Section 2621 - DefinitionsAll terms defined in this article are applicable to terms used in Title 21, Division 2, Chapter 23. These terms have the following meanings:
(a) "Adopter" means an individual, organization, agency, or business that has been issued a Permit.(b) "Adoption Site" means the section of State highway right-of-way to be adopted. An adoption site can include one or both directions of a highway roadside. "Adoption site" and "site" are used interchangeably throughout the Regulations text.(c) "Adoption Task" means a specific beautification or maintenance activity authorized under a Permit.(d) "Adoption Type" means one of several standardized participation opportunities described in Section 2623(b). For example, litter removal is an adoption type.(e) "Applicant" means an individual, organization, agency, or business who has submitted a Program Application.(f) "Attachment A" means the Form MTCE-09, Attachment A (Adopt-A-Highway Special Provisions) (Rev. 07/09) which is incorporated by reference. This form is included in the adopter's Permit package and contains information obtained during a site review such as safe site access, appropriate work methods, and work frequency. Attachment A also lists Caltrans contact information.(g) "Caltrans" means the California Department of Transportation.(h) "Caltrans Policy" means Caltrans Director's Policy DP-01-R6, Equal Employment Opportunity (Rev. 07/06) which is incorporated by reference. This policy ensures Caltrans employees a work environment free from all forms of discrimination and harassment. Retaliation against Caltrans employees who are engaged in the implementation of the policy would constitute a violation of this policy.(i) "Contractor" means the maintenance service provider who has been hired to perform adoption tasks for a sponsored adoption.(j) "Contractor's Crew Leader" means the person responsible for supervising work performed by the contractor's crew at the adoption site.(k) "Courtesy Sign" means the sign placed to recognize the adopter.(l) "Deputy District Director, Maintenance" means the senior officer for the Division of Maintenance in a Caltrans District office.(m) "Displaced Adopter Status" means a preferential waiting list placement status. This status is given to adopters who are forced to give up their adoption site because of construction or other circumstance. Displaced adopter status is discussed in Section 2640.(n) "District" means one of the twelve Caltrans districts. Each district consists of one or more California counties.(o) "District Coordinator" means the Caltrans District Adopt-A-Highway Coordinator or the Caltrans Assistant District Adopt-A-Highway Coordinator.(p) "District Permit Engineer" means an individual authorized to sign Permits for a district's Division of Traffic Operations.(q) "Group Leader" or "Alternate Group Leader" means the members of a volunteer group who have been designated to serve as liaison with Caltrans, to provide safety training to group members, and to supervise work performed at the adoption site.(r) "Instructions for Preparing Plans and Schedules" means one or more of the instructional handouts given to applicants for vegetation control and planting adoptions. Each handout lists items which must be included in the applicant's plan(s) and work schedule. The following handouts are incorporated by reference:(1) Preparing a Vegetation Control Site Plan and Work Schedule (Rev. 07/09).(2) Preparing Tree and Shrub Planting Plans and Work Schedule (Rev. 07/09).(3) Preparing Wildflower Planting Plans and Work Schedule (Rev. 07/09).(4) Instructions for Using Mulch (Rev. 09/09).(5) Caltrans Licensing Requirements for Adopt-A-Highway Volunteers Using Herbicides (Rev. 02/06).(s) "Maintenance Supervisor" means the Caltrans Maintenance Supervisor who is responsible for the area where an adoption site is located. The maintenance supervisor (or his/her designee) is the person who performs site reviews, conducts safety orientations, and monitors adopter's performance.(t) "Median" means a paved or planted strip that divides a highway into two directions of travel.(u) "Obscene" means the material must have all of the following three characteristics: (1) An average person, applying contemporary community standards, must find that the material as a whole, appeals to the prurient interest;(2) The material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law; and(3) The material, taken as a whole, must lack serious literary, artistic, political, or scientific value.(v) "Organization" means an association, a society, a club, or a group of individuals joined by a common purpose. Organizations do not need to have a charter, bylaws, or other governing instrument in order to participate.(w) "Participant" means any individual who performs adoption tasks.(x) "Permit" means the Form TR-0121, Encroachment Permit (Adopt-A-Highway) (Rev. 02/08) which is incorporated by reference. This form is included in the adopter's Permit package and authorizes the adopter to perform specific tasks on Caltrans right-of-way.(y) "Permit Application" means the Form TR-0103, Adopt-A-Highway Permit Application (Rev. 09/09) which is incorporated by reference. A Permit Application is used to apply for a Permit for a specific site.(z) "Permit Package" means all of the documentation issued by Caltrans and sent to the adopter once an adoption has been approved. In its entirety, the Permit package is the written agreement between Caltrans and the adopter.(1) All Permit packages include a Permit, an Attachment A, and Special Provisions.(2) Permit packages for adoptions that involve vegetation control and/or planting also contain approved plans and schedules.(aa) "Permit Provisions" means the participation rules and conditions set forth in the Permit package.(bb) "Plans and Schedules" means a site plan or planting plan, a work plan, and a work schedule. These documents are prepared and submitted by vegetation control and planting adoption applicants during the Permit Application process. Submitted plans and schedules must be approved by Caltrans before a Permit can be issued.(cc) "Planting Plan" means a plan (or map) that illustrates the location of a planting site within the highway right-of-way. The plan must show where plants or seeds are to be planted and list their quantity and species.(dd) "Program" means the Adopt-A-Highway Program. The Program is administered by the Caltrans Division of Maintenance, Office of Roadside Maintenance.(ee) "Program Application" means the Form MTCE-018, Adopt-A-Highway Program Application (Rev. 07/09) which is incorporated by reference. Submission of a Program Application is the first step in the adoption process.(ff) "Program Internet Site" means the Program's public web site where forms, handouts, and other publications can be obtained. The site's address is: http://adopt-a-highway.dot.ca.gov.(gg) "Recognition Panel" means the white, rectangular portion of the courtesy sign where the adopter's name is displayed.(hh) "Safety Orientation" means a safety training session given by Caltrans for adopters.(ii) "Sexually Explicit" means any reference to sexual intercourse, sexual abuse, the genitals or pubic area of a person.(jj) "Site Plan" means a plan (or map) that illustrates the location of a vegetation control site within the highway right-of-way.(kk) "Special Provisions" means the Form TR-0156, Adopt-A-Highway Permit Special Provisions (Rev. 09/09) which is incorporated by reference. This three-page document is included in the adopter's Permit package and lists standardized Program rules.(ll) "Sponsor" means an adopter who has hired a contractor to perform adoption tasks.(mm) "Sponsored Adoption" means an adoption where the adopter has hired a contractor to perform adoption tasks.(nn) "Successive Permit" means a new Permit issued upon expiration of an existing Permit to the same adopter at the same site.(oo) "Statewide Coordinator" means the Caltrans Statewide Adopt-A-Highway Coordinator or Caltrans Assistant Statewide Adopt-A-Highway Coordinator.(pp) "Turnaround Time" means the number of days a graffiti removal adopter has to paint over graffiti after being notified of the graffiti's existence on an adopted structure.(qq) "Vegetation Control Plan" means a plan that lists permissible methods for controlling different kinds of vegetation at various locations in a district. Vegetation control plans are updated on an annual basis by each district. During a site review, a maintenance supervisor refers to the vegetation control plan to ensure that methods authorized for use by adopters are compliant with methods listed in the plan.(rr) "Volunteer Adoption" means an adoption where the adopter performs adoption tasks using the adopter's own forces.(ss) "Work Plan" means a plan that identifies tasks to be accomplished and methods used to accomplish them. These include site preparation, initial planting, vegetation and/or weed control, and maintenance operations to be performed throughout the Permit period.(tt) "Work Schedule" means a list of dates for performing activities described in a planting plan or work plan.Cal. Code Regs. Tit. 21, § 2621
1. New article 2 (section 2621) and section filed 1-21-2010; operative 1-21-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 4). Note: Authority cited: Section 91.5, Streets and Highways Code. Reference: Sections 91.5 and 92, Streets and Highways Code.
1. New article 2 (section 2621) and section filed 1-21-2010; operative 1-21-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 4).