BILL ANALYSIS
AB 163
Page 1
Date of Hearing: April 24, 2007
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mike Eng, Chair
AB 163 (Mendoza) - As Amended: March 28, 2007
SUBJECT : State buildings: bicycle facilities.
SUMMARY : Requires the Department of General Services (DGS) to
adopt regulations for the construction and renovation of state
buildings that require the inclusion of bicycle facilities,
showers, and clothing lockers. Specifically, this bill :
1)Requires DGS to adopt regulations, by July 1, 2009, for the
construction and renovation of state owned and leased
buildings that require the inclusion of bicycle facilities,
including short and long term parking, showers, and clothing
lockers. In promulgating the regulations, DGS is required to
consider:
a) Guidelines established by the Sacramento Area Bicycle
Advocates State Bicycle Facilities - Statewide Policies and
Recommendations.
b) Guidelines established by the Association of Pedestrian
and Bicycle Professionals - Bicycle Parking Guidelines.
c) Input from the State Architect, other state agencies,
building and construction industry, recognized bicycle
advocacy groups, the League of California Cities,
California State Association of Counties, and other
interested organizations and the public.
2)Requires an existing state-owned building to be retrofitted to
include short term bicycle parking by December 1, 2009.
3)Requires the inclusion of long term bicycle parking, showers,
and clothing for use by employees to be included when the
building is renovated.
4)Requires DGS to make every effort to renegotiate state leases
for inclusion of facilities for bicycle commuters and
visitors.
5)Requires each state agency to develop a program to manage its
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bicycle facilities so that bicycle parking and facilities are
fairly assigned and access to showers is available for its
employees.
6)Requires each state agency to develop a program to promote and
encourage bicycle commuting and the use of bicycles for
work-related trips.
7)Requires a plan for the renovation of a state building to be
built, designed, and operated pursuant to the regulations
adopted for that purpose, by July 1, 2010.
EXISTING LAW establishes the Department of General Services as
the state government entity responsible for providing a broad
range of business services to government. DGS' functions
include: procurement and contracting for goods and services;
real estate and design services for state buildings;
telecommunications; fleet management; information services;
publishing services; architectural services; energy efficiency
programs; legal services; and building maintenance.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office: "The
State of California has goals regarding increasing
transportation choice, reducing traffic congestion, improving
air quality, conserving energy, reducing greenhouse gases,
improving social equity and increasing physical activity to
promote public health. Increased levels of bicycling by state
employees and by visitors to state buildings will help reach all
these important goals."
Background . According to DGS, there is not a statewide policy
on the inclusion of bicycle facilities in state owned or leased
buildings. As noted by the proponents of this bill, some
recently constructed state-owned buildings have included bicycle
facilities to their satisfaction, while others have not. There
may be many reasons for the lack of a statewide policy on
bicycle facilities and the availability of bicycle facilities in
state building, such as competition for leased space precludes
the state from negotiating bicycle facilities because the
landlord can rent the facility to a non-state government entity
without making such improvements, and some existing state
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buildings cannot physically accommodate an expansion due to land
and space limitations or without dislocating the primary
programmatic function of the state agency. Although this bill
appears to make some allowances for these circumstances with
respect leased facilities, the author may wish to consider
providing similar flexibility for retrofitting and renovating
state-owned buildings.
Support . The Sacramento Area Bicycle Advocates assert: "The
state's policies towards bicycling have sometimes discouraged,
rather than encouraged, bicycle use by its employees and those
in the community. In many cases, cyclists face no or inadequate
bike facilities at their workplace. There may be no place to
store their bikes safely, shower or keep their clothes and other
personal items.
"The state's policies have been inconsistent between (and
sometimes within) departments, agencies and locations. There is
a hodge-podge of different arrangements. Some state employees
enjoy state of the art bike facilities while accommodations
elsewhere are substandard-making it difficult or impossible to
bike commute. Sometimes privileges or facilities are available
to some categories of employees, but denied to others.
"Sacramento bike advocates were lulled into complacency after
two fairly recent state buildings on I Street, the Department of
Justice and the CalEPA HQ, were built with good to very good
facilities for cyclists. Unfortunately, the East End Project
reversed the trend towards excellence and revealed the need to
establish minimum standards for bicycle facilities and clear
policies for their use-policies that covered all state used
buildings and all state workers and ensured minimum quality
standards.
"California Government Code has a section on Parking Facility
Requirements at State Agencies & Building. Section 14679.5.
says "(a) Any state agency which has under its jurisdiction or
control any parking facility, which is available to state
officers and employees or to private persons who desire to
conduct business with a state agency, shall construct, operate,
and maintain bicycle and moped parking facilities for the use of
bicycle and moped riders.
"However, the state has not established standards for the
design, quantity or location of the bike parking. There is no
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differentiation in the code between long term employee bike
parking and short term visitor parking. Because it is often
non-cyclists who make decisions about providing bike parking,
the results can be unsatisfactory. Non-cyclists may make poorly
informed and incorrect judgments about what is suitable.
"While bike parking may be required in some situations, there
are no requirements for showers or clothing lockers which may be
essential for some employees in order for them to be able to
commute by bike.
"The state's bicycle facilities and policies should be a model
to all employers statewide. The state can help achieve some of
its most important goals by better serving cyclists. The state
will benefit from healthier employees in the process. Joggers
and other employees who exercise at lunch or before or after
work can also use the showers and lockers."
Related Legislation . AB 35 (Ruskin) of 2007, would require the
State Public Works Board to adopt regulations establishing green
building standards for state buildings, which includes the
construction and renovation of state buildings to include design
features that promote nonmotorized transportation.
REGISTERED SUPPORT / OPPOSITION :
Support
Sacramento Area Bicycle Advocates
One individual
Opposition
None on file.
Analysis Prepared by : Ross Warren / B. & P. / (916) 319-3301