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