BILL NUMBER: AB 1193	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 16, 2013
	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member Ting

                        FEBRUARY 22, 2013

   An act to amend Section 891 of the Streets and Highways Code,
relating to bikeways.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1193, as amended, Ting. Bikeways. 
   (1) Existing 
    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. 
   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.  
   By requiring local public officials to apply different bicycle
safety design criteria, the bill would impose a state-mandated local
program.  
   (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.  
   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.  
   Existing 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.  
   This bill would prohibit the department from denying funding to a
project because it is excepted pursuant to these procedures. 

   The 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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 891 of the Streets and Highways Code is amended
to read:
   891.  (a)  Notwithstanding Sections 890.6 and 890.8, all
  All  city, county, regional, and other local
agencies responsible for the development or operation of bikeways or
roadways where bicycle travel is permitted shall utilize all minimum
safety design criteria and uniform specifications and symbols for
signs, markers, and traffic control devices established pursuant to
 industry standards   Sections 890.6 and 890.8
 , except as provided in subdivision (b).
   (b) The department  , by June 30, 2013,  shall
establish procedures to permit exceptions to the requirements of
subdivision (a) for purposes of research, experimentation, testing,
evaluation, or verification.  To the extent that a design
exception is determined to be consistent with generally accepted
profes   sional engineering practice and is approved
pursuant to the procedures adopted under this subdivision, that
determination shall constitute substantial evidence on the basis of
which a reasonable legislative body or public employee could have
approved the plan or design within the meaning of Section 830.6 of
the Government Code. The department shall not deny funding to a
project because it is excepted pursuant   to this
subdivision.  
  SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.