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 11, 2012
           
          SUBJECT  :  Bicycle project design criteria

           SUMMARY  :  Requires the California Department of Transportation 
          (Caltrans) to establish procedures for local agencies to request 
          approval to use (a) nonstandard planning, design, and 
          construction features in construction of bikeways and roadways 
          and (b)nonstandard signs, markers, and traffic control devices 
          where bicycle travel is permitted; for purposes of research, 
          experimentation, and verification.  

           EXISTING LAW  :  

          1)Requires Caltrans to establish minimum safety design criteria 
            for the planning and construction of bikeways.  Caltrans adopts 
            these rules as incorporated within the California Highway Design 
            Manual (HDM) that prescribes, among other things, guidance for 
            the design and development of bicycle projects.  

          2)Under federal regulation, defines the standards used by road 
            managers nationwide to install and maintain traffic control 
            devices on all public streets, highways, bikeways, and private 
            roads open to public traffic.  The Manual on Uniform Traffic 
            Control Devices, or MUTCD, is published and maintained by the 
            Federal Highway Administration.  

          3)Charges Caltrans 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.  

          4)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.  Although existing procedures of the 
            California MUTCD provide for experimental traffic control 
            devices upon consideration by the California Traffic Control 








                                                                  AB 819
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            Devices Committee, with input from bicycle organizations, there 
            is no similar process expressly for the consideration of 
            experimental or modified bikeway designs.  

          5)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 
            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."  

          The January 4, 2012 bill version would have authorized 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) for 
          the development of bicycle projects.  The sponsor of the bill 
          asserts that the NACTO publication, "The Urban Bikeway Design 
          Guide," provides guidance for local governments for many designs 
          currently not covered in California through the Caltrans Design 
          Manual.  Some have expressed concerns with this option especially 
          as the guidance document to be considered by local agencies as 
          developed by NACTO has not been adequately peer 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.  









                                                                  AB 819
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          Consequently, the bill's sponsor, the California Bicycle 
          Coalition, and the author agreed to amend the bill to eliminate 
          the consideration of the NACTO guidance document for the 
          development of new bicycle projects.  Instead, the bill would 
          establish a procedure for local agencies to allow nonstandard 
          planning, design, and construction features for bicycle projects 
          as well as traffic control devices not currently adopted in the 
          HDM or the California MUTCD.  Basically, the alternative 
          procedures would allow local agencies to implement experimental 
          bikeway projects and signage currently not authorized in either 
          of these two manuals.    

          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 to be considered in the 
          HDM.   

           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 








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          Caltrans; the rule applies just to bikeways."  

           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 Association of Bicycling Organizations (co-sponsor)
          California Bicycle Coalition (co-sponsor) 

           Opposition 

           None on file

           
          Analysis Prepared by  :    Ed Imai / TRANS. / (916) 319-2093