BILL ANALYSIS Ó AB 819 Page 1 ASSEMBLY THIRD READING AB 819 (Wieckowski) As Amended January 11, 2012 Majority vote TRANSPORTATION 10-3 APPROPRIATIONS 12-5 ----------------------------------------------------------------- |Ayes:|Bonnie Lowenthal, |Ayes:|Fuentes, Blumenfield, | | |Blumenfield, Bonilla, | |Bradford, Charles | | |Buchanan, Eng, Mitchell, | |Calderon, Campos, | | |Galgiani, Norby, | |Chesbro, Gatto, Hall, | | |Portantino, Solorio | |Hill, Ammiano, Mitchell, | | | | |Solorio | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Jeffries, Achadjian, |Nays:|Harkey, Donnelly, | | |Miller | |Nielsen, Norby, Wagner | | | | | | ----------------------------------------------------------------- SUMMARY : Requires the California Department of Transportation (Caltrans) to establish procedures for local agencies to request approval to use: 1) nonstandard planning, design, and construction features in construction of bikeways and roadways; and, 2) 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)Defines, under federal regulation, 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 AB 819 Page 2 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 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 : According to the Assembly Appropriations Committee, depending on the amount of requests received to use non-standard designs, Caltrans could require up to two positions, at an annual special fund cost of around $240,000, to first develop and then implement the procedures, including reviewing and accepting, rejecting, or revising requests for non-standard applications, and then evaluating the efficacy of these non-standard features for statewide application. 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 AB 819 Page 3 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 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 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. Consequently, this 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 AB 819 Page 4 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 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. Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093 FN: 0003029