reglab/statecodes huggingface dataset:
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 2 - California Transportation Commission › Section 72.

72. (a) The department shall do all of the following with respect to Route 480 in the City and County of San Francisco, commonly known as the Embarcadero Freeway, if approval for the use of federal emergency relief funds for that purpose is received from the appropriate federal agency:
(1) Remove the earthquake-damaged structure as quickly as possible.
(2) Retain that portion of the right-of-way that is necessary for new ramps and transfer to the City and County of San Francisco the remaining portions of the Route 480 right-of-way.
(3) Jointly agree with the City and County of San Francisco on a system of ramps and city streets that would essentially provide motorists with accessibility comparable to that provided by Route 480.
(b) The City and County of San Francisco shall do both of the following:
(1) Construct the system of ramps and city streets and utilize the Route 480 right-of-way or the proceeds from sales of that right-of-way for the sole purpose of constructing an alternate system of local streets pursuant to paragraph (3) of subdivision (a).
(2) Upon the transfer of that right-of-way pursuant to this section, accept all obligations and liabilities associated with that right-of-way.
(c) The total amount of state and federal funds to be expended by the state for the purposes of this section shall not exceed the amount of state and federal funds which would have been expended to repair and reopen the segment to traffic as a state highway.
(d) Nothing in this section or Section 253.8 shall be construed to prohibit the selection, development, and operation of a project pursuant to Section 143.
(Added by Stats. 1991, Ch. 498, Sec. 1.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 2 - California Transportation Commission › Section 73.01.

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 Public Utilities Code, a joint powers authority formed for purposes of providing transportation services, a transit district, or a regional transportation planning agency, a park-and-ride lot within their respective jurisdictions, on terms and conditions that the commission finds to be within the best interests of the state, if the department enters into an agreement with the county transportation commission, joint powers authority, the transit district, or regional transportation planning agency providing for that relinquishment.
(b) The county transportation commission, joint powers authority, the transit district, or regional transportation planning agency requesting the relinquishment shall agree to maintain, at a minimum, the number of parking spaces provided by the department in the lot at the time of relinquishment. The relinquishment shall become effective on the date following the county recorder’s recordation of the relinquishment resolution containing the commission’s approval of the terms and conditions of the relinquishment.
(Amended by Stats. 2014, Ch. 315, Sec. 1. (SB 1368) Effective January 1, 2015.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 2 - California Transportation Commission › Section 73.1.

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 it and pursuant to those terms the commission finds to be in the best interest of the state. A relinquishment under this section shall become effective upon the first day of the next calendar or fiscal year, whichever occurs first, after the effective date of the commission’s approval of the terms.
(Amended by Stats. 2015, Ch. 12, Sec. 6. (AB 95) Effective June 24, 2015.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 2 - California Transportation Commission › Section 73.3.

73.3. Upon determination by the commission that it is in the best interest of the state to do so, the commission may, upon terms and conditions approved by it, relinquish State Route 224 from post mile 0.0 to post mile 1.7 to a city in which that segment of the highway is located, if the city has agreed to accept the relinquishment. The relinquishment shall be effective on the day immediately following the date of the approval of the terms and conditions by the commission.
(Added by Stats. 1996, Ch. 10, Sec. 5. Effective February 9, 1996.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 2 - California Transportation Commission › Section 73.5.

73.5. Whenever any area has been or may hereafter be constituted a National park or be added to any existing National park and jurisdiction thereover has been ceded by the Legislature to the United States, any lands within such area acquired for highway purposes may be conveyed by the department to the United States on such terms as the commission shall approve.
(Added by Stats. 1939, Ch. 292.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 2 - California Transportation Commission › Section 74.

74. Any city or county aggrieved by any decision of the department, under the provisions of Division 3 (commencing with Section 2004.5) or under the provisions of Sections 186.3 and 186.5, may, within 30 days after such decision, petition the commission for a hearing. If a petition is filed, the commission shall hear the petition as soon as conveniently possible and after reasonable notice to such city or county. The commission shall make its order allowing or disallowing the petition, in whole or in part, and the commission’s order shall be final and conclusive.
(Amended by Stats. 1980, Ch. 777, Sec. 5.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 2 - California Transportation Commission › Section 74.5.

74.5. The planning commission and legislative body of a city or county shall, prior to recommending the adoption of a state highway route by the Legislature or the selection of a state highway location by the commission, conduct a public hearing on the subject.
(Amended by Stats. 1980, Ch. 777, Sec. 6.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 2 - California Transportation Commission › Section 75.

75. Except as otherwise provided by law, the commission at any time and from time to time may:
(a) Select, adopt, and determine the location for State highways on routes authorized by law.
(b) Allocate, from the funds available therefor, moneys for the construction, improvement or maintenance of the various highways or portions thereof under the jurisdiction of the department. The commission may determine in each case the maximum sum of money that shall be made available therefor.
(c) Authorize preliminary surveys to determine the advisability of including in or excluding from the State highway system any highway or portion thereof.
(Enacted by Stats. 1935, Ch. 29.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 2 - California Transportation Commission › Section 75.9.

75.9. Upon the selection, adoption, and determination of the location for a state highway or freeway, the commission shall notify all planning agencies and legislative bodies having responsibility pursuant to Section 65300 of the Government Code for the adoption of the general plan or plans in the area affected by such commission action. Within 90 days after receipt of such notice, all such planning agencies and legislative bodies shall revise the circulation element of their general plans to reflect such commission action.
(Added by Stats. 1970, Ch. 874.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 2 - California Transportation Commission › Section 76.

76. There is hereby delegated to the commission by the Legislature of the State of California full power and authority to request or accept on behalf of the State of California any grant or grants or modifications of grants made by any executive agency of the United States whereby rights-of-way for the extension, maintenance or operation of state roads or bridges across property of the United States of America are desired or have been granted to the State of California or to any political subdivision thereof.
(Amended by Stats. 1967, Ch. 1310.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 2 - California Transportation Commission › Section 77.

77. The commission may accept, by appropriate resolution, a grant or modification of a grant of right-of-way for any of the roads mentioned in Section 76 across property of the United States of America.
(Repealed and added by Stats. 1967, Ch. 1310.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 2 - California Transportation Commission › Section 77.5.

77.5. Notwithstanding any other provision of law, the Governor of the State of California is authorized to accept any retrocession of legislative jurisdiction offered by the United States of America over real property upon which an easement for a right-of-way or any other interest for highway purposes has been granted by the federal government to the State of California.
The execution and delivery of acceptance of retrocession of legislative jurisdiction by the Governor of California shall be recorded in the office of the county recorder where the land is located and in the office of the State Lands Commission. The State Lands Commission shall maintain a permanent public record of such acceptances as part of the index relating to jurisdiction of the United States of lands in the State of California required by Section 127 of the Government Code.
(Amended by Stats. 1974, Ch. 473.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 2 - California Transportation Commission › Section 78.

78. Any of the said grants received by the State of California and accepted by the commission, or relocations of such rights of way so received in any military reservation, shall by the acceptance thereof become a part of the system of public highways of the State.
(Added by Stats. 1935, Ch. 144.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 2 - California Transportation Commission › Section 79.

79. This delegation of power to the commission shall not be deemed exclusive, but any of the powers herein enumerated may continue to be exercised by the Legislature itself while in session.
(Added by Stats. 1935, Ch. 144.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 2 - California Transportation Commission › Section 81.

81. Except as is provided in Section 2109, whenever there exists between the termini of, and approximately on, any route included in the state highway system a traversable highway, the commission shall adopt the same as the state highway between such termini. The commission may adopt a portion of any such road if it determines that such portion is constructed to adequate standards and if such portion is contiguous to a portion of the state highway system presently being maintained by the department. If more than one such traversable highway exists, the commission shall determine and designate which of such highways shall constitute the state highway. The traversable highways thus selected and adopted shall be state highways in all respects the same as if originally constructed or acquired by the state, subject to all laws applicable to state highways. All acts and actions of the commission and the department with respect to the taking over and maintenance of such highways heretofore taken are hereby approved and ratified.
(Amended by Stats. 1967, Ch. 1342.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 2 - California Transportation Commission › Section 82.

82. Whenever a traversable highway is adopted as a state highway as provided in Section 81, written notice of such action shall be given to the board of supervisors of each county and to the city council of each city within which such highway or any portion thereof is located. The filing of a certified copy of the resolution or order of the commission with the local authority shall be a sufficient notice of the action of the commission.
(Added by Stats. 1947, Ch. 436.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 2 - California Transportation Commission › Section 83.

83. Any public street or highway or portion thereof which is within the boundaries of a state highway, including a traversable highway adopted or designated as a state highway, shall constitute a part of the right of way of such state highway without compensation being paid therefor, and the department shall have jurisdiction thereover and responsibility for the maintenance thereof.
(Added by Stats. 1947, Ch. 436.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 2 - California Transportation Commission › Section 84.

84. Before the department commences the construction of any state highway or of any bridge, viaduct, conduit, pipe, trestle, or other obstruction in connection therewith across any cove, bay, or inlet of the ocean in this state, the department shall submit the plans of the proposed project, insofar as they might affect the use of such cove, bay, or inlet as a small boat harbor, to the Department of Boating and Waterways and shall consider any suggestions made with respect to the integration of the proposed highway project with any proposed plan for the development of a small boat harbor.
(Amended by Stats. 1980, Ch. 777, Sec. 7.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 2 - California Transportation Commission › Section 84.5.

84.5. During the design hearing process relating to state highway projects that include the construction by the department of a new bridge across a navigable river, there shall be included full consideration of, and a report on, the feasibility of providing a means of public access to the navigable river for public recreational purposes.
(Amended by Stats. 1980, Ch. 777, Sec. 8.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 2 - California Transportation Commission › Section 85.

85. In order to provide the commission with an independent evaluation of routing proposals as the commission may desire from time to time, the commission may contract with specialists, including, but not limited to, persons trained and experienced in engineering, economics, landscape and design architecture, fish and wildlife management, park and recreation management, history and sociology, agriculture, and urban and regional planning. The commission is authorized to expend any funds in the State Highway Account to carry out the provisions of this section.
(Amended by Stats. 1980, Ch. 777, Sec. 9.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 2 - California Transportation Commission › Section 86.

86. The commission may delegate to the department any ministerial or administrative power, duty, responsibility, or function of the commission. The delegations authorized herein shall be upon such conditions and terms as the commission deems appropriate.
(Amended by Stats. 1979, Ch. 102.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 90.

90. The department shall have full possession and control of all state highways and all property and rights in property acquired for state highway purposes. The department is authorized and directed to lay out and construct all state highways between the termini designated by law and on the locations as determined by the commission.
(Amended by Stats. 1965, Ch. 1018.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 91.

91. The department shall improve and maintain the state highways, including all traversable highways which have been adopted or designated as state highways by the commission, as provided in this code.
(Added by Stats. 1947, Ch. 436.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 91.4.

91.4. (a) Upon the completion of a scheduled cleanup and abatement of litter pursuant to an agreement with an adopter entered into pursuant to Section 91.5, the department may provide a two hundred fifty dollar ($250) stipend to the adopter.
(b) Notwithstanding any other law, an adopter provided a stipend pursuant to this section is not an employee of the state.
(c) For purposes of this section, “adopter” is defined as in Section 2621 of Title 21 of the California Code of Regulations.
(d) This section shall become inoperative on June 30, 2024, and, as of January 1, 2025, is repealed.
(Added by Stats. 2021, Ch. 81, Sec. 15. (AB 149) Effective July 16, 2021. Inoperative June 30, 2024, by its own provisions. Repealed as of January 1, 2025, by its own provisions.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 91.42.

91.42. (a) The Clean California State Beautification Program of 2021 is hereby established, to be administered by the department, to provide funding, upon appropriation by the Legislature, for purposes of beautifying and cleaning up state highways.
(b) It is the intent of the Legislature that the program established pursuant to subdivision (a) achieves all of the following goals:
(1) Reduce the amount of waste and debris within public rights-of-way, tribal lands, pathways, parks, transit centers, and other public spaces.
(2) Enhance, rehabilitate, restore, or install measures to beautify and improve public spaces.
(3) Enhance public health, cultural connection, and community placemaking by improving public spaces for walking and recreation.
(4) Advance equity for underserved communities.
(c) (1) Within six months of the effective date of this section, the department shall develop project selection criteria and program evaluation metrics and identify eligible projects.
(2) The project selection criteria shall include, but shall not be limited to, all of the following:
(A) The demonstrated need of the applicant to address the goals of the program as described in subdivision (b).
(B) The potential for the project to enhance and beautify a public space or spaces.
(C) The potential for greening to provide shade, reduce the urban heat island effect, and use native, low-water plants.
(D) The potential for abatement of litter and debris that improves access to use of a public space or spaces.
(E) Identification of the local public engagement process that culminated in the project proposal and reflects community priorities.
(F) The benefit to underserved communities. The department shall establish a definition for underserved communities that may include, but need not be limited to, disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code, and low-income communities, as defined in paragraph (2) of subdivision (d) of Section 39713 of the Health and Safety Code.
(G) Project types eligible for funding pursuant to the program that include, but are not limited to, all of the following:
(i) Greening and landscaping projects.
(ii) Gateway community identification projects.
(iii) Enhanced infrastructure safety measures.
(d) Consistent with applicable department policies and guidelines, program funds shall not be used to displace persons experiencing homelessness.
(Amended by Stats. 2022, Ch. 28, Sec. 151. (SB 1380) Effective January 1, 2023.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 91.43.

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 department shall establish a procedure to prequalify job order contractors and shall prepare a set of documents for each job order contract. The documents shall include all of the following:
(A) A unit book of construction tasks with preestablished unit prices.
(B) Job order contract specifications.
(C) Any other information deemed necessary to adequately describe the department’s needs.
(2) Based on the documents prepared pursuant to paragraph (1), the department shall prepare a request for bids that invites prequalified job order contractors to submit competitive sealed bids in the manner prescribed by the department.
(3) Job order contracts may be executed for an initial contract term of no more than 12 months, with the option of extending or renewing the job order contract for two 12-month periods. All extensions or renewals shall be priced as provided in the request for bids. An extension or renewal shall be mutually agreed to by the department and the job order contractor.
(4) Any job order contractor that is selected to construct a project pursuant to this subdivision shall possess or obtain sufficient bonding to cover the contract amount for construction services and risk and liability insurance as the department may require.
(5) Nothing in this subdivision is intended to affect, expand, alter, or limit any rights or remedies otherwise available by law.
(b) Project funds received pursuant to the Clean California Local Grant Program of 2021, the Clean California State Beautification Program of 2021, and any funds received by the department as reimbursement for project work under these programs shall not be considered transportation funds subject to Sections 182 and 183.
(c) The Legislature finds that it is in the best interest of the state to facilitate the quick and efficient purchase of vehicles and related equipment, goods, and systems. Notwithstanding Section 10295.2 of the Public Contract Code and Section 13332.09 of the Government Code, the department is hereby delegated the authority necessary to carry out the purchase of vehicles, equipment, or other products as needed to implement the department’s supplemental Fleet Acquisition Plan Fiscal Year 2021–22 for the acquisition of 269 medium- and heavy-duty vehicles and equipment to support litter abatement.
(d) As part of the 2022–23 and 2023–24 budgets, the department shall report to the Legislature on the Clean California Local Grant Program of 2021 and the Clean California State Beautification Program of 2021, including, but not limited to, the vehicles and equipment purchased pursuant to subdivision (c), cubic yards of litter collected, the locations and types of projects, and any other important project or program outcomes.
(Added by Stats. 2021, Ch. 81, Sec. 18. (AB 149) Effective July 16, 2021.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 91.5.

91.5. (a) The department may enter into an agreement to accept funds, materials, equipment, or services from any person for maintenance or roadside enhancement, including the cleanup and abatement of litter, of a section of a state highway. The department and the sponsoring person may specify in the agreement the level of maintenance that will be performed.
(b) The director may authorize a courtesy sign. These courtesy signs shall be consistent with existing code provisions and department rules and regulations concerning signs.
(Amended by Stats. 2003, Ch. 489, Sec. 1. Effective January 1, 2004.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 91.6.

91.6. The department shall, within its maintenance programs relating to litter cleanup and abatement, assign a high priority to litter deposited along state highway segments adjoining storm drains, streams, rivers, waterways, beaches, the ocean, and other environmentally sensitive areas. The department may use litter traps in drains and any other effective technology in carrying out these responsibilities.
(Added by Stats. 2003, Ch. 489, Sec. 2. Effective January 1, 2004.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 91.8.

91.8. (a) The department shall, within its maintenance program, establish procedures for the removal and disposal of animal carcasses on state highways.
(b) Notwithstanding any other provision of law, including, but not limited to, prohibitions on the possession and transportation of endangered or protected species, or the property rights associated with livestock and other commercially valuable animals, the department may remove or relocate an animal carcass from a state highway for safety purposes.
(c) The department shall dispose of animal carcasses in an environmentally appropriate manner considering both of the following:
(1) The animal’s probable legal status, whether as domestic or commercial property, wild, feral, protected, or endangered, as follows:
(A) When practicable, an owner of a domestic animal shall be notified of the location or disposition of the animal carcass. Unless returned to the owner, license tags, nameplates, or other identification shall be retained by the department for 30 days.
(B) A branded livestock carcass shall be removed from the roadway but not otherwise transported until the owner is contacted. If the owner cannot be identified, the department shall notify the regional brand inspector.
(C) In the case of wild, feral, protected, or endangered animals, disposal shall be accomplished in accordance with applicable provisions of the Fish and Game Code.
(2) If disposal technologies including, but not limited to, natural decomposition, burial, incineration, donation, rendering, or composting are not available or practicable, the department may use any nontraditional or novel technology that may be appropriate under the circumstances.
(d) Animal carcasses shall not be relocated to or disposed of within 150 feet of waterways or drainageways that lead directly to waterways, or buried within five feet of groundwater.
(e) The department shall maintain a record of designated disposal sites used for consolidation of animal carcasses.
(Added by Stats. 2008, Ch. 257, Sec. 3. Effective January 1, 2009.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 92.1.

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, automated flagger assistance devices, buffer lanes, impact attenuator vehicles, and temporary barriers, with the goal of isolating workers or work zones from traffic.
(b) Where the department’s updated guidance allows, but does not require, use of a safety device, the department shall provide compensation for the optional safety device when requested by a contractor on a public works project of the department.
(c) (1) The department shall submit a report to the Legislature by January 1, 2024, in compliance with Section 9795 of the Government Code that includes findings and recommendations on the use of positive protection measures used pursuant to this section.
(2) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code.
(d) After the report required by subdivision (c) is submitted to the Legislature, the department shall prescribe standards and specifications that are consistent with the updated guidance developed pursuant to subdivision (a) to require the appropriate use of positive protection on all covered activities on the state highway system. In developing these standards and specifications, the department shall solicit input from relevant stakeholders, including, but not limited to, construction labor groups, contractors, utilities, local agencies, and community organizations.
(e) The department may adopt regulations as necessary or appropriate to carry out the purposes of this section. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code shall not apply to any standard, criterion, procedure, determination, rule, notice, or guideline established or issued by the department pursuant to this section.
(f) (1) A contractor that has requested and received compensation for an optional safety device pursuant to subdivision (b) shall use the optional safety device in conformance with the department’s guidance.
(2) The Division of Occupational Safety and Health, in consultation with the department, may adopt regulations as necessary or appropriate to administer and enforce paragraph (1).
(g) For purposes of this section, the following definitions apply:
(1) “Covered activity” means all construction and maintenance activities performed on a state highway right-of-way, including, but not limited to, utility work and repair activities.
(2) “Positive protection” means barriers or other devices placed between workers and motorized traffic that contain or redirect vehicles and meet applicable crashworthy criteria, as contained in Section 1A.13 of the California Manual on Uniform Traffic Control Devices.
(Amended by Stats. 2023, Ch. 813, Sec. 1. (AB 752) Effective January 1, 2024.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 92.2.

92.2. Where practical or desirable, the department shall, along any highway under its jurisdiction, possession, or control, replace trees that have been destroyed or removed because of projects undertaken to widen the highway.
Money from the State Highway Account available for the widening of highways shall also be available for the planting of trees pursuant to this section.
(Amended by Stats. 1980, Ch. 777, Sec. 10.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 92.4.

92.4. Where a city street or county road abuts upon real property acquired by the state for freeway purposes, the department may contribute toward the cost of construction of the half of such street or road that directly fronts or abuts upon such property if such street or road was established, but not yet constructed, at the time when the location of such freeway was established by the commission.
(Amended by Stats. 1980, Ch. 777, Sec. 11.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 92.5.

92.5. The department shall install, in all tunnels and underpasses on state highways within metropolitan areas where the tunnel or underpass is of sufficient length to impede radio reception, wires, or other devices which will sustain reception of broadcasts by radios in vehicles traveling through the tunnels and underpasses.
The Legislature declares that the installation of such devices in state highway tunnels and underpasses is an improvement of highways within the meaning of Section 1 of Article XIX of the California Constitution since it will assist law enforcement officers in their patrol duties by enabling them to receive essential radio calls and also will increase the enjoyment of the people in the use of the state highways.
(Amended by Stats. 1980, Ch. 777, Sec. 12.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 92.6.

92.6. At such locations as shall be determined by the department to be appropriate, screening shall be installed and maintained on state freeway overpasses on which pedestrians are allowed, in order to prevent objects from being dropped or thrown upon vehicles passing underneath. First consideration shall be given to freeway overpasses in urban areas.
(Amended by Stats. 1979, Ch. 589.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 93.

93. The department may construct and maintain detours as may be necessary to facilitate movement of traffic where state highways are closed or obstructed by construction or otherwise. The department may direct traffic onto any other public highway which will serve as a detour, in which case the department, upon the completion of such use, and upon the request of the local agency having jurisdiction over the highway, shall restore the same to its former condition; provided, that the local agency shall reimburse the department for the amount of all betterment to such highway caused by the restoration. The department shall also reimburse the local agency for all reasonable additional expenses incurred by that agency in maintaining said highway during the period of detour if such additional expenses were caused by said detour.
(Amended by Stats. 1959, Ch. 627.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 94.

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 federally recognized Indian tribes and entities owned by those tribes.
(b) To implement off-reservation traffic impact mitigation contracts with federally recognized Indian tribes, or entities owned by those tribes, all of the following shall apply:
(1) The contract shall provide for the full reimbursement of expenses and costs incurred by the department in the exercise of its contractual responsibilities. Funds for the project shall be placed in an escrow account before project development.
(2) The proposed transportation project shall comply with all applicable state and federal environmental impact and review requirements, including, but not limited to, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(3) The department’s work on the transportation project under the contract shall not jeopardize or adversely affect the completion of other transportation projects included in the adopted State Transportation Improvement Program.
(4) The transportation project is included in or consistent with the affected regional transportation plan.
(Amended by Stats. 2023, Ch. 137, Sec. 1. (AB 630) Effective January 1, 2024.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 94.3.

94.3. To the extent that existing provisions of Part 23 (commencing with Section 23.1) of Title 49 of the Code of Federal Regulations, as amended April 27, 1981, are not applicable to highway contracts awarded by the department that are solely state funded, the department shall develop a program to implement comparable provisions applicable to those contracts.
(Added by Stats. 1981, Ch. 790, Sec. 4.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 95.

95. Whenever the commission relinquishes any portion of any state highway superseded by relocation and the construction of a freeway and when the department has prior to relinquishment maintained snow removal operations on the portion of state highway relinquished and when property having access to the relinquished portion of state highway was developed for winter recreational purposes at the time of relinquishment, the department may with the consent of the county or counties to which the road is relinquished, maintain snow removal operations on all or a portion of the state highway which has been superseded by relocation.
(Added by Stats. 1959, Ch. 2149.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 95.5.

95.5. From and after November 8, 1967, the department shall remove snow from that portion of former U.S. Route 40, which has been superseded by the relocation and construction of Interstate Route 80, commencing at its intersection with Interstate Route 80 near Donner Memorial Park westerly approximately four miles to the vicinity of Donner Lake.
(Repealed and added by Stats. 1971, Ch. 2.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 95.6.

95.6. (a) The department shall adopt and implement, on or before July 1, 1992, a deicing policy for state highways. The policy shall be set forth in a plan and method for deicing state highways, using all appropriate deicing technologies, while at the same time maintaining highway safety.
(b) The plan shall be submitted to the Legislature on or before July 1, 1992. All or part of the elements of the plan shall be incorporated in the department’s budget proposal for the 1992–93 fiscal year and budget proposals for subsequent fiscal years. The department shall examine all possible funding sources.
(c) The plan shall include, but not be limited to, all of the following:
(1) A review of research conducted in California and other states on the use of deicing salt substitutes and deicing technologies.
(2) When available, the incorporation of applicable technical findings of the ongoing study by the Transportation Research Board of the National Research Council which will analyze the costs to the public and private sectors, including, but not limited to, damage to vegetation, highway structures, and motor vehicles, of using salt as a deicing agent as compared with the use of commercially available substitute deicing materials or techniques.
(3) A plan for reducing or eliminating the use of salt as a primary deicing agent on specified routes, including, but not limited to, State Highway Routes 28, 50, 80, and 89 in the Lake Tahoe Basin, and substituting environmentally safe deicing techniques where significant environmental damage has already occurred, in accordance with the legislative intent expressed in subdivision (f) of Section 1 of the act which added this section.
(4) An analysis of the direct cost to each state transportation district for both initial capital costs, including repair of road salt’s environmental damage, and annual costs to convert to an environmentally safe deicing policy.
(Added by Stats. 1991, Ch. 318, Sec. 2.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 96.

96. If any directional or traffic control sign installed or maintained by the department within the right-of-way of a state highway is defaced with graffiti in a manner which interferes with the ability of motorists to comprehend the information which the sign was intended to convey, thereby posing a danger to the public, the department shall, as soon as reasonably possible after learning of the graffiti, either remove the graffiti and treat the sign with an anti-graffiti substance or material, or replace the sign, whichever is more practical and economical.
(Added by Stats. 1991, Ch. 289, Sec. 1.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 97.01.

97.01. The following segments are eligible for designation as Safety Awareness Zones pursuant to Section 97.1:
(a) The Golden Gate Bridge.
(Added by Stats. 2006, Ch. 593, Sec. 1. Effective January 1, 2007.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 97.1.

97.1. (a) A highway segment shall be designated as a Safety Awareness Zone if all of the following conditions have been met:
(1) The highway segment is eligible for designation under Section 97.01.
(2) Each local governing body or bodies, with jurisdiction over the area or areas in which the eligible segment is located, has adopted a resolution indicating its support for the designation as well as a Safety Awareness Zone Plan addressing education, enforcement, and engineering measures intended to support the designation.
(3) If the highway segment is a state highway, the Safety Awareness Zone Plan has been approved by the Director of Transportation and the Commissioner of the Department of the California Highway Patrol.
(b) A Safety Awareness Zone designation shall be deemed effective immediately upon satisfaction of all requirements pursuant to subdivision (a) and may remain in effect for a period not to exceed three years from the effective date. The designation may be renewed for a period not to exceed three years. Renewal of a designation for a highway segment that is a state highway shall require the approval by the Director of Transportation and the Commissioner of the Department of the California Highway Patrol of an updated Safety Awareness Zone Plan.
(c) The department shall develop a sign to notify motorists of the presence of a Safety Awareness Zone, and shall place and maintain the signs for as long as the designation is in effect pursuant to this section.
(d) Presence of a Safety Awareness Zone does not increase the civil liability of the state or local authority having jurisdiction over the highway segment under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code or any other provision of law relating to civil liability.
(e) Projects on a highway segment specified as a Safety Awareness Zone shall not be elevated in priority for state funding purposes.
(f) For purposes of this section, “highway” has the meaning set forth in Section 360 of the Vehicle Code.
(Amended by Stats. 2007, Ch. 130, Sec. 230. Effective January 1, 2008.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 100.

100. Using existing resources, the department shall monitor the cumulative impact of fragmented gaps in the state highway system to identify safety and long-term maintenance issues.
(Amended by Stats. 2001, Ch. 745, Sec. 205. Effective October 12, 2001.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 100.1.

100.1. The department is authorized to do any and all things necessary to lay out, acquire and construct any section or portion of a State highway as a freeway or to make any existing State highway a freeway.
(Added by Stats. 1939, Ch. 687.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 100.15.

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 planning agency submitting the project for approval shall demonstrate that reversible lanes were considered for the project.
(Added by Stats. 2016, Ch. 525, Sec. 1. (AB 2542) Effective January 1, 2017.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 100.2.

100.2. The department is authorized to enter into an agreement with the city council or board of supervisors having jurisdiction over the street or highway and, as may be provided in such agreement, to close any city street or county highway at or near the point of its interception with any freeway or to make provision for carrying such city street or county highway over or under or to a connection with the freeway and may do any and all work on such city street or county highway as is necessary therefor. No city street or county highway shall be closed, either directly or indirectly, by the construction of a freeway except pursuant to such an agreement or while temporarily necessary during construction operations. No city street, county road, or other public highway of any kind shall be opened into or connected with any freeway unless and until the commission adopts a resolution consenting thereto and fixing the terms and conditions on which such connection shall be made and the commission may give or withhold its consent or fix such terms and conditions as, in its opinion, will best subserve the public interest.
(Amended by Stats. 1980, Ch. 777, Sec. 13.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 100.21.

100.21. (a) Whenever a street or highway closing agreement is required by Section 100.2, the department shall not acquire, except by gift, and except in hardship or protective cases as determined by the department or the commission, any real property for a freeway through a city until an agreement is first executed with the city council, or for a freeway through unincorporated territory in a county until an agreement is first executed with the board of supervisors. The department shall give notice to the city council or the board of supervisors, as the case may be, of any acquisition of real property prior to the execution of an agreement.
(b) Notwithstanding subdivision (a), a city council, or a county board of supervisors may, by resolution, authorize the purchase of rights-of-way prior to approval of an agreement if the purchase is limited to the mainline corridor of the proposed freeway and the alignment of the freeway is not at issue.
(Amended by Stats. 2004, Ch. 615, Sec. 14. Effective January 1, 2005.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 100.22.

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.
(Added by Stats. 1969, Ch. 515.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 1 - STATE HIGHWAYS › CHAPTER 1 - Administration › ARTICLE 3 - The Department of Transportation › Section 100.25.

100.25. In addition to the other matters that may be covered by the agreements authorized under Section 100.2, provisions for improvements, revisions or extensions of city streets or county highways leading to or from a freeway, deemed by the department to be necessary in accommodating the freeway traffic in making proper connections between the existing system of city streets or county roads and the freeway, may be included in such agreements and the department may perform such work as a part of the freeway construction.
(Added by Stats. 1957, Ch. 1217.)