2007 California Streets and Highways Code Article 3. The Department Of Transportation

CA Codes (shc:90-155.6)

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 (5,000) 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 (,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 (0) of
the loan shall be forgiven.  For every additional year of employment
after the first two or additional two years, one thousand dollars
(,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.



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 (,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 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.
   (j) The department shall conduct a Safety Enhancement-Double Fine
Zone study that relates to pedestrian injuries and fatalities and
evaluates the appropriateness of adding additional criteria to
subdivision (a) and whether changes or additional criteria should be
considered for adoption.
   (k) The department shall conduct an evaluation of the
effectiveness of all double fine zones 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.



97.4.  (a) The segment of county highway known as Vasco Road,
between the Interstate 580 junction in Alameda County and the Walnut
Boulevard intersection in Contra Costa County, shall be designated as
a Safety Enhancement-Double Fine Zone upon the approval of
resolutions in that regard by the Alameda and Contra Costa County
Boards of Supervisors.
  (b) This section shall remain in effect only until January 1, 2010,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2010, 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 which
allow the placement near exits on freeways located in rural areas, of
information signs identifying specific roadside businesses offering
fuel, food, lodging, or camping services and which 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.



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 occupancy of any person upon national
forest or national park lands is terminated because of the proposed
construction of a state highway across such lands, the department
shall, in connection with the construction of the highway, acquire,
by purchase or condemnation, any buildings or improvements
constructed upon such lands by the person.



104.5.  The director may execute all deeds or conveyances necessary
to convey any real property or interest therein to be sold or
exchanged under the provisions of this code.  He may insert in any
such deed or conveyance such conditions, covenants, exceptions and
reservations as in his opinion are in the public interest or may
convey in fee simple absolute.  All statutes relating to State lands
or to reservations of minerals therein or to reservations of rights
to prospect for or mine or remove such minerals are inapplicable to
lands heretofore or hereafter acquired by the State or conveyed by
the State pursuant to the provisions of this code or pursuant to the
provisions of previously existing statutes codified in this code, and
no such statute in respect to State lands hereafter enacted shall be
applicable thereto unless the Legislature expressly so declares.
   It shall be conclusively presumed in favor of any purchaser for
value and without notice of any real property or interest therein
conveyed pursuant to the provisions of this code that the department
acted within its lawful authority in acquiring the property, and that
the director acted within his lawful authority in executing any deed
or conveyance or lease authorized by this code.



104.6.  The authority conferred by this code to acquire real
property for state highway purposes includes authority to acquire for
future needs.  Structures maintained or allowed to remain on
property which has been acquired, or is acquired in the future, for
future highway needs shall be maintained in conformance with
standards established in the building and safety ordinances of the
city or county having jurisdiction.  The standards to which such
structure shall be made to conform are those standards, except for
such variances as may be applicable to the structure when acquired,
of the city or county having jurisdiction which are in effect at the
time of acquisition by the department.
   The department is authorized to lease any lands which are held for
state highway purposes and are not presently needed therefor on such
terms and conditions as the director may fix and to maintain and
care for such property in order to secure rent therefrom.  Except for
any rent required under the California Toll Bridge Authority Act
(Chapter 1 (commencing with Section 30000) of Division 17), or any
bond indenture executed under that act, to be deposited in some other
fund, all such rent shall be deposited to the credit of the State
Highway Account in the State Transportation Fund.  Twenty-four
percent of such rent in the State Highway Account shall be allocated
pursuant to Section 104.10.
   Whenever it is determined by the department that any rental
revenue collected under this section represents overpayment or
payment in duplicate, the department may make refund of such
overpayment or payment in duplicate from the State Highway Account.
   Any reference in any law or regulation to the Highway Properties
Rental Fund or to the Highway Properties Rental Account in the
Transportation Tax Fund shall be deemed to refer to the State Highway
Account.



104.7.  (a) Unless otherwise provided by statute, when requested by
a city, county, or special district, the department shall provide
information regarding, and shall lease, unoccupied, unimproved
property that is held for future highway purposes to the city,
county, or special district within which the property is located.
The city, county, or special district may use the leased property
first for agricultural and community garden purposes, and second for
recreational purposes, on terms and conditions not unreasonably
inhibiting the use of the property, including, but not limited to,
assumption of liability and installation and removal of improvements.
  The lease shall be for one dollar () per year for not less than
one year and shall be renewable.
   The city, county, or special district may sublease the property
for agricultural or recreational purposes upon prior written
notification to the department, and may proceed with the sublease
unless disapproved by the department within 10 working days after the
notice is sent to the department. The first priority for a sublease
shall be given to the owner of property contiguous to the leased
land.
   In a sublease of the property, the city, county, or special
district may charge rental fees at least sufficient to pay its
administrative costs.  All money received by the city, county, or
special district under a sublease, less administrative costs, shall
be transmitted to the department for deposit in the State Highway
Account.
   (b) Unoccupied, unimproved property that has commercial,
industrial, or residential use as its most feasible or best use, as
determined by the department, is not subject to this section.
   (c) The Legislature finds and declares that the lease of
unoccupied, unimproved property pursuant to this section serves a
public purpose.



104.8.  The department may retain in its records all deeds,
conveyances, and other evidences of title to or interests in real
property acquired by the department under the provisions of this
code.  The Secretary of State and any other State officer or
department having custody of any such documents is authorized and
directed to deliver custody of such instruments to the department.
The department may furnish on demand to any person paying the cost of
preparing the same a certified copy of any such document.



104.9.  None of the deeds, conveyances or other evidences of title
to or interests in real property acquired by the department under the
provisions of this code for highway purposes, need be recorded by
the Secretary of State.


104.10.  The Department of Transportation shall, not later than the
first day of November following the close of any fiscal year, pay the
rents computed pursuant to Section 104.6 to the county in which such
real property is situated.  The Department of Transportation shall
certify to the Department of Finance the amount of such rentals
attributable to each county and shall notify each county of the
rental and location of each piece of rental property for which rents
are deposited in the State Highway Account in the State
Transportation Fund.
   The county auditor shall distribute any payment received by the
county pursuant to this section, to the county, to each revenue
district for which the county assesses and collects real property
taxes or assessments, and to every other taxing agency within the
county in which the property is situated in the amount as determined
by the board of supervisors, except that one-half of the allocation
for a rental property shall be allocated to the city in which the
rental property is located.
   As used in this section, the terms "taxing agency" and "revenue
district" have the same meanings given them in the Revenue and
Taxation Code.
   The money received by the respective jurisdictions under this
section shall be expended only for purposes authorized by Article XIX
of the California Constitution.



104.11.  (a) Upon a finding that the action would not adversely
affect the activities of the department, the department may lease, in
whole or in part, property owned by it in the block bounded by First
Street, Main Street, Second Street, and Los Angeles Street in the
City of Los Angeles to public agencies or private entities for any
term not to exceed 99 years.  Each lease shall be subject to
reservations, restrictions, and conditions as the department deems
appropriate.  Prior to entering into a lease, the department shall
determine that the proposed lease is not in conflict with local
zoning ordinances.  The lease may provide for joint use of the
property by the department.  Each lease shall be subject to prior
approval by the commission.
   (b) Revenues from leases shall be deposited in the State Highway
Account.
   (c) The department shall act as agent for the payment of its
tenant's possessory interest tax in accordance with the procedures of
Section 104.13.



104.12.  (a) The department may lease to public agencies or private
entities for any term not to exceed 99 years the use of areas above
or below state highways, subject to any reservations, restrictions,
and conditions that it deems necessary to ensure adequate protection
to the safety and the adequacy of highway facilities and to abutting
or adjacent land uses.  Authorized emergency vehicles, as defined in
Section 165 of the Vehicle Code, which are on active duty and are not
merely being stored, shall be given preference in the use of these
areas, and no payment of consideration shall be required for this use
of the areas by these vehicles.  Prior to entering into any lease,
the department shall determine that the proposed use is not in
conflict with the zoning regulations of the local government
concerned.  The leases shall be made in accordance with procedures to
be prescribed by the commission, except that, in the case of leases
with private entities, the leases shall only be made after
competitive bidding unless the commission finds, by unanimous vote,
that in certain cases competitive bidding would not be in the best
interests of the state.  The possibilities of entering into the
leases, and the consequent benefits to be derived therefrom, may be
considered by the department in designing and constructing the
highways.
   Revenues from the leases shall be deposited in the State Highway
Account.  If leased property was provided to the department for state
highway purposes through donation or at less than fair market value,
the lease revenues shall be shared with the donor or seller if so
provided by contract when the property was acquired.  If the donor or
seller was a local agency which no longer exists at the time the
department enters into the lease, the local agency's share of lease
revenues shall be paid to the county or counties within which the
local agency was situated.
   (b) Notwithstanding subdivision (a), in any case where sufficient
land or airspace exists within the right-of-way of any highway,
constructed in whole or in part with federal-aid highway funds, to
accommodate needed passenger, commuter, or high-speed rail, magnetic
levitation systems, and highway and nonhighway public mass transit
facilities, the department may make the land or airspace available,
with or without charge, to a public entity for those purposes,
subject to any reservations, restrictions, or conditions that it
determines necessary to ensure adequate protection to the safety and
adequacy of highway facilities and to abutting or adjacent land uses.

   (c) The department shall consider future lease potential of areas
above or below state highway projects when planning new state highway
projects.  This consideration shall be accomplished by
intradepartment consultation between offices concerned with project
development and airspace lease development.



104.13.  (a) The department shall act as agent for the payment of
possessory interest taxes due from persons to whom the department
leases property of a type described in subdivision (e).
   (b) The department shall annually provide a current list of all
such property located in each county to the assessor of the county.
Notwithstanding any other provision of law, the assessor shall submit
the possessory interest tax bill for each property directly to the
department, and the department shall be responsible for the payment
of the tax in the manner described in subdivision (c).
   (c) All funds distributed to a county pursuant to Section 104.10
shall be deemed to be in full or partial payment on the total
possessory interest taxes due on the property described in
subdivision (e) located in the county.  If the amount transferred to
a county pursuant to Section 104.10 in any year is less than the
total possessory interest tax due on all the property located in the
county, the department shall promptly forward to the county the
amount of the balance due.
   (d) In lieu of the information required by Section 107.6 of the
Revenue and Taxation Code, all leases of property of a type described
in subdivision (e) shall contain a statement that the department
will pay all possessory interest taxes arising from the lease and
that the amount of rent charged reflects the cost of this added
responsibility of the department.
   (e) This section shall apply only to real property held for future
state highway needs and to real property originally held for that
purpose, which the department has determined is no longer needed for
that purpose, prior to its sale or exchange by the department.



104.15.  Whenever land has been acquired pursuant to former Section
104.1 or pursuant to Article 5 (commencing with Section 1240.410) of
Chapter 3 of Title 7 of Part 3 of the Code of Civil Procedure, the
department may, in its discretion, lease to a local agency for park
purposes all or any portion of the remainder outside the boundary of
the state highway or public work or improvement, but not beyond the
next adjacent dedicated street, when such use will protect such
highway, public work, or improvement and its environs, and will
preserve its view, appearance, light, air, and usefulness.  Such
lease shall be made in accordance with procedures, terms, and
conditions to be prescribed by the commission.  Such terms and
conditions shall include all of the following:
   (a) Provisions requiring the local agency to develop and maintain
such portion of the remainder as a park.
   (b) Provisions that whenever such portion of the remainder is
needed for state highway purposes, the lease shall terminate.
   (c) Provisions that whenever such portion of the remainder ceases
to be used for park purposes, the lease shall terminate.



104.16.  (a) Any airspace under a freeway, or real property acquired
for highway purposes, in the City and County of San Francisco, which
is not excess property, may be leased by the department to the city
and county or another political subdivision or a state agency for
purposes of an emergency shelter or feeding program.
   (b) The lease shall be for one dollar () per month.  The lease
amount may be paid in advance of the term covered in order to reduce
the administrative costs associated with the payment of the monthly
rental fee.  The lease shall require the payment of an administrative
fee not to exceed five hundred dollars (0) per year, unless the
department determines that a higher administrative fee is necessary,
for the department's cost of administering the lease.
   (c) The Legislature finds and declares that the lease of real
property pursuant to this section serves a public purpose.



104.17.  (a) The department may provide information  regarding, and
may lease, airspace under the interchange of Route 4 and Route 5 in
San Joaquin County and on the northeast corner of Route 101 and De La
Vina Street in the County of Santa Barbara, to a city, county, or
other political subdivision or another state agency for emergency
shelter or feeding program purposes.  Property may be leased pursuant
to this section only if there is no buyer.  The lease shall be for
one dollar () per month.  The lease amount may be paid in advance
of the term covered in order to reduce the administrative costs
associated with the payment of the monthly rental fee.
   Any lease executed pursuant to this section shall also provide for
the cost of administering the lease.
   The administrative fee shall not exceed five hundred dollars
(0) per year unless the department determines that a higher
administrative fee is necessary.
   (b) The Legislature finds and declares that the lease of real
property pursuant to this section serves a public purpose.
   (c) Any lease executed pursuant to subdivision (a) for airspace
under the interchange of Route 4 and Route 5 in San Joaquin County
shall provide for the rescission of existing leases of this airspace
between the department and the City of Stockton and for the refunding
of any rent paid pursuant to those leases for periods commencing on
or after January 1, 1988.  Upon the request of the City of Stockton,
the department may renew the lease executed pursuant to subdivision
(a) for the airspace described in this subdivision for the period
requested by the city, but not to exceed 10 years, and may,
subsequent to that renewal, agree to not more than two additional
renewals of not more than 10 years each.



104.18.  (a) Real property in the City of San Diego between 17th
Street and the west side of Route 5 between the southbound onramp and
the offramp near J Street, which was acquired for highway purposes
and which is not excess property, may be leased by the department to
a city, county, or other political subdivision or another state
agency for emergency shelter, feeding program purposes, or for the
establishment of a day care center for children.
   (b) The lease shall be for one dollar () per month.  The lease
amount may be paid in advance of the term covered in order to reduce
the administrative costs associated with the payment of the monthly
rental fee.  The lease shall require the payment of an administrative
fee not to exceed five hundred dollars (0) per year, unless the
department determines that a higher administrative fee is necessary,
for the department's cost of administering the lease.
   (c) The Legislature finds and declares that the lease of real
property pursuant to this section serves a public purpose.




104.19.  (a) The excess property owned by the department described
in subdivision (b) that is leased until June 30, 2005, to the Century
Housing Corporation, a nonprofit corporation, and used for job
training and placement purposes, shall continue to be leased to that
party until June 30, 2028, at the existing rent.
   (b) The excess property consists of approximately 1.3 acres, is
referred to as excess parcels 6160, 6166, 6167, and 6168, and is
located adjacent to Lennox Boulevard and State Highway (Interstate)
Route 405 in an unincorporated area of Los Angeles County.




104.21.  (a) (1) The department may lease airspace under the
interchange of Route 4 and Sutter Street in San Joaquin County to any
city, county, or other political subdivision, or any state agency,
for feeding program purposes.  The department may provide information
to those entities regarding the lease of that airspace for that use.
  Property may be leased under this section only if there is no buyer
for the property.  The lease shall be for one dollar () per month.
  The lease amount may be paid in advance of the term covered in
order to reduce the administrative costs associated with the payment
of the monthly rental fee.
   (2) Any lease executed under this section shall also provide for
the cost of administering the lease.  The administrative fee shall
not exceed five hundred dollars (0) per year unless the department
determines that a higher administrative fee is necessary.
   (b) The Legislature finds and declares that the lease of real
property under this section serves a public purpose.
   (c) Upon the request of the City of Stockton, the department may
renew the lease for the period requested by the city, but not to
exceed 10 years, and may, subsequent to that renewal, agree to not
more than two additional renewals of not more than 10 years each.
   (d) This section shall become operative on July 1, 1999.



105.  The department may construct and maintain stock trails
approximately paralleling any State highway and may retain and
maintain for stock trails the right of way of any State highway which
is superseded by relocation.
   The department may likewise designate as a stock trail any highway
which the State has relinquished to a county and which approximately
parallels any State highway.  Where such a highway has been so
designated as a stock trail, it thereafter may not be abandoned or
vacated without the consent in writing of the department filed with
the board of supervisors.
   The department shall post notices upon such stock trails, and upon
each highway at the entrances of such trails, directing all persons
to drive all untethered stock thereon.
   Any person who drives any untethered stock upon any State highway
between the entrances of such a stock trail is guilty of a
misdemeanor, and, in addition, thereto, is liable for all damage
thereby done to said highway.



106.  Whenever in its opinion the public convenience and necessity
require it for State highway purposes, the department may enter into
a cooperative agreement:
   (a) To construct a bridge across any river, stream, or inlet of
the sea.
   (b) To reconstruct or replace an existing, privately owned bridge
over any river, stream or inlet of the sea, which bridge is used for
highway purposes by the public and the owner.
   (c) To acquire an existing bridge, or a right of way over the
location of such bridge, whenever the acquisition of such bridge or
right of way by the State alone would ordinarily require an excessive
expenditure of State highway money.



107.  Any such agreement may be:
   (a) With any person for the construction of a new bridge and the
use of any such bridge thereafter jointly by such person and the
public.
   (b) With the owner of any existing bridge for the reconstruction
thereof, or for the replacement thereof by a new bridge, and the use
of any such bridge thereafter jointly by such owner and the public.



108.  Any agreement made under the authority of sections 106 and 107
may provide:
   (a) Either for apportionment of the expense of any such
construction, reconstruction, replacement, improvement, or
maintenance between such owner or person and the State, or for the
surrender to the State of the rights and property of the owner and
the construction, reconstruction, replacement, improvement, or
maintenance of any such bridge partly or wholly at the expense of the
State.
   (b) For the terms and conditions upon which the owner may use such
bridge jointly with the public after the construction,
reconstruction, replacement or improvement thereof.
   (c) For other pertinent matters to give effect to sections 106 and
107.



109.  Any such bridge acquired, constructed, reconstructed, replaced
or improved in the manner provided in sections 106, 107 and 108 is a
part of the State highway system and title thereto shall vest in the
State.  Any funds which, without such cooperative agreement, would
be available for the construction, reconstruction, replacement,
improvement or maintenance of a bridge at such location on the State
highway system, shall be available for a similar use under such
cooperative agreement.



109.5.  Whenever the construction of any facility of the United
States or any department or agency thereof, or any feature thereof,
requires construction or relocation of, or other change in any state
highway or bridge, the department may enter into an agreement with
the United States, or with the United States and any person,
providing therefor, and for the exchange of any property required
thereby.  The department may enter into like agreements for
acquisition of a right-of-way over, or respecting maintenance of, any
facility, constructed or owned by the United States or any
department or agency thereof, all or any portion of which is to be
used for highway purposes.



110.  Nothing in this article shall prohibit any county or city from
contributing to the State, in the manner provided by law, funds or
real property or interests therein for the acquisition, construction,
reconstruction, replacement, improvement or maintenance of any such
bridge as is provided for by sections 106, 107 and 108, nor prohibit
the relinquishment of any such bridge by the department to any county
or city.  Upon relinquishment such bridge shall be under the
supervision and control of the county or city to which it is
relinquished.


111.  Whenever the natural course of a State highway passes into or
through any city and a State highway route through or around such
city is not specifically described by law, the commission shall
determine the location of the connecting portion necessary to make
the State highway continuous.  Such location may be either through or
around such city, depending upon the commission's determination as
to which location will be of the greatest benefit to through traffic
upon such State highway.
   Any portion of any street or highway, within the limits of such
city, may be adopted by the commission as a part of the State highway
system without compensation to the city.



111.5.  Whenever a city street or a county highway and an existing
state highway (1) are substantially parallel; (2) each has been or is
to be restricted to one-way traffic, proceeding in opposite
directions as to each other, by ordinance of such city or county duly
enacted and applicable thereto; and (3) the commission determines
that the existing state highway is inadequate and that state highway
traffic conditions can be improved and state highway traffic more
economically served than by confining improvements to the existing
state highway, the commission may adopt any portion of the city
street or county highway so substantially parallel with an existing
state highway, as a part of the State Highway System without
compensation to the city or county, and the department may improve
the same and make necessary connections to route traffic one way on
such city street or county highway and the existing state highway,
respectively.
   Whenever an ordinance of any city or county designating a
particular highway as a one-way highway becomes applicable to a state
highway, whether an existing state highway at the time of the
enactment of such ordinance or a city street or county highway
thereafter adopted as a state highway, such ordinance shall not be
thereafter rescinded, repealed, revoked or amended by action of the
legislative authority of such city or county without the consent in
writing of the department with the approval of the commission first
obtained, unless otherwise provided by the terms of any written
agreement between the State and any city entered into prior to the
effective date of this section.  If any city street or county highway
which has become a portion of the State Highway System pursuant to
this section ceases to be a one-way street because the ordinance
declaring such street or highway to be a one-way street or highway is
rescinded, repealed, revoked, or amended, with the consent of the
department, as hereinabove provided, such city street or county
highway, or the portion thereof that is no longer restricted to
one-way traffic, shall by operation of law revert to the status of a
city street or county highway and cease to be a portion of the State
Highway System.


112.  The department may enter into an agreement with any city
relative to proceedings to be taken by the city to fix or change the
grade of any State highway, or portion thereof, within the city in
order to establish a grade specified in such agreement.  The city, in
fixing such grade, may follow the procedure specified in any statute
or ordinance providing for fixing or changing the grades of city
streets with like effect as if such highway were a city street and
the grade so established or changed shall be the official grade of
such State highway or portion thereof.
   The city may contribute any part of the expense of such
proceedings, including payment of claims, out of any funds available
to it for the acquisition of rights of way for the construction,
improvement or maintenance of streets.
   This section does not limit the right of the department, on
authorization of the commission, to proceed as provided in Article 1
of Chapter 6 of this division.



113.  Upon a request from the department the governing body of any
city may acquire any real property or interest therein needed for
state highway purposes and lying within such city.  The title to such
real property or interest therein may be taken in the name of the
State or of the city.
   Any city may aid in the construction, improvement or maintenance
of any state highway located in whole or in part within its
boundaries by contributing any part of the expense thereof to the
department out of any city funds available or to become available for
construction, improvement or maintenance of streets within the city.



113.5.  A city or county may enter into a cooperative agreement with
the department to fund the construction or improvement of a segment
of a state highway located in whole or in part within its
jurisdiction when the project is included in the state transportation
improvement program pursuant to Section 14529 of the Government
Code.  The project shall be constructed by the department, and, upon
completion of construction, the highway segment shall be in the
possession and control of, and operated and maintained by, the
department.


114.  (a) When the commission or other public entity has allocated
any funds for the construction, improvement, or maintenance of any
portion of a state highway within a city or a county, the department
may enter into a cooperative agreement with the city or the county or
other public entity for the performance of the work by the
department or by the city or the county or other public entity, or
for the apportionment of the expense of the work between the
department and the city or the county or other public entity.
   (b) The department shall enter into a cooperative agreement with a
city, county, or other public entity to perform professional and
technical project development services,  if the department determines
that the city, county, or other public entity in which the project
is located has qualified and available staff to perform the necessary
project services.



115.  All work performed pursuant to any provisions of sections 111,
113 and 114 shall be performed to the satisfaction of and subject to
the approval of the department.



116.  The department may delegate to any such city or county any
part of the powers and jurisdiction vested by law in the department,
except the power of approval, with respect to any portion of any such
state highway within such city or county, and may withdraw such
delegation.



117.  Unless otherwise specifically provided in the instrument
conveying title, the acquisition by the department of any
right-of-way over any real property for state highway purposes,
includes the right of the department to issue, under Chapter 3
(commencing with Section 660), permits for the location in the
right-of-way of any structures or fixtures necessary to telegraph,
telephone, or electric power lines or of any ditches, pipes, drains,
sewers, or underground structures.



118.  (a) Whenever the department determines that any real property
or interest therein, previously or hereafter acquired by the state
for highway purposes, is no longer necessary for those purposes, the
department may sell, contract to sell, sell by trust deed, or
exchange the real property or interest therein in the manner and upon
terms, standards, and conditions established by the commission.  The
payment period in any contract of sale or sale by trust deed shall
not extend longer than 10 years from the time the contract of sale or
trust deed is executed, and any transaction involving a contract of
sale or sale by trust deed to private parties shall require a
downpayment of at least 30 percent of the purchase price, except as
follows:
   (1) In the case of improved and unimproved real property sold or
exchanged for the purpose of housing for persons and families of low
or moderate income, as defined in Section 50093 of the Health and
Safety Code, the payment period may not exceed 40 years and the
downpayment shall be at least 5 percent of the purchase price.  All
contracts of sale or sales by trust deed, for the purpose of housing
for persons and families of low- or moderate-income shall bear
interest.  The rate of interest for any such contract or sale shall
be computed annually, and shall be the same as the average rate
returned by the Pooled Money Investment Board for the past five
fiscal years immediately preceding the year in which the payment is
made.  The contract of sale and sales by trust deeds shall not be
utilized if the proposed development or sale qualifies for financing
from other sources and if the financing makes feasible the provision
of low- and moderate-income housing.
   (2) All improved residential property sold to a local public
agency pursuant to paragraph (1), if subsequently sold or transferred
to a nonprofit housing organization, shall have the endorsement of
the city in which the parcels are located, or the county if the
parcels are located in an unincorporated area, that the housing shall
remain at affordable housing costs to persons and families of low-
or moderate-income and very low income households for the longest
feasible time, but for not less than 15 years, as determined by the
city or county, as the case may be.  By endorsing such a  sale, the
city or county accepts the responsibility of ensuring the housing
remains affordable.  The local public agency shall record in the
office of the county recorder, covenants or restrictions implementing
this subdivision.  Notwithstanding any other provision of law, the
covenants or restrictions shall run with the land and shall be
enforceable against the original purchaser from the department and
successors in interest.
   (b) Any conveyance under this section shall be approved by the
commission and shall be executed on behalf of the state by the
director and the purchase price shall be paid into the State Treasury
to the credit of any fund, available to the department for highway
purposes, which the commission designates.
   (c) Any such real property or interest therein may in like manner
be exchanged, either as whole or part consideration, for any other
real property or interest therein needed for state highway purposes.



118.1.  Except as provided in Article 8 (commencing with Section
54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the
Government Code and Section 118.  6 of this code, with respect to
commercial real property acquired for the construction of a state
highway, but no longer required for that purpose because the
construction will not be undertaken, the department shall first offer
the real property for sale at its current fair market value to the
occupant thereof if the occupant is renting or leasing the real
property from the department, has used and occupied the real
property, and has made improvements of a value in excess of five
thousand dollars (,000) on the real property during that time at
his or her own expense consistent with the terms of the rental or
lease agreement with the department.  For the purpose of establishing
fair market value, the department shall obtain at least two
independent appraisals from qualified appraisers.
   The failure of the department to first offer excess real property
as required by this section shall not affect the validity of any
conveyance of this excess real property to any person or entity
unaware of the failure of the department to do so.  However, this
shall in no way be construed as releasing the department  from its
responsibility in offering that property to the occupants thereof
first.



118.5.  No parcel of property acquired by eminent domain for the
purposes specified in Section 104 which, in its entirety, is found to
be no longer necessary for such purposes shall be subject to public
sale, unless an amount equal to the taxes which would have been paid
by the owner had the property not been acquired by the state is
transmitted by the department to the county auditor of the county in
which the property is located.  The amount of any payments made
pursuant to Section 104.10 with respect to the property shall be
deducted from the amount required to be transmitted pursuant to this
section.
   The money received by the county under this section shall be
expended only for the purposes authorized by Article XIX of the
California Constitution.



118.6.  The department shall, to the greatest extent possible, offer
to sell or exchange excess real property within one year from the
date that it is determined by the department to be excess.
   "Excess real property," for the purposes of this section, means
all land and improvements situated outside of calculated highway
right-of-way lines not needed or used for highway or other public
purposes, including, but not limited to, those leased to public
agencies pursuant to Section 104.15, and available for sale or
exchange.
   The department shall adopt rules and regulations to determine
which real property outside of calculated right-of-way lines is no
longer needed or used for highway or other public purposes, and which
is available for sale or exchange. The department is authorized to
lease all real property not presently needed or used for highway
purposes pending the sale or exchange of such property.
   Excess real property which consists of lands of notable
environmental value, such as, but not limited to, lands of
extraordinary scenic beauty, lands fronting on waterway, lakes, and
marshes, lands within the boundaries of parks, recreational areas,
wildlife preserves or refuges, and lands providing wildlife habitat
shall first be offered for sale or exchange to public agencies
operating parks and recreational areas as follows:
   (a) To any park or recreation department of any city within which
the land may be situated.
   (b) To any park or recreation department of the county within
which the land is situated.
   (c) To any regional park authority having jurisdiction within the
area in which the land is situated.
   (d) To the State Resources Agency or any agency which may succeed
to its powers.
   The public agency desiring to purchase such land for park or
recreation use shall notify the department within 60 days of its
intent to purchase the land after receipt of the department's
notification of intent to sell the land.  If the public agency
desiring to purchase the land and the department are unable to arrive
at a mutually satisfactory sales price for the land during the
60-day period, the land may be disposed of in the normal manner.
   The failure of the department to first offer excess real property
which consists of lands of notable environmental value to public
agencies operating parks and recreational areas shall not affect the
validity of any conveyance of such excess real property to any person
or entity unaware of the failure of the department to do so;
however, this shall in no way be construed as releasing the
department from its responsibility in offering such property to such
public agencies first.



118.7.  (a) The department may, upon terms, standards, and
conditions approved by the commission and the California Coastal
Commission, transfer environmental mitigation property located within
the city limits of Huntington Beach to a public agency or to a
nonprofit corporation that is qualified pursuant to Section 501(c)(3)
of the Internal Revenue Code and is organized for, among other
things, open-space or land conservation purposes.
   (b) For the purposes of this section, "environmental mitigation
property," means property owned by the department that is required by
state or federal law, or by permit conditions imposed by a state or
federal agency, to be preserved or restored as natural habitat to
offset the environmental impacts caused by the construction and
operation of a state highway improvement project.  However,
"environmental mitigation property" does not include property that is
part of highway operating right of way.  Environmental mitigation
property shall be maintained as natural habitat in accordance with
the permit conditions.  "Environmental mitigation property" means
property situated immediately east and adjacent to State Highway
Route 1 located between Brookhurst Street and Newland Street with an
approximate size of 7.1 acres.
   (c) As a condition to the transfer of environmental mitigation
property pursuant to subdivision (a), the department may enter into a
cooperative agreement with the transferee to provide funding for the
future maintenance of the property consistent with any permit
conditions and mitigation requirements imposed by state or federal
law or conditions imposed by a state or federal agency.  In
determining the amount of the funding provided, the department shall
consider the costs of maintaining the property and shall offset from
the amount of those costs any benefit or value received by the
transferee as a result of the transfer.
   The department shall provide the fiscal and transportation policy
committees of the Legislature with at least 30 days prior written
notice of the transfer and cooperative agreement, and the amount of
any funding in accordance with the transfer and cooperative
agreement, to facilitate the Legislature's review of the transfer.
   Funding provided as part of a transfer agreement shall be limited
to a single occurrence.
   (d) (1) The public agency or nonprofit corporation to which the
department transfers the environmental mitigation property shall
assume the long-term responsibility for the future maintenance of the
property.
   (2) (A) If the public agency or nonprofit corporation fails to
maintain the property in the manner required by law and in the manner
described in subdivision (b), or if the nonprofit corporation ceases
to exist, the property shall automatically revert to the department.

   (B) If the property reverts back to the department pursuant to
this paragraph, any remaining funds from the original transfer
pursuant to subdivision (a) shall revert back to the department.
   (C) Any costs, including legal costs, associated with reversion
pursuant to this paragraph shall not accrue to the department.
   (e) (1) All deeds conveying property in accordance with this
section shall include a restriction limiting the use of the property
solely for environmental mitigation purposes in accordance with the
permit conditions specified in subdivision (b).
   (2) All deeds conveying property in accordance with this section
and deeds related to a transfer or assignment of property under this
section shall be filed with the county recorder's office in the
county where the property is located.
   (f) The public agency or nonprofit corporation to which the
department transfers environmental mitigation property shall not do
any of the following:
   (1) Transfer or assign the property to another entity without
approval from the department and compliance with this section.
   (2) Transfer or use the property for any other purpose than
required by permit conditions and mitigation requirements.
   (3) Subdivide the property.
   (4) Allow the property to be used to obtain development approval
for other property or to provide mitigation for the development of
other property.



119.  Any real property or interest therein which has passed to the
State and has been accepted on behalf of the State by the department
for highway purposes, inadvertently or by mistake, may be reconveyed
to the persons entitled thereto.  The reconveyance of any such real
property or interest therein shall be executed by the director on
behalf of the State.  Such reconveyance shall not be made until the
consideration originally received therefor by the grantor is first
refunded or reconveyed to the State, or to any other party entitled
thereto.


120.  With the consent and approval of the Public Utilities
Commission, the department may abandon that portion of any state
highway which crosses the tracks or right of way of any railroad or
street railroad, and may close such crossing.


121.  Notwithstanding any other provision of law, a state highway
that has been designated by the federal government as an All-American
Road on or before April 30, 2002, shall be maintained and operated
by the department consistent with the recommendations for
context-sensitive design standards relative to aesthetics and safety
that are contained in the corridor management plan submitted to the
Federal Highway Administration.



122.  Whenever jurisdiction over any highway within a State park has
been relinquished to the authority charged by law with the
management and control of such park, the department may construct,
improve or maintain such highway.  Any construction, improvement or
maintenance of highways, other than State highways, within state
parks shall be subject to the approval of the park authority.



123.  The provisions of section 122 shall neither affect nor limit
the department's authority, possession or control of any State
highway even though any portion of such State highway is located
within a State park.


123.5.  The department shall erect and maintain signs directing the
way to each of the 21 California Missions originally established by
the Franciscan Fathers at the state highway intersection (or
turn-offs in case of freeways) nearest to each of the missions.




124.  The department may restrict the use of, or close, any State
highway whenever the department considers such closing or restriction
of use necessary:
   (a) For the protection of the public.
   (b) For the protection of such highway from damage during storms
or during construction, improvement or maintenance operations
thereon.



124.1.  (a) Upon completion by the department of a safety study and
a determination by the director, with the concurrence of the
Commissioner of the California Highway Patrol, that truck traffic
attributable to the United States-Mexico border crossing at Tecate in
San Diego County constitutes a safety hazard to schoolbus
operations, the department shall  determine methods of mitigating the
safety hazard, including, but not limited to, prohibiting the use of
truck tractor-trailer combinations on Route 94 from the communities
of Boulevard and Manzanita to the junction of  Route 54 (traveling
east and west) during the hours of 6 a.m.  to 9 a.m.  and 2 p.m.  to
5 p.m. on those days that public school districts utilize that
portion of Route 94 to operate schoolbuses, as defined in Section 545
of the Vehicle Code.
   (b) Any person operating a vehicle on Route 94 in violation of
this section is guilty of an infraction punishable as provided in
Section 42001 of the Vehicle Code.



125.  To notify the public that a state highway is closed or its use
restricted, the department may:
   (a) Erect suitable barriers or obstructions upon such highway.
   (b) Post warnings and notices of the condition of any such
highway.
   (c) Post signs for the direction of traffic upon it, or to or upon
any other highway or detour open to public travel.
   (d) Place warning devices on such highway.
   (e) Assign a flagman to warn, detour or direct traffic on such
highway.



127.  The California Highway Patrol shall cooperate with the
department in the enforcement of the closing, or restriction of use,
of any State highway.


128.  The department shall maintain, in each district office, a file
of its final construction plans and right-of-way record maps for all
completed state highway projects located within the district.  The
department may file, in the office of the recorder of the county in
which any state highway is located, such plans, maps, or drawings of
each state highway as the department deems necessary in the public
interest, which the county recorder shall accept and file without
fee.  No certificate need be attached thereto other than the usual
title of the department showing the approval of such plans, maps, or
drawings by the proper officer or engineer of the department.
   All maps filed in the office of a county recorder pursuant to this
section shall conform to the provisions of this paragraph.  The map
shall be legibly drawn, printed, or reproduced by a process that
provides a permanent record.  Each sheet of paper or other material
used for such map shall be 22 by 36 inches in size, shall have
clearly shown therein the particular number of the sheet, the total
number of sheets comprising the map, and its relation to each
adjoining sheet, and shall have encompassing its border a line that
leaves a blank margin one inch in width, except that the left side
margin shall be two inches in width.  In any county using a microfilm
system, such plans, maps, or drawings may be microfilmed in lieu of
filing.


129.  Each county recorder shall keep all such state highway plans,
maps, or drawings filed in separate map books provided by the
department for that purpose and each designated "State Highway Map
Book No. ____, __________ County."  Each such plan, map, or drawing
shall be numbered in the order of filing and indexed in a separate
index showing the number and the date of filing.



130.  The department and any county, city, or joint highway
district, or any of them, may enter into a contract in respect to the
proportion of the expense of the acquisition, construction,
improvement or maintenance of any state highway to be borne by the
respective parties to such contract.  Any such contract may provide
for the advancement of funds, for the acquisition of rights of way
and for the doing of the work, or any portion thereof, by any party
to the contract, pursuant to the laws governing such party with
reference to such type of acquisition or such character of work.
   Any money appropriated for the acquisition of rights of way for
the construction, improvement or maintenance of county highways, city
streets, or joint highway district roads may be expended in such
acquisition, construction, improvement or maintenance of any state
highway located in whole or in part within the limits of such city,
county, or joint highway district, pursuant to such contract, and
shall be made available therefor by resolution of the governing body
of the city, county, or joint highway district, as the case may be.




130.1.  Upon the completion of the improvement of any portion of any
state highway constructed pursuant to Section 130 by the party
designated in the contract, the governing body of such party may, and
upon the completion of the whole of any such highway the governing
body shall, adopt a resolution declaring such completion and transmit
a copy of the resolution to the director.



130.2.  Upon receipt of the resolution of completion by the
director, the control of the state highway, or the portion thereof,
declared completed by the resolution shall revert to the State of
California and the state shall be liable for its future maintenance
and care.



130.5.  The department may enter into a contract with the Federal
authority in charge of any National monument with respect to the
portion of the expense of the acquisition, construction, improvement
or maintenance of any State highway within such monument to be borne
by the respective parties to such contract.  The contract may provide
for the construction, improvement or maintenance of the highway
wholly by such Federal authority.  No such contract shall limit in
any respect the right of the public to use the highway in accordance
with laws applicable thereto.



131.  Upon the application of the governing authority of any county,
city, or other governmental agency, the department may:
   (a) Aid in establishing grades and drainage systems for highways.

   (b) Advise with any such authority as to the construction,
improvement, or maintenance of highways.
   (c) Prepare plans, specifications, or estimates for the
construction, improvement, or maintenance of highways.
   (d) Act as the consulting engineer for any such authority.
   (e) Accept moneys from any such governmental unit for deposit in
the State Treasury to the credit of any state fund which the
department designates.  The department shall use such moneys for the
acquisition, construction, improvement, or  maintenance of highways
situated within such governmental unit, in accordance with the plans,
specifications, and terms agreed upon.  The governing authority of
any such governmental unit may pay into the State Treasury, as
provided in this subdivision, any moneys in its treasury or raised by
the issuance of bonds, which moneys are available for use by such
authority for highway purposes.
   Any county, by resolution of the board of supervisors, may
authorize the State Controller to deduct, from any apportionments to
it from the Motor Vehicle Account in the State Transportation Fund or
the Motor Vehicle Fuel Account in the Transportation Tax Fund, such
amounts as the county may desire to be paid to the department for any
work to be done in accordance with this subdivision.  Upon such
authorization, the State Controller shall transfer such moneys to
such fund as the department may designate.
   (f) Accept such compensation as may be agreed upon by such
authority and the director for engineering services rendered to such
authority.
   (g) Advance moneys, where the director determines that such
advance can be made without interference with state highway work, for
emergency construction or maintenance work on highways by state
forces, or by state contractor, in cases of disaster due to storms or
floods where (1) the Governor has declared an emergency pursuant to
Section 188.1, and (2) the agency or agencies having jurisdiction
over such highway or highways have, by resolution or contract, agreed
to reimburse the department, from succeeding Highway User Tax
Account in the Transportation Tax Fund apportionments or other
sources specified in such resolution or contract and available to
such agency or agencies for highway purposes, for the entire cost of
the work, including not to exceed 10 percent for overhead and
administration.  In the event such resolution or contract specifies
reimbursement from future apportionments to the agency or agencies by
the State Controller,  the State Controller shall transfer such
moneys, in such manner and over such period as may be specified in
the resolution or contract, to such fund as the department may
designate.



131.1.  Upon the request of any service authority for freeway
emergencies that has imposed additional fees on vehicles pursuant to
Section 9250.10 of the Vehicle Code, the department may contract with
the authority for the installation, operation, and maintenance of
motorist call boxes on portions of the California Freeway and
Expressway System within the county.  The service authority shall
reimburse the department for all costs incurred under this section.



131.5.  The department and any county having a park commission may
enter into and carry out cooperative agreements for the grading,
development, planting and maintenance of roadside areas along any
State highway and within the right of way thereof and providing that
the department be reimbursed for any expenditure incurred by it.
Counties entering into such agreement are authorized to indicate such
roadside parks and their approaches by suitable signs in the manner
and to the extent provided in any such agreement.  It is a
misdemeanor for any person to park any house trailer in any such
roadside park.


132.  For any cooperation rendered under the provisions of
subdivisions (a), (b), (c) or (d) of section 131, the department may
require the applicant to pay any portion of the expense, and in such
event the department shall determine what amount such applicant shall
pay.
   Any expense incurred in carrying out the objects of any provision
of section 131 is part of the administrative expense of the
department.



134.  In the expenditure of funds allocated under Sections 2107 and
2117 for expenditure on other than state highways, the department
may, upon the application of the governing body of the city, acquire
in the name of the city real property, or any interest therein, for
any of the purposes provided for in those sections.




134.5.  Whenever by the construction or improvement of a State
highway, changes are necessitated in streets or highways not a part
of the State highway system, or in other publicly owned facilities,
which require the acquisition of real property or interests therein,
the department may acquire such real property in the name of the
governmental agency in charge of the street, highway or other
facility.  This section shall not impose any liability upon the State
where it would not otherwise exist.



135.  The department may enter into contracts for the removal or
relocation of structures or improvements situated upon real property
over which a right-of-way for state highway purposes has been or is
to be acquired.  Nothing in this section limits or restricts the
authority of the department to make agreements authorized by Section
1263.610 of the Code of Civil Procedure.



135.3.  The Legislature intends by this act to provide prompt and
equitable relocation assistance to low-income individuals and
families displaced because of the construction of state highway
projects in areas where the market value of real property is
economically depressed.  The Legislature by establishing a
replacement housing program for such individuals and families intends
to accomplish this objective of providing housing which is decent,
safe, sanitary, and functionally equivalent to the housing eliminated
by highway construction.  Such replacement housing program shall be
coordinated with the relocation advisory assistance provided by the
department in accordance with Section 156.5.  The Legislature further
intends that to the extent the department deems feasible such
housing shall be supplied by existing housing, moved housing, and
refurbished housing before new replacement housing is constructed on
a volume basis.
   The Legislature finds that the foregoing objectives can best be
achieved by enabling low-income persons in economically depressed
areas affected by state highway construction to participate in the
development and execution of the replacement housing program.
Accordingly, when the initial replacement housing program is
undertaken for the assistance of persons displaced by the
construction of State Highway Route 105 in Los Angeles County, such
program shall be conducted in a manner conducive to maximum community
participation, thereby assisting in alleviation of excessive
unemployment by utilizing local labor and contributing to the
development of training programs for unskilled labor.
   The Legislature further finds that conventional contracting
procedures, including competitive bidding, may not be consistent with
the attainment of these objectives.  Therefore, in carrying out this
initial replacement housing program on State Highway Route 105, the
department may enter into the contracts contemplated by Section 135.7
pursuant to such procedures as the director determines to be best
suited to the achievement of the maximum community participation
consistent with the economical completion of the freeway projects.
   The Legislature further finds and declares that the exemption from
competitive bidding authorized by this section is made by reason of
the unique nature of the initial replacement housing program on State
Highway Route 105, and is not to be considered as establishing a
precedent for exempting any other public works construction from
competitive bidding and other conventional contracting procedures,
nor as in derogation of the fundamental policy of the Legislature
that contractors for public works be selected by competitive bidding
in order to secure economy of construction and other benefits which
accrue to the public by reason of such contracting procedures.



135.4.  As used in Sections 135.3, 135.4, 135.5, 135.6, and 135.7:
   (a) "Low-income individuals and families" means those persons who
lack the financial ability and income necessary to obtain replacement
housing.
   (b) "Economically depressed area" means an area which the
commission by resolution determines to meet all of the following
criteria:
   (1) The state highway project is located in an area consisting
principally of housing occupied by low-income individuals and
families.
   (2) An adequate number of replacement housing units for low-income
individuals and families is not available in the immediate area of
the state highway project.
   (3) Relocation advisory assistance will be insufficient to place a
majority of such individuals and families in replacement housing in
the immediate area of the state highway project.
   (c) "Replacement housing" means functionally camparable single or
multiple dwelling units which are decent, safe, and sanitary for
low-income individuals and families.



135.5.  (a) As used in this section, "relocation assistance" means,
and shall be limited to, that assistance reasonably necessary to
place low-income individuals and families who lack the financial
ability and income to obtain replacement housing without relocation
assistance, and who own and reside in housing in an economically
depressed area and who are displaced because of the acquisition or
clearance of right-of-way for a project on the state highway system,
in replacement housing in the same relative economic ownership
position as before displacement by transferring or exchanging their
right, title, and interest in property required for state highway
purposes for the right, title, and interest in replacement housing.
   (b) The department is authorized to provide relocation assistance
to low-income individuals and families who own and reside in housing
in an economically depressed area and who are displaced because of
the acquisition or clearance of rights-of-way for a project on the
state highway system, which project is located in an economically
depressed area.
   (c) The department is authorized to adopt rules and regulations to
implement this section.  Such rules and regulations shall include
provisions relating to:
   (1) The methods and priorities for placing such low-income
individuals and families in replacement housing.
   (2) The standards for determining the relative economic ownership
position of such low-income individuals and families before
displacement.  The department in determining such standards shall
consider the equity value and monthly payments of principal and
interest, the availability of federal housing programs, and such
other similar ownership factors.
   (3) The standards for determining which of such low-income
individuals and families lack the financial ability and income
necessary to obtain replacement housing without relocation
assistance.
   (4) The procedure for transferring or exchanging right, title, and
interest in property required for state highway purposes for the
right, title, and interest in replacement housing.



135.6.  The department may acquire, either in fee or in any lesser
estate or interest, any unimproved or unoccupied real property, or
real property not devoted primarily to residential use, to provide
replacement housing for low-income individuals and families who
reside in economically depressed areas and are displaced becuase of
the acquisition or clearance of rights-of-way for a project on the
state highway system, in order to enable them to live in decent,
safe, and sanitary dwellings.  All other property acquired for such
purpose shall be acquired by means other than condemnation.  The
acquisition of such property is declared to be a public purpose and
use.



135.7.  The department may contract with other public agencies,
private individuals, and corporations for the financing, planning,
development, construction, management, sale, exchange, or lease of
replacement housing.  Low-income individuals and families displaced
because of the acquisition or clearance of rights-of-way for a
project on the state highway system shall be given priority in
buying, leasing, transferring, or exchanging property for replacement
housing.


136.  The department may enter into contracts for the leasing or
renting of tools or equipment for State highway purposes.



136.1.  The department may enter into major damage mitigation
contracts to perform major damage repairs and operations on state
highways when caused by sudden, unforeseen events such as storms,
landslides, flooding, high surf, earthquakes or other geological
action, or civil unrest.  These contracts may be entered into prior
to the onset of major damage in order to retain the contractor in
readiness to respond to incidents as needed.  Work performed under
each contract shall be limited to physical construction, demolition,
debris removal, and traffic control.  The work shall be considered,
for funding purposes, as a public works construction project.




136.5.  (a) The contracts referred to in Sections 135, 136, and
136.1 are not subject to the State Contract Act (Part 2 (commencing
with Section 10100) of Division 2 of the Public Contract Code).
Except for emergency work of the type described in subdivision (b),
whenever the estimated amount of a contract exceeds two thousand five
hundred dollars (,500), it shall be awarded to the lowest
responsible bidder, after competitive bidding on any reasonable
notice that the department may prescribe.  Posting of notice for five
days in a public place in the district office within which the work
is to be done, or the equipment used, is sufficient.  Those contracts
shall be subject to the applicable payment bond provisions of
Chapter 7 (commencing with Section 3247) of Part 4 of Division 3 of
the Civil Code.  The department may require faithful performance
bonds when considered necessary.  The advertisement for each contract
shall state whether or not a bond shall be required.
   (b) In cases of emergency work necessitated by the imminence or
occurrence of a landslide, flood, storm damage, accident, or other
casualty, tools or equipment may be rented for a period of not to
exceed 60 days without competitive bidding, and the department may
waive the requirements of Chapter 7 (commencing with Section 3247) of
Part 4 of Division 3 of the Civil Code to the extent that a
contractor may commence performance of the work under the contract
for the rental of tools or equipment prior to filing a payment bond
with the department.  In that case, no payment shall be made to the
contractor until a payment bond covering all work of the contract is
filed with the department.



137.  The department shall determine the kind, quality, and extent
of all highway work done under its control, and may prepare and
approve all plans, specifications, and estimates for all such work.



137.6.  The design of, the drafting of specifications for, and the
inspection and approval of state highway structures shall be by civil
engineers licensed pursuant to the Professional Engineers Act
(Chapter 7 (commencing with Section 6700), Division 3, Business and
Professions Code).
   The approval of plans for, and the inspection and approval of,
temporary structures erected by contractors in connection with the
construction of state highway structures shall also be by such
licensed civil engineers.



138.  The department may employ an attorney at law and such
assistant attorneys as are necessary, said attorney to act as the
attorney and legal adviser of the department in all highway matters.
No contract, relating to highways, awarded by the department shall
be binding on the State until it is approved in writing by the
Attorney General or by the attorney so employed.



139.  The director or the Chief Engineer of the department may
require verbal or written reports from any officer, assistant, or
employee of the department regarding state highway matters with which
such officer, assistant, or employee is engaged.  Any officer,
assistant, or employee who knowingly renders a false report to the
director or the Chief Engineer is guilty of a felony.



140.  The department may establish and maintain shops for the
construction, repair, and servicing of any equipment owned or used by
the department.  The department may purchase and supply such
materials and parts, and furnish such labor, as is necessary in the
construction, repair, and servicing of equipment for other state
departments.  The other state departments receiving them shall
reimburse the department for the cost of such materials, parts, and
labor, including overhead charges.



140.3.  Effective June 30, 2006, the Equipment Service Fund in the
State Treasury is abolished and all moneys in the fund shall be
transferred to the State Highway Account in the State Transportation
Fund. Any outstanding liabilities and encumbrances of the Equipment
Service Fund as of June 30, 2006, shall become liabilities and
encumbrances payable from the State Highway Account.



140.5.  The department may do anything, including the prosecution of
any action, necessary to collect any amounts owing to the State as a
result of any activity of the department, and may settle any of such
claims with or without court action.



141.  In addition to the other powers relating to state highways
granted to it by law, the department may do all of the following:
   (a) Make investigations to place, at the service of the state, the
most approved methods of highway construction, improvement, and
maintenance.
   (b) Compile statistics relative to the highways of the various
counties and cities and of the districts formed to construct,
improve, or maintain the highways.
   (c) Determine the methods of highway construction, improvement,
and maintenance best adapted to the various sections of the state,
and the best methods of construction, improvement, and maintenance of
highways, making experiments with respect thereto from time to time.

   (d) Call upon any state, county, city, or district official to
furnish any information the official has relating to, or is in any
way necessary to the proper performance of, the highway work of the
department.  The official shall furnish the information without
charge.
   (e) Join associations of highway and transportation officials of
other states and others which have been established for not less than
10 years, having as their purpose the interchange of information
relating to highway construction, improvement, maintenance, and
administration and other transportation matters.
   (f) Direct any of its officers or employees to travel to places
outside this state at state expense for the purposes, when approved,
as provided in Section 11032 of the Government Code.



142.  All expense incurred in carrying out the objects of section
141 is part of the administrative expense of the department.



143.    (a) (1) "Regional transportation agency" means any of the
following:
   (A) A transportation planning agency as defined in Section 29532
or 29532.1 of the Government Code.
   (B) A county transportation commission as defined in Section
130050, 130050.1, or 130050.2 of the Public Utilities Code.
   (C) Any other local or regional transportation entity that is
designated by statute as a regional transportation agency.
   (D) A joint exercise of powers authority as defined in Chapter 5
(commencing with Section 6500) of Division 7 of Title 1 of the
Government Code, with the consent of a transportation planning agency
or a county transportation commission for the jurisdiction in which
the transportation project will be developed.
   (2) "Transportation project" means one or more of the following:
planning, design, development, finance, construction, reconstruction,
rehabilitation, improvement, acquisition, lease, operation, or
maintenance of highway, public street, rail, or related facilities
supplemental to existing facilities currently owned and operated by
the department or regional transportation agencies that is consistent
with the requirements of paragraph (2) of subdivision (b).
   (b) (1) Notwithstanding any other provision of law, only the
department, in cooperation with regional transportation agencies, and
regional transportation agencies, may solicit proposals, accept
unsolicited proposals, negotiate, and enter into comprehensive
development lease agreements with public or private entities, or
consortia thereof, for transportation projects.
   (2) The number of projects authorized pursuant to this section
shall be limited to two projects in northern California and two
projects in southern California. The California Transportation
Commission shall select the candidate projects from projects
nominated by the department or a regional transportation agency. No
fewer than two of the selected projects shall be nominated by a
regional transportation agency. The projects shall be primarily
designed to improve goods movement, including, but not limited to,
exclusive truck lanes and rail access and operational improvements.
The projects shall address a known forecast demand, as determined by
the department or regional transportation agency.
   (3) All negotiated lease agreements shall be submitted to the
Legislature for approval or rejection. Prior to submitting a lease
agreement to the Legislature, the department or regional
transportation agency shall conduct at least one public hearing at a
location at or near the proposed facility for purposes of receiving
public comment on the lease agreement. Public comments made during
this hearing shall be submitted to the Legislature with the lease
agreement. Unless the Legislature passes a resolution, with both
houses concurring, rejecting a negotiated lease agreement within 60
legislative days of the agreement being submitted to it, the
agreement shall be deemed approved. A lease agreement may not be
amended by the Legislature.
   (c) For the purpose of facilitating those projects, the agreements
between the parties may include provisions for the lease of
rights-of-way in, and airspace over or under, highways, public
streets, rail, or related facilities for the granting of necessary
easements, and for the issuance of permits or other authorizations to
enable the construction of transportation projects. Facilities
subject to an agreement under this section shall, at all times, be
owned by the department or the regional transportation agency, as
appropriate. For department projects, the commission shall certify
the department's determination of the useful life of the project in
establishing the lease agreement terms. In consideration therefor,
the agreement shall provide for complete reversion of the leased
facility, together with the right to collect tolls and user fees, to
the department or regional transportation agency, at the expiration
of the lease at no charge to the department or regional
transportation agency. At time of the reversion, the facility shall
be delivered to the department or regional transportation agency, as
applicable, in a condition that meets the performance and maintenance
standards established by the department and that is free of any
encumbrance, lien, or other claims.
   (d) (1) The department or a regional transportation agency may
exercise any power possessed by it with respect to transportation
projects to facilitate the transportation projects pursuant to this
section. The department, regional transportation agency, and other
state or local agencies may provide services to the contracting
entity for which the public entity is reimbursed, including, but not
limited to, planning, environmental planning, environmental
certification, environmental review, preliminary design, design,
right-of-way acquisition, construction, maintenance, and policing of
these transportation projects. The department or regional
transportation agency, as applicable, shall regularly inspect the
facility and require the lessee to maintain and operate the facility
according to adopted standards. The lessee shall be responsible for
all costs due to development, maintenance, repair, rehabilitation,
and reconstruction, and operating costs.
   (2) In selecting private entities with which to enter into these
agreements, notwithstanding any other provision of law, the
department and regional transportation agencies may utilize, but are
not limited to utilizing, one or more of the following procurement
approaches:
   (A) Solicitations of proposals for defined projects and calls for
project proposals within defined parameters.
   (B) Prequalification and short-listing of proposers prior to final
evaluation of proposals.
   (C) Final evaluation of proposals based on qualifications, best
value, or both. If final evaluation is to be based on best value, the
California Transportation Commission shall develop and adopt
criteria for making that evaluation prior to evaluation of a
proposal.
   (D) Negotiations with proposers prior to award.
   (E) Acceptance of unsolicited proposals, with issuance of requests
for competing proposals.
   (3) No agreement entered into pursuant to this section shall
infringe on the authority of the department or a regional
transportation agency to develop, maintain, repair, rehabilitate,
operate, or lease any transportation project. Lease agreements may
provide for reasonable compensation to the leaseholder for the
adverse effects on toll revenue or user fee revenue due to the
development, operation, or lease of supplemental transportation
projects with the exception of any of the following:
   (A) Projects identified in regional transportation plans prepared
pursuant to Section 65080 of the Government Code and submitted to the
commission as of the date the commission selected the project to be
developed through a lease agreement, as provided in this section,
unless provided by the lease agreement approved by the department or
regional transportation agency and the commission.
   (B) Safety projects.
   (C) Improvement projects that will result in incidental capacity
increases.
   (D) Additional high-occupancy vehicle lanes or the conversion of
existing lanes to high-occupancy vehicle lanes.
   (E) Projects located outside the boundaries of a public-private
partnership project, to be defined by the lease agreement.
   However, compensation to a leaseholder shall only be made after a
demonstrable reduction in use of the facility resulting in reduced
toll or user fee revenues, and may not exceed the reduction in those
revenues.
   (e) (1) Agreements entered into pursuant to this section shall
authorize the contracting entity to impose tolls and user fees for
use of a facility constructed by it, and shall require that over the
term of the lease the toll revenues and user fees be applied to
payment of the capital outlay costs for the project, the costs
associated with operations, toll and user fee collection,
administration of the facility, reimbursement to the department or
other governmental entity for the costs of services to develop and
maintain the project, police services, and a reasonable return on
investment. The agreement shall require that, notwithstanding
Sections 164, 188, and 188.1, any excess toll or user fee revenue
either be applied to any indebtedness incurred by the contracting
entity with respect to the project, improvements to the project, or
be paid into the State Highway Account, or for all three purposes,
except that any excess toll revenue under a lease agreement with a
regional transportation agency may be paid to the regional
transportation agency for use in improving public transportation in
and near the project boundaries.
   (2) Lease agreements shall establish specific toll or user fee
rates. Any proposed increase in those rates during the term of the
agreement shall first be approved by the department or regional
transportation agency after at least one public hearing conducted at
a location near the proposed or existing facility.
   (3) The collection of tolls and user fees for the use of these
facilities may be extended by the commission or regional
transportation agency at the expiration of the lease agreement.
However, those tolls or user fees may not be used for any purpose
other than for the improvement, continued operation, or maintenance
of the facility.
   (4) Tolls and user fees may not be charged to noncommercial
vehicles with three or fewer axles.
   (f) The plans and specifications for each transportation project
developed, maintained, repaired, rehabilitated, reconstructed, or
operated pursuant to this section shall comply with the department's
standards for state transportation projects. The lease agreement
shall include performance standards, including, but not limited to,
levels of service.  The agreement shall require facilities on the
state highway system to meet all requirements for noise mitigation,
landscaping, pollution control, and safety that otherwise would apply
if the department were designing, building, and operating the
facility. If a facility is on the state highway system, the facility
leased pursuant to this section shall, during the term of the lease,
be deemed to be a part of the state highway system for purposes of
identification, maintenance, enforcement of traffic laws, and for the
purposes of Division 3.6 (commencing with Section 810) of Title 1 of
the Government Code.
   (g) Failure to comply with the lease agreement in any significant
manner shall constitute a default under the agreement and the
department or the regional transportation agency, as appropriate,
shall have the option to initiate processes to revert the facility to
the public agency.
   (h) The assignment authorized by subdivision (c) of Section 130240
of the Public Utilities Code is consistent with this section.
   (i) A lease to a private entity pursuant to this section is deemed
to be public property for a public purpose and exempt from
leasehold, real property, and ad valorem taxation, except for the
use, if any, of that property for ancillary commercial purposes.
   (j) Nothing in this section is intended to infringe on the
authority to develop high-occupancy toll lanes pursuant to Section
149.4, 149.5, or 149.6.
   (k) Nothing in this section shall be construed to allow the
conversion of any existing nontoll or nonuser-fee lanes into tolled
or user fee lanes with the exception of a high-occupancy vehicle lane
that may be operated as a high-occupancy toll lane for vehicles not
otherwise meeting the requirements for use of that lane.
   (l) The lease agreement shall require the lessee to provide any
information or data requested by the California Transportation
Commission or the Legislative Analyst. The commission, in cooperation
with the Legislative Analyst, shall annually prepare a report on the
progress of each project and ultimately on the operation of the
resulting facility.  The report shall include, but not be limited to,
a review of the performance standards, a financial analysis, and any
concerns or recommendations for changes in the future.
   (m) No lease agreements may be entered into under this section on
or after January 1, 2012.



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




144.  The department is authorized to divide or separate any state
highway into separate roadways, wherever there is particular danger
to the traveling public of collision between vehicles proceeding in
opposite directions or from cross traffic, by constructing curbs,
central dividing sections, or other physical separations, or by
signs, marks, or other devices, in or on the roadway appropriate to
designate the dividing line.
   The rules governing operation of vehicles on divided highways are
contained in Section 21651 of the Vehicle Code.



144.5.  No state highway shall be divided as provided in Section 144
in such manner as to prevent traffic on any city street or county
highway which such state highway intersects from crossing such state
highway until after thirty (30) days' notice thereof has been given
by the department to the city council or board of supervisors having
jurisdiction over the street or highway.



145.  The department is authorized to lay out and construct local
service roads on and along any state highway where there is
particular danger to the traveling public of collision due to
vehicles entering the highway from the side thereof and to divide and
separate any service road from the main thoroughfare by raised curbs
or dividing sections or by other appropriate devices.
   It is unlawful for any person to drive any vehicle into the main
thoroughfare from any service road except through an opening in the
dividing curb or dividing section or dividing line.
   Any person who violates any provision of this section is guilty of
a misdemeanor.



146.  Any public agency having responsibility for the planning and
development within a region of this state of public transportation
systems may, with the approval of the commission, use the airspace
over or under any existing state freeway in that region, or any
portion other than the travel roadway of the right-of-way of such
freeway, as a route for a public transportation system, such as a
railway, monorail, tracked air cushion vehicle system or other such
system which, in the discretion of the agency and the department, is
feasible from an engineering standpoint, in conformity with
established safety design standards, and is consistent with good
ecological and environmental planning.  The development and
construction of such facilities shall be financed out of any
available federal, state, and local funds.



146.5.  (a)  The department may construct, maintain, and operate
fringe and transportation corridor parking facilities along the state
highway system when those facilities would reduce motor vehicle
traffic congestion or improve highway safety.  Those facilities may
include child care projects that are part of an overall traffic
reduction plan. For purposes of this code, those facilities are part
of the state highway, and the department shall acquire the
right-of-way necessary for those facilities in accordance with all of
the laws and procedures applicable to other state highway projects.

   (b)  The department may enter into agreements with other public
agencies for the joint financing of fringe and transportation
corridor parking facilities.  The rights and obligations of the
department and other public agencies with respect to those facilities
shall be determined by agreement.
   (c) Fringe and transportation corridor parking facilities
estimated to cost two hundred fifty thousand dollars (0,000) or
more and located in an urbanized area shall be limited to those
facilities included by transportation planning agencies in a regional
transportation improvement program prepared pursuant to Section
14527 of the Government Code.  Not more than two million dollars
(,000,000) of the state funds appropriated by the Legislature each
year for state highway construction may be used for the purpose of
constructing those facilities.  In addition, for projects estimated
to cost thirty thousand dollars (,000) or more, the state funds
may be used only to match federal or local funds, or both.
   (d) It is the intent of the Legislature to allow the department to
make available space in underutilized park and ride lots for child
care purposes when linked to an overall traffic reduction plan.  It
is not the intent of the Legislature for the department to enter into
the operation of those child care projects.



147.  The director shall, without supplanting any other program
required to be administered by the department or redirecting funds
allocated to other programs, restart program efforts in District 7 of
the department to develop and implement additional shared use
agreements for public use of private parking lots as park and ride
facilities.  These shared use agreements shall be developed and
implemented to complement and facilitate ridership on existing and
planned transit routes in District 7, including, but not limited to,
the Los Angeles County Metropolitan Transportation Authority's Metro
Rapid Bus route along Ventura Boulevard and the proposed East-West
Busway in the San Fernando Valley, for the purpose of reducing
congestion on state highways.  The department shall not enter into
any shared use agreement that would result in costs to the department
over the life of the agreement.



148.  The department may construct and maintain transit related
highway facilities along the state highway system.  Those facilities
may include, but are not  limited to, bus turn-outs, passenger
loading areas, passenger benches and shelters, and special traffic
control devices.  For purposes of this code, those facilities are
part of the state highway.
   Facilities estimated to cost two hundred fifty thousand dollars
(0,000) or more and located in an urbanized area shall be limited
to those facilities included by transportation planning agencies in a
regional transportation improvement program prepared pursuant to
Section 14527 of the Government Code. Not more than one million
dollars (,000,000) of the state funds appropriated by the
Legislature each year for state highway construction may be used for
the purpose of constructing those facilities.  In addition, for
projects estimated to cost thirty thousand dollars (,000) or more,
the state funds may be used only to match federal or local funds, or
both.


149.  The department may construct exclusive or preferential lanes
for buses only or for buses and other high-occupancy vehicles, and
may authorize or permit such exclusive or preferential use of
designated lanes on existing highways that are part of the State
Highway System.  Prior to constructing such lanes, the department
shall conduct competent engineering estimates of the effect of such
lanes on safety, congestion, and highway capacity.
   To the extent they are available, the department may apply for and
use federal aid funds appropriated for the design, construction, and
use of such exclusive or preferential lanes, but may also use other
State Highway Account funds, including other federal aid funds, for
those purposes where proper and desirable.
   This section shall be known and may be cited as the Carrell Act.



149.1.  (a) Notwithstanding Sections 149 and 30800 of this code, and
Section 21655.5 of the Vehicle Code, the San Diego Association of
Governments (SANDAG) may conduct, administer, and operate a value
pricing and transit development program on the Interstate Highway
Route 15 (I-15) high-occupancy vehicle expressway.  The program,
under the circumstances described in subdivision (b), may direct and
authorize the entry and use of the I-15 high-occupancy vehicle lanes
by single-occupant vehicles during peak periods, as defined by
SANDAG, for a fee.  The amount of the fee shall be established from
time to time by SANDAG, and collected in a manner determined by
SANDAG.
   (b) Implementation of the program shall ensure that Level of
Service  C, as measured by the most recent issue of the Highway
Capacity Manual, as adopted by the Transportation Research Board, is
maintained at all times in the high-occupancy vehicle lanes, except
that subject to a written agreement between the department and SANDAG
that is based on operating conditions of the high-occupancy vehicle
lanes, Level of Service D shall be permitted on the high-occupancy
vehicle lanes.  If Level of Service D is permitted, the department
and SANDAG shall evaluate the impacts of these levels of service of
the high-occupancy vehicle lanes, and indicate any effects on the
mixed-flow lanes.  Continuance of Level of Service D operating
conditions shall be subject to the written agreement between the
department and SANDAG.  Unrestricted access to the lanes by
high-occupancy vehicles shall be available at all times.  At least
annually, the department shall audit the level of service during peak
traffic hours and report the results of that audit at meetings of
the program management team.
   (c) Single-occupant vehicles that are certified or authorized by
SANDAG for entry into, and use of, the I-15 high-occupancy vehicle
lanes are exempt from Section 21655.5 of the Vehicle Code, and the
driver shall not be in violation of the Vehicle Code because of that
entry and use.
   (d) SANDAG shall carry out the program in cooperation with the
department, and shall consult the department in the operation of the
project and on matters related to highway design and construction.
With the assistance of the department, SANDAG shall establish
appropriate traffic flow guidelines for the purpose of ensuring
optimal use of the express lanes by high-occupancy vehicles.
   (e) (1) Agreements between SANDAG, the department, and the
Department of the California Highway Patrol shall identify the
respective obligations and liabilities of those entities and assign
them responsibilities relating to the program.  The agreements
entered into pursuant to this section shall be consistent with
agreements between the department and the United States Department of
Transportation relating to this program and shall include clear and
concise procedures for enforcement by the Department of the
California Highway Patrol of laws prohibiting the unauthorized use of
the high-occupancy vehicle lanes.  The agreements shall provide for
reimbursement of state agencies, from revenues generated by the
program, federal funds specifically allocated to SANDAG for the
program by the federal government, or other funding sources that are
not otherwise available to state agencies for transportation-related
projects, for costs incurred in connection with the implementation or
operation of the program. Reimbursement for SANDAG's program-related
planning and administrative costs in the operation of the program
shall not exceed 3 percent of the revenues.
   (2) All remaining revenue shall be used in the I-15 corridor
exclusively for (A) the improvement of transit service, including,
but not limited to, support for transit operations, and (B)
high-occupancy vehicle facilities and shall not be used for any other
purpose.
   (f) SANDAG, the San Diego Metropolitan Transit Development Board,
and the department shall cooperatively develop a single transit
capital improvement plan for the I-15 corridor.



149.3.  The department may undertake the construction of exclusive
or preferential lane facilities pursuant to a cooperative agreement
with any public or private agency that provides mass transit
services.  Such cooperative agreement shall establish such geometric
design standards, scheduling, reservations, restrictions, and
conditions as the department deems necessary or desirable.
Provisions may also be made for electrification or use of other power
sources under such terms and conditions as the department deems
necessary to accomplish the objectives of this section.
Additionally, any such agreement shall provide for the payment of
compensation where required by other provisions of law or where
otherwise deemed appropriate.



149.4.  (a) (1) Notwithstanding Sections 149 and 30800 of this code,
and Section 21655.5 of the Vehicle Code, the San Diego Association
of Governments (SANDAG) may conduct, administer, and operate a value
pricing and transit development demonstration program on a maximum of
two transportation corridors in San Diego County.
   (2) The program, under the circumstances described in subdivision
(b), may direct and authorize the entry and use of high-occupancy
vehicle lanes in corridors identified in paragraph (1) by
single-occupant vehicles during peak periods, as defined by SANDAG,
for a fee. The amount of the fee shall be established from time to
time by SANDAG, and collected in a manner determined by SANDAG. A
high-occupancy vehicle lane may only be operated as a high-occupancy
toll (HOT) lane during the hours that the lane is otherwise
restricted to use by high-occupancy vehicles.
   (b) Implementation of the program shall ensure that Level of
Service C, as measured by the most recent issue of the Highway
Capacity Manual, as adopted by the Transportation Research Board, is
maintained at all times in the high-occupancy vehicle lanes, except
that subject to a written agreement between the department and SANDAG
that is based on operating conditions of the high-occupancy vehicle
lanes, Level of Service D shall be permitted on the high-occupancy
vehicle lanes. If Level of Service D is permitted, the department and
SANDAG shall evaluate the impacts of these levels of service of the
high-occupancy vehicle lanes, and indicate any effects on the
mixed-flow lanes. Continuance of Level of Service D operating
conditions shall be subject to the written agreement between the
department and SANDAG. Unrestricted access to the lanes by
high-occupancy vehicles shall be available at all times. At least
annually, the department shall audit the level of service during peak
traffic hours and report the results of that audit at meetings of
the program management team.
   (c) Single-occupant vehicles that are certified or authorized by
SANDAG for entry into, and use of, the high-occupancy vehicle lanes
identified in paragraph (1) of subdivision (a) are exempt from
Section 21655.5 of the Vehicle Code, and the driver shall not be in
violation of the Vehicle Code because of that entry and use.
   (d) SANDAG shall carry out the program in cooperation with the
department pursuant to a cooperative agreement that addresses all
matters related to design, construction, maintenance, and operation
of state highway system facilities in connection with the value
pricing and transit development demonstration program. With the
assistance of the department, SANDAG shall establish appropriate
traffic flow guidelines for the purpose of ensuring optimal use of
the express lanes by high-occupancy vehicles without adversely
affecting other traffic on the state highway system.
   (e) (1) Agreements between SANDAG, the department, and the
Department of the California Highway Patrol shall identify the
respective obligations and liabilities of those entities and assign
them responsibilities relating to the program. The agreements entered
into pursuant to this section shall be consistent with agreements
between the department and the United States Department of
Transportation relating to this program and shall include clear and
concise procedures for enforcement by the Department of the
California Highway Patrol of laws prohibiting the unauthorized use of
the high-occupancy vehicle lanes. The agreements shall provide for
reimbursement of state agencies, from revenues generated by the
program, federal funds specifically allocated to SANDAG for the
program by the federal government, or other funding sources that are
not otherwise available to state agencies for transportation-related
projects, for costs incurred in connection with the implementation or
operation of the program.
   (2) The revenue generated from the program shall be available to
SANDAG for the direct expenses related to the operation (including
collection and enforcement), maintenance, and administration of the
demonstration program. Administrative expenses shall not exceed 3
percent of the revenues.
   (3) All remaining revenue generated by the demonstration program
shall be used in the corridor from which the revenue was generated
exclusively for preconstruction, construction, and other related
costs of high-occupancy vehicle facilities and the improvement of
transit service, including, but not limited to, support for transit
operations pursuant to an expenditure plan adopted by SANDAG.
   (f) (1) SANDAG may issue bonds at any time to finance any costs
necessary to implement the value pricing program established pursuant
to subdivision (a) and any expenditures as may be provided for in
the expenditure plan adopted pursuant to paragraph (3) of subdivision
(e), payable from the revenues generated from the program.
   (2) The maximum bonded indebtedness that may be outstanding at any
one time shall not exceed an amount that may be serviced from the
estimated revenues generated from the program.
   (3) The bonds shall bear interest at a rate or rates not exceeding
the maximum allowable by law, payable at intervals determined by
SANDAG.
   (4) Any bond issued pursuant to this subdivision shall contain on
its face a statement to the following effect:  "Neither the full
faith and credit nor the taxing power of the State of California is
pledged to the payment of principal of, as the interest of this bond."

   (5) Bonds shall be issued pursuant to a resolution of SANDAG
adopted by a two-thirds vote of its governing board. The resolution
shall state all of the following:
   (A) The purposes for which the proposed debt is to be incurred.
   (B) The estimated cost of accomplishing those purposes.
   (C) The amount of the principal of the indebtedness.
   (D) The maximum term of the bonds and the interest rate.
   (E) The denomination or denominations of the bonds, which shall
not be less than five thousand dollars (,000).
   (F) The form of the bonds.
   (g) Not later than three years after SANDAG first collects
revenues from any of the projects described in paragraph (1) of
subdivision (a), SANDAG shall submit a report to the Legislature on
its findings, conclusions, and recommendations concerning the
demonstration program authorized by this section. The report shall
include an analysis of the effect of the HOT lanes on the adjacent
mixed-flow lanes and any comments submitted by the department and the
Department of the California Highway Patrol regarding operation of
the lane.



149.5.  (a) (1) Notwithstanding Sections 149 and 30800 of this code,
and Section 21655.5 of the Vehicle Code, the Sunol Smart Carpool
Lane Joint Powers Authority (SSCLJPA), consisting of the Alameda
County Congestion Management Agency, Alameda County Transportation
Improvement Authority, and the Santa Clara Valley Transportation
Authority, may conduct, administer, and operate a value pricing
high-occupancy vehicle program on the Sunol Grade segment of State
Highway Route 680 (Interstate 680) in Alameda and Santa Clara
Counties and the Alameda County Congestion Management Agency may
conduct, administer, and operate a program on a corridor within
Alameda County for a maximum of two transportation corridors in
Alameda County pursuant to this section in coordination with the
Metropolitan Transportation Commission and consistent with Section
21655.6 of the Vehicle Code.
   (2) The program, under the circumstances described in subdivision
(b), may direct and authorize the entry and use of the high-occupancy
vehicle lanes in the corridors identified in paragraph (1) by
single-occupant vehicles for a fee. The fee structure for each
corridor shall be established from time to time by the administering
agency. A high-occupancy vehicle lane may only be operated as a
high-occupancy toll (HOT) lane during the hours that the lane is
otherwise restricted to use by high-occupancy vehicles.
   (3) The administering agency for each corridor shall enter into a
cooperative agreement with the Bay Area Toll Authority to operate and
manage the electronic toll collection system.
   (b) Implementation of the program shall ensure that Level of
Service C, as measured by the most recent issue of the Highway
Capacity Manual, as adopted by the Transportation Research Board, is
maintained at all times in the high-occupancy vehicle lanes, except
that subject to a written agreement between the department and the
administering agency that is based on operating conditions of the
high-occupancy vehicle lanes, Level of Service D shall be permitted
on the high-occupancy vehicle lanes. If Level of Service D is
permitted, the department and the administering agency shall evaluate
the impacts of these levels of service on the high-occupancy vehicle
lanes, and indicate any effects on the mixed-flow lanes. Continuance
of Level of Service D operating conditions shall be subject to the
written agreement between the department and the administering
agency. Unrestricted access to the lanes by high-occupancy vehicles
shall be available at all times. At least annually, the department
shall audit the level of service during peak traffic hours and report
the results of that audit at meetings of the administering agency.
   (c) Single-occupant vehicles that are certified or authorized by
the administering agency for entry into, and use of, the
high-occupancy vehicle lanes identified in paragraph (1) of
subdivision (a) are exempt from Section 21655.5 of the Vehicle Code,
and the driver shall not be in violation of the Vehicle Code because
of that entry and use.
   (d) The administering agency shall carry out the program in
cooperation with the department pursuant to a cooperative agreement
that addresses all matters related to design, construction,
maintenance, and operation of state highway system facilities in
connection with the value pricing high-occupancy vehicle program.
With the assistance of the department, the administering agency shall
establish appropriate traffic flow guidelines for the purpose of
ensuring optimal use of the high-occupancy toll lanes by
high-occupancy vehicles without adversely affecting other traffic on
the state highway system.
   (e) (1) Agreements between the administering agency, the
department, and the Department of the California Highway Patrol shall
identify the respective obligations and liabilities of those
entities and assign them responsibilities relating to the program.
The agreements entered into pursuant to this section shall be
consistent with agreements between the department and the United
States Department of Transportation relating to programs of this
nature. The agreements shall include clear and concise procedures for
enforcement by the Department of the California Highway Patrol of
laws prohibiting the unauthorized use of the high-occupancy vehicle
lanes, which may include the use of video enforcement. The agreements
shall provide for reimbursement of state agencies, from revenues
generated by the program, or other funding sources that are not
otherwise available to state agencies for transportation-related
projects, for costs incurred in connection with the implementation or
operation of the program.
   (2) The revenue generated from the program shall be available to
the administering agency for the direct expenses related to the
operation (including collection and enforcement), maintenance,
construction, and administration of the program. Administrative
expenses shall not exceed 3 percent of the revenues.
   (3) All net revenue generated by the program that remains after
payment of direct expenses pursuant to paragraph (2) shall be
allocated pursuant to an expenditure plan adopted biennially by the
administering agency for transportation purposes within the program
area. The expenditure plan may include funding for the following:
   (A) The construction of high-occupancy vehicle facilities,
including the design, preconstruction, construction, and other
related costs of the northbound Interstate 680 Sunol Smart Carpool
Lane project.
   (B) Transit capital and operations that directly serve the
authorized corridors.
   (f) (1) The administering agency may issue bonds, refunding bonds,
or bond anticipation notes, at any time to finance construction and
construction-related expenditures of programs adopted pursuant to
subdivision (a) and construction and construction-related
expenditures that are included in the expenditure plan adopted
pursuant to paragraph (3) of subdivision (e), payable solely from the
revenues generated from the respective programs.
   (2) The maximum bonded indebtedness that may be outstanding at any
one time shall be an amount equal to the sum of the principal of,
and interest on, the bonds, but not to exceed the estimated revenues
generated from the respective programs.
   (3) Bonds shall be issued pursuant to a resolution adopted by a
two-thirds vote of the governing board of the administering agency.
The resolution shall state all of the following:
   (A) The purposes for which the proposed debt is to be incurred.
   (B) The estimated cost of accomplishing those purposes.
   (C) The amount of the principal of the indebtedness.
   (D) The maximum term the bonds proposed to be issued shall run
before maturity.
   (E) The maximum rate of interest to be paid, which shall not
exceed the maximum allowable by law.
   (F) The denomination or denominations of the bonds, which shall
not be less than five thousand dollars (,000).
   (G) The form of the bonds, including, without limitation,
registered bonds and coupon bonds, to the extent permitted by federal
law, the registration, conversion, and exchange privileges, if any
pertaining thereto, and the time when all of, or any part of, the
principal becomes due and payable.
   (H) Any other matters authorized by law.
   (4) The bonds shall bear interest at a rate or rates not exceeding
the maximum allowable by law, payable at intervals determined by the
administering agency.
   (5) The full amount of bonds may be divided into two or more
series and different dates of payment fixed for the bonds of each
series. A bond shall not be required to mature on its anniversary
date.
   (6) Any bond issued pursuant to this subdivision shall contain on
its face a statement to the following effect:

   "Neither the full faith and credit nor the taxing power of the
State of California is pledged to the payment of principal of, or the
interest on, this bond."

   (g) Not later than three years after the administering agency
first collects revenues from the program authorized by this section,
the administering agency shall submit a report to the Legislature on
its findings, conclusions, and recommendations concerning the
demonstration program authorized by this section. The report shall
include an analysis of the effect of the HOT lanes on the adjacent
mixed-flow lanes and any comments submitted by the department and the
Department of the California Highway Patrol regarding operation of
the lane.


149.6.  (a) Notwithstanding Sections 149 and 30800, and Section
21655.5 of the Vehicle Code, the Santa Clara Valley Transportation
Authority (VTA) created by Part 12 (commencing with Section 100000)
of the Public Utilities Code may conduct, administer, and operate a
value pricing program on any two of the transportation corridors
included in the high-occupancy vehicle lane system in Santa Clara
County in coordination with the Metropolitan Transportation
Commission and consistent with Section 21655.6 of the Vehicle Code.
   (1) VTA, under the circumstances described in subdivision (b), may
direct and authorize the entry and use of those high-occupancy
vehicle lanes by single-occupant vehicles for a fee. The fee
structure shall be established from time to time by the authority. A
high-occupancy vehicle lane may only be operated as a high-occupancy
toll (HOT) lane during the hours that the lane is otherwise
restricted to use by high-occupancy vehicles.
   (2) VTA shall enter into a cooperative agreement with the Bay Area
Toll Authority to operate and manage the electronic toll collection
system.
   (b) Implementation of the program shall ensure that Level of
Service C, as measured by the most recent issue of the Highway
Capacity Manual, as adopted by the Transportation Research Board, is
maintained at all times in the high-occupancy vehicle lanes, except
that subject to a written agreement between the department and VTA
that is based on operating conditions of the high-occupancy vehicle
lanes, Level of Service D shall be permitted on the high-occupancy
vehicle lanes. If Level of Service D is permitted, the department and
VTA shall evaluate the impacts of these levels of service on the
high-occupancy vehicle lanes, and indicate any effects on the
mixed-flow lanes. Continuance of Level of Service D operating
conditions shall be subject to the written agreement between the
department and VTA. Unrestricted access to the lanes by
high-occupancy vehicles shall be available at all times. At least
annually, the department shall audit the level of service during peak
traffic hours and report the results of that audit at meetings of
the program management team.
   (c) Single-occupant vehicles that are certified or authorized by
the authority for entry into, and use of, the high-occupancy vehicle
lanes in Santa Clara County are exempt from Section 21655.5 of the
Vehicle Code, and the driver shall not be in violation of the Vehicle
Code because of that entry and use.
   (d) VTA shall carry out the program in cooperation with the
department pursuant to a cooperative agreement that addresses all
matters related to design, construction, maintenance, and operation
of state highway system facilities in connection with the value
pricing program.  With the assistance of the department, VTA shall
establish appropriate traffic flow guidelines for the purpose of
ensuring optimal use of the high-occupancy toll lanes by
high-occupancy vehicles without adversely affecting other traffic on
the state highway system.
   (e) (1) Agreements between VTA, the department, and the Department
of the California Highway Patrol shall identify the respective
obligations and liabilities of those entities and assign them
responsibilities relating to the program. The agreements entered into
pursuant to this section shall be consistent with agreements between
the department and the United States Department of Transportation
relating to this program. The agreements shall include clear and
concise procedures for enforcement by the Department of the
California Highway Patrol of laws prohibiting the unauthorized use of
the high-occupancy vehicle lanes, which may include the use of video
enforcement. The agreements shall provide for reimbursement of state
agencies, from revenues generated by the program, federal funds
specifically allocated to the authority for the program by the
federal government, or other funding sources that are not otherwise
available to state agencies for transportation-related projects, for
costs incurred in connection with the implementation or operation of
the program.
   (2) The revenues generated by the program shall be available to
VTA for the direct expenses related to the operation (including
collection and enforcement), maintenance, construction, and
administration of the program. The VTA's administrative costs in the
operation of the program shall not exceed 3 percent of the revenues.

   (3) All remaining revenue generated by the program shall be used
in the corridor from which the revenues were generated exclusively
for the preconstruction, construction, and other related costs of
high-occupancy vehicle facilities and the improvement of transit
service, including, but not limited to, support for transit
operations pursuant to an expenditure plan adopted by the VTA.
   (f) (1) The VTA may issue bonds, refunding bonds, or bond
anticipation notes, at any time to finance construction and
construction-related expenditures necessary to implement the value
pricing program established pursuant to subdivision (a) and
construction and construction-related expenditures that are provided
for in the expenditure plan adopted pursuant to paragraph (3) of
subdivision (e), payable from the revenues generated from the
program.
   (2) The maximum bonded indebtedness that may be outstanding at any
one time shall not exceed an amount that may be serviced from the
estimated revenues generated from the program.
   (3) The bonds shall bear interest at a rate or rates not exceeding
the maximum allowable by law, payable at intervals determined by the
authority.
   (4) Any bond issued pursuant to this subdivision shall contain on
its face a statement to the following effect:
"Neither the full faith and credit nor the taxing power of the State
of California is pledged to the payment of principal of, or the
interest on, this bond."

   (5) Bonds shall be issued pursuant to a resolution of VTA adopted
by a two-thirds vote of its governing board. The resolution shall
state all of the following:
   (A) The purposes for which the proposed debt is to be incurred.
   (B) The estimated cost of accomplishing those purposes.
   (C) The amount of the principal of the indebtedness.
   (D) The maximum term of the bonds and the interest rate.
   (E) The denomination or denominations of the bonds, which shall
not be less than five thousand dollars (,000).
   (F) The form of the bonds, including, without limitation,
registered bonds and coupon bonds, to the extent permitted by federal
law, the registration, conversion, and exchange privileges, if
applicable, and the time when all of, or any part of, the principal
becomes due and payable.
   (G) Any other matters authorized by law.
   (6) The full amount of bonds may be divided into two or more
series and different dates of payment fixed for the bonds of each
series. A bond shall not be required to mature on its anniversary
date.
   (g) Not later than three years after VTA first collects revenues
from any of the projects described in paragraph (1) of subdivision
(a), VTA shall submit a report to the Legislature on its findings,
conclusions, and recommendations concerning the demonstration program
authorized by this section. The report shall include an analysis of
the effect of the HOT lanes on adjacent mixed-flow lanes and any
comments submitted by the department and the Department of the
California Highway Patrol regarding operation of the lanes.




149.7.  (a) A regional transportation agency, as defined in Section
143, in cooperation with the department, may apply to the commission
to develop and operate high-occupancy toll lanes, including the
administration and operation of a value pricing program and exclusive
or preferential lane facilities for public transit, consistent with
the established standards, requirements, and limitations that apply
to those facilities in Sections 149, 149.1, 149.3, 149.4, 149.5, and
149.6.
   (b) The commission shall review each application for the
development and operation of the facilities described in subdivision
(a) according to eligibility criteria established by the commission.
For each eligible application, the commission shall conduct at least
one public hearing in northern California and one in southern
California.
   (c) Following public hearings, the commission shall submit an
eligible application and any public comments made during the hearings
to the Legislature for approval or rejection. Approval shall be
achieved by the enactment of a statute. The number of facilities
approved under this section shall not exceed four, two in northern
California and two in southern California.
   (d) A regional transportation agency that develops or operates a
facility, or facilities, described in subdivision (a) shall provide
any information or data requested by the commission or the
Legislative Analyst. The commission, in cooperation with the
Legislative Analyst, shall annually prepare a report on the progress
of the development and operation of a facility authorized under this
section. The commission may submit this report as a section in its
annual report to the Legislature required pursuant to Section 14535
of the Government Code.
   (e) No applications may be approved under this section on or after
January 1, 2012.



150.  When the department, in cooperation with rapid transit
districts, recommends that mass public transportation facilities
should be located along a proposed freeway corridor in order to
establish a planned balanced transportation system, the commission
shall consider this recommendation in making its decision as to the
location of the freeway.
   If the commission determines that the location of mass public
transportation facilities should be located along the proposed
freeway corridor, it may also direct the department to plan, design,
and construct the freeway so as to provide locations for those
facilities, and the cost thereof shall be considered as part of the
cost of constructing the state highway.  In making this
determination, the commission shall consider the extent to which the
mass public transportation facilities will reduce the volume of
traffic on the proposed freeway and the impact the joint development
will have on community values.  The commission shall also consider
whether the rapid transit district has adopted a general plan for the
development of its mass public transportation facilities and the
likelihood as to whether sufficient funds will be available for the
development of mass public transportation service in those locations.
  The commission shall authorize the department to provide those
locations along federal-aid highways only in instances in which it
has received assurances of full federal financial participation in
the cost of providing those locations.
   If mass public transportation facilities other than roadways and
other facilities for use of buses are to be constructed and placed in
use in those locations, the department may enter into agreements for
the sale of the locations to transit districts for that use at a
price equal to the market value of the property at the time of sale.
If mass public transportation facilities are not placed in use in
the locations provided within five years of completion of the
freeway, the department may develop those locations for freeway
purposes, or it may lease or otherwise dispose of the locations in
accordance with the provisions of this code.
   The department may, in cooperation with rapid transit districts,
develop exclusive or preferential bus lanes in those locations in
accordance with Section 149.



151.  The department may make such regulations as may be required in
the interests of public safety governing the use of any express
highway or additional facilities constructed as provided in this
article for the purpose of loading or unloading of passengers.
   Nothing in this article or in this section shall be construed to
authorize the operation of any vehicle in violation of any provision
of the Vehicle Code or to deprive the Public Utilities Commission of
any authority now or hereafter vested in it to regulate public motor
carriers of passengers.



152.  The department may permit the placing of, and cooperate in the
planning for, emergency water hydrants on or adjacent to state
freeway rights-of-way wherever a public water system is available.
The placing and maintenance of the hydrants shall be the
responsibility of local agencies.



153.  The department may place and maintain or cooperate with local
agencies or others in the placing and maintenance of emergency
telephones or other communication facilities on or adjacent to state
freeway rights-of-way.


154.  The department shall encourage the construction and
development by counties of portions of the county highways as
official county scenic highways and may furnish to the counties any
information or other assistance which will aid the counties in the
construction or development of such scenic highways.
   Whenever the department determines that any county highway meets
the minimum standards prescribed by the department for official
scenic highways, including the concept of the "complete highway," as
described in Section 261, it may authorize the county in which the
highway is located to designate the highway as an official county
scenic highway and the department shall so indicate the highway in
publications of the department and in any maps which are prepared by
the department for distribution to the public which show the highway.

   If the department determines that any county highway which has
been designated as an official county scenic highway no longer meets
the minimum standards prescribed by the department for official
scenic highways, it may, after notice to the county and a hearing on
the matter, if requested by the county, revoke the authority of the
county to designate the highway as an official county scenic highway.



154.1.  (a) Notwithstanding Section 154 or any other provision of
law and subject to subdivision (b), if the department determines that
the County of Los Angeles is in compliance with the standards
developed and established pursuant to Section 261 as to the Malibu
Canyon-Las Virgenes Highway (N1), from Route 1 to Lost Hills Road in
Los Angeles County, the department shall designate that portion of
that county highway a county scenic highway.
   (b) A designation pursuant to subdivision (a) may only be made by
the department if the County of Los Angeles applies for the
designation, and includes in its application a formally adopted
resolution acknowledging its desire to designate that portion of the
county highway a county scenic highway.



155.  The department may accept any gift of money or property from
any person or group for the purpose of acquiring property for, and
establishing and maintaining as a memorial to any person or group, a
place adjacent to any state highway in the state scenic highway
system established by Article 2.5 (commencing with Section 260) of
Chapter 2, Division 1, at a point of special scenic, historical, or
cultural interest, where motorists may stop to appreciate and enjoy
the point of interest.
   Any money which is received by the department pursuant to this
section shall be deposited in the Special Interest Stopping Place
Fund, which fund is hereby created in the State Treasury.  Any money
in the fund is continuously appropriated to the department without
regard to fiscal years to carry out the purposes for which the money
was received by the department.
   The department shall, unless otherwise requested by the person or
group from whom money or property is received for a stopping place,
establish and maintain appropriate signs at the stopping places which
indicate the name of the person or group in whose honor the place
was established.
   The right of eminent domain shall not be exercised by the
department to acquire property, or any interest in property, pursuant
to this section and the department may not acquire any real property
for the purposes of this section unless the board of supervisors of
the county in which such real property is located consents to such
acquisition.


155.5.  The commission, to the extent constitutionally permitted and
if it determines that such actions constitute a highway purpose, may
allocate funds from the State Highway Account to match on an equal
basis the value of any gifts offered and accepted by the department
for deposit in the Special Interest Stopping Place Fund and may in
such cases, if appropriate, further allocate funds from the State
Highway Account for the maintenance of property acquired pursuant to
such gifts.
   The amount matched for each gift shall be used in conjunction with
the gift for the purpose for which the gift was accepted.



155.6.  Unless prohibited by federal laws or rules and regulations,
the department may authorize the installation of coin-operated
binocular or telescopic viewing machines at the vista point on the
north end of the Golden Gate Bridge.
   Any money received by the state for authorizing the placement of
these viewing machines shall be transferred by the department to the
State Highway Account.