CCLME.ORG - The Department of Transportation

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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 ($2,500), 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. (a) For the purposes of this section, the following terms
have the following meanings:
(1) (A) "Mobile equipment" means devices owned by the department
by which any person or property may be propelled, moved, or drawn on
or off highway and that are used for employee transportation or
material movement, or for construction or maintenance work relating
to transportation, including, but not limited to, passenger vehicles,
heavy duty trucks, boats, trailers, motorized construction
equipment, and "slip-in" accessories or attachments that are used by
more than one functional unit.
(B) "Mobile equipment" does not include any of the following:
(i) Office equipment, computers, and any other stationary,
nonmovable, and integral part of a transportation facility.
(ii) Passenger vehicles used to transport the public.
(iii) Aircraft or related aeronautics equipment.
(iv) Rolling stock used for intercity rail operations.
(2) "Mobile equipment services" includes, but is not limited to,
all of the following:
(A) Use of mobile equipment and services, including, but not
limited to, the purchase of new vehicles.
(B) Receiving, servicing, and equipping new mobile equipment
units.
(C) Assembling components into completed mobile equipment units.
(D) Managing mobile equipment and services, including, but not
limited to, payment for fuel and insurance.
(E) Repairing, rehabilitating, and maintaining mobile equipment.
(F) Disposing of used vehicles.
(3) "Mobile equipment services cost recovery" means revenues from
assessments charged to the department's divisions and programs for
mobile equipment services, or revenues from charges for equipment
services provided to local transportation authorities, including, but
not limited to, cost recovery for all of the following:
(A) Salaries and wages.
(B) Facility and inventory improvements.
(C) Capital outlay support projects.
(D) Overhead, depreciation, and operating expenses.
(b) The department, with the approval of the Department of
Finance, shall set rates for mobile equipment services. The
department shall review its rates on an annual basis and, upon
approval by the Department of Finance, shall publish a rate schedule
on or before April 30 of each year. The department shall collect
mobile equipment services cost recovery.
(c) The Equipment Service Fund is hereby created in the State
Treasury. Notwithstanding Section 13340, all money in the fund is
continuously appropriated to the department to pay for mobile
equipment services.
(d) The net proceeds from mobile equipment services cost recovery
shall be deposited in the fund. In addition, any moneys appropriated
to the department under the annual Budget Act, or under any other
act, for the use of existing mobile equipment or for the purchase of
that equipment, and any moneys transferred to the department from any
account within the State Transportation Fund for those purposes, may
be deposited in the fund.
(e) If the balance remaining in the fund at the end of any fiscal
year exceeds the amount allowable for billed central services under
the Federal Office of Management and Budget Circular A-87 or
superceding circular, as determined by the department and the
Department of Finance, the balance shall be treated consistent with
the requirements of the Federal Office of Management and Budget
Circular A-87 or superseding circular.

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) The department may solicit proposals and enter into
agreements with private entities, or consortia thereof, for the
construction by, and lease to, private entities of two public
transportation demonstration projects. The department shall not
enter into an agreement for any new proposals under this authority
after January 1, 2003.
(b) For the purpose of facilitating those projects, the agreements
may include provisions for the lease of rights-of-way in, and
airspace over or under, state highways, for the granting of necessary
easements, and for the issuance of permits or other authorizations
to enable the private entity to construct transportation facilities
supplemental to existing state-owned transportation facilities.
Facilities constructed by a private entity pursuant to this section
shall, at all times, be owned by the state. The agreement shall
provide for the lease of those facilities to the private entity for
up to 35 years. In consideration therefor, the agreement shall
provide for complete reversion of the privately constructed facility
to the state at the expiration of the lease at no charge to the
state.
(c) The department may exercise any power possessed by it with
respect to the development and construction of state transportation
projects to facilitate the development and construction of
transportation projects pursuant to this section. Agreements for
maintenance and police services entered into pursuant to this section
shall provide for full reimbursement for services rendered by the
department or other state agencies. The department may provide
services for which it is reimbursed with respect to preliminary
planning, environmental certification, and preliminary design of the
demonstration projects.
(d) (1) Agreements entered into pursuant to this section shall
authorize the private entity to impose tolls for use of a facility
constructed by it, and shall require that over the term of the lease
the toll revenues be applied to payment of the private entity's
capital outlay costs for the project, the costs associated with
operations, toll collection, administration of the facility,
reimbursement to the state for the costs of maintenance and police
services, and a reasonable return on investment to the private
entity. The agreement shall require that any excess toll revenue
either be applied to any indebtedness incurred by the private entity
with respect to the project or be paid into the State Highway
Account, or both.
(2) The authority to collect tolls for the use of these facilities
shall terminate at the expiration of the franchise agreement.
(e) The plans and specifications for each project constructed
pursuant to this section shall comply with the department's standards
for state transportation projects. A facility constructed by and
leased to a private entity 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.
(f) The assignment authorized by subdivision (c) of Section 130240
of the Public Utilities Code is consistent with this section.

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 ($250,000) 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
($2,000,000) 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 ($30,000) 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
($250,000) 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 ($1,000,000) 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 ($30,000) 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) 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.
(g) The authority of SANDAG to conduct, administer, and operate a
value pricing and transit development program on a transportation
corridor pursuant to this section shall terminate on that corridor
four years after SANDAG first collects revenues from the HOT lane
project on that corridor. SANDAG shall notify the department by
letter of the date that revenues are first collected on that
corridor.

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 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 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 (continued)