AB 1193, as amended, Ting. Bikeways.
(1) Existing
end deletebegin insertExistingend insert 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.
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.
end deleteBy requiring local public officials to apply different bicycle safety design criteria, the bill would impose a state-mandated local program.
end delete(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.
end deleteThis 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.
end deleteExisting law also requires the department, by June 30, 2013, to establish procedures to permit exceptions to the above requirements for purposes of research, experimentation, testing, evaluation, or verification.
end insertbegin insertThis bill would prohibit the department from denying funding to a project because it is excepted pursuant to these procedures.
end insertbegin insertThe bill would provide, to the extent that a design exception is determined to be consistent with generally accepted professional engineering practice and is approved pursuant to the procedures adopted under these provisions, that determination constitutes substantial evidence on the basis of which a reasonable legislative body or public employee could have approved the plan or design without liability.
end insertVote: majority.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteyes end deletebegin insertnoend insert.
The people of the State of California do enact as follows:
Section 891 of the Streets and Highways Code
2 is amended to read:
(a) begin deleteNotwithstanding Sections 890.6 and 890.8, all end deletebegin insertAll 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 industry standardsend delete
9begin insert Sections 890.6 and 890.8end insert,
except as provided in subdivision (b).
10(b) The departmentbegin delete, by June 30, 2013,end delete shall establish procedures
11to permit exceptions to the requirements of subdivision (a) for
12purposes of research, experimentation, testing, evaluation, or
13verification.begin insert To the extent that a design exception is determined
P3 1to be consistent with generally accepted professional engineering
2practice and is approved pursuant to the procedures adopted under
3this subdivision, that determination shall constitute substantial
4evidence on the basis of which a reasonable legislative body or
5public employee could have approved the plan or design within
6the meaning of Section 830.6 of the Government Code. The
7department shall not deny funding to a project because it is
8excepted pursuant
to this subdivision.end insert
If the Commission on State Mandates determines that
10this act contains costs mandated by the state, reimbursement to
11local agencies and school districts for those costs shall be made
12pursuant to Part 7 (commencing with Section 17500) of Division
134 of Title 2 of the Government Code.
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