor of the proposed freeway and the
alignment of the freeway is not at issue.
100.22. The city council or board of supervisors shall, prior to
entering into the agreement contemplated by Section 100.2, conduct a
public hearing on the subject.
100.25. In addition to the other matters that may be covered by the
agreements authorized under Section 100.2, provisions for
improvements, revisions or extensions of city streets or county
highways leading to or from a freeway, deemed by the department to be
necessary in accommodating the freeway traffic in making proper
connections between the existing system of city streets or county
roads and the freeway, may be included in such agreements and the
department may perform such work as a part of the freeway
construction.
100.3. From and after the adoption of a resolution by the
commission declaring any section of a state highway to be a freeway,
the highway described in such resolution shall have the status of a
freeway for all purposes of Section 100.2.
Such declaration shall not affect private property rights of
access, and any such rights taken or damaged within the meaning of
Section 19 of Article I of the California Constitution for such
freeway shall be acquired in a manner provided by law.
No state highway shall be converted into a freeway except with the
consent of the owners of abutting lands or the purchase or
condemnation of their right of access thereto.
100.4. Notwithstanding Section 100.2, the department may construct
a freeway, without an agreement with a county or city, on the route
determined by the commission, if all of the following conditions have
been met:
(a) The freeway is included within the California freeway and
expressway system and a route has been adopted.
(b) Construction has commenced, but has not been completed,
leaving an existing gap between the constructed portions of the
freeway.
(c) In addition to the adopted route, there is at least one
feasible alternative route as determined by the department.
(d) A draft environmental impact report or statement has been
prepared on the unconstructed portion of the freeway.
(e) The affected freeway segment is within the jurisdiction of the
Los Angeles County Metropolitan Transportation Authority.
(f) An agreement with one or more counties and cities pursuant to
Section 100.2 is not possible because an impasse, as evidenced by the
lack of freeway agreements by all affected jurisdictions, has
existed for 10 or more years after an initial route was adopted.
(g) Under the conditions set forth in subdivisions (a) to (f),
inclusive, the commission shall hold public hearings as it may deem
necessary, review the draft or final environmental impact report or
statement, and consider the recommendation and records of the
authority and other documents as it may deem advisable. The
commission shall take into consideration all the traditional factors
of route selection by the state, including the question of least
adverse economic and physical impact on the communities involved, but
any previous selection by the commission or its predecessor shall
not be considered binding.
(h) The environmental impact report or statement shall examine the
potential impacts of alternative route alignments on the communities
involved. The definition and scope of these communities shall
reflect the sense of community of residents within and immediately
adjacent to the adopted route and alternate route location.
(i) The department shall prepare a draft environmental impact
report or statement. The commission may hold public hearings on the
draft environmental impact report or statement as it deems necessary.
The department shall prepare a final environmental impact report or
statement after the completion of the public review period of the
draft environmental impact report or statement. The commission shall
select a route after the completion of the environmental impact
report or statement.
(j) If the route selected by the commission differs from a prior
route adopted by the commission or a prior recommendation by the
authority, the commission shall set forth, as a part of its decision
statement, the reasons for the route selected.
(k) For any freeway constructed pursuant to this section, the
department shall establish an outreach program to maximize the
participation of businesses and professionals from within the county
in which the freeway segment is located in the construction of the
freeway segment.
(l) As used in this section, "authority" means the Los Angeles
County Metropolitan Transportation Authority, or its predecessor, the
Los Angeles County Transportation Commission.
100.45. When the department constructs a freeway on the route
selected pursuant to Section 100.4 the department shall meet and
confer with affected counties and cities with respect to the design
of the portion of the freeway to be constructed within the
jurisdiction of the affected county or city.
100.5. Whenever the location of a State highway is such that a
ferry must be used to completely traverse said highway, and there is
no existing ferry furnishing service to traffic on said highway, the
department may construct, maintain and operate such a ferry, or may,
by cooperative agreement, delegate the construction, maintenance or
operation thereof to a county, or if the termini of a ferry are
within one or more cities, to the cities concerned. Whenever a
highway between the termini of which a publicly owned ferry is used,
is declared to be a State highway, the title to the ferry and all
appurtenances thereto vests in the State. The department is
authorized to promulgate reasonable rules and regulations governing
the hours of operation of such ferries. The department may impose a
charge of not to exceed one dollar per vehicle for the use of such
ferries between the hours of 11 p.m. and 5 a.m.; provided, that in no
event shall any charge be imposed on any ferry formerly operated by
a county where the county maintained free ferry service for
twenty-four hours per day at the time the ferry is or was taken over
by the department. It is unlawful to operate on any such ferries or
the approaches thereto, a vehicle of a size or weight or at a speed,
greater than that which any such ferry or its approaches, with safety
to itself and to the traveling public, will permit. The department
shall determine the maximum size, weight and speed of vehicles which
with safety can be permitted on such ferries and shall by appropriate
signs notify the public of its determination. It is prima facie
evidence of violation of this section to exceed the limit specified
by the department upon such signs. The department is authorized to
recover by civil action any damages done to such ferries or the
approaches thereof by reason of a failure to comply with the
provisions of this section and a violation of the limits specified on
the signs erected by the department is prima facie evidence of such
violation.
100.51. Notwithstanding any provision of Section 100.5, whenever
any bridge or highway crossing over a navigable waterway in this
state, including, but not limited to, toll bridges or other toll
highway crossings built or acquired under the provisions of the
California Toll Bridge Authority Act, is closed to traffic because of
accident thereto or repair thereof or is for any reason unable fully
to accommodate traffic, the department may operate a vehicular or
passenger ferry as a substitute therefor. In the operation of such
vehicular or passenger ferry, the department may impose a toll for
passage. For the purpose of imposing such toll, the department may
employ any reasonable classification of vehicles, including, but not
limited to, classification by weight, length, or number of axles.
100.6. The department may, on behalf of the State of California,
enter into agreements with any adjoining state, or any proper agency
of such state, for the construction, reconstruction, operation and
maintenance, by any party to such agreement, in the manner and by
such means as may be provided in the agreement, of bridges over
interstate waters and may enter into like agreements with respect to
construction, reconstruction, operation and maintenance of highways
within this State or such adjoining state, when such highways are at
or near the common boundary of the states. Payment for work done
pursuant to such agreements may be made from any fund available to
the department for highway purposes.
100.7. The department may, for the protection of the State of
California, insure any bridge on the State Highway System acquired or
constructed under provisions of the California Toll Bridge Authority
Act against all risks in any amount up to the full insurable value
thereof. In case of damage or destruction, the proceeds of such
insurance shall be applied to the restoration of such bridge. Any
such bridge may be so insured irrespective of the retirement of all
indebtedness incurred for its acquisition or construction, and the
cost of such insurance shall be paid from any funds available to the
department for highway purposes.
Any such bridge, other than bridges over the San Francisco Bay,
shall, after retirement of all indebtedness incurred for its
acquisition or construction, be maintained and operated as a free
bridge and the cost thereof charged to funds available for
maintenance of state highways.
100.9. When any state highway is relocated in such a manner as to
bypass a city or business district, the department shall erect and
maintain appropriate directional signs, at the junction of the bypass
and the road leading into such city or business district, and at a
reasonable distance in advance of such junction, for the guidance of
traffic desiring to enter the city or business district. Upon
relinquishment of the bypassed highway to the county or city
concerned, the signs, other than those designating the state or
federal route number of such highway, previously erected on such
highway shall be left in place by the department and thereafter shall
be maintained by such county or city. When relinquishing any such
bypassed highway, the department shall direct the attention of the
county or city concerned to the provisions of this section regarding
continued maintenance of such signs by the county or city.
101. (a) The department shall keep in repair all objects or markers
adjacent to a state highway which have been erected to mark
registered historical places and shall keep such markers free from
vegetation which may obscure them from view.
(b) When the Legislature, by concurrent resolution, has designated
names for certain districts and state highway bridges, and requested
the placing of name plaques at the boundaries of the districts or on
the bridges, the department is authorized to expend reasonable sums
for such plaques.
(c) Any major bridge not previously named by the Legislature may
be named by the Legislature, by concurrent resolution, for a
serviceman killed in action who was a resident of the county in which
the bridge is located. The name shall be selected from names
submitted to the department by veterans' associations as defined by
Section 1260 of the Military and Veterans Code.
101.1. (a) The department may place the state's 9-1-1 emergency
telephone number on road signs on all state highways at state entry
points and county, city, and town limit entry points. The department
shall place and maintain, or cause to be placed and maintained, on
all state highways at the city limit of each incorporated city and at
the limits of each unincorporated town, as determined by the
department, a uniform road sign which sets forth the name of the city
or town, its population, and its altitude, as determined by the
department. Where the limits of a county, city, or town intersect a
state highway at more than two points, the department, in its
discretion, need erect the signs only at each of the two outermost
points on the state highway where the intersection occurs.
(b) The department shall adopt specifications to provide for
uniform signs of permanent character setting forth the information
required in subdivision (a). The emergency telephone numbers shall be
added to the road signs in subdivision (a) only when the signs are
changed for other purposes.
101.2. The department may, when it deems it necessary, replace or
cause to be replaced any city limit road sign.
101.3. The department shall submit all plans and specifications for
any bridge or other structure across any river or other drainage
channel or basin subject to the jurisdiction of the Reclamation Board
for approval in accordance with the provisions of the Reclamation
Board Act, and shall not construct any such bridge or structure
without the approval of the said board. Whenever a bridge or other
structure has been constructed according to plans and specifications
which have been approved by the Reclamation Board, no change in or
replacement or relocation of such bridge or structure shall be
required by said board from funds appropriated for highway purposes
without the consent of the department.
101.4. The department shall replace or cause to be replaced any
city limit road sign if all the following conditions exist:
(a) If the legislative body of a city requests the replacement.
(b) If the request is based upon a substantial change of
population evidenced by a special or general federal census.
(c) If no previous request has been made by the city within a
period of five years.
101.5. The department may file for record with the State Lands
Commission such maps as are necessary to furnish an accurate
description of any ungranted swamp, overflow, tide, or submerged
lands, the bed of any navigable channel, stream, river, creek, lake,
bay, or inlet, or other sovereign lands of the State of California
which, in the opinion of the department, are needed as a right-of-way
for, and for the protection of, any state highway or as a source of
materials for the construction, maintenance, or improvement of any
state highway. Upon the approval of such map by the State Lands
Commission, the lands described therein shall be reserved for such
use by the department and the department is thereupon authorized to
enter upon, occupy, and use such lands for such purpose or purposes.
Any subsequent grant or permission to use such lands shall be
subordinate to such reservation. Any such reservation may be released
by the written certificate of the director filed with the State
Lands Commission. This section shall not apply to state school lands.
The department shall determine the reasonable value of such
right-of-way or materials and shall deposit such amount in the State
Parks and Recreation Fund. The amount so deposited shall be
considered as part of the cost of construction of the state highways.
101.6. The department shall design, place and maintain or cause to
be placed and maintained at appropriate places along state highways
signs which indicate the maximum penalty which may be prescribed for
throwing or discharging any litter or any flammable or glowing
substance from any vehicle outside of a business or residence
district. County road commissioners shall place such signs along
roads for which they are responsible.
101.7. (a) The department shall adopt rules and regulations that
allow the placement, near exits on freeways located in rural areas,
of information signs identifying specific roadside businesses
offering fuel, food, lodging, camping services, approved 24-hour
pharmacy services, or approved attractions, and that prescribe the
standards for those signs.
(b) The department shall provide equal access to all business
applicants.
(c) The department shall not approve the placement of any sign
within any urban area designated by the United States Bureau of the
Census as having a population of 5,000 or more.
The department may not remove an information sign that was placed
before January 1, 2003, due solely to population growth in an urban
area that results in a population of 5,000 or more but less than
10,000.
(d) The information signs may be placed near the freeway exits in
addition to, or in lieu of, other highway signs of the department,
but not in lieu of on-premises or off-premises highway oriented
business signs and directional signs.
(e) The department shall establish and charge a fee to place and
maintain information signs in an amount not less than 25 percent
above its estimated cost in placing and maintaining the information
signs. The department shall annually review the amount of that fee
and revise it as necessary. Funds derived from the imposition of the
fee, after deduction of the cost to the department for the placement
and maintenance of the information signs, shall be available, upon
appropriation by the Legislature, for safety roadside rest purposes.
(f) The department shall incorporate the use of an "RV-friendly"
symbol on an information sign placed pursuant to subdivision (a) for
a specific roadside business that meets criteria of the department
regarding sufficiency for recreational vehicles with respect to the
parking spaces and surfaces, vertical clearance, turning radius, and
entrances and exits of the facility. A specific roadside business
otherwise qualified for a sign pursuant to subdivision (a) may
qualify for and request an "RV-friendly" symbol for that sign. The
department shall adopt rules and regulations for an "RV-friendly"
symbol consistent with this section as well as the Federal Highway
Administration's Interim Approval for Addition of RV-friendly Symbol
to Specific Service Signs. The rules and regulations adopted by the
department shall include a provision for the roadside business to
acknowledge that overnight occupancy is not permitted unless the
roadside business is licensed as a special occupancy park as defined
in Section 18862.43 of the Health and Safety Code. The department
shall establish and charge an additional fee pursuant to subdivision
(e) to place and maintain the symbol.
(g) The department shall develop rules and regulations governing
signs for approved attractions, which shall include amusement parks,
botanical and zoological facilities, business districts and main
street communities, education centers, golf courses, historical
sites, museums, religious sites, resorts, ski areas, marinas, "u-pick"
farms and orchards, farmers' markets, and wineries, viticulture
areas, and vineyards.
101.8. (a) The department may design, place, and maintain, or cause
to be designed, placed, and maintained, along state highways, signs
to inform motorists of rail transportation services which receive
public funding, in whole or in part, unless the sign would result in
incurring the penalty specified in subsection (b) of Section 131 of
Title 23 of the United States Code.
(b) These signs may only be placed within the right-of-way of
state highways that are parallel or adjacent to publicly funded
passenger rail routes.
(c) The signs are information structures or information signs as
those terms are used in Sections 5203 and 5221 of the Business and
Professions Code.
101.9. (a) The department shall adopt rules and regulations to
allow, in rural areas, the placement, on interstate and primary
highways near public exits, of guide signs indicating the existence,
within one-half mile of that exit, of a fire station which is open 24
hours each day of the year.
(b) Upon the request of the Department of Forestry and Fire
Protection or a city or county, the department may place and maintain
the signs in accordance with the adopted rules and regulations. The
department shall bear the costs of placing and maintaining the signs.
101.10. (a) (1) The department shall design, construct, place, and
maintain, or cause to be designed, constructed, placed, and
maintained, along state highways, signs that read as follows: "Please
Don't Drink and Drive," followed by: "In Memory of (victim's name)."
These signs shall be placed upon the state highways in accordance
with this section, placement guidelines adopted by the department,
and any applicable federal limitations or conditions on highway
signage, including location and spacing. Signs may memorialize more
than one victim. "Victim" for purposes of this section means a person
who was killed in a vehicular accident, but does not include a party
described in paragraph (2) of subdivision (c).
(2) The department shall adopt program guidelines for the
application for and placement of signs authorized by this section,
including, but not limited to, the sign application and qualification
process, the procedure for the dedication of signs, and procedures
for the replacement or restoration of any signs that are damaged or
stolen.
(b) If the placement at the location of a vehicular accident is
safe and practical and the conditions of subdivisions (c) and (d) are
met, the department shall place a sign described in subdivision (a)
in close proximity to the location where the vehicular accident
occurred.
(c) (1) A party to that accident was convicted of any of the
following:
(A) Murder of the second degree under Section 187, and the
violation was a direct result of driving a vehicle while in violation
of Section 23152 or 23153 of the Vehicle Code.
(B) Gross vehicular manslaughter while intoxicated under
subdivision (a) of Section 191.5 of the Penal Code.
(C) Vehicular manslaughter under subdivision (b) of Section 191.5
of the Penal Code.
(2) A party to that accident operated a vehicle involved in the
vehicular accident in violation of Section 23152 or 23153 of the
Vehicle Code, but died in the accident or was not prosecuted because
he or she is found mentally incompetent pursuant to Section 1367 of
the Penal Code.
(d) (1) Upon the request of an immediate family member of the
deceased victim involved in an accident occurring on and after
January 1, 1991, and described in subdivision (b), the department
shall place a sign in accordance with this section. A person who is
not a member of the immediate family may also submit a request to
have a sign placed under this section if that person also submits the
written consent of an immediate family member. The department shall
charge the requesting party a fee to cover the department's cost in
designing, constructing, placing, and maintaining that sign, and the
department's costs in administering this section. The sign shall be
posted for seven years from the date of initial placement, or until
the date the department determines that the condition of the sign has
deteriorated to the point that it is no longer serviceable,
whichever date is first.
(2) "Immediate family" means spouse, child, stepchild, brother,
stepbrother, sister, stepsister, mother, stepmother, father, or
stepfather.
(3) If there is any opposition to the placement of the memorial
sign by a member of the immediate family, no sign shall be placed
pursuant to this section.
101.11. (a) The Department of Transportation shall, through the
erection of highway signs and appropriate markers, provide
recognition of the historical importance of the Byzantine-Latino
Quarter in the City of Los Angeles. In order to implement this
subdivision, the department shall determine the cost of signs and
other appropriate markers, consistent with the signing requirements
for the state highway system, showing this special designation, and,
upon receiving donations from nonstate sources sufficient to cover
the cost, shall erect those signs and other appropriate markers at
the appropriate locations on Interstate Highway 10.
(b) Local designation efforts and other similar actions may
complement this project.
101.12. The department may place and maintain, or cause to be
placed and maintained, signs on state highways directing motorists to
communities within the geographical boundaries of a city, county, or
city and county if all of the following conditions are satisfied:
(a) The name of the community is culturally unique and
historically significant.
(b) The name of the community has resulted from the influence of a
culture over a significant period of time.
(c) The general public and media commonly recognize the name of
the community.
(d) The community is located within a city, county, or city and
county.
(e) Signs are consistent with the signing requirements for the
state highway system.
(f) The geographical boundary of the community is within three
miles of the state highway exit.
(g) Trailblazing signs are installed on the appropriate streets or
roads prior to installation of signs on the state highway.
(h) The city, county, or city and county provides funds from
nonstate sources that cover all costs for the Department of
Transportation to place and maintain, or cause to be placed and
maintained, appropriate signs on state highways.
(i) The governing body of the city, county, or city and county in
which the community is located adopts a resolution that does the
following:
(A) Designates the name of the community that is to be used on
directional signs.
(B) Defines the geographical boundaries of the community.
(C) Requests the department to post signs on state highways.
102. (a) In the name of the people of the State of California, the
department may acquire by eminent domain any property necessary for
state highway purposes.
(b) For any property that the department is acquiring by, or under
threat of, eminent domain, the department shall, in a timely manner,
provide a copy of all appraisals it performed or obtained for the
property to the property owner. If any appraisals that are performed
or paid for by the department are first provided to the property
owner, the appraiser shall provide a copy of those appraisals to the
department.
103.5. Subject to Sections 1240.670, 1240.680, and 1240.690 of the
Code of Civil Procedure, the real property which the department may
acquire by eminent domain, or otherwise, includes any property
dedicated to park purposes, however it may have been dedicated, when
the commission has determined by resolution that such property is
necessary for state highway purposes.
103.65. (a) It is the intent of the Legislature that the department
should have a reasonable opportunity to acquire properties needed
for transportation projects.
(b) Whenever the department determines that a specific parcel of
private property will or may be required for the right-of-way of a
state highway transportation corridor within seven years, or is
located within a corridor which is the subject of a special study,
the department shall so notify the planning department of the city or
county in which the parcel is located. When reviewing proposals for
the development of a parcel so identified, the city or county shall
review with the department the status of the proposed transportation
project involving that parcel.
(c) As used in this section, "special study" means a highway study
approved by the commission or the department on or before July 1,
1989, or a study approved after that date conducted pursuant to
Section 14530.5 of the Government Code.
104. The department may acquire, either in fee or in any lesser
estate or interest, any real property which it considers necessary
for state highway purposes. Real property for such purposes includes,
but is not limited to, real property considered necessary for any of
the following purposes:
(a) For rights-of-way, including those necessary for state
highways within cities.
(b) For the purposes of exchanging the same for other real
property to be used for rights-of-way.
(c) For rock quarries, gravel pits, or sand or earth borrow pits.
(d) For offices, shops, or storage yards.
(e) For parks adjoining or near any state highway.
(f) For the culture and support of trees which benefit any state
highway by aiding in the maintenance and preservation of the roadbed,
or which aid in the maintenance of the attractiveness of the scenic
beauties of such highway.
(g) For drainage in connection with any state highway.
(h) For the maintenance of an unobstructed view of any portion of
a state highway so as to promote the safety of the traveling public.
(i) For the construction and maintenance of stock trails.
(j) For the construction and maintenance of nonmotorized
transportation facilities, as defined in Section 156.
104.2. If property is provided through donation or at less than
fair market value to the department for state highway purposes, or
purchased with funds provided by a local agency, the donor or seller
may reserve the right to develop the property, but any development of
the property shall be subject to the approval of the department and
any reservations, restrictions, or conditions that it determines
necessary for highway safety.
104.4. Whenever the right of occup
90. The department shall have full possession and control of all
state highways and all property and rights in property acquired for
state highway purposes. The department is authorized and directed to
lay out and construct all state highways between the termini
designated by law and on the locations as determined by the
commission.
90.1. The powers and duties enumerated in this section are intended
to give the department broader authority to recruit and retain
qualified civil engineers.
(a) The department shall develop and implement a recruitment and
incentive program for highway engineer positions which may include,
but not be limited to, participation by the department in the
repayment of student loans of persons recruited through the program.
The department shall not expend more than one hundred twenty-five
thousand dollars ($125,000) annually to develop and implement the
student loan program, which may be paid from funds available to the
department from the State Highway Account.
(b) The department shall determine the number of engineers needed
in each of its 12 transportation districts and shall recruit
engineers based on the personnel-year needs in each of the districts.
(c) In order to achieve the recruiting goal specified in
subdivision (b), the director may offer salaries to prospective
employees at any pay level above the lowest salary step, not to
exceed the maximum of the range for which that person is qualified.
Salaries of existing employees with similar qualifications in the
same transportation district shall be increased to that level.
(d) To encourage registration, persons employed in the department'
s civil engineering entry level classification shall be eligible to
advance to a higher salary range within the appropriate
classification, as specified in the agreement entered into by the
department and Professional Engineers in California Government on May
3, 1991. Movement within this range remains subject to performance
criteria.
(e) The department shall provide training or reimbursement for
departmental approved training and related expenses to prepare
employees for engineering license and certificate examinations. This
training shall include, but is not limited to, preparation for civil
engineering, land surveying, or landscape architect license
examinations, and engineer-in-training or land surveyor-in-training
certificate examinations. Employees shall be allowed time off without
loss of compensation to attend departmental approved training or
educational preparation for those licenses and certificates.
(f) The director may offer student loans of up to five thousand
dollars ($5,000) per student for tuition, room, board, and expenses
directly related to school attendance, to students enrolled in land
surveying or Accreditation Board for Engineering and Technology
(ABET) certified structural and civil engineering curriculums. While
these loans are intended to help recruit new engineers into the
department, the director is not precluded from offering student loans
to permanent state employees, at the discretion of the director. The
student or employee shall be obligated to repay the entire loan to
the department. However, for the first two years the employee works
for the department, or the first two additional years an employee
agrees to stay with the department, five hundred dollars ($500) of
the loan shall be forgiven. For every additional year of employment
after the first two or additional two years, one thousand dollars
($1,000) of the loan shall be forgiven. If the employee voluntarily
leaves the employment of the department prior to the entire loan
being forgiven, the employee shall pay the remaining portion of the
loan in accordance with a proportionate repayment policy adopted by
the director. Criteria shall be established by the director to
administer this program.
(g) The complexity of the department's engineering work and the
level of responsibility imposed on the department's engineering staff
have increased significantly. For example, engineering oversight for
projects funded from sources such as county tax measures for
transportation and the contracting out for basic engineering services
have significantly increased that complexity and level of
responsibility. To reflect this increase in complexity and level of
responsibility, the first level of supervision for engineering
positions shall be as specified in the agreement entered into by the
department and Professional Engineers in California Government on May
3, 1991.
91. The department shall improve and maintain the state highways,
including all traversable highways which have been adopted or
designated as state highways by the commission, as provided in this
code.
91.5. (a) The department may enter into an agreement to accept
funds, materials, equipment, or services from any person for
maintenance or roadside enhancement, including the cleanup and
abatement of litter, of a section of a state highway. The department
and the sponsoring person may specify in the agreement the level of
maintenance that will be performed.
(b) The director may authorize a courtesy sign. These courtesy
signs shall be consistent with existing code provisions and
department rules and regulations concerning signs.
91.6. The department shall, within its maintenance programs
relating to litter cleanup and abatement, assign a high priority to
litter deposited along state highway segments adjoining storm drains,
streams, rivers, waterways, beaches, the ocean, and other
environmentally sensitive areas. The department may use litter traps
in drains and any other effective technology in carrying out these
responsibilities.
91.8. (a) The department shall, within its maintenance program,
establish procedures for the removal and disposal of animal carcasses
on state highways.
(b) Notwithstanding any other provision of law, including, but not
limited to, prohibitions on the possession and transportation of
endangered or protected species, or the property rights associated
with livestock and other commercially valuable animals, the
department may remove or relocate an animal carcass from a state
highway for safety purposes.
(c) The department shall dispose of animal carcasses in an
environmentally appropriate manner considering both of the following:
(1) The animal's probable legal status, whether as domestic or
commercial property, wild, feral, protected, or endangered, as
follows:
(A) When practicable, an owner of a domestic animal shall be
notified of the location or disposition of the animal carcass. Unless
returned to the owner, license tags, nameplates, or other
identification shall be retained by the department for 30 days.
(B) A branded livestock carcass shall be removed from the roadway
but not otherwise transported until the owner is contacted. If the
owner cannot be identified, the department shall notify the regional
brand inspector.
(C) In the case of wild, feral, protected, or endangered animals,
disposal shall be accomplished in accordance with applicable
provisions of the Fish and Game Code.
(2) If disposal technologies including, but not limited to,
natural decomposition, burial, incineration, donation, rendering, or
composting are not available or practicable, the department may use
any nontraditional or novel technology that may be appropriate under
the circumstances.
(d) Animal carcasses shall not be relocated to or disposed of
within 150 feet of waterways or drainageways that lead directly to
waterways, or buried within five feet of groundwater.
(e) The department shall maintain a record of designated disposal
sites used for consolidation of animal carcasses.
92. The department may do any act necessary, convenient or proper
for the construction, improvement, maintenance or use of all highways
which are under its jurisdiction, possession or control.
92.2. Where practical or desirable, the department shall, along any
highway under its jurisdiction, possession, or control, replace
trees that have been destroyed or removed because of projects
undertaken to widen the highway.
Money from the State Highway Account available for the widening of
highways shall also be available for the planting of trees pursuant
to this section.
92.3. (a) The department shall do both of the following:
(1) Discontinue further water intensive freeway landscaping and
use drought resistant landscaping whenever feasible, taking into
consideration such factors as erosion control and fire retardant
needs.
(2) Eliminate any dependency on imported water for landscaping as
soon as practicable.
(b) The department shall require the use of recycled water for the
irrigation of freeway landscaping when it finds and determines that
all of the following conditions exist:
(1) The recycled water is of adequate quality and is available in
adequate quantity for the proposed use.
(2) The proposed use of the recycled water is approved by the
California regional water quality control board having jurisdiction.
(3) There is a direct benefit to the state highway program for the
proposed use of recycled water.
(4) The recycled water is supplied by a local public agency or
water public utility able to contract for delivery of water and the
installation, maintenance, and repair of facilities to deliver the
water.
(5) The installation of the water delivery facilities does not
unreasonably increase any hazard to vehicles on the freeway or create
unreasonable problems of highway maintenance and repair.
(c) In cooperation with local public agencies and water public
utilities, the department shall permit local public agencies and
water public utilities to place transmission lines for recycled water
in freeway rights-of-way for use by the local public agencies and
water public utilities to transmit recycled water to others, when to
do so will promote a beneficial use of recycled water and that
transmission does not unreasonably interfere with use of the freeway
or unreasonably increase any hazard to vehicles on the freeway,
subject to paragraphs (1) to (5), inclusive, of subdivision (b) and
the following additional requirements:
(1) The local public agency or water public utility holds the
department harmless for any liability caused by a disruption of
service to other users of the recycled water and will defend the
department in any resulting legal action and pay any damages awarded
as a result of that disruption.
(2) The department, in cooperation with the local public agency or
water public utility, may temporarily interrupt service in order to
add to or modify its facilities without liability, as specified in
paragraph (1).
(3) The local public agency or water public utility obtains and
furnishes the department an agreement by all other users of recycled
water from the transmission system holding the department harmless
for any disruption in service.
(4) The local public agency or water public utility has furnished
the department a list of other recycled water users and information
on any backup system or other source of water available for use in
case of a service disruption.
(5) The local public agency is responsible for the initial cost or
any relocation cost of the recycled water transmission lines for
service to other users in the right-of-way and waives its rights to
require the department to pay the relocation costs pursuant to
Sections 702 and 704.
(6) The local public agency or water public utility maintains the
water transmission system subject to reasonable access for
maintenance purposes to be negotiated between the department and the
local public agency or water public utility.
(7) The department has first priority with respect to the recycled
water supply contracted for by the department.
(8) The local public agency or water public utility installs an
automatic control system which will allow the water transmission
system to be shut down in case of an emergency. The department shall
have access to all parts of the transmission system for purposes of
the agreement.
(9) All transmission lines are placed underground and as close as
possible to the freeway right-of-way boundary or at other locations
authorized by the department.
(10) The plans and specifications for the recycled water
transmission facilities have been approved by the department prior to
construction.
(d) As used in this section:
(1) "Local public agency" means any local public agency which
transmits or supplies recycled water to others.
(2) "Water public utility" means any privately owned water
corporation which is subject to the jurisdiction and control of the
Public Utilities Commission.
92.4. Where a city street or county road abuts upon real property
acquired by the state for freeway purposes, the department may
contribute toward the cost of construction of the half of such street
or road that directly fronts or abuts upon such property if such
street or road was established, but not yet constructed, at the time
when the location of such freeway was established by the commission.
92.5. The department shall install, in all tunnels and underpasses
on state highways within metropolitan areas where the tunnel or
underpass is of sufficient length to impede radio reception, wires,
or other devices which will sustain reception of broadcasts by radios
in vehicles traveling through the tunnels and underpasses.
The Legislature declares that the installation of such devices in
state highway tunnels and underpasses is an improvement of highways
within the meaning of Section 1 of Article XIX of the California
Constitution since it will assist law enforcement officers in their
patrol duties by enabling them to receive essential radio calls and
also will increase the enjoyment of the people in the use of the
state highways.
92.6. At such locations as shall be determined by the department to
be appropriate, screening shall be installed and maintained on state
freeway overpasses on which pedestrians are allowed, in order to
prevent objects from being dropped or thrown upon vehicles passing
underneath. First consideration shall be given to freeway overpasses
in urban areas.
93. The department may construct and maintain detours as may be
necessary to facilitate movement of traffic where state highways are
closed or obstructed by construction or otherwise. The department may
direct traffic onto any other public highway which will serve as a
detour, in which case the department, upon the completion of such
use, and upon the request of the local agency having jurisdiction
over the highway, shall restore the same to its former condition;
provided, that the local agency shall reimburse the department for
the amount of all betterment to such highway caused by the
restoration. The department shall also reimburse the local agency for
all reasonable additional expenses incurred by that agency in
maintaining said highway during the period of detour if such
additional expenses were caused by said detour.
94. (a) The department may make and enter into any contracts in the
manner provided by law that are required for performance of its
duties, provided that contracts with federally recognized Indian
tribes shall be limited to activities related to on-reservation or
off-reservation cultural resource management and environmental
studies and off-reservation traffic impact mitigation projects on or
connecting to the state highway system.
(b) To implement off-reservation traffic impact mitigation
contracts with federally recognized Indian tribes, all of the
following shall apply:
(1) Any contract shall provide for the full reimbursement of
expenses and costs incurred by the department in the exercise of its
contractual responsibilities. Funds for the project shall be placed
in an escrow account prior to project development. The contract shall
also provide for a limited waiver of sovereign immunity by that
Indian tribe for the state for the purpose of enforcing obligations
arising from the contracted activity.
(2) The proposed transportation project shall comply with all
applicable state and federal environmental impact and review
requirements, including, but not limited to, the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code).
(3) The department's work on the transportation project under the
contract shall not jeopardize or adversely affect the completion of
other transportation projects included in the adopted State
Transportation Improvement Program.
(4) The transportation project is included in or consistent with
the affected regional transportation plan.
94.3. To the extent that existing provisions of Part 23 (commencing
with Section 23.1) of Title 49 of the Code of Federal Regulations,
as amended April 27, 1981, are not applicable to highway contracts
awarded by the department that are solely state funded, the
department shall develop a program to implement comparable provisions
applicable to those contracts.
94.4. (a) It shall be unlawful for a person to:
(1) Knowingly and with intent to defraud, fraudulently obtain,
retain, attempt to obtain or retain, or aid another in fraudulently
obtaining or retaining or attempting to obtain or retain,
certification as a minority business enterprise for the purposes of
this article.
(2) Willfully and knowingly make a false statement with the intent
to defraud, whether by affidavit, report, or other representation,
to a state official or employee for the purpose of influencing the
certification or denial of certification of any entity as a minority
business enterprise.
(3) Willfully and knowingly obstruct, impede, or attempt to
obstruct or impede any state official or employee who is
investigating the qualifications of a business entity which has
requested certification as a minority business enterprise.
(4) Knowingly and willfully with intent to defraud, fraudulently
obtain, attempt to obtain, or aid another person in fraudulently
obtaining or attempting to obtain, public moneys to which the person
is not entitled under this article.
(b) Any person who is found by the department to have violated any
of the provisions of subdivision (a) is subject to a civil penalty
of not more than five thousand dollars ($5,000).
(c) If a contractor, subcontractor, supplier, subsidiary, or
affiliate thereof, has been found by the department to have violated
subdivision (a) and that violation occurred within three years of
another violation of subdivision (a) found by the department, the
department shall prohibit that contractor, subcontractor, supplier,
subsidiary, or affiliate thereof, from entering into a state project
or state contract and from further bidding to a state entity, and
from being a subcontractor to a contractor for a state entity and
from being a supplier to a state entity.
(d) For the purposes of this section, "minority" means those
individuals who can be identified as being part of one of the
following groups:
(1) "Black Americans," which includes persons having origins in
any of the Black racial groups of Africa.
(2) "Hispanic Americans," which includes persons of Mexican,
Puerto Rican, Cuban, Central or South American, or other Spanish
culture or origin, regardless of race.
(3) "Native Americans," which includes persons who are American
Indians, Eskimos, Aleuts, or Native Hawaiians.
(4) "Asian-Pacific Americans," which includes persons whose
origins are from Japan, China, Taiwan, Korea, Vietnam, Laos,
Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of
the Pacific, and the Northern Marianas.
(5) "Asian-Indian Americans," which includes persons whose origins
are from India, Pakistan, and Bangladesh.
(6) Those persons determined by the department, on a case-by-case
basis, as socially and economically disadvantaged in accordance with
applicable federal regulations.
(e) For the purposes of this section, "minority business
enterprise" means a small business concern, as defined in Section 632
of Title 15 of the United States Code, and which also meets the
following requirements:
(1) It is at least 51 percent owned by one or more women or
minority individuals or, in the case of any publicly-owned business,
at least 51 percent of its stock is owned by one or more women or
minority individuals.
(2) Its management and daily business operations are controlled by
one or more of the women or minority individuals who own it.
95. Whenever the commission relinquishes any portion of any state
highway superseded by relocation and the construction of a freeway
and when the department has prior to relinquishment maintained snow
removal operations on the portion of state highway relinquished and
when property having access to the relinquished portion of state
highway was developed for winter recreational purposes at the time of
relinquishment, the department may with the consent of the county or
counties to which the road is relinquished, maintain snow removal
operations on all or a portion of the state highway which has been
superseded by relocation.
95.5. From and after November 8, 1967, the department shall remove
snow from that portion of former U.S. Route 40, which has been
superseded by the relocation and construction of Interstate Route 80,
commencing at its intersection with Interstate Route 80 near Donner
Memorial Park westerly approximately four miles to the vicinity of
Donner Lake.
95.6. (a) The department shall adopt and implement, on or before
July 1, 1992, a deicing policy for state highways. The policy shall
be set forth in a plan and method for deicing state highways, using
all appropriate deicing technologies, while at the same time
maintaining highway safety.
(b) The plan shall be submitted to the Legislature on or before
July 1, 1992. All or part of the elements of the plan shall be
incorporated in the department's budget proposal for the 1992-93
fiscal year and budget proposals for subsequent fiscal years. The
department shall examine all possible funding sources.
(c) The plan shall include, but not be limited to, all of the
following:
(1) A review of research conducted in California and other states
on the use of deicing salt substitutes and deicing technologies.
(2) When available, the incorporation of applicable technical
findings of the ongoing study by the Transportation Research Board of
the National Research Council which will analyze the costs to the
public and private sectors, including, but not limited to, damage to
vegetation, highway structures, and motor vehicles, of using salt as
a deicing agent as compared with the use of commercially available
substitute deicing materials or techniques.
(3) A plan for reducing or eliminating the use of salt as a
primary deicing agent on specified routes, including, but not limited
to, State Highway Routes 28, 50, 80, and 89 in the Lake Tahoe Basin,
and substituting environmentally safe deicing techniques where
significant environmental damage has already occurred, in accordance
with the legislative intent expressed in subdivision (f) of Section 1
of the act which added this section.
(4) An analysis of the direct cost to each state transportation
district for both initial capital costs, including repair of road
salt's environmental damage, and annual costs to convert to an
environmentally safe deicing policy.
96. If any directional or traffic control sign installed or
maintained by the department within the right-of-way of a state
highway is defaced with graffiti in a manner which interferes with
the ability of motorists to comprehend the information which the sign
was intended to convey, thereby posing a danger to the public, the
department shall, as soon as reasonably possible after learning of
the graffiti, either remove the graffiti and treat the sign with an
anti-graffiti substance or material, or replace the sign, whichever
is more practical and economical.
97. (a) A state highway segment shall be designated by the
department as a Safety Enhancement-Double Fine Zone if all of the
following conditions have been satisfied:
(1) The highway segment is eligible for designation pursuant to
subdivision (b).
(2) The Director of Transportation, in consultation with the
Commissioner of the California Highway Patrol, certifies that the
segment identified in subdivision (b) meets all of the following
criteria:
(A) The highway segment is a conventional highway or expressway
and is part of the state highway system.
(B) The rate of total collisions per mile per year on the segment
under consideration has been at least 1.5 times the statewide average
for similar roadway types during the most recent three-year period
for which data are available.
(C) The rate of head-on collisions per mile per year on the
segment under consideration has been at least 1.5 times the statewide
average for similar roadway types during the most recent three-year
period for which data are available.
(3) The Department of the California Highway Patrol or local
agency having traffic enforcement jurisdiction, as the case may be,
has concurred with the designation.
(4) The governing board of each city, or county with respect to an
unincorporated area, in which the segment is located has by
resolution indicated that it supports the designation.
(5) An active public awareness effort to change driving behavior
is ongoing either by the local agency with jurisdiction over the
segment or by another state or local entity.
(6) Other traffic safety enhancements, including, but not limited
to, increased enforcement and other roadway safety measures, are in
place or are being implemented concurrent with the designation of the
Safety Enhancement-Double Fine Zone.
(b) The following segments are eligible for designation as a
Safety Enhancement-Double Fine Zone pursuant to subdivision (a):
State Highway Route 12 between the State Highway Route 80 junction
in Solano County and the State Highway Route 5 junction in San
Joaquin County.
(c) Designation of a segment as a Safety Enhancement-Double Fine
Zone by the department pursuant to subdivision (a) shall be done in
writing and a written notification shall be provided to the court
with jurisdiction over the area in which the highway segment is
located. The designation shall be valid for a minimum of two years
from the date of submission to the court.
(d) After the two-year period, and at least every two years
thereafter, the department, in consultation with the Department of
the California Highway Patrol, shall evaluate whether the highway
segment continues to meet the conditions set forth in subdivision
(a). If the segment meets those conditions, the department shall
renew the designation in which case an updated notification shall be
sent to the court. If the department, in consultation with the
Department of the California Highway Patrol, determines that any of
those conditions no longer apply to a segment designated as a Safety
Enhancement-Double Fine Zone under this section, the department shall
revoke the designation and the segment shall cease to be a Safety
Enhancement-Double Fine Zone.
(e) A Safety Enhancement-Double Fine Zone is subject to the rules
and regulations adopted by the department prescribing uniform
standards for warning signs to notify motorists that, pursuant to
Section 42010 of the Vehicle Code, increased penalties apply for
traffic violations that are committed within a Safety
Enhancement-Double Fine Zone.
(f) (1) The department or the local authority having jurisdiction
over these highway and road segments shall place and maintain the
warning signs identifying these segments by stating that a "Special
Safety Zone Region Begins Here" and a "Special Safety Zone Ends Here."
(2) Increased penalties shall apply to violations under Section
42010 of the Vehicle Code only if appropriate signage is in place
pursuant to this subdivision.
(3) If designation as a Safety Enhancement-Double Fine Zone is
revoked pursuant to subdivision (d), the department shall be
responsible for removal of all signage placed pursuant to this
subdivision.
(g) Safety Enhancement-Double Fine Zones do not increase the civil
liability of the state or local authority having jurisdiction over
the highway segment under Division 3.6 (commencing with Section 810)
of Title 1 of the Government Code or any other provision of law
relating to civil liability.
(1) Only the base fine shall be enhanced pursuant to this section.
(2) Notwithstanding any other provision of law, any additional
penalty, forfeiture, or assessment imposed by any other statute shall
be based on the amount of the base fine before enhancement or
doubling and shall not be based on the amount of the enhanced fine
imposed pursuant to this section.
(h) The projects specified as a Safety Enhancement-Double Fine
Zone shall not be elevated in priority for state funding purposes.
(i) The requirements of subdivision (a) shall not apply to the
Safety Enhancement-Double Fine Zone established prior to the
effective date of this subdivision pursuant to Section 97.4 or to the
Safety Enhancement-Double Fine Zones established pursuant to Section
97.5.
(j) The department shall conduct an evaluation of the
effectiveness of all double fine zones, except those designated
pursuant to Section 97.5, that will terminate the same calendar year
and submit its findings in one report to the Assembly Committee on
Transportation and the Senate Committee on Transportation and Housing
one year prior to the termination of the double fine zones. The
report shall include a recommendation on whether the zones should be
reauthorized by the Legislature.
97.01. The following segments are eligible for designation as
Safety Awareness Zones pursuant to Section 97.1:
(a) The Golden Gate Bridge.
97.1. (a) A highway segment shall be designated as a Safety
Awareness Zone if all of the following conditions have been met:
(1) The highway segment is eligible for designation under Section
97.01.
(2) Each local governing body or bodies, with jurisdiction over
the area or areas in which the eligible segment is located, has
adopted a resolution indicating its support for the designation as
well as a Safety Awareness Zone Plan addressing education,
enforcement, and engineering measures intended to support the
designation.
(3) If the highway segment is a state highway, the Safety
Awareness Zone Plan has been approved by the Director of
Transportation and the Commissioner of the Department of the
California Highway Patrol.
(b) A Safety Awareness Zone designation shall be deemed effective
immediately upon satisfaction of all requirements pursuant to
subdivision (a) and may remain in effect for a period not to exceed
three years from the effective date. The designation may be renewed
for a period not to exceed three years. Renewal of a designation for
a highway segment that is a state highway shall require the approval
by the Director of Transportation and the Commissioner of the
Department of the California Highway Patrol of an updated Safety
Awareness Zone Plan.
(c) The department shall develop a sign to notify motorists of the
presence of a Safety Awareness Zone, and shall place and maintain
the signs for as long as the designation is in effect pursuant to
this section.
(d) Presence of a Safety Awareness Zone does not increase the
civil liability of the state or local authority having jurisdiction
over the highway segment under Division 3.6 (commencing with Section
810) of Title 1 of the Government Code or any other provision of law
relating to civil liability.
(e) Projects on a highway segment specified as a Safety Awareness
Zone shall not be elevated in priority for state funding purposes.
(f) For purposes of this section, "highway" has the meaning set
forth in Section 360 of the Vehicle Code.
97.5. (a) Notwithstanding subdivision (a) of Section 97, the
following segments shall be designated as Safety Enhancement-Double
Fine Zones:
(1) State Highway Route 1 between Junipero Serra Boulevard and
Lake Street in the City and County of San Francisco.
(2) State Highway Route 101 between Golden Gate Avenue and Lyon
Street in the City and County of San Francisco.
(b) The department shall conduct a Safety Enhancement-Double Fine
Zone study on the segments identified in subdivision (a) that relates
to pedestrian safety and that evaluates the appropriateness of
adding additional criteria to subdivision (a) of Section 97 and
whether changes or additional criteria should be considered for
adoption.
(1) The study shall include, but not be limited to, all of the
following:
(A) A review of traffic volume, speed, the number and severity of
collisions, the number and severity of pedestrian-related collisions,
and contributing collision factors.
(B) A before and after study on pedestrian and roadway facilities,
including, but not limited to, those facilities that have been
revised or updated.
(C) A recommendation on whether the zones described in subdivision
(a) should be reauthorized by the Legislature.
(2) On or before January 1, 2013, the department shall submit its
findings from the study in a report to the appropriate committees of
the Legislature.
(c) Subdivisions (e) to (h), inclusive, of Section 97 shall apply
to the segments designated as Safety Enhancement-Double Fine Zones
pursuant to subdivision (a).
(d) This section shall remain in effect until January 1, 2014, and
as of that date is repealed, unless a later statute, that is enacted
before January 1, 2014, deletes or extends that date.
100. Using existing resources, the department shall monitor the
cumulative impact of fragmented gaps in the state highway system to
identify safety and long-term maintenance issues.
100.1. The department is authorized to do any and all things
necessary to lay out, acquire and construct any section or portion of
a State highway as a freeway or to make any existing State highway a
freeway.
100.2. The department is authorized to enter into an agreement with
the city council or board of supervisors having jurisdiction over
the street or highway and, as may be provided in such agreement, to
close any city street or county highway at or near the point of its
interception with any freeway or to make provision for carrying such
city street or county highway over or under or to a connection with
the freeway and may do any and all work on such city street or county
highway as is necessary therefor. No city street or county highway
shall be closed, either directly or indirectly, by the construction
of a freeway except pursuant to such an agreement or while
temporarily necessary during construction operations. No city street,
county road, or other public highway of any kind shall be opened
into or connected with any freeway unless and until the commission
adopts a resolution consenting thereto and fixing the terms and
conditions on which such connection shall be made and the commission
may give or withhold its consent or fix such terms and conditions as,
in its opinion, will best subserve the public interest.
100.21. (a) Whenever a street or highway closing agreement is
required by Section 100.2, the department shall not acquire, except
by gift, and except in hardship or protective cases as determined by
the department or the commission, any real property for a freeway
through a city until an agreement is first executed with the city
council, or for a freeway through unincorporated territory in a
county until an agreement is first executed with the board of
supervisors. The department shall give notice to the city council or
the board of supervisors, as the case may be, of any acquisition of
real property prior to the execution of an agreement.
(b) Notwithstanding subdivision (a), a city council, or a county
board of supervisors may, by resolution, authorize the purchase of
rights-of-way prior to approval of an agreement if the purchase is
limited to the mainline corridor of the proposed freeway and the
alignment of the freeway is not at issue.
100.22. The city council or board of supervisors shall, prior to
entering into the agreement contemplated by Section 100.2, conduct a
public hearing on the subject.
100.25. In addition to the other matters that may be covered by the
agreements authorized under Section 100.2, provisions for
improvements, revisions or extensions of city streets or county
highways leading to or from a freeway, deemed by the department to be
necessary in accommodating the freeway traffic in making proper
connections between the existing system of city streets or county
roads and the freeway, may be included in such agreements and the
department may perform such work as a part of the freeway
construction.
100.3. From and after the adoption of a resolution by the
commission declaring any section of a state highway to be a freeway,
the highway described in such resolution shall have the status of a
freeway for all purposes of Section 100.2.
Such declaration shall not affect private property rights of
access, and any such rights taken or damaged within the meaning of
Section 19 of Article I of the California Constitution for such
freeway shall be acquired in a manner provided by law.
No state highway shall be converted into a freeway except with the
consent of the owners of abutting lands or the purchase or
condemnation of their right of access thereto.
100.4. Notwithstanding Section 100.2, the department may construct
a freeway, without an agreement with a county or city, on the route
determined by the commission, if all of the following conditions have
been met:
(a) The freeway is included within the California freeway and
expressway system and a route has been adopted.
(b) Construction has commenced, but has not been completed,
leaving an existing gap between the constructed portions of the
freeway.
(c) In addition to the adopted route, there is at least one
feasible alternative route as determined by the department.
(d) A draft environmental impact report or statement has been
prepared on the unconstructed portion of the freeway.
(e) The affected freeway segment is within the jurisdiction of the
Los Angeles County Metropolitan Transportation Authority.
(f) An agreement with one or more counties and cities pursuant to
Section 100.2 is not possible because an impasse, as evidenced by the
lack of freeway agreements by all affected jurisdictions, has
existed for 10 or more years after an initial route was adopted.
(g) Under the conditions set forth in subdivisions (a) to (f),
inclusive, the commission shall hold public hearings as it may deem
necessary, review the draft or final environmental impact report or
statement, and consider the recommendation and records of the
authority and other documents as it may deem advisable. The
commission shall take into consideration all the traditional factors
of route selection by the state, including the question of least
adverse economic and physical impact on the communities involved, but
any previous selection by the commission or its predecessor shall
not be considered binding.
(h) The environmental impact report or statement shall examine the
potential impacts of alternative route alignments on the communities
involved. The definition and scope of these communities shall
reflect the sense of community of residents within and immediately
adjacent to the adopted route and alternate route location.
(i) The department shall prepare a draft environmental impact
report or statement. The commission may hold public hearings on the
draft environmental impact report or statement as it deems necessary.
The department shall prepare a final environmental impact report or
statement after the completion of the public review period of the
draft environmental impact report or statement. The commission shall
select a route after the completion of the environmental impact
report or statement.
(j) If the route selected by the commission differs from a prior
route adopted by the commission or a prior recommendation by the
authority, the commission shall set forth, as a part of its decision
statement, the reasons for the route selected.
(k) For any freeway constructed pursuant to this section, the
department shall establish an outreach program to maximize the
participation of businesses and professionals from within the county
in which the freeway segment is located in the construction of the
freeway segment.
(l) As used in this section, "authority" means the Los Angeles
County Metropolitan Transportation Authority, or its predecessor, the
Los Angeles County Transportation Commission.
100.45. When the department constructs a freeway on the route
selected pursuant to Section 100.4 the department shall meet and
confer with affected counties and cities with respect to the design
of the portion of the freeway to be constructed within the
jurisdiction of the affected county or city.
100.5. Whenever the location of a State highway is such that a
ferry must be used to completely traverse said highway, and there is
no existing ferry furnishing service to traffic on said highway, the
department may construct, maintain and operate such a ferry, or may,
by cooperative agreement, delegate the construction, maintenance or
operation thereof to a county, or if the termini of a ferry are
within one or more cities, to the cities concerned. Whenever a
highway between the termini of which a publicly owned ferry is used,
is declared to be a State highway, the title to the ferry and all
appurtenances thereto vests in the State. The department is
authorized to promulgate reasonable rules and regulations governing
the hours of operation of such ferries. The department may impose a
charge of not to exceed one dollar per vehicle for the use of such
ferries between the hours of 11 p.m. and 5 a.m.; provided, that in no
event shall any charge be imposed on any ferry formerly operated by
a county where the county maintained free ferry service for
twenty-four hours per day at the time the ferry is or was taken over
by the department. It is unlawful to operate on any such ferries or
the approaches thereto, a vehicle of a size or weight or at a speed,
greater than that which any such ferry or its approaches, with safety
to itself and to the traveling public, will permit. The department
shall determine the maximum size, weight and speed of vehicles which
with safety can be permitted on such ferries and shall by appropriate
signs notify the public of its determination. It is prima facie
evidence of violation of this section to exceed the limit specified
by the department upon such signs. The department is authorized to
recover by civil action any damages done to such ferries or the
approaches thereof by reason of a failure to comply with the
provisions of this section and a violation of the limits specified on
the signs erected by the department is prima facie evidence of such
violation.
100.51. Notwithstanding any provision of Section 100.5, whenever
any bridge or highway crossing over a navigable waterway in this
state, including, but not limited to, toll bridges or other toll
highway crossings built or acquired under the provisions of the
California Toll Bridge Authority Act, is closed to traffic because of
accident thereto or repair thereof or is for any reason unable fully
to accommodate traffic, the department may operate a vehicular or
passenger ferry as a substitute therefor. In the operation of such
vehicular or passenger ferry, the department may impose a toll for
passage. For the purpose of imposing such toll, the department may
employ any reasonable classification of vehicles, including, but not
limited to, classification by weight, length, or number of axles.
100.6. The department may, on behalf of the State of California,
enter into agreements with any adjoining state, or any proper agency
of such state, for the construction, reconstruction, operation and
maintenance, by any party to such agreement, in the manner and by
such means as may be provided in the agreement, of bridges over
interstate waters and may enter into like agreements with respect to
construction, reconstruction, operation and maintenance of highways
within this State or such adjoining state, when such highways are at
or near the common boundary of the states. Payment for work done
pursuant to such agreements may be made from any fund available to
the department for highway purposes.
100.7. The department may, for the protection of the State of
California, insure any bridge on the State Highway System acquired or
constructed under provisions of the California Toll Bridge Authority
Act against all risks in any amount up to the full insurable value
thereof. In case of damage or destruction, the proceeds of such
insurance shall be applied to the restoration of such bridge. Any
such bridge may be so insured irrespective of the retirement of all
indebtedness incurred for its acquisition or construction, and the
cost of such insurance shall be paid from any funds available to the
department for highway purposes.
Any such bridge, other than bridges over the San Francisco Bay,
shall, after retirement of all indebtedness incurred for its
acquisition or construction, be maintained and operated as a free
bridge and the cost thereof charged to funds available for
maintenance of state highways.
100.9. When any state highway is relocated in such a manner as to
bypass a city or business district, the department shall erect and
maintain appropriate directional signs, at the junction of the bypass
and the road leading into such city or business district, and at a
reasonable distance in advance of such junction, for the guidance of
traffic desiring to enter the city or business district. Upon
relinquishment of the bypassed highway to the county or city
concerned, the signs, other than those designating the state or
federal route number of such highway, previously erected on such
highway shall be left in place by the department and thereafter shall
be maintained by such county or city. When relinquishing any such
bypassed highway, the department shall direct the attention of the
county or city concerned to the provisions of this section regarding
continued maintenance of such signs by the county or city.
101. (a) The department shall keep in repair all objects or markers
adjacent to a state highway which have been erected to mark
registered historical places and shall keep such markers free from
vegetation which may obscure them from view.
(b) When the Legislature, by concurrent resolution, has designated
names for certain districts and state highway bridges, and requested
the placing of name plaques at the boundaries of the districts or on
the bridges, the department is authorized to expend reasonable sums
for such plaques.
(c) Any major bridge not previously named by the Legislature may
be named by the Legislature, by concurrent resolution, for a
serviceman killed in action who was a resident of the county in which
the bridge is located. The name shall be selected from names
submitted to the department by veterans' associations as defined by
Section 1260 of the Military and Veterans Code.
101.1. (a) The department may place the state's 9-1-1 emergency
telephone number on road signs on all state highways at state entry
points and county, city, and town limit entry points. The department
shall place and maintain, or cause to be placed and maintained, on
all state highways at the city limit of each incorporated city and at
the limits of each unincorporated town, as determined by the
department, a uniform road sign which sets forth the name of the city
or town, its population, and its altitude, as determined by the
department. Where the limits of a county, city, or town intersect a
state highway at more than two points, the department, in its
discretion, need erect the signs only at each of the two outermost
points on the state highway where the intersection occurs.
(b) The department shall adopt specifications to provide for
uniform signs of permanent character setting forth the information
required in subdivision (a). The emergency telephone numbers shall be
added to the road signs in subdivision (a) only when the signs are
changed for other purposes.
101.2. The department may, when it deems it necessary, replace or
cause to be replaced any city limit road sign.
101.3. The department shall submit all plans and specifications for
any bridge or other structure across any river or other drainage
channel or basin subject to the jurisdiction of the Reclamation Board
for approval in accordance with the provisions of the Reclamation
Board Act, and shall not construct any such bridge or structure
without the approval of the said board. Whenever a bridge or other
structure has been constructed according to plans and specifications
which have been approved by the Reclamation Board, no change in or
replacement or relocation of such bridge or structure shall be
required by said board from funds appropriated for highway purposes
without the consent of the department.
101.4. The department shall replace or cause to be replaced any
city limit road sign if all the following conditions exist:
(a) If the legislative body of a city requests the replacement.
(b) If the request is based upon a substantial change of
population evidenced by a special or general federal census.
(c) If no previous request has been made by the city within a
period of five years.
101.5. The department may file for record with the State Lands
Commission such maps as are necessary to furnish an accurate
description of any ungranted swamp, overflow, tide, or submerged
lands, the bed of any navigable channel, stream, river, creek, lake,
bay, or inlet, or other sovereign lands of the State of California
which, in the opinion of the department, are needed as a right-of-way
for, and for the protection of, any state highway or as a source of
materials for the construction, maintenance, or improvement of any
state highway. Upon the approval of such map by the State Lands
Commission, the lands described therein shall be reserved for such
use by the department and the department is thereupon authorized to
enter upon, occupy, and use such lands for such purpose or purposes.
Any subsequent grant or permission to use such lands shall be
subordinate to such reservation. Any such reservation may be released
by the written certificate of the director filed with the State
Lands Commission. This section shall not apply to state school lands.
The department shall determine the reasonable value of such
right-of-way or materials and shall deposit such amount in the State
Parks and Recreation Fund. The amount so deposited shall be
considered as part of the cost of construction of the state highways.
101.6. The department shall design, place and maintain or cause to
be placed and maintained at appropriate places along state highways
signs which indicate the maximum penalty which may be prescribed for
throwing or discharging any litter or any flammable or glowing
substance from any vehicle outside of a business or residence
district. County road commissioners shall place such signs along
roads for which they are responsible.
101.7. (a) The department shall adopt rules and regulations that
allow the placement, near exits on freeways located in rural areas,
of information signs identifying specific roadside businesses
offering fuel, food, lodging, camping services, approved 24-hour
pharmacy services, or approved attractions, and that prescribe the
standards for those signs.
(b) The department shall provide equal access to all business
applicants.
(c) The department shall not approve the placement of any sign
within any urban area designated by the United States Bureau of the
Census as having a population of 5,000 or more.
The department may not remove an information sign that was placed
before January 1, 2003, due solely to population growth in an urban
area that results in a population of 5,000 or more but less than
10,000.
(d) The information signs may be placed near the freeway exits in
addition to, or in lieu of, other highway signs of the department,
but not in lieu of on-premises or off-premises highway oriented
business signs and directional signs.
(e) The department shall establish and charge a fee to place and
maintain information signs in an amount not less than 25 percent
above its estimated cost in placing and maintaining the information
signs. The department shall annually review the amount of that fee
and revise it as necessary. Funds derived from the imposition of the
fee, after deduction of the cost to the department for the placement
and maintenance of the information signs, shall be available, upon
appropriation by the Legislature, for safety roadside rest purposes.
(f) The department shall incorporate the use of an "RV-friendly"
symbol on an information sign placed pursuant to subdivision (a) for
a specific roadside business that meets criteria of the department
regarding sufficiency for recreational vehicles with respect to the
parking spaces and surfaces, vertical clearance, turning radius, and
entrances and exits of the facility. A specific roadside business
otherwise qualified for a sign pursuant to subdivision (a) may
qualify for and request an "RV-friendly" symbol for that sign. The
department shall adopt rules and regulations for an "RV-friendly"
symbol consistent with this section as well as the Federal Highway
Administration's Interim Approval for Addition of RV-friendly Symbol
to Specific Service Signs. The rules and regulations adopted by the
department shall include a provision for the roadside business to
acknowledge that overnight occupancy is not permitted unless the
roadside business is licensed as a special occupancy park as defined
in Section 18862.43 of the Health and Safety Code. The department
shall establish and charge an additional fee pursuant to subdivision
(e) to place and maintain the symbol.
(g) The department shall develop rules and regulations governing
signs for approved attractions, which shall include amusement parks,
botanical and zoological facilities, business districts and main
street communities, education centers, golf courses, historical
sites, museums, religious sites, resorts, ski areas, marinas, "u-pick"
farms and orchards, farmers' markets, and wineries, viticulture
areas, and vineyards.
101.8. (a) The department may design, place, and maintain, or cause
to be designed, placed, and maintained, along state highways, signs
to inform motorists of rail transportation services which receive
public funding, in whole or in part, unless the sign would result in
incurring the penalty specified in subsection (b) of Section 131 of
Title 23 of the United States Code.
(b) These signs may only be placed within the right-of-way of
state highways that are parallel or adjacent to publicly funded
passenger rail routes.
(c) The signs are information structures or information signs as
those terms are used in Sections 5203 and 5221 of the Business and
Professions Code.
101.9. (a) The department shall adopt rules and regulations to
allow, in rural areas, the placement, on interstate and primary
highways near public exits, of guide signs indicating the existence,
within one-half mile of that exit, of a fire station which is open 24
hours each day of the year.
(b) Upon the request of the Department of Forestry and Fire
Protection or a city or county, the department may place and maintain
the signs in accordance with the adopted rules and regulations. The
department shall bear the costs of placing and maintaining the signs.
101.10. (a) (1) The department shall design, construct, place, and
maintain, or cause to be designed, constructed, placed, and
maintained, along state highways, signs that read as follows: "Please
Don't Drink and Drive," followed by: "In Memory of (victim's name)."
These signs shall be placed upon the state highways in accordance
with this section, placement guidelines adopted by the department,
and any applicable federal limitations or conditions on highway
signage, including location and spacing. Signs may memorialize more
than one victim. "Victim" for purposes of this section means a person
who was killed in a vehicular accident, but does not include a party
described in paragraph (2) of subdivision (c).
(2) The department shall adopt program guidelines for the
application for and placement of signs authorized by this section,
including, but not limited to, the sign application and qualification
process, the procedure for the dedication of signs, and procedures
for the replacement or restoration of any signs that are damaged or
stolen.
(b) If the placement at the location of a vehicular accident is
safe and practical and the conditions of subdivisions (c) and (d) are
met, the department shall place a sign described in subdivision (a)
in close proximity to the location where the vehicular accident
occurred.
(c) (1) A party to that accident was convicted of any of the
following:
(A) Murder of the second degree under Section 187, and the
violation was a direct result of driving a vehicle while in violation
of Section 23152 or 23153 of the Vehicle Code.
(B) Gross vehicular manslaughter while intoxicated under
subdivision (a) of Section 191.5 of the Penal Code.
(C) Vehicular manslaughter under subdivision (b) of Section 191.5
of the Penal Code.
(2) A party to that accident operated a vehicle involved in the
vehicular accident in violation of Section 23152 or 23153 of the
Vehicle Code, but died in the accident or was not prosecuted because
he or she is found mentally incompetent pursuant to Section 1367 of
the Penal Code.
(d) (1) Upon the request of an immediate family member of the
deceased victim involved in an accident occurring on and after
January 1, 1991, and described in subdivision (b), the department
shall place a sign in accordance with this section. A person who is
not a member of the immediate family may also submit a request to
have a sign placed under this section if that person also submits the
written consent of an immediate family member. The department shall
charge the requesting party a fee to cover the department's cost in
designing, constructing, placing, and maintaining that sign, and the
department's costs in administering this section. The sign shall be
posted for seven years from the date of initial placement, or until
the date the department determines that the condition of the sign has
deteriorated to the point that it is no longer serviceable,
whichever date is first.
(2) "Immediate family" means spouse, child, stepchild, brother,
stepbrother, sister, stepsister, mother, stepmother, father, or
stepfather.
(3) If there is any opposition to the placement of the memorial
sign by a member of the immediate family, no sign shall be placed
pursuant to this section.
101.11. (a) The Department of Transportation shall, through the
erection of highway signs and appropriate markers, provide
recognition of the historical importance of the Byzantine-Latino
Quarter in the City of Los Angeles. In order to implement this
subdivision, the department shall determine the cost of signs and
other appropriate markers, consistent with the signing requirements
for the state highway system, showing this special designation, and,
upon receiving donations from nonstate sources sufficient to cover
the cost, shall erect those signs and other appropriate markers at
the appropriate locations on Interstate Highway 10.
(b) Local designation efforts and other similar actions may
complement this project.
101.12. The department may place and maintain, or cause to be
placed and maintained, signs on state highways directing motorists to
communities within the geographical boundaries of a city, county, or
city and county if all of the following conditions are satisfied:
(a) The name of the community is culturally unique and
historically significant.
(b) The name of the community has resulted from the influence of a
culture over a significant period of time.
(c) The general public and media commonly recognize the name of
the community.
(d) The community is located within a city, county, or city and
county.
(e) Signs are consistent with the signing requirements for the
state highway system.
(f) The geographical boundary of the community is within three
miles of the state highway exit.
(g) Trailblazing signs are installed on the appropriate streets or
roads prior to installation of signs on the state highway.
(h) The city, county, or city and county provides funds from
nonstate sources that cover all costs for the Department of
Transportation to place and maintain, or cause to be placed and
maintained, appropriate signs on state highways.
(i) The governing body of the city, county, or city and county in
which the community is located adopts a resolution that does the
following:
(A) Designates the name of the community that is to be used on
directional signs.
(B) Defines the geographical boundaries of the community.
(C) Requests the department to post signs on state highways.
102. (a) In the name of the people of the State of California, the
department may acquire by eminent domain any property necessary for
state highway purposes.
(b) For any property that the department is acquiring by, or under
threat of, eminent domain, the department shall, in a timely manner,
provide a copy of all appraisals it performed or obtained for the
property to the property owner. If any appraisals that are performed
or paid for by the department are first provided to the property
owner, the appraiser shall provide a copy of those appraisals to the
department.
103.5. Subject to Sections 1240.670, 1240.680, and 1240.690 of the
Code of Civil Procedure, the real property which the department may
acquire by eminent domain, or otherwise, includes any property
dedicated to park purposes, however it may have been dedicated, when
the commission has determined by resolution that such property is
necessary for state highway purposes.
103.65. (a) It is the intent of the Legislature that the department
should have a reasonable opportunity to acquire properties needed
for transportation projects.
(b) Whenever the department determines that a specific parcel of
private property will or may be required for the right-of-way of a
state highway transportation corridor within seven years, or is
located within a corridor which is the subject of a special study,
the department shall so notify the planning department of the city or
county in which the parcel is located. When reviewing proposals for
the development of a parcel so identified, the city or county shall
review with the department the status of the proposed transportation
project involving that parcel.
(c) As used in this section, "special study" means a highway study
approved by the commission or the department on or before July 1,
1989, or a study approved after that date conducted pursuant to
Section 14530.5 of the Government Code.
104. The department may acquire, either in fee or in any lesser
estate or interest, any real property which it considers necessary
for state highway purposes. Real property for such purposes includes,
but is not limited to, real property considered necessary for any of
the following purposes:
(a) For rights-of-way, including those necessary for state
highways within cities.
(b) For the purposes of exchanging the same for other real
property to be used for rights-of-way.
(c) For rock quarries, gravel pits, or sand or earth borrow pits.
(d) For offices, shops, or storage yards.
(e) For parks adjoining or near any state highway.
(f) For the culture and support of trees which benefit any state
highway by aiding in the maintenance and preservation of the roadbed,
or which aid in the maintenance of the attractiveness of the scenic
beauties of such highway.
(g) For drainage in connection with any state highway.
(h) For the maintenance of an unobstructed view of any portion of
a state highway so as to promote the safety of the traveling public.
(i) For the construction and maintenance of stock trails.
(j) For the construction and maintenance of nonmotorized
transportation facilities, as defined in Section 156.
104.2. If property is provided through donation or at less than
fair market value to the department for state highway purposes, or
purchased with funds provided by a local agency, the donor or seller
may reserve the right to develop the property, but any development of
the property shall be subject to the approval of the department and
any reservations, restrictions, or conditions that it determines
necessary for highway safety.
104.4. Whenever the right of occup
