Cal. Code Regs. Tit. 19, § 2945 - Streets, Roads, and Bridges

(a) General Eligibility

Existing streets, roads, and bridges, maintained with Highway Users Tax Funds by an eligible applicant, are eligible for permanent repair or replacement.

(b) Limitations of Eligibility

(1) Permanent restoration of damaged or destroyed facilities will be on the basis of the predisaster design of such facility, in conformity with current codes, standards, and approved hazard mitigation, to accommodate present day traffic; and,

(2) If no standards are applicable, repair or replacement shall be limited to the costs of returning the facility to predisaster design and approved hazard mitigation.

(c) Criteria for Roads and Streets

(1) Hard road surfacing damaged to an extent as to make patching impractical may be replaced to its predisaster condition to provide an all-weather road to permit normal flow of traffic;

(2) Roads and streets in urban areas where necessary repairs are required from curb to curb are eligible;

(3) Items such as manholes and curbs damaged by the disaster are eligible;

(4) Public sidewalks are eligible for repair or replacement if they are within the right-of-way and are the responsibility of the local agency;

(5) Repairs to alleys which provide an essential service and are the responsibility of the local agency are eligible;

(6) Repair or replacement of traffic control signs and signal lights are eligible;

(7) Gravel and unimproved roads subject to width limitations are eligible providing the repairs do not constitute an improvement over their predisaster condition unless said improvements comply with an approved hazard mitigation project; and,

(8) Shoulders and embankments are eligible for repair or replacement.

(d) Criteria for Bridges and Crossings

(1) Construction of bridges and crossings will follow the local agency's current standard of design. Estimates will be prepared on a state DSR (Cal EMA 90, Rev. 12/09, incorporated by reference) with a Bridge Survey completed as an attachment;

(2) Publicly owned water and sewer lines or utility services carried by an existing bridge which has been damaged or destroyed are eligible. The scope of proposed work and estimated cost shall be shown separately on a state DSR (Cal EMA 90, Rev. 12/09, incorporated by reference);

(3) Where an essential bridge has been destroyed or damaged to an extent that repair or replacement is not technically or economically feasible, an alternate method of replacement may be approved by the inspector. If it can be shown that current codes and standards are being met and no greater costs are involved, or if additional project costs meet the regulatory criteria for state hazard mitigation, the applicant may construct a bridge substitute such as a culvert crossing or low-water crossing at the original location, or at an alternate site. If an alternate site is chosen, the cost of acquisition of real estate or right-of-way for relocation purposes must be borne by the applicant; and,

(4) Bridges (including foot bridges) not owned by and not the direct responsibility of the local agency are ineligible.

(e) Criteria for Culverts and Low-Water Crossings

(1) Capacity of a replacement culvert will be based on the predisaster design, in conformity with present-day standards or an approved hazard mitigation design; and,

(2) The cost of replacing a damaged or destroyed culvert or crossing with one that will more adequately serve the present and future public needs may be authorized on the basis of the predisaster design, in conformity with current codes and standards or by an approved hazard mitigation project.

Notes

Cal. Code Regs. Tit. 19, § 2945

1. New section filed 10-19-90 as an emergency; operative 10-29-90. Submitted to OAL for printing only pursuant to Government Code section 8682.9 (Register 91, No. 2). A Certificate of Compliance must be submitted to OAL by 2-26-91 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-7-91 as an emergency; operative 3-7-91. Submitted to OAL for printing only pursuant to Government Code section 8682.9 (Register 91, No. 16). A Certificate of Compliance must be submitted to OAL by 7-5-91 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of HISTORY 1. (Register 91, No. 16).
4. Readoption of emergency filed 3-7-91; operative 3-7-91. Readoption filed 7-2-91, pursuant to Government Code section 8682.9; operative 7-2-91 (Register 91, No. 40).
5. New section refiled 10-30-91 as an emergency; operative 10-30-91 (Register 92, No. 6). A Certificate of Compliance must be transmitted to OAL 2-27-92 or emergency language will be repealed by operation of law on the following day.
6. New section filed 9-30-92; operative 10-30-92 (Register 92, No. 41).
7. Amendment of subsections (d)(1)-(2) filed 8-30-2001 as an emergency; operative 8-30-2001 (Register 2001, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 8-30-2001 order transmitted to OAL 12-26-2001 and filed 2-8-2002 (Register 2002, No. 6).
9. Change without regulatory effect amending subsections (d)(1)-(2) filed 12-19-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 51).
10. Amendment of subsections (b)(1)-(2), (b)(7), (d)(3) and (e)(1)-(2) filed 11-14-2008; operative 12-14-2008 (Register 2008, No. 46).
11. Change without regulatory effect amending subsections (d)(1)-(2) and NOTE filed 5-12-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 20).

Note: Authority cited: Sections 8585 and 8682.9, Government Code. Reference: Sections 8585, 8685 and 8686.6, Government Code.

1. New section filed 10-19-90 as an emergency; operative 10-29-90. Submitted to OAL for printing only pursuant to Government Code section 8682.9 (Register 91, No. 2). A Certificate of Compliance must be submitted to OAL by 2-26-91 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-7-91 as an emergency; operative 3-7-91. Submitted to OAL for printing only pursuant to Government Code section 8682.9 (Register 91, No. 16). A Certificate of Compliance must be submitted to OAL by 7-5-91 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of History 1. (Register 91, No. 16).
4. Readoption of emergency filed 3-7-91; operative 3-7-91. Readoption filed 7-2-91, pursuant to Government Code section 8682.9; operative 7-2-91 (Register 91, No. 40).
5. New section refiled 10-30-91 as an emergency; operative 10-30-91 (Register 92, No. 6). A Certificate of Compliance must be transmitted to OAL 2-27-92 or emergency language will be repealed by operation of law on the following day.
6. New section filed 9-30-92; operative 10-30-92 (Register 92, No. 41).
7. Amendment of subsections (d)(1)-(2) filed 8-30-2001 as an emergency; operative 8-30-2001 (Register 2001, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 8-30-2001 order transmitted to OAL 12-26-2001 and filed 2-8-2002 (Register 2002, No. 6).
9. Change without regulatory effect amending subsections (d)(1)-(2) filed 12-19-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 51).
10. Amendment of subsections (b)(1)-(2), (b)(7), (d)(3) and (e)(1)-(2) filed 11-14-2008; operative 12-14-2008 (Register 2008, No. 46).
11. Change without regulatory effect amending subsections (d)(1)-(2) and Note filed 5-12-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 20).