Amended  IN  Senate  March 10, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 635

Introduced by Senator Gonzalez

February 19, 2021

An act to amend Section 123225 of the Health and Safety Code, relating to public health. add Article 3.5 (commencing with Section 735) to Chapter 3 of Division 1 of the Streets and Highways Code, relating to state highways.


LEGISLATIVE COUNSEL'S DIGEST


SB 635, as amended, Gonzalez. Maternal and child health. Cleanup activities on state highways, rights-of-way, off ramps, and homeless encampments.
Existing law establishes the Department of Transportation and vests it with full possession and control of all state highways and all property and rights in property acquired for state highway purposes. Existing law authorizes the department to establish maintenance programs related to highway cleanup, as specified. Existing law establishes the Independent Office of Audits and Investigation within the department, whose director has the title of Inspector General. Existing law requires the office to ensure that the department, and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and federal requirements.
This bill would require the department, in collaboration with the Inspector General, to review, audit, and efficiently coordinate cleanup activities related to state highways, rights-of-way, off ramps, and homeless encampments. The bill would require the department, in collaboration with the Inspector General, to consult with each local department district and solicit information from other agencies, as specified. The bill would also require the department, in collaboration with the Inspector General, to submit an assessment of the cleanup program, as specified, to the Legislature on or before January 1, 2023. These provisions would remain in effect until January 1, 2024.
This bill would also require the department to establish an advisory board in coordination with state and local agencies for the ongoing planning and coordination of cleanup activities related to state highways, rights-of-way, off ramps, and homeless encampments. The bill would require each local department district to develop cleanup schedules once every two weeks and post these schedules on their internet website.

Existing law requires the State Department of Public Health to maintain a program of maternal and child health.

This bill would make a technical, nonsubstantive change to these provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Article 3.5 (commencing with Section 735) is added to Chapter 3 of Division 1 of the Streets and Highways Code, to read:
Article  3.5. State Highway Cleanup Activities.

735.
 For purposes of this article, the following definitions apply:
(a) “Inspector General” means the director of the Independent Office of Audits and Investigations in the department, as described in Section 14460 of the Government Code.
(b) “Local Caltrans district” means District-1 to District-12, inclusive, established by the department.

736.
 (a) The department, in collaboration with the Inspector General, shall review, audit, and efficiently coordinate cleanup activities related to state highways, rights-of-way, off ramps, and homeless encampments.
(b) (1) The department, in collaboration with the Inspector General, shall consult with each local Caltrans district and solicit information from health and safety agencies, mental health agencies, law enforcement agencies, nonprofit organizations, and any other federal, state, or local agencies or organizations who have jurisdiction over the maintenance and safety of roads and highways or that coordinate with the department for highway cleanup activities purposes.
(2) A local agency shall not be required to participate in any of the activities described in paragraph (1).
(3) The department shall inform local agencies on an annual basis of any opportunities to participate in the activities described in paragraph (1).
(c) (1) On or before January 1, 2023, and annually updated to include the information described in paragraph (2), the department, in collaboration with the Inspector General, shall submit an assessment to the Legislature that shall include all of the following:
(A) Information on how the current cleanup activities are planned and executed in each local Caltrans district, including information on the efficiency of the Adopt-A-Highway program.
(B) A summary of the barriers for the adequate and efficient coordination of cleanup activities related to state highways, rights-of-way, off ramps, and homeless encampments, including any identified statutory, funding, or regulatory gaps for efficient cleanup activities related to state highways, rights-of-way, off ramps, and homeless encampments.
(C) Proposed strategies for bringing resources and leveraging coordination with health and safety agencies, mental health agencies, law enforcement agencies, nonprofit organizations, and any other federal, state, or local agencies or organizations with jurisdiction over the maintenance and safety of roads and highways at both the agency and district level.
(D) Recommendations to address homeless encampments and opportunities to develop comprehensive strategies to maximize the health and safety of workers and the homeless population.
(E) Recommendations for statutory or regulatory changes, or both, needed to better keep state rights-of-way clean and safe.
(2) As part of the assessment required by this subdivision, and annually thereafter, the department, in collaboration with the Inspector General, shall submit information regarding the number of cleanup activities, the number of customer service requests received, and the number of service requests resolved in each local Caltrans district in a given month.
(3) The assessment required by this subdivision shall be submitted to the Legislature pursuant to Section 9795 of the Government Code.
(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2024, deletes or extends that date.

737.
 The department shall establish an advisory board in coordination with relevant state agencies, and those local agencies who wish to participate, for the ongoing planning and coordination of cleanup activities related to state highways, rights-of-way, off ramps, and homeless encampments.

738.
 Each local Caltrans district shall develop cleanup schedules once every two weeks and post these schedules on its internet website.

SECTION 1.Section 123225 of the Health and Safety Code is amended to read:
123225.

The State Department of Public Health shall maintain a program of maternal and child health.