BlackletterCalifornia law

CHAPTER 1. Administration [50. - 227.1.]

Chapter 1 enacted by Stats. 1935, Ch. 29.

§§ 50–227.1 · 355 sections

  1. ARTICLE 1. General § 50 · 1 section
    • § 50 Any reference in any law or regulation to the State Highway Engineer shall be deemed to refer to the director.
  2. ARTICLE 2. California Transportation Commission §§ 70–86 · 28 sections
    • § 70 (a) The California Highway Commission is hereby abolished, and the California Transportation Commission succeeds to, and is vested with, all the duties,…
    • § 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…
    • § 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…
    • § 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,…
    • § 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…
    • § 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…
    • § 73.01 (a) The commission may relinquish to a county transportation commission created pursuant to Chapter 1 (commencing with Section 130000) of Division 12 of the…
    • § 73.1 The commission may relinquish State Route 275, the Tower Bridge, to one or more cities in which it is located, upon agreement of the city or cities to accept…
    • § 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,…
    • § 73.4 (a) For purposes of this section, “infrastructural barrier” means a state highway for which high speeds, grade separation, or other design factors displaced…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 77.5 Notwithstanding any other provision of law, the Governor of the State of California is authorized to accept any retrocession of legislative jurisdiction…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 84 Before the department commences the construction of any state highway or of any bridge, viaduct, conduit, pipe, trestle, or other obstruction in connection…
    • § 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,…
    • § 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…
    • § 86 The commission may delegate to the department any ministerial or administrative power, duty, responsibility, or function of the commission. The delegations…
  3. ARTICLE 3. The Department of Transportation §§ 90–155.7 · 200 sections
    • § 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…
    • § 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…
    • § 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…
    • § 91.2 (a) The department shall perform construction inspection services for projects on or interfacing with the state highway system authorized pursuant to Chapter…
    • § 91.41 (a) The Clean California Local Grant Program of 2021 is hereby established, to be administered by the department, to provide funding, upon appropriation by the…
    • § 91.42 (a) The Clean California State Beautification Program of 2021 is hereby established, to be administered by the department, to provide funding, upon…
    • § 91.43 (a) The department may use job order contracting to construct projects through the Clean California State Beautification Program of 2021 as follows: (1) The…
    • § 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,…
    • § 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…
    • § 91.8 (a) The department shall, within its maintenance program, establish procedures for the removal and disposal of animal carcasses on state highways. (b)…
    • § 91.9 (a) On or before December 31, 2025, the department, in coordination with the State Energy Resources Conservation and Development Commission and the Public…
    • § 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…
    • § 92.1 (a) The department shall update guidance by July 1, 2021, to specify the appropriate use of positive protection measures, including, but not limited to,…
    • § 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…
    • § 92.3 (a) The department shall do both of the following: (1) Discontinue further water intensive freeway landscaping and use drought resistant landscaping whenever…
    • § 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…
    • § 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…
    • § 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…
    • § 92.7 (a) (1) Beginning on or before July 1, 2028, the department shall, in consultation with the State Department of Public Health and in collaboration with…
    • § 92.8 (a) (1) On or before July 1, 2028, the department shall identify best practices for the implementation of suicide countermeasures designed to deter suicide…
    • § 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…
    • § 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, including with…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 100.15 Before the commission approves a capacity-increasing project or a major street or highway lane realignment project, the department or a regional transportation…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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,…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 101.2 The department may, when it deems it necessary, replace or cause to be replaced any city limit road sign.
    • § 101.21 The department shall, in the next revision of the California Manual on Uniform Traffic Control Devices, allow supplemental destination signs for a state…
    • § 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…
    • § 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…
    • § 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,…
    • § 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…
    • § 101.7 (a) The department shall adopt rules and regulations that allow the placement, near exits on freeways located in rural areas, of information signs identifying…
    • § 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…
    • § 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…
    • § 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…
    • § 101.11 (a) The Department of Transportation shall, through the erection of highway signs and appropriate markers, provide recognition of the historical importance of…
    • § 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…
    • § 101.13 The department shall erect, at appropriate locations on highways in the state highway system, generic directional signs to each Veterans’ Home of California…
    • § 101.14 (a) Prior to June 30, 2016, and subject to federal approval as provided in subdivision (d), the department shall update its internal policies to allow displays…
    • § 101.15 Roundabouts shall be included in the list of highway facility types that may be used for memorial or dedication signing as designated in the California Manual…
    • § 101.18 (a) The department shall amend the California Manual on Uniform Traffic Control Devices to allow supplemental destination signs for museums that meet all the…
    • § 101.19 (a) The Department of Transportation shall work with the Native American Heritage Commission, the California Advisory Committee on Geographic Names, the…
    • § 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)…
    • § 103 (a) As used in this section, the following terms have the following meanings: (1) “Multimodal” means transportation options within a transportation corridor,…
    • § 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…
    • § 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)…
    • § 104 The department may acquire, either in fee or in any lesser estate or interest, any real property that it considers necessary for state highway purposes. Real…
    • § 104.1 (a) (1) For purposes of environmental mitigation pursuant to subdivision (k) of Section 104, the department may create an endowment or enter one or more…
    • § 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…
    • § 104.3 (a) For purposes of this section, the following definitions apply: (1) “Federal Reconnecting Communities Pilot Program” means the Reconnecting Communities…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 104.16 (a) Any airspace under a freeway, or real property acquired for highway purposes, in the City and County of San Francisco, that is not excess property, shall…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 104.22 (a) Notwithstanding any other law, the Department of Transportation shall, consistent with Article XIX of the California Constitution, transfer to the…
    • § 104.23 (a) Notwithstanding any other law, the department shall declare that the Pedro Point excess property identified in Director’s Deed DD–028801–01–01, also known…
    • § 104.24 (a) Any airspace under a freeway, or real property acquired for highway purposes, in the City of Oakland, that is not excess property, may be offered for lease…
    • § 104.25 (a) The department may lease the real property located at 4747 Pacific Highway in the City of San Diego, department parcel number 760-216-19-00, which was…
    • § 104.26 (a) (1) Any airspace under a freeway, or real property acquired for highway purposes, in the City of Los Angeles, that is not excess property, may be offered…
    • § 104.30 (a) The department may make available for lease airspace or real property for the purposes described in this section if it determines that the airspace or real…
    • § 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…
    • § 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)…
    • § 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…
    • § 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,…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 114.5 The department shall not charge any self-help counties with countywide sales tax measures dedicated to transportation improvements more than 10 percent for…
    • § 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…
    • § 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,…
    • § 117 Unless otherwise specifically provided in the instrument conveying title, the acquisition, ownership, or control by the department of any right-of-way over any…
    • § 118 (a) If the department determines that real property or an interest therein, previously or hereafter acquired by the state for highway purposes, is no longer…
    • § 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…
    • § 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…
    • § 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…
    • § 118.7 (a) The department may, upon terms, standards, and conditions approved by the commission and the California Coastal Commission, transfer environmental…
    • § 118.8 (a) For purposes of this section, the following definitions apply: (1) “State Route 710 Terminus” means the Route 710 Terminus in the City of Alhambra, north…
    • § 118.9 (a) For purposes of this section, the following definitions apply: (1) (A) Except as provided in subparagraph (B), “Blues Beach property” means the 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,…
    • § 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…
    • § 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,…
    • § 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,…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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.…
    • § 126 (a) Notwithstanding the advertising and bidding provisions of Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code or Article 6…
    • § 126.1 (a) The department may enter into agreements, which shall provide funding as necessary, with governmental, nonprofit, and for-profit entities for the purpose…
    • § 126.2 (a) (1) Agreements between the department and governmental, nonprofit, and for-profit entities pursuant to subdivision (c) of Section 126 and Section 126.1…
    • § 126.3 (a) By July 1, 2025, and annually thereafter until July 1, 2033, the department shall provide a written report to the relevant legislative policy and budget…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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,…
    • § 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…
    • § 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…
    • § 133 To the extent possible, and where feasible and cost effective, the department shall partner with appropriate public agencies, including, but not limited to,…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 135.7 The department may contract with other public agencies, private individuals, and corporations for the financing, planning, development, construction,…
    • § 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,…
    • § 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…
    • § 136.6 (a) The department may enter into contracts not exceeding twenty-five thousand dollars ($25,000) for the leasing and renting of operated heavy highway…
    • § 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,…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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,…
    • § 142 All expense incurred in carrying out the objects of section 141 is part of the administrative expense of the department.
    • § 143 (a) (1) “Best value” means a value determined by objective criteria, including, but not limited to, price, features, functions, life-cycle costs, and other…
    • § 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,…
    • § 143.2 (a) For the purposes of this section, the following definitions apply: (1) “Authorized agreement” means either of the following types of agreements: (A) An…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 146.5 (a) The department may construct, maintain, and operate fringe and transportation corridor parking facilities along the state highway system when those…
    • § 147 The director shall, without supplanting any other program required to be administered by the department or redirecting funds allocated to other programs,…
    • § 148 The department may construct and maintain transit related highway facilities along the state highway system. Those facilities may include, but are not limited…
    • § 148.1 (a) Notwithstanding any other provision of law, the Monterey-Salinas Transit District and the Santa Cruz Metropolitan Transit District may conduct a transit…
    • § 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…
    • § 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…
    • § 149.2 (a) The department shall report to the transportation policy committees of the Legislature, in compliance with Section 9795 of the Government Code, on or…
    • § 149.3 The department may undertake the construction of exclusive or preferential lane facilities pursuant to a cooperative agreement with any public or private…
    • § 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…
    • § 149.5 (a) (1) (A) Notwithstanding Sections 149 and 30800 of this code, and Section 21655.5 of the Vehicle Code, the Sunol Smart Carpool Lane Joint Powers Authority…
    • § 149.6 (a) Notwithstanding Sections 149, 149.7, and 30800, and Section 21655.5 of the Vehicle Code, the Santa Clara Valley Transportation Authority (VTA) created by…
    • § 149.7 (a) Notwithstanding Sections 149 and 30800, a regional transportation agency, as defined in subdivision (k), or the department may apply to the commission to…
    • § 149.8 (a) Pursuant to Section 149.7, the Legislature hereby authorizes a value pricing and transit program involving high-occupancy toll (HOT) lanes to be developed…
    • § 149.9 (a) Notwithstanding Sections 149 and 30800 of this code, and Section 21655.5 of the Vehicle Code, the Los Angeles County Metropolitan Transportation Authority…
    • § 149.10 (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…
    • § 149.11 (a) (1) Notwithstanding Sections 149 and 30800 of this code, and Section 21655.5 of the Vehicle Code, the San Bernardino County Transportation Authority,…
    • § 149.12 The Highway Toll Account is hereby created in the State Transportation Fund for the management of funds received by the department for toll facilities…
    • § 149.13 (a) VTA may apply to the commission pursuant to Section 149.7 to conduct, administer, and operate any facility or program described in subdivision (a) of that…
    • § 149.20 (a) On or before January 1, 2026, the director shall adopt a transit policy to guide the implementation of transit priority facilities and transit stops on the…
    • § 150 When the department, in cooperation with rapid transit districts, recommends that mass public transportation facilities should be located along a proposed…
    • § 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…
    • § 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…
    • § 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…
    • § 154 The department shall encourage the construction and development by counties of portions of the county highways as official county scenic highways and may…
    • § 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…
    • § 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…
    • § 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…
    • § 155.6 Unless prohibited by federal laws or rules and regulations, the department may authorize the installation of coin-operated binocular or telescopic viewing…
    • § 155.7 (a) On or before April 1, 2018, the Secretary of Transportation, in consultation with the Secretary of the Natural Resources Agency, shall establish a…
  4. ARTICLE 3.5. Barriers to Fish Passage §§ 156–156.5 · 6 sections
    • § 156 For purposes of this article, the following definitions shall apply: (a) “Fish passage” means the ability of an anadromous fish to access appropriate habitat…
    • § 156.1 (a) The Director of Transportation shall prepare an annual report describing the status of the department’s progress in locating, assessing, and remediating…
    • § 156.2 The department shall pursue development of a programmatic environmental review process with appropriate state and federal regulatory agencies for remediating…
    • § 156.3 For any project using state or federal transportation funds programmed after January 1, 2006, the department shall ensure that, if the project affects a stream…
    • § 156.4 For any repair or construction project using state or federal transportation funds that affects a stream crossing on a stream where anadromous fish are, or…
    • § 156.5 (a) The Department of Fish and Wildlife shall identify projects described in this article that present the most significant barriers to fish passage. (b) The…
  5. ARTICLE 3.7. Clean Renewable Energy Bonds for the Department of Transportation §§ 157–157.8 · 6 sections
    • § 157 It is the intent of the Legislature that the authority granted to the Department of Transportation under this act is restricted to the specific program for…
    • § 157.1 The department, through the Treasurer and the California Alternative Energy and Advanced Transportation Financing Authority, may issue Clean Renewable Energy…
    • § 157.2 (a) The net proceeds of bonds issued under this article shall be deposited in the Clean Renewable Energy Bonds Subaccount, which is hereby established as a…
    • § 157.4 (a) In conjunction with the issuance of bonds pursuant to Section 157.1, the department may, until January 1, 2014, enter into lease-purchase agreements, lease…
    • § 157.6 The solar energy systems funded pursuant to this article may utilize, and shall comply with, either the net energy metering program allowable under Section…
    • § 157.8 On or before March 1 of each fiscal year, and until maturity of the bonds issued pursuant to this article, the department shall report to the budget committees…
  6. ARTICLE 3.8. Barriers to Wildlife Movement §§ 158–158.5 · 6 sections
    • § 158 For purposes of this article, the following definitions apply: (a) “Connectivity area” includes any of the following: (1) An area identified by any federal or…
    • § 158.1 (a) It is the intent of the Legislature that the department review the full extent of the state highway system, as currently maintained, in consultation with…
    • § 158.2 (a) (1) Except as provided in subdivision (b), for any project on the state highway system located in a connectivity area beginning the project initiation…
    • § 158.3 On or before July 1, 2025, the department shall update appropriate design guidance, including the Highway Design Manual, to incorporate design concepts for…
    • § 158.4 (a) The Transportation Wildlife Connectivity Remediation Program is hereby established to be administered by the department, in consultation with the…
    • § 158.5 (a) The department shall submit a report to the relevant policy committees and the budget committees of the Legislature, in compliance with Section 9795 of the…
  7. ARTICLE 4. Highway Standards §§ 160–162.5 · 4 sections
    • § 160 The width of the right-of-way for all state highways shall be at least 40 feet. The department may maintain any state highway having a lesser width of…
    • § 161 On construction projects, the department shall install on the surface of state highways upon which the operation of bicycles is permitted only those types of…
    • § 162 (a) Unless the commission finds that it would be impractical, any state highway exclusive and preferential lane for buses and other high occupancy vehicles…
    • § 162.5 (a) The department shall develop revised seismic standards for earthquake resistance to be utilized in the design and construction of new state highways and…
  8. ARTICLE 4.3. Transportation Funding Plan §§ 163–164.56 · 18 sections
    • § 163 The Legislature, through the enactment of this section, intends to establish a policy for the use of all transportation funds that are available to the state,…
    • § 164 (a) Funds made available for transportation capital improvement projects under subdivision (e) of Section 163 shall be programmed and expended for the…
    • § 164.1 (a) Federal funds derived from apportionments made to the state under Section 1101(a)(11) of the federal Safe, Accountable, Flexible, Efficient Transportation…
    • § 164.3 The interregional road system shall include, and shall be limited to, those routes that are specified in Sections 164.10 to 164.20, inclusive.
    • § 164.6 (a) (1) The department shall prepare a State Highway System Management Plan. The plan shall include a 10-year state highway system rehabilitation plan for the…
    • § 164.10 For purposes of subdivision (e) of Section 164.3, the eligible interregional and intercounty routes include all of the following: Route 1. Route 2, between the…
    • § 164.11 For purposes of subdivision (e) of Section 164.3, the eligible interregional and intercounty routes include all of the following: Route 12. Route 14. Route 15.…
    • § 164.12 For purposes of subdivision (e) of Section 164.3, the eligible interregional and intercounty routes include all of the following: Route 36, between Route 5 and…
    • § 164.13 For purposes of subdivision (e) of Section 164.3, the eligible interregional and intercounty routes include all of the following: Route 50. Route 53. Route 58,…
    • § 164.14 For purposes of Section 164.3, the eligible interregional and intercounty routes include the following: Route 70, between Route 99 north of Sacramento and…
    • § 164.15 For purposes of Section 164.3, the eligible interregional and intercounty routes include all of the following: Route 94, except within the urban limits of the…
    • § 164.16 For purposes of Section 164.3, the eligible interregional and intercounty routes include all of the following: Route 120, between Route 5 and Route 395. Route…
    • § 164.17 For purposes of subdivision (e) of Section 164.3, the eligible interregional and intercounty routes include all of the following: Route 140, between the east…
    • § 164.18 For purposes of subdivision (e) of Section 164.3, the eligible interregional and intercounty routes include all of the following: Route 160, between the north…
    • § 164.19 For purposes of Section 164.3, the eligible interregional and intercounty routes include the following: Route 203. Route 205. Route 207. Route 215. Route 239.…
    • § 164.20 For purposes of subdivision (e) of Section 164.3, the eligible interregional and intercounty routes include all of the following: Route 330, between the north…
    • § 164.53 (a) A local agency may request authorization from the commission to make advance expenditures of funds, other than state or federal funds, for a project which…
    • § 164.56 (a) It is the intent of the Legislature to allocate seven million dollars ($7,000,000) annually to the Environmental Enhancement and Mitigation Program Fund,…
  9. ARTICLE 4.5. Transportation Budget §§ 165–171 · 8 sections
    • § 165 The department shall prepare and submit to the Governor a proposed budget. The department shall include, within the proposed budget, the portion of that budget…
    • § 166 The portion of the proposed budget to be funded from the State Highway Account shall be included in the printed fiscal year budget submitted to the…
    • § 166.5 In order to support its proposed budgets and to improve its program management, the Department of Transportation shall develop budgeting, accounting, fiscal…
    • § 167 (a) Funds in the State Highway Account in the State Transportation Fund shall be programmed, budgeted subject to Section 163, and expended to maximize the use…
    • § 169 For the purposes of this code, except as provided in Section 170, the date of the award of a contract and of the commencement of a day-labor project shall be…
    • § 170 Where it is estimated by the department that the work involved in a project to be constructed under the State Contract Act (Chapter 1 (commencing with Section…
    • § 170.5 Notwithstanding Section 13302 of the Government Code, the department may, with respect to any project which will not be completed within a fiscal year, finance…
    • § 171 Prior to the commencement of each fiscal year, the department may advertise for bids for capital outlay projects anticipated to be budgeted during the fiscal…
  10. ARTICLE 4.8. Local Bridge Seismic Safety Retrofit §§ 179–179.3 · 4 sections
    • § 179 Effective June 30, 2002, all funds in the Seismic Safety Retrofit Account in the State Transportation Fund are transferred to the State Highway Account in the…
    • § 179.1 The department may administer projects for local bridge seismic safety retrofits consistent with the requirements of Chapter 9 (commencing with Section 2400)…
    • § 179.2 The department may allocate State Highway Account funds in lieu of the local matching requirements of subdivision (b) of Section 2413 to the extent funding for…
    • § 179.3 For purposes of this article: (a) “Bridge” includes a publicly owned pedestrian bridge and a publicly owned rail transit bridge. (b) “Retrofit” includes both…
  11. ARTICLE 5. Funds for Highway and Public Mass Transit Guideway Purposes §§ 181–208 · 50 sections
    • § 181 (a) The Transportation Revolving Account in the State Transportation Fund is hereby created. With the approval of the Department of Finance, there shall be…
    • § 182 The “State Highway Fund” is continued in existence as the State Highway Account in the State Transportation Fund. Any reference in any law or regulation to the…
    • § 182.2 Notwithstanding any other provision of law, toll bridge seismic retrofit and replacement projects described in Section 188.5 shall continue to be governed by…
    • § 182.5 (a) It is the intent of the Legislature that the transition to the new programs and procedures established in the bill enacting this section shall be fair and…
    • § 182.6 (a) Notwithstanding Sections 182 and 182.5, Sections 188, 188.8, and 825 do not apply to the expenditure of an amount of federal funds equal to the amount of…
    • § 182.7 (a) Notwithstanding Sections 182 and 182.5, Sections 188, 188.8, and 825 do not apply to the expenditure of an amount of federal funds equal to the amount of…
    • § 182.8 (a) It is the intent of the Legislature that this program help increase flexibility in the use of state and federal funding to complete transportation…
    • § 182.85 (a) For purposes of this section, the term “federal local assistance funds” means either of the following: (1) Highway Safety Improvement Program (23 U.S.C.…
    • § 182.9 There shall be appropriated from nonfederal funds in the State Highway Account, and the commission shall allocate to each county, an amount, not to exceed one…
    • § 183 (a) All money in the State Highway Account in the State Transportation Fund derived from federal sources or from appropriations to other state agencies, or…
    • § 183.1 (a) Notwithstanding subdivision (a) of Section 182 or any other provision of law, money deposited into the account that is not subject to Article XIX of the…
    • § 183.2 Notwithstanding any other provision of law, the repayment date for the loan of one hundred thirty-five million dollars ($135,000,000) made from the State…
    • § 183.3 (a) Upon the order of the Director of Finance, the Controller shall transfer the sum of one hundred seventy-three million dollars ($173,000,000) from the State…
    • § 183.4 (a) The department may advance funds in the State Highway Account in the State Transportation Fund to a local agency for all or a portion of the cost of a…
    • § 183.5 No funds from the State Highway Account shall be budgeted, allocated, or expended for any project which calls for any change in passenger train stations or…
    • § 184 The department shall set up and keep the accounts necessary to show all expenditures from the State Highway Account for the several purposes authorized or…
    • § 185 All money withdrawn from the State Highway Account in the State Transportation Fund shall be withdrawn in the manner provided by law upon demands made by the…
    • § 185.5 The director shall pay from the State Highway Account in the State Transportation Fund that portion of the administrative expenses of the department that he…
    • § 186.3 Funds apportioned pursuant to Section 2106 may be expended for highway-oriented transportation studies requested by a state or federal agency. Any expenditure…
    • § 186.5 Whenever local entities are unable to agree upon the number and width of traffic lanes for a street or road proposed to be constructed by any such entity where…
    • § 186.6 There is hereby appropriated to the commission from the Motor Vehicle Fuel Fund an amount not to exceed fifty thousand dollars ($50,000) annually for work done…
    • § 187 For the purpose of allocating State funds available for highway purposes the counties of the State are placed in these two groups: Group No. 1. All those…
    • § 188 (a) All federal and state funds to be allocated by the commission, or expended by the department, for transportation improvements under Section 164, except for…
    • § 188.1 None of the provisions of this article or of Section 825 shall apply to the expenditure of either state or federal funds necessary to replace or reconstruct…
    • § 188.3 The cost of maintenance of all toll bridges under the jurisdiction of the commission shall be paid out of money in the State Highway Account.
    • § 188.4 (a) Maintenance expenditures on all toll facilities owned by the state shall, for accounting purposes, be classified as Category A or Category B expenditures.…
    • § 188.5 (a) The Legislature finds and declares all of the following: (1) The department has determined that in order to provide maximum safety for the traveling public…
    • § 188.51 (a) If the department utilizes its authority under Chapter 4 (commencing with Section 14550) of Part 5.3 of Division 3 of the Government Code to issue federal…
    • § 188.53 Notwithstanding any other provision of law, it is the intent of the Legislature that the programming authorization described in subparagraph (B) of paragraph…
    • § 188.6 (a) (1) The Legislature finds and declares that on August 16, 2004, the department reported to the Legislature that the funds identified in Section 188.5 are…
    • § 188.61 (a) The Legislature finds and declares that in order to provide maximum safety for the traveling public and to ensure continuous and unimpeded operation of the…
    • § 188.62 Notwithstanding Section 13340 of the Government Code, there is hereby continuously appropriated to the department for expenditure all amounts paid to the…
    • § 188.7 Any expenses incurred in connection with any state highway under Article 4 (commencing with Section 2760) and Article 5 (commencing with Section 2780) of…
    • § 188.8 (a) From the funds programmed pursuant to Section 188 for regional improvement projects, the commission shall approve programs and program amendments, so that…
    • § 188.9 (a) Beginning January 1, 2013, the commission shall allocate construction support costs for a project in the state transportation improvement program at the…
    • § 188.10 (a) The Toll Bridge Seismic Retrofit Account is hereby created in the State Transportation Fund. The money in the account is hereby appropriated, without…
    • § 188.11 (a) The commission, with assistance from the department and regional agencies, shall maintain a long-term balance of shares, shortfalls, and surpluses for…
    • § 188.14 The department may transfer or loan, or both, funds between the Toll Bridge Seismic Retrofit Account in the State Transportation Fund and the State Highway…
    • § 188.15 (a) Except as authorized under subdivision (b), toll funds used as a credit toward the nonfederal share of any federal-aid highway project, as authorized under…
    • § 189.1 Notwithstanding any other provision of law, State Transportation District 12, consisting of the County of Orange, is hereby created. The district shall have a…
    • § 190 Each annual proposed budget prepared pursuant to Section 165 shall include the sum of fifteen million dollars ($15,000,000), which sum may include federal…
    • § 191 Prior to each July 15, the department shall prepare and forward to the Controller a report identifying the amounts to be deducted from the allocations under…
    • § 191.5 Any city, city and county, or county may use funds allocated from the State Highway Account or the Highway Users Tax Account in the Transportation Tax Fund to…
    • § 192 In apportioning the State Highway Account money as required by this article, there shall be excluded, from the computations of moneys expended, any sums…
    • § 193 The State Highway Account money allocated and available each year for state highways shall be expended by the department: (a) On the locations determined by…
    • § 194 Each annual proposed budget prepared pursuant to Section 165 shall include an amount recommended to be appropriated to the Transportation Planning and…
    • § 203 It is the intent of the Legislature that each annual proposed budget prepared pursuant to Section 165 include state funds from the State Highway Account for…
    • § 204 The department shall exercise the same powers and duties with respect to State highways within cities as with respect to other State highways.
    • § 207 The commission may, by resolution, provide a plan under which the department may invest presently unneeded money in the State Highway Account in bonds or…
    • § 208 The Controller shall, from time to time, determine whether any portion of the money or investment in the Department of Motor Vehicles Uncleared Collections…
  12. ARTICLE 6. Freeway Noise Attenuation §§ 215.5–216.5 · 6 sections
    • § 215.5 (a) The department shall develop and implement a system of priorities for ranking the need for installation of noise attenuation barriers along freeways in the…
    • § 215.6 If any city or county contributes at least 33 percent of the estimated cost of any soundwall project included for the first time in the state transportation…
    • § 215.7 (a) In the event of the destruction of any segment of a state highway due to a natural disaster, when that segment remains out of service for five years or…
    • § 216 (a) The noise level produced by the traffic on, or by the construction of, a state freeway shall be measured in the classrooms, libraries, multipurpose rooms,…
    • § 216.1 As used in Section 216, “spaces used for pupil personnel services” means rooms that are used primarily for counseling, testing, or similar type services…
    • § 216.5 (a) The department shall construct at least one demonstration noise attenuation barrier fabricated from rice straw upon meeting the conditions and requirements…
  13. ARTICLE 6.5. Job Order Contracting §§ 217–217.2 · 3 sections
    • § 217 As used in this article, the following definitions apply: (a) “Adjustment factor“ means the job order contractor’s competitively bid adjustment to the…
    • § 217.1 (a) It is the intent of the Legislature to enable the use of job order contracting as an option for constructing transportation and public works projects when…
    • § 217.2 This article shall remain in effect only until December 31, 2033, and as of that date is repealed.
  14. ARTICLE 7. Safety Roadside Rests §§ 218–226.5 · 13 sections
    • § 218 The commission and the department shall plan, design, and construct a system of safety roadside rests on the state highway system outside of units of the state…
    • § 219 In planning such system of safety roadside rests, the department is directed to generally follow these criteria: (a) Safety roadside rests should be provided…
    • § 220 In designing safety roadside rests, the department shall design only those safety roadside rests which are reasonably economical and which will provide the…
    • § 220.5 (a) The department shall authorize the placement of vending machines in safety roadside rests, unless prohibited by federal laws, rules, or regulations. (b)…
    • § 221 The department shall, to the extent feasible, post at appropriate safety roadside rests information regarding missing children provided by the Department of…
    • § 222 The department may accept grants on behalf of the State and may accept financial or other assistance for, or in aid of, safety roadside rests.
    • § 223 (a) The department may contract with other governmental agencies or private organizations or individuals for the construction and operation of traveler service…
    • § 223.5 (a) The department shall develop a policy for the use of restroom facilities at safety roadside rests by disabled travelers at those locations on state…
    • § 224 It shall be unlawful for any person to throw or deposit any substance in a safety roadside rest other than in a receptacle provided for that purpose. It shall…
    • § 225 (a) The department may enact rules and regulations governing the time and manner of use of safety roadside rests, and all state laws and rules and regulations…
    • § 225.5 (a) Notwithstanding Section 22520.5 or 22520.6 of the Vehicle Code, and except as specifically authorized by this article, no person shall display, sell, offer…
    • § 226 Areas comprising such safety roadside rests shall be deemed a part of the state highway right-of-way for all purposes, including those set forth in Section 731.
    • § 226.5 (a) Unless prohibited by federal law or regulation, the department, to promote public safety and convenience, may construct, operate, and maintain a maximum of…
  15. ARTICLE 7.5. Loma Prieta Earthquake-Cypress Neighborhood Relief Act §§ 227–227.1 · 2 sections
    • § 227 (a) The Legislature finds and declares all of the following: (1) The neighborhood surrounding the former Cypress section of Route 880 in Oakland has suffered…
    • § 227.1 (a) In acquiring property for the Cypress freeway reconstruction project from the owner of a small business, the department shall make no deduction from the…