(a) The department may make and enter into any contracts in the manner provided by law that are required for performance of its duties, including with federally recognized Indian tribes and entities owned by those tribes.

(b) To implement off-reservation traffic impact mitigation contracts with federally recognized Indian tribes, or entities owned by those tribes, all of the following shall apply:

Terms Used In California Streets and Highways Code 94

  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the Department of Transportation of this state. See California Streets and Highways Code 20
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.

(1) The contract shall provide for the full reimbursement of expenses and costs incurred by the department in the exercise of its contractual responsibilities. Funds for the project shall be placed in an escrow account before project development.

(2) The proposed transportation project shall comply with all applicable state and federal environmental impact and review requirements, including, but not limited to, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

(3) The department’s work on the transportation project under the contract shall not jeopardize or adversely affect the completion of other transportation projects included in the adopted State Transportation Improvement Program.

(4) The transportation project is included in or consistent with the affected regional transportation plan.

(Amended by Stats. 2023, Ch. 137, Sec. 1. (AB 630) Effective January 1, 2024.)

  Previous section
Next section  
 Article 3 Contents