BILL NUMBER: AB 1193 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 21, 2014
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
INTRODUCED BY Assembly Member Ting
(Coauthors: Assembly Members Bloom, Gatto, Lowenthal, and
Wieckowski)
FEBRUARY 22, 2013
An act to amend Section 42872.1 of the Public Resources
Code, to amend Sections 890.4, 890.6, 891, 891.5,
and 2551 and 891 of, to add Section 885.1 to,
and to repeal Section 891.1 of, the Streets and Highways
Code, and to amend Sections 231.5 and 21211 of the Vehicle
Code, 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.
This bill would instead revise and reclassify these
"bikeways" as bike paths, bike lanes, bike routes, and cycle tracks,
as specified. additionally categorize cycle tracks or
separated bikeways, as specified, as Class IV bikeways.
(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 would revise these provisions to require the department,
in cooperation with local agencies, agencies
and in consultation with the existing advisory committee of the
department dedicated to improve access for persons with disabilities,
to establish minimum safety design criteria for each type of
bikeway with consideration for the safety of vulnerable populations,
as specified, and would require the department to publish the new
criteria by January 1, 2016. The bill would authorize a local agency
to utilize other minimum safety criteria that meet specified
conditions if adopted by resolution at a public meeting, as
specified.
(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.
(4) The bill would also make technical and conforming changes to
various cross-references in state code provisions.
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. The Legislature finds and declares all of the
following:
(a) It is the goal of the state to increase the number of trips
Californians take by bicycle bicycling,
walking, and other forms of active transportation in order to
help meet the state's greenhouse gas emissions reduction goals,
improve Californians' health by helping more people be active, and
stimulate the economy.
(b) Protected bikeways are proven to attract many more
people to bicycling and to reduce collision rates compared to
unimproved streets or streets with typical bike lanes.
part of a vital transportation infrastructure used by many to
commute to and from work and other destinations. Unlike trails or
pathways used for recreation, protected bikeways provide alternatives
to vehicles that otherwise would transport citizens across the state'
s roads and highways.
(c) Property and businesses adjacent to protected bikeways
experience increases in real estate values and sales compared to
unimproved streets.
(d) Bicycling accounts for 2,000,000 trips every day in
California, showing growth in all groups, in particular
among people of color. the important role that
bicycles play in transportation.
(e) Safe street-level bikeways are proven to reduce bike riding on
the sidewalk, wrong-way riding, and other illegal or unsafe
bicycling practices.
(f) It is the objective of the state to encourage the planning,
design, and construction of protected bikeways , so as to foster
bicycli ng as a means of transportation, in a
manner that improves safety for all users, including motorists,
transit users, pedestrians, and persons with disabilities, with
special attention to the needs of visually impaired persons.
SEC. 2. Section 42872.1 of the Public Resources
Code is amended to read:
42872.1. (a) This section shall be known, and may be cited, as
the Rubberized Pavement Market Development Act.
(b) In accordance with the tire recycling program authorized by
Section 42872, the department shall award grants in the following
manner:
(1) To cities, counties, and other local governmental agencies for
the funding of public works projects that utilize rubberized
pavement.
(2) To state and local governmental agencies, including regional
park districts, for the funding of disability access projects at
parks and bike paths as defined in subdivision (a) of Section 890.4,
relative to projects that utilize rubberized pavement.
(c) (1) Except as provided in paragraph (2), the department shall
award the grants pursuant to subdivision (b) in the amount of two
dollars ($2) for every 12 pounds of crumb rubber used in a public
works or disability access project by a state or local governmental
agency, including a regional park district.
(2) The department may adjust the amount of grants awarded
pursuant to paragraph (1) to an amount that is greater than, or less
than, two dollars ($2) for every 12 pounds of crumb rubber if the
department finds this adjustment would further the purposes of this
article.
(d) This section shall become inoperative on June 30, 2019, and,
as of January 1, 2020, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2020, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 3. SEC. 2. Section 885.1 is
added to the Streets and Highways Code, to read:
885.1. This chapter shall be known, and may be cited, as the
Protected Bikeways Act of 2014.
SEC. 4. SEC. 3. Section 890.4 of the
Streets and Highways Code is amended to read:
890.4. As used in this article, "bikeway" means all facilities
that provide primarily for for, and promote,
bicycle travel. For purposes of this article, bikeways shall be
categorized as follows:
(a) Bike paths, paths or shared use paths,
also referred to as "Class I bikeways," which provide a
completely separated right-of-way designated for the exclusive use of
bicycles and pedestrians with crossflows by motorists minimized.
(b) Bike lanes, also referred to as "Class II bikeways,"
which provide a restricted right-of-way designated for the
exclusive or semiexclusive use of bicycles with through travel by
motor vehicles or pedestrians prohibited, but with vehicle parking
and crossflows by pedestrians and motorists permitted.
(c) Bike routes, also referred to as "Class III bikeways,"
which provide a right-of-way on-street or off-street,
designated by signs or permanent markings and shared with pedestrians
and motorists.
(d) Cycle tracks, tracks or separated
bikeways, also referred to as "Class IV bikeways," which
promote active transportation and provide a right-of-way
designated exclusively for bicycle travel adjacent to a roadway and
which are protected from vehicular traffic. Types of separation
include, but are not limited to, grade separation, flexible posts,
inflexible physical barriers, or on-street parking.
SEC. 5. SEC. 4. Section 890.6 of the
Streets and Highways Code is amended to read:
890.6. (a) The department, in cooperation
with county and city governments, shall establish minimum safety
design criteria for the planning and construction of each type of
bikeway identified in Section 890.4 and roadways where bicycle travel
is permitted. The
(b) The criteria shall include,
but not be limited to, the design speed of the facility, minimum
widths and clearances, grade, radius of curvature, pavement surface,
actuation of automatic traffic control devices, drainage, and general
safety, with consideration for the safety of vulnerable populations,
such as children, seniors, persons with impaired vision, and persons
of limited mobility. The criteria shall be published by January 1,
2016, and updated biennially, or more often, as needed.
(c) The criteria shall be established in consultation with the
existing advisory committee of the department dedicated to improving
access for persons with disabilities.
SEC. 6. SEC. 5. 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 the minimum safety
design criteria established pursuant to Section 890.6, except as
provided in subdivision (b), and shall utilize the uniform
specifications and symbols for signs, markers, and traffic control
devices established pursuant to Section 890.8.
(b) An agency may utilize minimum safety design criteria other
than those established by Section 890.6 if the criteria are
adopted by resolution at a public meeting as a standing policy or if
the criteria are included in the description of a project approved at
a public meeting. all of the following conditions are
met:
(1) The alternative criteria have been reviewed and approved by a
qualified engineer with consideration for the unique characteristics
and features of the proposed bikeway and surrounding environs.
(2) The alternative criteria, or the description of the project
with reference to the alternative criteria, are adopted by resolution
at a public meeting, after having provided proper notice of the
public meeting and opportunity for public comment.
(3) The alternative criteria adhere to guidelines established by a
national association of public agency transportation officials.
SEC. 7. SEC. 6. Section 891.1 of the
Streets and Highways Code is repealed.
SEC. 8. Section 891.5 of the Streets and
Highways Code is amended to read:
891.5. The Sacramento Area Council of Governments, pursuant to
subdivision (d) of Section 2551, may purchase, operate, and maintain
callboxes on bike paths as defined in subdivision (a) of Section
890.4.
SEC. 9. Section 2551 of the Streets and Highways
Code is amended to read:
2551. (a) A service authority for freeway emergencies may be
established in any county if the board of supervisors of the county
and the city councils of a majority of the cities within the county
having a majority of the population of cities within the county adopt
resolutions providing for the establishment of the authority.
(b) The resolutions may designate the county transportation
commission for the county, created pursuant to Division 12
(commencing with Section 130000) of the Public Utilities Code or
council of governments formed pursuant to Chapter 5 (commencing with
Section 6500) of Division 7 of Title 1 of the Government Code, as the
service authority for freeway emergencies. The powers of a
commission or council of governments so designated are limited to
those of the service authority.
(c) The Metropolitan Transportation Commission may function as the
service authority for freeway emergencies in any or all of the
Counties of Santa Clara, San Mateo, Alameda, Contra Costa, Marin,
Solano, Sonoma, Napa, and the City and County of San Francisco upon
adoption of a resolution by the commission to act as a service
authority and upon ratification of the commission's resolution in a
particular county by the board of supervisors of the city and county
or by the board of supervisors of the county and by the city councils
of the cities within the county having a majority of the population
of the cities within the county.
(d) (1) The Sacramento Area Council of Governments may function as
the service authority for freeway emergencies in any or all of the
Counties of Sacramento, Yolo, Yuba, Sutter, and San Joaquin, or any
other county that is not within another multicounty service
authority, upon adoption of a resolution by the council to act as a
service authority and upon ratification of the resolution in a
particular county by the board of supervisors of the county and by
the city councils of the cities within the county having a majority
of the population of the cities within the county.
(2) The Sacramento Area Council of Governments may also exercise,
as a service authority, in any of those counties, the powers
specified in Section 891.5 pertaining to callboxes on bike paths as
defined in subdivision (a) of Section 890.4.
(e) As used in this chapter, "authority" and "service authority"
mean a service authority for freeway emergencies created pursuant to
this chapter.
SEC. 10. Section 231.5 of the Vehicle Code is
amended to read:
231.5. A "bicycle path" or "bike path" is a bike path as defined
in subdivision (a) of Section 890.4 of the Streets and Highways Code.
SEC. 11. Section 21211 of the Vehicle Code is
amended to read:
21211. (a) No person may stop, stand, sit, or loiter upon any
bike path as defined in subdivision (a) of Section 890.4 of the
Streets and Highways Code, or any other public or private bicycle
path or trail, if the stopping, standing, sitting, or loitering
impedes or blocks the normal and reasonable movement of any
bicyclist.
(b) No person may place or park any bicycle, vehicle, or any other
object upon any bike path or bicycle path or trail, as specified in
subdivision (a), which impedes or blocks the normal and reasonable
movement of any bicyclist unless the placement or parking is
necessary for safe operation or is otherwise in compliance with the
law.
(c) This section does not apply to drivers or owners of utility or
public utility vehicles, as provided in Section 22512.
(d) This section does not apply to owners or drivers of vehicles
who make brief stops while engaged in the delivery of newspapers to
customers along the person's route.
(e) This section does not apply to the driver or owner of a
rubbish or garbage truck while actually engaged in the collection of
rubbish or garbage within a business or residence district if the
front turn signal lamps at each side of the vehicle are being flashed
simultaneously and the rear turn signal lamps at each side of the
vehicle are being flashed simultaneously.
(f) This section does not apply to the driver or owner of a tow
vehicle while actually engaged in the towing of a vehicle if the
front turn signal lamps at each side of the vehicle are being flashed
simultaneously and the rear turn signal lamps at each side of the
vehicle are being flashed simultaneously.