California 2017 2017-2018 Regular Session

California Assembly Bill AB1395 Amended / Bill

Filed 01/03/2018

                    Amended IN  Assembly  January 03, 2018 Amended IN  Assembly  March 30, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1395Introduced by Assembly Member ChuFebruary 17, 2017 An act to add Section 92.1 to the Streets and Highways Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTAB 1395, as amended, Chu. State highways: uniform financial Department of Transportation: litter, debris, and graffiti remediation plan.Existing law provides that the Department of Transportation has full possession and control of all state highways and associated property, and sets forth the powers and duties of the department with respect to the operation, maintenance, and improvement of state highways.This bill would require the department, on or before January 1, 2019, 2020, to develop a uniform financial plan to remediate debris to maintain and preserve the state highway and freeway systems. The bill would require the uniform financial plan to litter, debris, and graffiti remediation plan, which would both address the buildup of litter and debris along state highways and freeways, the graffiti along state highways and freeways, and the delay between when the department is notified that an area contains litter, debris, or graffiti and when the area is remediated, and include recommendations that to modify or establish state processes or policy to allow a municipality to carry out obligations specified in the plan with reimbursement provided by the state. By imposing new duties on local municipalities, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YESNO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Maintenance of our state highways and freeways is a long-standing problem in California.(b) Litter, debris, and graffiti along California highways and freeways create unsightly scenes.(c) When the Department of Transportation is unable to clean up the litter, debris, and graffiti, or falls behind with its remediation efforts, often times cities are left to fulfill those responsibilities.SECTION 1.SEC. 2. Section 92.1 is added to the Streets and Highways Code, to read:92.1. (a) (1) On or before January 1, 2019, 2020, the department shall develop a uniform financial plan to remediate debris to maintain and preserve the state highway and freeway systems. litter, debris, and graffiti remediation plan.(2) The department may update the plan. shall consult with interested stakeholders, which may include city and county officials, to develop the plan.(b) The plan shall address all of the following problems:(1) The buildup of litter and debris along state highways and freeways.(2) The graffiti along state highways and freeways.(3) The delay between when the department is notified that an area contains litter, debris, or graffiti and when the area is remediated.(b)(c) The uniform financial plan shall include recommendations that to modify or establish state processes or policy to allow a municipality to carry out obligations specified in the plan with reimbursement provided by the state.SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

 Amended IN  Assembly  January 03, 2018 Amended IN  Assembly  March 30, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1395Introduced by Assembly Member ChuFebruary 17, 2017 An act to add Section 92.1 to the Streets and Highways Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTAB 1395, as amended, Chu. State highways: uniform financial Department of Transportation: litter, debris, and graffiti remediation plan.Existing law provides that the Department of Transportation has full possession and control of all state highways and associated property, and sets forth the powers and duties of the department with respect to the operation, maintenance, and improvement of state highways.This bill would require the department, on or before January 1, 2019, 2020, to develop a uniform financial plan to remediate debris to maintain and preserve the state highway and freeway systems. The bill would require the uniform financial plan to litter, debris, and graffiti remediation plan, which would both address the buildup of litter and debris along state highways and freeways, the graffiti along state highways and freeways, and the delay between when the department is notified that an area contains litter, debris, or graffiti and when the area is remediated, and include recommendations that to modify or establish state processes or policy to allow a municipality to carry out obligations specified in the plan with reimbursement provided by the state. By imposing new duties on local municipalities, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: YESNO 

 Amended IN  Assembly  January 03, 2018 Amended IN  Assembly  March 30, 2017

Amended IN  Assembly  January 03, 2018
Amended IN  Assembly  March 30, 2017

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 1395

Introduced by Assembly Member ChuFebruary 17, 2017

Introduced by Assembly Member Chu
February 17, 2017

 An act to add Section 92.1 to the Streets and Highways Code, relating to transportation. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1395, as amended, Chu. State highways: uniform financial Department of Transportation: litter, debris, and graffiti remediation plan.

Existing law provides that the Department of Transportation has full possession and control of all state highways and associated property, and sets forth the powers and duties of the department with respect to the operation, maintenance, and improvement of state highways.This bill would require the department, on or before January 1, 2019, 2020, to develop a uniform financial plan to remediate debris to maintain and preserve the state highway and freeway systems. The bill would require the uniform financial plan to litter, debris, and graffiti remediation plan, which would both address the buildup of litter and debris along state highways and freeways, the graffiti along state highways and freeways, and the delay between when the department is notified that an area contains litter, debris, or graffiti and when the area is remediated, and include recommendations that to modify or establish state processes or policy to allow a municipality to carry out obligations specified in the plan with reimbursement provided by the state. By imposing new duties on local municipalities, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law provides that the Department of Transportation has full possession and control of all state highways and associated property, and sets forth the powers and duties of the department with respect to the operation, maintenance, and improvement of state highways.

This bill would require the department, on or before January 1, 2019, 2020, to develop a uniform financial plan to remediate debris to maintain and preserve the state highway and freeway systems. The bill would require the uniform financial plan to litter, debris, and graffiti remediation plan, which would both address the buildup of litter and debris along state highways and freeways, the graffiti along state highways and freeways, and the delay between when the department is notified that an area contains litter, debris, or graffiti and when the area is remediated, and include recommendations that to modify or establish state processes or policy to allow a municipality to carry out obligations specified in the plan with reimbursement provided by the state. By imposing new duties on local municipalities, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.



This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.



## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) Maintenance of our state highways and freeways is a long-standing problem in California.(b) Litter, debris, and graffiti along California highways and freeways create unsightly scenes.(c) When the Department of Transportation is unable to clean up the litter, debris, and graffiti, or falls behind with its remediation efforts, often times cities are left to fulfill those responsibilities.SECTION 1.SEC. 2. Section 92.1 is added to the Streets and Highways Code, to read:92.1. (a) (1) On or before January 1, 2019, 2020, the department shall develop a uniform financial plan to remediate debris to maintain and preserve the state highway and freeway systems. litter, debris, and graffiti remediation plan.(2) The department may update the plan. shall consult with interested stakeholders, which may include city and county officials, to develop the plan.(b) The plan shall address all of the following problems:(1) The buildup of litter and debris along state highways and freeways.(2) The graffiti along state highways and freeways.(3) The delay between when the department is notified that an area contains litter, debris, or graffiti and when the area is remediated.(b)(c) The uniform financial plan shall include recommendations that to modify or establish state processes or policy to allow a municipality to carry out obligations specified in the plan with reimbursement provided by the state.SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following:(a) Maintenance of our state highways and freeways is a long-standing problem in California.(b) Litter, debris, and graffiti along California highways and freeways create unsightly scenes.(c) When the Department of Transportation is unable to clean up the litter, debris, and graffiti, or falls behind with its remediation efforts, often times cities are left to fulfill those responsibilities.

SECTION 1. The Legislature finds and declares all of the following:(a) Maintenance of our state highways and freeways is a long-standing problem in California.(b) Litter, debris, and graffiti along California highways and freeways create unsightly scenes.(c) When the Department of Transportation is unable to clean up the litter, debris, and graffiti, or falls behind with its remediation efforts, often times cities are left to fulfill those responsibilities.

SECTION 1. The Legislature finds and declares all of the following:

### SECTION 1.

(a) Maintenance of our state highways and freeways is a long-standing problem in California.

(b) Litter, debris, and graffiti along California highways and freeways create unsightly scenes.

(c) When the Department of Transportation is unable to clean up the litter, debris, and graffiti, or falls behind with its remediation efforts, often times cities are left to fulfill those responsibilities.

SECTION 1.SEC. 2. Section 92.1 is added to the Streets and Highways Code, to read:92.1. (a) (1) On or before January 1, 2019, 2020, the department shall develop a uniform financial plan to remediate debris to maintain and preserve the state highway and freeway systems. litter, debris, and graffiti remediation plan.(2) The department may update the plan. shall consult with interested stakeholders, which may include city and county officials, to develop the plan.(b) The plan shall address all of the following problems:(1) The buildup of litter and debris along state highways and freeways.(2) The graffiti along state highways and freeways.(3) The delay between when the department is notified that an area contains litter, debris, or graffiti and when the area is remediated.(b)(c) The uniform financial plan shall include recommendations that to modify or establish state processes or policy to allow a municipality to carry out obligations specified in the plan with reimbursement provided by the state.

SECTION 1.SEC. 2. Section 92.1 is added to the Streets and Highways Code, to read:

### SECTION 1.SEC. 2.

92.1. (a) (1) On or before January 1, 2019, 2020, the department shall develop a uniform financial plan to remediate debris to maintain and preserve the state highway and freeway systems. litter, debris, and graffiti remediation plan.(2) The department may update the plan. shall consult with interested stakeholders, which may include city and county officials, to develop the plan.(b) The plan shall address all of the following problems:(1) The buildup of litter and debris along state highways and freeways.(2) The graffiti along state highways and freeways.(3) The delay between when the department is notified that an area contains litter, debris, or graffiti and when the area is remediated.(b)(c) The uniform financial plan shall include recommendations that to modify or establish state processes or policy to allow a municipality to carry out obligations specified in the plan with reimbursement provided by the state.

92.1. (a) (1) On or before January 1, 2019, 2020, the department shall develop a uniform financial plan to remediate debris to maintain and preserve the state highway and freeway systems. litter, debris, and graffiti remediation plan.(2) The department may update the plan. shall consult with interested stakeholders, which may include city and county officials, to develop the plan.(b) The plan shall address all of the following problems:(1) The buildup of litter and debris along state highways and freeways.(2) The graffiti along state highways and freeways.(3) The delay between when the department is notified that an area contains litter, debris, or graffiti and when the area is remediated.(b)(c) The uniform financial plan shall include recommendations that to modify or establish state processes or policy to allow a municipality to carry out obligations specified in the plan with reimbursement provided by the state.

92.1. (a) (1) On or before January 1, 2019, 2020, the department shall develop a uniform financial plan to remediate debris to maintain and preserve the state highway and freeway systems. litter, debris, and graffiti remediation plan.(2) The department may update the plan. shall consult with interested stakeholders, which may include city and county officials, to develop the plan.(b) The plan shall address all of the following problems:(1) The buildup of litter and debris along state highways and freeways.(2) The graffiti along state highways and freeways.(3) The delay between when the department is notified that an area contains litter, debris, or graffiti and when the area is remediated.(b)(c) The uniform financial plan shall include recommendations that to modify or establish state processes or policy to allow a municipality to carry out obligations specified in the plan with reimbursement provided by the state.



92.1. (a) (1) On or before January 1, 2019, 2020, the department shall develop a uniform financial plan to remediate debris to maintain and preserve the state highway and freeway systems. litter, debris, and graffiti remediation plan.

(2) The department may update the plan. shall consult with interested stakeholders, which may include city and county officials, to develop the plan.

(b) The plan shall address all of the following problems:

(1) The buildup of litter and debris along state highways and freeways.

(2) The graffiti along state highways and freeways.

(3) The delay between when the department is notified that an area contains litter, debris, or graffiti and when the area is remediated.

(b)



(c) The uniform financial plan shall include recommendations that to modify or establish state processes or policy to allow a municipality to carry out obligations specified in the plan with reimbursement provided by the state.



If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.