BILL ANALYSIS Ó
AB 819
Page 1
Date of Hearing: January 9, 2012
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 819 (Wieckowski) - As Amended: January 4, 2012
SUBJECT : Bicycle project design criteria
SUMMARY : Authorizes the consideration of bicycle safety
guidelines established by either the American Association of
State Highway and Transportation Officials or the National
Association of City Transportation Officials by local entities
when developing bicycle projects.
EXISTING LAW :
1)Requires the California Department of Transportation
(Caltrans), in cooperation with county and city governments, to
establish minimum safety design criteria for the planning and
construction of bikeways. Caltrans adopts these rules as the
California Manual on Uniform Traffic Control Devices (the
California MUTCD), which among other things, prescribes
guidance for the design and development of bicycle projects.
2)Provides that only those official traffic control devices
conforming to the standards promulgated by Caltrans shall be
placed on a highway.
3)Requires all city, county, regional, and other local agencies
responsible for the development or operation of bikeways or
roadways where bicycle travel is permitted to utilize all
minimum safety design criteria and uniform specifications and
symbols for signs, markers, and traffic control devices as
adopted by Caltrans.
4)Enacts the Complete Streets Act of 2008 (Act), pursuant to AB
1358 (Leno) Chapter 657, Statutes of 2008, to ensure better
accommodation for all users of streets, roads, and highways.
Specifically, the Act required the Office of Planning and
Research to amend its "General Plan Guidelines" for the
circulation element to specify how local officials can
accommodate safe and convenient travel for all roadway users.
The Act also required cities and counties, upon any substantive
revision, to modify their circulation elements to plan to
achieve a balanced multi-modal transportation network that
AB 819
Page 2
meets the needs of all users of streets, roads, and highways.
FISCAL EFFECT : Unknown
COMMENTS : According to the author, the intent of this bill is
"to expedite the development of bikeways that have proved to
safely accommodate and attract many more people to bicycling for
transportation. This bill will accomplish that by approving many
designs that are currently effectively prohibited and by
substantially reducing the bureaucratic costs of developing such
bikeways. More bicycling is a very effective way to achieve many
of our state's goals: healthier people, fewer traffic injuries,
stronger economy, and reduced greenhouse gases."
In furtherance of this goal, the bill would authorize the
consideration of guidelines as adopted by the American
Association of State Highway and Transportation Officials
(AASHTO) or a guidance document as recently published by the
National Association of City Transportation Officials (NACTO).
The sponsor of this bill asserts that the NACTO publication, "The
Urban Bikeway Design Guide," provides guidance for local
governments for many designs currently not covered in California.
Under current law, Caltrans is charged with adopting uniform
standards for all traffic control devices to be used on
California streets and highways, after consultation with local
authorities.
Caltrans adopts these rules as the California MUTCD, in
coordination with local entities. Although existing procedures
of the California MUTCD provide for experimental traffic control
devices upon consideration by the California Traffic Control
Devices Committee, with input from bicycle organizations, there
is no similar process expressly for the consideration of
experimental or modified bikeway designs.
This bill would establish a procedure for local agencies to allow
nonstandard planning, design, and construction features for
bicycle projects currently not adopted in the California Highway
Design Manual (HDM) or the California MUTCD. The alternative
procedure would allow local agencies to implement experimental
bikeway projects outside the purview of the California MUTCD or
the HDM. Some have expressed concerns with this alternative
procedure especially as the guidance document to be considered by
local agencies as developed by NACTO has not been adequately peer
AB 819
Page 3
reviewed by transportation officials and, accordingly, could have
an unintended consequence of putting bicyclists and motorists at
danger if bicycle projects, as included in the NACTO guidance
document, are implemented by local agencies.
As an alternative to the bill's provisions, the committee
suggests language that will specifically require procedures in
the HDM and the California MUTCD allowing local agencies to
request Caltrans to consider innovative and modified bikeway
project designs. This approach was first recommended by
Caltrans' California Bicycle Advisory Committee that is composed
of members who represent various California agencies and
organizations, including both the sponsor and opponent of this
bill. That committee provides guidance to Caltrans on bicycle
issues and also reviews and comments on any proposed adoption or
experimentation approval related to bicycle issues prior to
adoption in the California MUTCD.
Support : Writing in support of this bill if amended, the
sponsor, the California Bicycle Coalition, indicates that
"Currently, California law requires all city, county, regional,
or other local agencies, in the development and operation of
bikeways, to adhere to only the design criteria, standards, and
traffic control devices developed by Caltrans. These are
published in the California HDM and the California MUTCD. These
documents lack guidance for a large number of designs that Ýhave
been] proven to effectively accommodate and encourage safer
bicycle travel in other states and countries. Without guidance,
local agencies are required to go through a time-consuming and
therefore expensive experimentation process in the case of
traffic control devices, or are expressly prohibited from using
these designs in the case of matters of roadway design. Many of
these designs are well-tested in other jurisdictions, and
criteria and standards for most are available in manuals besides
the HDM and California MUTCD, the only ones authorized for
bikeway development in California. It is worth noting that local
agencies are not required to adhere strictly to the HDM and the
California MUTCD in developing local roadways not owned by
Caltrans; the rule applies just to bikeways."
Opposition : Writing in opposition to this bill, the California
Association of Bicycling Organizations contends that "We are
always open to innovative ideas, but a number of facility
innovations that initially seem attractive also appear to present
significant safety issues. The available research on these
AB 819
Page 4
facilities is not always reliable, despite being cited in a guide
produced by a private organization. Legitimizing these designs,
in effect, by statute, rather than by technical review, could
expose bicyclists to potentially dangerous facilities.
We agree, however, that Caltrans has been too conservative in its
approach to bikeway design, and we would enthusiastically support
an alternative approach that would provide an efficient process
for experimenting with new designs. A Caltrans sanctioned
experimental procedure would relieve local agencies of liability
for nonstandard designs; it would enable experimentation with
innovative and improved designs in a controlled and rigorous
manner that would be consistent across jurisdictions; and it
would provide reliable information for revision of the Highway
Design Manual."
Suggested Amendment : The committee suggests that the bill's
current provisions be deleted and replaced with amendments to
Sections 890.6 and 890.8 of the California Streets and Highways
Code as indicated in italics as follows. The author and sponsor
have agreed to these changes.
890.6. The department, in cooperation with county and city
governments, shall establish minimum safety design criteria
for the planning and construction of bikeways and roadways
where bicycle travel is permitted. The criteria shall
include, but not be limited to, the design speed of the
facility, minimum widths and clearances, grade, radius of
curvature, pavement surface, actuation of automatic traffic
control devices, drainage, and general safety. The criteria
shall be updated biennially, or more often, as needed. The
department shall establish procedures for local agencies to
request approval to use nonstandard planning, design, and
construction features in construction of bikeways and roadways
where bicycle travel is permitted, for purposes of research,
experimentation, and verification.
890.8. The department shall establish uniform specifications
and symbols for signs, markers, and traffic control devices to
designate bikeways, regulate traffic, improve safety and
convenience for bicyclists, and alert pedestrians and
motorists of the presence of bicyclists on bikeways and on
roadways where bicycle travel is permitted. The department
shall establish procedures for local agencies to request
approval to use nonstandard signs, markers, and traffic
AB 819
Page 5
control devices on bikeways and roadways where bicycle travel
is permitted for purposes of research, experimentation, and
verification.
Related Legislation : AB 345 (Atkins) of 2011, would have
established in statute the California Traffic Control Devices
Committee. The bill was held in the Senate as Caltrans
implemented the bill's requirements through administrative
action.
REGISTERED SUPPORT / OPPOSITION :
Support
California Bicycle Coalition (sponsor) (Support with amendments)
Opposition
California Association of Bicycling Organizations (Oppose unless
amended)
Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093