AMENDED IN SENATE JUNE 17, 2026
AMENDED IN ASSEMBLY MAY 23, 2025
AMENDED IN ASSEMBLY APRIL 21, 2025
AMENDED IN ASSEMBLY MARCH 24, 2025
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
94
Introduced by Assembly Members Jeff Gonzalez and Wallis
February 20, 2025
An act to amend Section 21104 of the Vehicle Code, relating to vehicles.
Vote: majority Appropriation: no Fiscal committee: yes Local program: no
LEGISLATIVE COUNSEL’S DIGEST
Existing law authorizes local authorities, for those highways under their jurisdiction, to adopt rules and regulations by ordinance or resolution, on various matters, including regulating traffic by means of specified official traffic control devices and prohibiting the use of particular highways by certain vehicles. Existing law authorizes specified proposed ordinances or resolutions to be effective as to any state highway or part thereof if the proposed ordinance or resolution is submitted to the Department of Transportation for approval prior to the enactment, as specified.
This bill would require the Department of Transportation, when reviewing and approving or rejecting an ordinance or resolution that has been submitted to the department for approval by a local authority, to consider the costs of the proposed ordinance or resolution compared to any possible alternative solution to the issue that the proposed ordinance or resolution is addressing and to provide written reasons and justifications for a rejection.
The people of the State of California do enact as follows:
SECTION 1.
Section 21104 of the Vehicle Code is amended to read:
21104.
(a) An ordinance or resolution proposed to be enacted under Section 21101 or subdivision (d) of Section 21100 is not effective as to any highway not under the exclusive jurisdiction of the local authority enacting the same, except that an ordinance or resolution submitted to the Department of Transportation by a local authority for approval, in complete form and prior to the enactment of the ordinance or resolution, is effective as to any state highway or part thereof specified in the written approval of the department.
(b) The Department of Transportation shall do both of the following when reviewing, and approving or rejecting, a proposed ordinance or resolution that has been submitted to the department for approval by a local authority pursuant to subdivision (a):
(1) Consider the costs of the proposed ordinance or resolution compared to any possible alternative solution to the issue that the proposed ordinance or resolution is addressing.
(2) If the department rejects the proposed ordinance or resolution, provide written reasons and justifications for the rejection to the submitting local authority.
(c) This section does not preclude the application of an ordinance or resolution adopted under Section 21101 or subdivision (d) of Section 21100 to streets maintained by a community services district organized pursuant to Division 3 (commencing with Section 61000) of Title 6 of the Government Code. An ordinance or resolution enacted by a local authority pursuant to subdivision (c) of Section 21101 may impose a fine or penalty of up to one hundred dollars ($100) for a violation of this code.