BILL NUMBER: AB 1193	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 25, 2013
	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.
   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.
   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: 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) 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 Sections
890.6 and 890.8, except as provided in subdivision (b).
   (b) The department 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 professional 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.