BILL ANALYSIS Ó
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 819
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: wieckowski
VERSION: 5/8/2012
Analysis by: Eric Thronson FISCAL: yes
Hearing date: July 3, 2012
SUBJECT:
Bikeway standards
DESCRIPTION:
This bill requires the Department of Transportation (Caltrans)
to establish procedures to permit exceptions to adopted designs
and markings for bikeway construction and bicycle travel.
ANALYSIS:
Under existing law, Caltrans is responsible for establishing
minimum safety design criteria for the planning and construction
of bikeways and roadways where bicycle travel is permitted.
These criteria are contained within a document called the
California Highway Design Manual (HDM). Further, Caltrans
establishes 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 where bicycle travel is permitted. Caltrans adopts
these specifications, along with standards for all traffic
control devices, in the California Manual on Uniform Traffic
Control Devices (MUTCD).
Existing law requires all local agencies responsible for the
development or operation of bikeways or roadways where bicycle
travel is permitted to utilize Caltrans-adopted design criteria
and specifications as contained in the HDM and MUTCD. Although
existing procedures of the MUTCD provide for experimental traffic
control devices upon consideration by the California Traffic
Control Devices Committee, there is no similar process expressly
for the consideration of experimental or modified bikeway
designs.
This bill requires Caltrans to establish procedures to permit
exceptions to the HDM and MUTCD related to bikeways and roadways
AB 819 (WIECKOWSKI) Page 2
where bicycle travel is permitted for the purposes of research,
experimentation, testing, evaluation, or verification.
COMMENTS:
1.Purpose . According to the author, Caltrans has been overly
conservative in its approach to bikeway design. This bill is
in response to this conservatism, as the author believes there
are more ways to implement biking facilities in metropolitan
areas apart from the traditional, basic bike lane in the
street. A Caltrans-sanctioned experimental design procedure
would enable local governments to test innovative and superior
designs in a controlled environment without exposing local
agencies to liability.
2.Caltrans' liability concerns . Caltrans is often reluctant to
adopt new or experimental design standards for good reason.
Should some transportation structure that meets the state's
design standards experience some tragic results, the state
ultimately can be found liable and have to pay large sums of
money in settlements. In roadway design, many years and miles
of experience have led to generally expected outcomes and
agreed upon standards. Bikeway design and construction, on
the other hand, is still being developed and refined
nationwide. This bill is attempting to establish a process by
which Caltrans can consider evolving bikeway design standards
and approve some proposals for experimentation and
verification of safety. Then, if the facilities tested
provide successful results, Caltrans can be more comfortable
adopting new design standards statewide.
3.Set a deadline for implementation . This bill requires
Caltrans to establish particular procedures to permit local
agencies to develop and construct bikeways in new or
"nonstandard" ways. The bill does not include any deadlines
for Caltrans' adoption of these new procedures. Some
supporters of the bill have indicated that their experience
with Caltrans has been that the department can be slow to
adopt new procedures unless required by law to meet deadlines.
The committee or author may wish to include an amendment that
sets a deadline for Caltrans to establish the procedures
required in this bill.
4.Requiring a report may encourage Caltrans to act . While this
bill requires Caltrans to establish procedures to permit
exceptions, this may not result in Caltrans granting any
AB 819 (WIECKOWSKI) Page 3
exceptions. As noted earlier, Caltrans is generally
risk-averse and therefore may be unwilling to approve any
proposals for experimental bikeway designs. It may encourage
Caltrans to act, or at least illuminate reasons for inaction,
if the Legislature required Caltrans to report on its efforts
related to this bill. Therefore, the committee or author may
wish to amend the bill to require Caltrans to report to the
Legislature after establishment of these procedures on its
progress toward permitting exceptions to the state's
standards.
5.Previous legislation . AB 345 (Atkins) of 2011 would have
established in statute the California Traffic Control Devices
Committee. This committee passed AB 345 on a 6 to 3 vote in
June of 2011, but the bill ultimately was held on the Senate
floor as Caltrans implemented the bill's requirements through
administrative action.
POSITIONS: (Communicated to the committee before noon on
Wednesday,
June 27, 2012)
SUPPORT: California Bicycle Coalition (co-sponsor)
California Association of Bicycle Organizations
(co-sponsor)
Metropolitan Transportation Commission
Santa Clara County Board of Supervisors
OPPOSED: None received.