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State
California
SHC Sec 70-86 California Transportation Commission

STREETS AND HIGHWAYS CODE
SECTION 70-86





70. (a) The California Highway Commission is hereby abolished, and
the California Transportation Commission succeeds to, and is vested
with, all the duties, powers, purposes, responsibilities, and
jurisdiction of the California Highway Commission.
(b) Any reference in any law or regulation to the California
Highway Commission shall be deemed to refer to the California
Transportation Commission.
(c) The California Transportation Commission shall have the
possession and control of all licenses, permits, leases, agreements,
contracts, orders, claims, judgments, records, papers, equipment,
supplies, bonds, moneys, funds, appropriations, buildings, land and
other property, real or personal, held for the benefit, use, or
obligation of the California Highway Commission.



70.2. It is hereby declared to be the policy of the Legislature to
provide for advance planning and continuity of fiscal policy in the
construction and improvement of the state highway system and in the
administration of the expenditures from the State Highway Account.
The commission shall follow such policy in so far as possible.




71. The commission may alter or change the location of any State
highway if in the opinion of the commission such alteration or change
is for the best interest of the State.



72. (a) The department shall do all of the following with respect
to Route 480 in the City and County of San Francisco, commonly known
as the Embarcadero Freeway, if approval for the use of federal
emergency relief funds for that purpose is received from the
appropriate federal agency:
(1) Remove the earthquake-damaged structure as quickly as
possible.
(2) Retain that portion of the right-of-way that is necessary for
new ramps and transfer to the City and County of San Francisco the
remaining portions of the Route 480 right-of-way.
(3) Jointly agree with the City and County of San Francisco on a
system of ramps and city streets that would essentially provide
motorists with accessibility comparable to that provided by Route
480.
(b) The City and County of San Francisco shall do both of the
following:
(1) Construct the system of ramps and city streets and utilize the
Route 480 right-of-way or the proceeds from sales of that
right-of-way for the sole purpose of constructing an alternate system
of local streets pursuant to paragraph (3) of subdivision (a).
(2) Upon the transfer of that right-of-way pursuant to this
section, accept all obligations and liabilities associated with that
right-of-way.
(c) The total amount of state and federal funds to be expended by
the state for the purposes of this section shall not exceed the
amount of state and federal funds which would have been expended to
repair and reopen the segment to traffic as a state highway.
(d) Nothing in this section or Section 253.8 shall be construed to
prohibit the selection, development, and operation of a project
pursuant to Section 143.


72.1. (a) For purposes of this section, the following terms have
the following meanings:
(1) "Central Freeway Replacement Project" is the department and
city designated alternative transportation system to the damaged
Central Freeway.
(2) "City" is the City and County of San Francisco.
(3) "Freeway Project" includes demolition of the existing commonly
known Central Freeway, construction of a new freeway between Mission
Street and Market Street, and construction of ramps to, and from,
the new freeway.
(4) "Octavia Street Project" is the improvement of Octavia Street
from Market Street north as a ground level boulevard.
(b) The Legislature finds and declares all of the following:
(1) That portion of Route 101 located in the city and commonly
known as the Central Freeway was severely damaged in the 1989 Loma
Prieta earthquake. This damage to the Central Freeway caused and
continues to cause significant traffic congestion.
(2) Following the Loma Prieta earthquake, the department and the
city, with substantial public involvement, selected the Central
Freeway Replacement Project as an alternative transportation system
to the damaged Central Freeway. The Central Freeway Replacement
Project includes the Freeway Project consisting of the demolition of
the existing Central Freeway, construction of a new freeway between
Mission Street and Market Street, and the construction of ramps to,
and from, the new freeway, and the Octavia Street Project, consisting
of improvement of Octavia Street from Market Street north as a
ground level boulevard. The Central Freeway Replacement Project will
remediate traffic congestion problems and allow the city to reclaim
unnecessary rights-of-way for beneficial public uses.
(3) The implementation of an alternative transportation system is
in the best interests of the people of the State of California.
(4) No portions of Route 101 north of Fell Street and south of
Turk Street are needed for the Central Freeway Replacement Project or
for the proposed alternative project to be placed before the voters
as Proposition J in the general municipal election of November 1999.

(c) (1) The Legislature recognizes that the Central Freeway
Replacement Project adopted by the city's voters, as local measure
Proposition E in November 1998 qualifies for the statutory exemption
under Section 180.2.
(2) The Legislature further recognizes that the proposed
alternative project included in Proposition J also qualifies for the
statutory exemption under Section 180.2.
(3) Notwithstanding paragraph (1), any development of property
transferred to the city pursuant to this section may, to the extent
required by applicable law, require subsequent environmental analysis
by the city at the time at which the specific proposals for the use
of that property are developed.
(d) That portion of Route 101 between Market Street and Turk
Street is not a state highway, except that if the proposed
alternative to the Octavia Street Project is approved by the voters
in the general municipal election of November 1999, only that portion
of Route 101 between Fell Street and Turk Street is not a state
highway.
(e) The department shall retain jurisdiction over the portion of
Route 101 that is between Mission Street and either Market Street or
Fell Street, depending on which project is approved by the voters in
the general municipal election of November 1999, and shall promptly
transfer to the city any portion of Route 101 that is not a state
highway under subdivision (d).
(f) The following shall apply if the voters do not approve the
alternative project in the general municipal election of November
1999:
(1) The city shall utilize any proceeds from the disposition or
use of excess rights-of-way for the purpose of designing,
constructing, developing, and maintaining the Octavia Street Project
until the city's share of the costs of that project are paid in full
or funded from other sources. Upon the full funding of the city's
share of the Octavia Street Project, the city shall utilize any
remaining proceeds from the sale of excess rights-of-way solely for
the transportation and related purposes authorized under Article XIX
of the California Constitution.
(2) Upon notification to the department by the San Francisco
County Transportation Authority that the city is prepared to
implement an interim traffic management plan, the department shall
proceed expeditiously with demolition of the portion of Route 101
between Fell and Mission Streets. The department shall design and
construct the Freeway Project, and the city shall design and
construct the Octavia Street Project, and each project shall be
consistent with the Central Freeway Replacement Project.



73. The commission shall relinquish to any county or city any
portion of any state highway within the county or city that has been
deleted from the state highway system by legislative enactment, and
the relinquishment shall become effective upon the first day of the
next calendar or fiscal year, whichever first occurs after the
effective date of the legislative enactment. It may likewise
relinquish any portion of any state highway that has been superseded
by relocation. Whenever the department and the county or city
concerned have entered into an agreement providing therefor, or the
legislative body of the county or city has adopted a resolution
consenting thereto, the commission may relinquish, to that county or
city, any frontage or service road or outer highway, within the
territorial limits of the county or city, which has a right-of-way of
at least 40 feet in width and which has been constructed as a part
of a state highway project, but does not constitute a part of the
main traveled roadway thereof. The commission may also relinquish,
to a county or city within whose territorial limits it is located,
any nonmotorized transportation facility, as defined in Section 887,
constructed as part of a state highway project if the county or
city, as the case may be, has entered into an agreement providing
therefor or its legislative body has adopted a resolution consenting
thereto.
Relinquishment shall be by resolution. A certified copy of the
resolution shall be filed with the board of supervisors or the city
clerk, as the case may be. A certified copy of the resolution shall
also be recorded in the office of the recorder of the county where
the land is located and, upon its recordation, all right, title, and
interest of the state in and to that portion of any state highway
shall vest in the county or city, as the case may be, and that
highway or portion thereof shall thereupon constitute a county road
or city street, as the case may be.
The vesting of all right, title, and interest of the state in and
to portions of any state highways heretofore relinquished by the
commission, in the county or city to which it was relinquished, is
hereby confirmed.
Prior to relinquishing any portion of a state highway to a county
or a city, except where required by legislative enactment, the
department shall give 90 days' notice in writing of intention to
relinquish to the board of supervisors, or the city council, as the
case may be. Where the resolution of relinquishment contains a
recital as to the giving of the notice, adoption of the resolution of
relinquishment shall be conclusive evidence that the notice has been
given.
The commission shall not relinquish to any county or city any
portion of any state highway that has been superseded by relocation
until the department has placed the highway, as defined in Section
23, in a state of good repair. This requirement shall not obligate
the department for widening, new construction, or major
reconstruction, except as the commission may direct. A state of good
repair requires maintenance, as defined in Section 27, including
litter removal, weed control, and tree and shrub trimming to the time
of relinquishment.
Within the 90-day period, the board of supervisors or the city
council may protest in writing to the commission stating the reasons
therefor, including, but not limited to, objections that the highway
is not in a state of good repair, or is not needed for public use and
should be vacated by the commission. In the event that the
commission does not comply with the requests of the protesting body,
it may proceed with the relinquishment only after a public hearing
given to the protesting body on 10 days' written notice.




73.1. The commission may relinquish any portion of State Route 275
that has been agreed to by a city in which it is located pursuant to
those terms the commission finds to be in the best interest of the
state. A relinquishment under this section shall become effective
upon the first day of the next calendar or fiscal year, whichever
occurs first, after the effective date of the commission's approval
of the terms.



73.3. Upon determination by the commission that it is in the best
interest of the state to do so, the commission may, upon terms and
conditions approved by it, relinquish State Route 224 from post mile
0.0 to post mile 1.7 to a city in which that segment of the highway
is located, if the city has agreed to accept the relinquishment. The
relinquishment shall be effective on the day immediately following
the date of the approval of the terms and conditions by the
commission.



73.5. Whenever any area has been or may hereafter be constituted a
National park or be added to any existing National park and
jurisdiction thereover has been ceded by the Legislature to the
United States, any lands within such area acquired for highway
purposes may be conveyed by the department to the United States on
such terms as the commission shall approve.



74. Any city or county aggrieved by any decision of the department,
under the provisions of Division 3 (commencing with Section 2004.5)
or under the provisions of Sections 186.3 and 186.5, may, within 30
days after such decision, petition the commission for a hearing. If
a petition is filed, the commission shall hear the petition as soon
as conveniently possible and after reasonable notice to such city or
county. The commission shall make its order allowing or disallowing
the petition, in whole or in part, and the commission's order shall
be final and conclusive.



74.5. The planning commission and legislative body of a city or
county shall, prior to recommending the adoption of a state highway
route by the Legislature or the selection of a state highway location
by the commission, conduct a public hearing on the subject.



75. Except as otherwise provided by law, the commission at any time
and from time to time may:
(a) Select, adopt, and determine the location for State highways
on routes authorized by law.
(b) Allocate, from the funds available therefor, moneys for the
construction, improvement or maintenance of the various highways or
portions thereof under the jurisdiction of the department. The
commission may determine in each case the maximum sum of money that
shall be made available therefor.
(c) Authorize preliminary surveys to determine the advisability of
including in or excluding from the State highway system any highway
or portion thereof.



75.9. Upon the selection, adoption, and determination of the
location for a state highway or freeway, the commission shall notify
all planning agencies and legislative bodies having responsibility
pursuant to Section 65300 of the Government Code for the adoption of
the general plan or plans in the area affected by such commission
action. Within 90 days after receipt of such notice, all such
planning agencies and legislative bodies shall revise the circulation
element of their general plans to reflect such commission action.



76. There is hereby delegated to the commission by the Legislature
of the State of California full power and authority to request or
accept on behalf of the State of California any grant or grants or
modifications of grants made by any executive agency of the United
States whereby rights-of-way for the extension, maintenance or
operation of state roads or bridges across property of the United
States of America are desired or have been granted to the State of
California or to any political subdivision thereof.



77. The commission may accept, by appropriate resolution, a grant
or modification of a grant of right-of-way for any of the roads
mentioned in Section 76 across property of the United States of
America.


77.5. Notwithstanding any other provision of law, the Governor of
the State of California is authorized to accept any retrocession of
legislative jurisdiction offered by the United States of America over
real property upon which an easement for a right-of-way or any other
interest for highway purposes has been granted by the federal
government to the State of California.
The execution and delivery of acceptance of retrocession of
legislative jurisdiction by the Governor of California shall be
recorded in the office of the county recorder where the land is
located and in the office of the State Lands Commission. The State
Lands Commission shall maintain a permanent public record of such
acceptances as part of the index relating to jurisdiction of the
United States of lands in the State of California required by Section
127 of the Government Code.


78. Any of the said grants received by the State of California and
accepted by the commission, or relocations of such rights of way so
received in any military reservation, shall by the acceptance thereof
become a part of the system of public highways of the State.



79. This delegation of power to the commission shall not be deemed
exclusive, but any of the powers herein enumerated may continue to be
exercised by the Legislature itself while in session.



80. The commission shall act by resolution or by vote or order
entered in its minutes.



81. Except as is provided in Section 2109, whenever there exists
between the termini of, and approximately on, any route included in
the state highway system a traversable highway, the commission shall
adopt the same as the state highway between such termini. The
commission may adopt a portion of any such road if it determines that
such portion is constructed to adequate standards and if such
portion is contiguous to a portion of the state highway system
presently being maintained by the department. If more than one such
traversable highway exists, the commission shall determine and
designate which of such highways shall constitute the state highway.
The traversable highways thus selected and adopted shall be state
highways in all respects the same as if originally constructed or
acquired by the state, subject to all laws applicable to state
highways. All acts and actions of the commission and the department
with respect to the taking over and maintenance of such highways
heretofore taken are hereby approved and ratified.




82. Whenever a traversable highway is adopted as a state highway as
provided in Section 81, written notice of such action shall be given
to the board of supervisors of each county and to the city council
of each city within which such highway or any portion thereof is
located. The filing of a certified copy of the resolution or order
of the commission with the local authority shall be a sufficient
notice of the action of the commission.



83. Any public street or highway or portion thereof which is within
the boundaries of a state highway, including a traversable highway
adopted or designated as a state highway, shall constitute a part of
the right of way of such state highway without compensation being
paid therefor, and the department shall have jurisdiction thereover
and responsibility for the maintenance thereof.



84. Before the department commences the construction of any state
highway or of any bridge, viaduct, conduit, pipe, trestle, or other
obstruction in connection therewith across any cove, bay, or inlet of
the ocean in this state, the department shall submit the plans of
the proposed project, insofar as they might affect the use of such
cove, bay, or inlet as a small boat harbor, to the Department of
Boating and Waterways and shall consider any suggestions made with
respect to the integration of the proposed highway project with any
proposed plan for the development of a small boat harbor.



84.5. During the design hearing process relating to state highway
projects that include the construction by the department of a new
bridge across a navigable river, there shall be included full
consideration of, and a report on, the feasibility of providing a
means of public access to the navigable river for public recreational
purposes.



85. In order to provide the commission with an independent
evaluation of routing proposals as the commission may desire from
time to time, the commission may contract with specialists,
including, but not limited to, persons trained and experienced in
engineering, economics, landscape and design architecture, fish and
wildlife management, park and recreation management, history and
sociology, agriculture, and urban and regional planning. The
commission is authorized to expend any funds in the State Highway
Account to carry out the provisions of this section.




86. The commission may delegate to the department any ministerial
or administrative power, duty, responsibility, or function of the
commission. The delegations authorized herein shall be upon such
conditions and terms as the commission deems appropriate.