BILL NUMBER: AB 2521	ENROLLED
	BILL TEXT

	PASSED THE ASSEMBLY  AUGUST 28, 2002
	PASSED THE SENATE  AUGUST 27, 2002
	AMENDED IN SENATE  AUGUST 13, 2002
	AMENDED IN ASSEMBLY  MAY 6, 2002
	AMENDED IN ASSEMBLY  APRIL 10, 2002

INTRODUCED BY   Assembly Member La Suer
   (Coauthors:  Senators Ortiz and Torlakson)

                        FEBRUARY 21, 2002

   An act to add and repeal Section 21450.5 of the Vehicle Code,
relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2521, La Suer.    Traffic-actuated signals:  bicycles:
motorcycles.
   Existing law provides for official traffic control devices.
   This bill would include as an official traffic control device a
traffic-actuated signal that displays one or more of its indications
in response to the presence of traffic detected by mechanical,
visual, electrical, or other means.  This bill would further provide
that, upon the first placement or replacement of a traffic-actuated
signal, it shall be installed and maintained so as to detect lawful
bicycle or motorcycle traffic on the roadway, as specified.  This
bill would require the Commission on State Mandates to consult with
the Department of Transportation regarding mandate claims relating to
these provisions, as specified.  This bill would provide that its
provisions would remain in effect until January 1, 2008, and would be
repealed on that date.  By imposing new duties on local government,
this bill would impose a state-mandated local program upon local
governments.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  (a) The Legislature hereby finds and declares the
following:
   (1) Bicyclists and motorcyclists are legitimate users of roadways
in California.
   (2) Traffic-actuated signals that do not detect bicycle or
motorcycle traffic pose a danger to law-abiding bicyclists and
motorcyclists.
   (b) It is the intent of the Legislature in enacting this act to
better protect law-abiding bicyclists and motorcyclists.
  SEC. 2.  Section 21450.5 is added to the Vehicle Code, to read:
   21450.5.  (a) A traffic-actuated signal is an official traffic
control signal, as specified in Section 445, that displays one or
more of its indications in response to the presence of traffic
detected by mechanical, visual, electrical, or other means.
   (b) Upon the first placement or replacement of a traffic-actuated
signal, the traffic-actuated signal shall, to the extent feasible and
in conformance with professional traffic engineering practice, be
installed and maintained so as to detect lawful bicycle or motorcycle
traffic on the roadway.
   (c) Cities, counties, and cities and counties shall not be
required to comply with the provisions contained in subdivision (b)
until the Department of Transportation, in consultation with these
entities, has established uniform standards, specifications, and
guidelines for the detection of bicycles by traffic-actuated signals
and related signal timing.
  (d) This section shall remain in effect only until January 1, 2008,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2008, deletes or extends that date.

  SEC. 3.  The Commission on State Mandates shall consult with the
Department of Transportation when it develops parameters and
guidelines for any mandate claim arising from the enactment of these
provisions to ensure that eligible reimbursement is limited solely to
the incremental costs of installing sensor wiring that can detect
bicycle or motorcycle traffic.
  SEC. 4.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.