California Assembly Bill AB1814 Latest Draft

 BILL NUMBER: AB 1814AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 11, 2016 AMENDED IN ASSEMBLY MARCH 15, 2016 INTRODUCED BY Assembly Member Travis Allen FEBRUARY 8, 2016 An act to add Section  218.5   226.6  to the Streets and Highways Code, relating to state highways. LEGISLATIVE COUNSEL'S DIGEST AB 1814, as amended, Travis Allen. State highways: roadside  rests.   rest areas.  Existing law provides that the Department of Transportation has full possession and control of the state highway system and associated property. Existing law authorizes the department to plan, design, and construct a system of safety roadside rests along state  highways.   highways, which are maintained by the department.  Existing law provides that  safety  roadside rests are deemed to be part of the state highway right-of-way.  Existing law authorizes up to 6 additional safety roadside rest areas to be developed as   joint economic development demonstration projects.   This bill would require the department, by January 1, 2018, to update the Safety Roadside Rest Master Plan, and to identify any changes to state or federal law that would be required in order to facilitate public-private partnerships for roadside rest areas that would be located outside of the highway right-of-way.   This bill would authorize the department to enter into one or more agreements, as specified, for the operation of safety roadside rest areas by private entities in conjunction with the development of a retail establishment, under which certain payments may be made to the state. The bill would also require the department to seek any federal waivers that may be necessary to implement these provisions.  Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 226.6 is added to the   Streets and Highways Code   , to read:   226.6. (a) The department may enter into one or more agreements for the operation of safety roadside rest areas by private entities in conjunction with the development of a retail establishment. (b) An agreement entered into pursuant to this section shall provide for all of the following: (1) The state shall continue to own the affected property, but may lease the property to the private entity. (2) The private entity shall be responsible for maintaining the affected rest area. (3) The private entity shall ensure a daily minimum of 18 hours of public access to the rest area and shall provide restrooms, security, and limited vehicle parking. (c) An agreement may provide for payment to the state of a fixed percentage of all gross sales generated at the retail establishment via direct or online sales, with these payments to be deposited into the State Highway Account to be used, upon appropriation, to maintain or create new safety roadside rest areas. (d) The authorized retail establishment shall be consistent with state-defined footprint and height standards and may sell a range of products for and to the traveling public as specified in the agreement. The rest area and associated retail establishment shall comply with all applicable Americans with Disabilities Act of 1990 (Public Law 101-336) standards and federal regulations adopted pursuant thereto and shall meet or exceed the Tier 1 provisions of the 2013 Edition of the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations) for sustainable design and construction. (e) The department shall seek any federal waivers that may be necessary to implement this section.       SECTION 1.   Section 218.5 is added to the Streets and Highways Code, to read: 218.5. The department, on or before January 1, 2018, shall update the Safety Roadside Rest Area Master Plan. In updating the plan, the department shall identify any changes to state or federal law that would be required in order to facilitate public-private partnerships for roadside rest areas that would be located outside of the highway right-of-way.