Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1193


Introduced by Assembly Member Ting

February 22, 2013


begin deleteAn act relating to bikeways. end deletebegin insertAn act to amend Section 891 of the Streets and Highways Code, relating to bikeways.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1193, as amended, Ting. Bikeways.

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(1) Existing law requires the Department of Transportation, in cooperation with county and city governments, to establish minimum safety design criteria for the planning and construction of bikeways, and requires the department to establish uniform specifications and symbols regarding bicycle travel and bicycle traffic related matters. Existing law 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 established pursuant to that law.

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This bill would instead require 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 established pursuant to industry standards.

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By requiring local public officials to apply different bicycle safety design criteria, the bill would impose a state-mandated local program.

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(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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Existing law requires the Department of Transportation, in cooperation with county and city governments, to establish minimum safety design criteria for the planning and construction of bikeways, and authorizes cities, counties, and local agencies to establish bikeways. Existing law 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 established pursuant to specified provisions of existing law. Existing law authorizes a city or county to prepare a bicycle transportation plan with specified required elements for these purposes.

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This bill would declare the Legislature’s intent to enact subsequent legislation that would authorize all city, county, regional, and other local agencies responsible for the development or operation of bikeways or roadways to exercise the same discretion in the design of their bikeways that they exercise in the design of local streets, roads, and highways.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

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begin insertSection 891 of the end insertbegin insertStreets and Highways Codeend insertbegin insert is
2amended to read:end insert

3

891.  

(a) begin deleteAll end deletebegin insertNotwithstanding Sections 890.6 and 890.8, all end insert
4city, county, regional, and other local agencies responsible for the
5development or operation of bikeways or roadways where bicycle
6travel is permitted shall utilize all minimum safety design criteria
7and uniform specifications and symbols for signs, markers, and
8traffic control devices established pursuant tobegin delete Sections 890.6 and
9890.8,end delete
begin insert industry standards,end insert except as provided in subdivision (b).

P3    1(b) The department, by June 30, 2013, shall establish procedures
2to permit exceptions to the requirements of subdivision (a) for
3purposes of research, experimentation, testing, evaluation, or
4verification.

5begin insert

begin insertSEC. 2.end insert  

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If the Commission on State Mandates determines that
6this act contains costs mandated by the state, reimbursement to
7local agencies and school districts for those costs shall be made
8pursuant to Part 7 (commencing with Section 17500) of Division
94 of Title 2 of the Government Code.

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10

SECTION 1.  

The Legislature finds and declares the following:

11(a) Statutory provisions impose on local agencies a mandate to
12follow obsolete standards for the design of bikeways, while they
13permit the application of industry standards for the design of local
14streets, roads, and highways.

15(b) It is the intent of the Legislature to enact subsequent
16legislation that would authorize all city, county, regional, and other
17local agencies responsible for the development or operation of
18bikeways or roadways to exercise the same discretion in the design
19of their bikeways that they exercise in the design of local streets,
20roads, and highways.

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