Amended  IN  Senate  April 27, 2021
Amended  IN  Senate  March 10, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 635

Introduced by Senator Gonzalez
(Principal coauthor: Assembly Member Boerner Horvath)
(Coauthor: Senator Rubio)
(Coauthor: Assembly Member Luz Rivas)

February 19, 2021

An act to 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. 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 department to 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 encampments on department-owned property and solicit information from from, and coordinate with, other agencies, agencies about highway cleanup activities, as specified. The bill would also require the department, in collaboration with the Inspector General, department to submit an assessment a specified report of the cleanup program, as specified, cleanup activities to the Legislature on or before January 1, 2023. These provisions would remain in effect until January 1, 2024. The bill would require the Inspector General to submit a specified report to the Legislature on cleanup activities within each local department district to the Legislature on or before January 1, 2023, and annually thereafter.
This bill would also require the department to establish an advisory board in coordination with of the relevant 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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, department shall review, audit, and efficiently coordinate cleanup activities related to state highways, rights-of-way, off ramps, and homeless encampments. encampments on department-owned property.
(b) (1) The department, in collaboration with the Inspector General, shall consult with each local Caltrans district and In coordinating cleanup activities related to state highways, rights-of-way, off ramps, and homeless encampments, the department shall solicit information from from, and coordinate with, health and safety agencies, mental health agencies, law enforcement agencies, continuum of care entities, 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, the department shall submit an assessment a report 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) 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)

(B) 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)

(C) Recommendations to address homeless encampments and opportunities to develop comprehensive strategies to maximize the health and safety of workers and the homeless population.

(E)

(D) 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.

(2) (A) On or before January 1, 2023, and annually thereafter, the Inspector General shall submit a report to the Legislature that shall include both of the following:
(i) Information on how the cleanup activities are planned and executed in each local Caltrans district, including information on the prevalence and efficiency of the Adopt-A-Highway program.
(ii) Information regarding the number of cleanup activities, including the number of customer service requests received and resolved in each local Caltrans district by month.
(B) For purposes of this report, each Caltrans district shall maintain records on both of the following:
(i) The number of customer service requests received and resolved, by month.
(ii) The number of Adopt-A-Highway program applications, the number of current Adopt-A-Highway entities, the number of cleanups conducted by those Adopt-A-Highway entities, and the total amount of debris removed by the programs.
(3) The assessment reports 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 of the 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.