Amended in Senate July 1, 2014

Amended in Senate June 18, 2014

Amended in Assembly January 23, 2014

Amended in Assembly January 6, 2014

Amended in Assembly April 25, 2013

Amended in Assembly April 16, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1193


Introduced by Assembly Member Ting

(Coauthors: Assembly Members Bloom, Gatto, Lowenthal, and Wieckowski)

February 22, 2013


An act to amendbegin insert Section 42872.1 of the Public Resources Code, to amendend insert Sections 890.4, 890.6,begin delete and 891end deletebegin insert 891, 891.5, and 2551end insert of, to add Section 885.1 to, and to repeal Section 891.1 of, the Streets and Highways Code,begin insert and to amend Sections 231.5 and 21211 of the Vehicle Code,end insert relating to bikeways.

LEGISLATIVE COUNSEL’S DIGEST

AB 1193, as amended, Ting. Bikeways.

(1) Existing law defines “bikeway” for certain purposes to mean all facilities that provide primarily for bicycle travel. Existing law categorizes bikeways into 3 classes of facilities.

begin delete

This bill would additionally provide for Class IV bikeways, also known as cycle tracks or separated bikeways, as specified.

end delete
begin insert

This bill would instead revise and reclassify these “bikeways” as bike paths, bike lanes, bike routes, and cycle tracks, as specified.

end insert

(2) Existing law requires the Department of Transportation, in cooperation with county and city governments, to establish and update 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 of those minimum safety design criteria and uniform specifications and symbols.

This bill wouldbegin insert revise these provisions toend insert require the department, in cooperation with local agencies, to establish minimum safety design criteria for eachbegin delete class of bikeways,end deletebegin insert type of bikewayend insert with consideration for the safety of vulnerable populations, as specifiedbegin insert, and would require the department to publish the new criteria by January 1, 2016end insert. The bill wouldbegin delete require all city, county, regional, and other local agencies to utilize the uniform specifications and symbols for signs, markers, and traffic control devices established by the department and would authorize those agencies to utilize the minimum safety design criteriaend deletebegin insert authorize a local agency to utilize other minimum safety criteria if adopted by resolution at a public meeting, as specifiedend insert.

(3) Existing law requires the Department of Transportation to establish, by June 30, 2013, procedures for cities, counties, and local agencies to be granted exceptions from the requirement to use design criteria and uniform specifications for purposes of research, experimentation, testing, evaluation, or verification. Existing law requires the department, by November 1, 2014, to report to the transportation policy committees of both houses of the Legislature the steps that the department has taken to implement those requirements, including, but not limited to, information regarding requests received and granted by the department from July 1, 2013, to June 30, 2014, inclusive, for those exceptions, and the reasons the department rejected any requests for those exceptions.

This bill would repeal those requirements.

begin insert

(4) The bill would also make technical and conforming changes to various cross-references in state code provisions.

end insert

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

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

P3    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) It is the goal of the state to increase the number of trips
4Californians take by bicycle and other forms of active
5transportation in order to help meet the state’s greenhouse gas
6emissions reduction goals, improve Californians’ health by helping
7more people be active, and stimulate the economy.

8(b) Protected bikeways are proven to attract many more people
9to bicycling and to reduce collision rates compared to unimproved
10streets or streets with typical bike lanes.

11(c) Property and businesses adjacent to protected bikeways
12experience increases in real estate values and sales compared to
13unimproved streets.

14(d) Bicycling accounts for 2,000,000 trips every day in
15California, showing growth in all groups, in particular among
16people of color.

17(e) Safe street-level bikeways are proven to reduce bike riding
18on the sidewalk, wrong-way riding, and other illegal or unsafe
19bicycling practices.

20(f) It is the objective of the state to encourage the planning,
21design, and construction of protected bikeways in a manner that
22improves safety for all users, including motorists, transit users,
23pedestrians, and persons with disabilities, with special attention
24to the needs of visually impaired persons.

25begin insert

begin insertSEC. end insertbegin insert2end insertbegin insert.end insert  

end insert

begin insertSection 42872.1 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
26amended to read:end insert

27

42872.1.  

(a) This section shall be known, and may be cited,
28as the Rubberized Pavement Market Development Act.

29(b) In accordance with the tire recycling program authorized by
30Section 42872, the department shall award grants in the following
31manner:

32(1) To cities, counties, and other local governmental agencies
33for the funding of public works projects that utilize rubberized
34pavement.

P4    1(2) To state and local governmental agencies, including regional
2park districts, for the funding of disability access projects at parks
3andbegin delete Class I bikewaysend deletebegin insert bike pathsend insert as defined in subdivision (a) of
4Section 890.4, relative to projects that utilize rubberized pavement.

5(c) (1) Except as provided in paragraph (2), the department
6shall award the grants pursuant to subdivision (b) in the amount
7of two dollars ($2) for every 12 pounds of crumb rubber used in
8a public works or disability access project by a state or local
9governmental agency, including a regional park district.

10(2) The department may adjust the amount of grants awarded
11pursuant to paragraph (1) to an amount that is greater than, or less
12than, two dollars ($2) for every 12 pounds of crumb rubber if the
13department finds this adjustment would further the purposes of
14this article.

15(d) This section shall become inoperative on June 30, 2019,
16and, as of January 1, 2020, is repealed, unless a later enacted
17statute, that becomes operative on or before January 1, 2020,
18deletes or extends the dates on which it becomes inoperative and
19is repealed.

20

begin deleteSEC. 2.end delete
21begin insertSEC. 3.end insert  

Section 885.1 is added to the Streets and Highways
22Code
, to read:

23

885.1.  

This chapter shall be known, and may be cited, as the
24Protected Bikeways Act of 2014.

25

begin deleteSEC. 3.end delete
26begin insertSEC. 4.end insert  

Section 890.4 of the Streets and Highways Code is
27amended to read:

28

890.4.  

As used in this article, “bikeway” means all facilities
29that provide primarily for bicycle travel. For purposes of this
30article, bikeways shall be categorized as follows:

31(a) begin deleteClass I bikeways, also known as “bike paths” or “shared-use
32paths,” end delete
begin insertBike paths,end insertbegin insert end insertwhich provide a completely separated
33right-of-way designated for the exclusive use of bicycles and
34pedestrians with crossflows by motorists minimized.

35(b) begin deleteClass II bikeways, also known as “bike lanes,” end deletebegin insertBike lanes, end insert
36which provide a restricted right-of-way designated for the exclusive
37or semiexclusive use of bicycles with through travel by motor
38vehicles or pedestrians prohibited, but with vehicle parking and
39crossflows by pedestrians and motorists permitted.

P5    1(c) begin deleteClass III bikeways, also known as onstreet or offstreet “bike
2routes,” end delete
begin insertBike routes, end insertwhich provide a right-of-waybegin insert on-street or
3off-street,end insert
designated by signs or permanent markings and shared
4with pedestrians and motorists.

5(d)  begin deleteClass IV bikeways, also known as “cycle tracks” or
6“separated bikeways,” end delete
begin insertCycle tracks,end insertbegin insert end insertwhich provide a right-of-way
7designated exclusively for bicycle travelbegin delete withinend deletebegin insert adjacent toend insert a
8roadway and which are protected from vehicular traffic. Types of
9separation include, but are not limited to, grade separation, flexible
10posts, inflexible physical barriers, or on-street parking.

11

begin deleteSEC. 4.end delete
12begin insertSEC. 5.end insert  

Section 890.6 of the Streets and Highways Code is
13amended to read:

14

890.6.  

The department, in cooperation with county and city
15governments, shall establish minimum safety design criteria for
16the planning and construction of eachbegin delete classend deletebegin insert typeend insert of bikeway
17identified in Section 890.4 and roadways where bicycle travel is
18permitted. The criteria shall include, but not be limited to, the
19design speed of the facility, minimum widths and clearances, grade,
20radius of curvature, pavement surface, actuation of automatic traffic
21control devices, drainage, and general safety, with consideration
22for the safety of vulnerable populations, such as children, seniors,
23persons with impaired vision, and persons of limited mobility. The
24criteria shall bebegin insert published by January 1, 2016, andend insert updated
25biennially, or more often, as needed.

26

begin deleteSEC. 5.end delete
27begin insertSEC. 6.end insert  

Section 891 of the Streets and Highways Code is
28amended to read:

29

891.  

begin insert(a)end insertbegin insertend insert All city, county, regional, and other local agencies
30responsible for the development or operation of bikeways or
31roadways where bicycle travel is permittedbegin delete mayend deletebegin insert shallend insert utilize the
32minimum safety design criteria established pursuant to Section
33890.6begin insert, except as provided in subdivision (b),end insert and shall utilize the
34uniform specifications and symbols for signs, markers, and traffic
35control devices established pursuant to Section 890.8.

begin insert

36(b) An agency may utilize minimum safety design criteria other
37than those established by Section 890.6 if the criteria are adopted
38by resolution at a public meeting as a standing policy or if the
39criteria are included in the description of a project approved at a
40public meeting.

end insert
P6    1

begin deleteSEC. 6.end delete
2begin insertSEC. 7.end insert  

Section 891.1 of the Streets and Highways Code is
3repealed.

4begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 891.5 of the end insertbegin insertStreets and Highways Codeend insertbegin insert is
5amended to read:end insert

6

891.5.  

The Sacramento Area Council of Governments, pursuant
7to subdivision (d) of Section 2551, may purchase, operate, and
8maintain callboxes onbegin delete class 1 bikewaysend deletebegin insert bike paths as defined in
9subdivision (a) of Section 890.4end insert
.

10begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 2551 of the end insertbegin insertStreets and Highways Codeend insertbegin insert is
11amended to read:end insert

12

2551.  

(a) A service authority for freeway emergencies may
13be established in any county if the board of supervisors of the
14county and the city councils of a majority of the cities within the
15county having a majority of the population of cities within the
16county adopt resolutions providing for the establishment of the
17authority.

18(b) The resolutions may designate the county transportation
19commission for the county, created pursuant to Division 12
20(commencing with Section 130000) of the Public Utilities Code
21or council of governments formed pursuant to Chapter 5
22(commencing with Section 6500) of Division 7 of Title 1 of the
23Government Code, as the service authority for freeway
24emergencies. The powers of a commission or council of
25 governments so designated are limited to those of the service
26authority.

27(c) The Metropolitan Transportation Commission may function
28as the service authority for freeway emergencies in any or all of
29the Counties of Santa Clara, San Mateo, Alameda, Contra Costa,
30Marin, Solano, Sonoma, Napa, and the City and County of San
31Francisco upon adoption of a resolution by the commission to act
32as a service authority and upon ratification of the commission’s
33resolution in a particular county by the board of supervisors of the
34city and county or by the board of supervisors of the county and
35by the city councils of the cities within the county having a majority
36of the population of the cities within the county.

37(d) (1) The Sacramento Area Council of Governments may
38function as the service authority for freeway emergencies in any
39or all of the Counties of Sacramento, Yolo, Yuba, Sutter, and San
40Joaquin, or any other county that is not within another multicounty
P7    1service authority, upon adoption of a resolution by the council to
2act as a service authority and upon ratification of the resolution in
3a particular county by the board of supervisors of the county and
4by the city councils of the cities within the county having a majority
5of the population of the cities within the county.

6(2) The Sacramento Area Council of Governments may also
7exercise, as a service authority, in any of those counties, the powers
8specified in Section 891.5 pertaining to callboxes onbegin delete class 1
9bikewaysend delete
begin insert bike paths as defined in subdivision (a) of Section 890.4end insert.

10(e) As used in this chapter, “authority” and “service authority”
11mean a service authority for freeway emergencies created pursuant
12to this chapter.

13begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 231.5 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to read:end insert

14

231.5.  

A “bicycle path” or “bike path” is abegin delete Class I bikeway,end delete
15begin insert bike pathend insert as defined in subdivision (a) of Section 890.4 of the
16Streets and Highways Code.

17begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 21211 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
18read:end insert

19

21211.  

(a) No person may stop, stand, sit, or loiter upon any
20begin delete class I bikeway,end deletebegin insert bike pathend insert as defined in subdivision (a) of Section
21890.4 of the Streets and Highways Code, or any other public or
22private bicycle path or trail, if the stopping, standing, sitting, or
23loitering impedes or blocks the normal and reasonable movement
24of any bicyclist.

25(b) No person may place or park any bicycle, vehicle, or any
26other object upon anybegin delete bikewayend deletebegin insert bike pathend insert or bicycle path or trail,
27as specified in subdivision (a), which impedes or blocks the normal
28and reasonable movement of any bicyclist unless the placement
29or parking is necessary for safe operation or is otherwise in
30compliance with the law.

31(c) This section does not apply to drivers or owners of utility
32or public utility vehicles, as provided in Section 22512.

33(d) This section does not apply to owners or drivers of vehicles
34who make brief stops while engaged in the delivery of newspapers
35to customers along the person’s route.

36(e) This section does not apply to the driver or owner of a
37rubbish or garbage truck while actually engaged in the collection
38of rubbish or garbage within a business or residence district if the
39front turn signal lamps at each side of the vehicle are being flashed
P8    1simultaneously and the rear turn signal lamps at each side of the
2vehicle are being flashed simultaneously.

3(f) This section does not apply to the driver or owner of a tow
4vehicle while actually engaged in the towing of a vehicle if the
5front turn signal lamps at each side of the vehicle are being flashed
6simultaneously and the rear turn signal lamps at each side of the
7vehicle are being flashed simultaneously.



O

    92