Official Summary Text
SB 569, as amended, Blakespear.
Department of Transportation: homeless encampments.
Bikeways: removal or reduction of the physical separation: required findings.
Existing law grants the legislative body of a city certain powers with respect to city streets and highways, including the power to construct and maintain those streets and highways. Existing law grants the board of supervisors of a county general supervision, management, and control of county highways and authorizes the board of supervisors to lay out, construct, improve, and maintain county highways.
Existing law authorizes the governing body of a city, county, or local agency to, among other things, establish bikeways, as defined and classified. Existing law requires the Department of Transportation, in cooperation with county and city governments, to establish minimum safety design criteria for the planning and construction of each type of bikeway and of
roadways where bicycle travel is permitted, and requires all city, county, regional, and other local agencies responsible for the development or operation of bikeways or roadways where bicycle travel is permitted to utilize the minimum safety design criteria.
This bill would prohibit a city, county, regional, or other local agency from removing, or reducing the physical separation of, a Class I, II, III, or IV bikeway, or segment of a Class I, II, III, or IV bikeway, without a replacement of equivalent or greater safety and connectivity, unless the agency makes specified findings prepared or reviewed and certified by a licensed engineer. The bill would require the findings to be adopted by resolution at a regularly noticed public meeting, and the supporting technical analysis to be made available for public review not less than 30 days before the public meeting.
The bill would include findings that changes
proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Existing law vests the Department of Transportation with full possession and control of the state highway system, including associated property, and authorizes the department to require the removal of any encroachment in, under, or over any state highway. Existing law authorizes the department to establish maintenance programs related to highway cleanup, as specified.
This bill would require the department to establish a dedicated liaison to, among other things, facilitate communication with local governments and relevant state agencies with regard to addressing homeless encampments within the state highway system and to oversee the development and implementation of delegated maintenance agreements between
local agencies and the department in which both work together to reduce and remove homeless encampments within the department’s jurisdiction. The bill would authorize the department to grant a single general entry permit for the duration of a delegated maintenance agreement to conduct activities authorized by the bill. The bill would require the department to submit an annual report to the Legislature summarizing specified information and recommendations regarding homeless encampments.