BILL ANALYSIS
Bill No: AB
163
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Dean Florez, Chair
2007-2008 Regular Session
Staff Analysis
AB 163 Author: Mendoza
As Amended: June 1, 2007
Hearing Date: July 10, 2007
Consultant: Art Terzakis
SUBJECT
State Buildings: bicycle facilities
DESCRIPTION
AB 163 enacts the "Green and Healthy Workplace Bicycle
Facilities Act" which requires the Department of General
Services (DGS) to adopt regulations establishing standards
for bicycle facilities, including parking areas, showers,
and lockers in state-owned and state-leased buildings.
Specifically, this bill:
1. Makes various findings and declarations relative to the
benefits of providing bicycle facilities for state
employees and visitors and states legislative intent to
increase the availability and usefulness of bicycle
facilities in state buildings by providing safe and
secure bicycle parking, storage, and showering areas to
promote alternative transportation to the workplace.
2. Enacts the Green and Healthy Workplace Bicycle
Facilities Act of 2007 which requires DGS to adopt
regulations, by July 1, 2009, for the construction and
renovation of state-owned office buildings and other
state buildings deemed appropriate by DGS, that establish
standards regarding bicycle facilities, including short
and long term parking, showers, and lockers.
3. Requires DGS to consider the guidelines established by
the Sacramento Area Bicycle Advocates State Bicycle
Facilities - Statewide Policies and Recommendations and
the Bicycle Parking Guidelines by the Association of
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Pedestrian and Bicycle Professionals - when promulgating
the regulations.
4. Also, requires DGS to seek input from the State
Architect, other appropriate state entities, the building
and construction industry, recognized bicycle advocacy
groups, the League of California Cities, the California
State Association of Counties, and other interested
organizations and the public.
5. Requires existing state-owned office buildings, and
other buildings deemed appropriate by DGS, to be
retrofitted to include short term bicycle parking, by
December 31, 2009.
6. Stipulates that for existing state-owned office
buildings and other buildings deemed appropriate by DGS,
the inclusion of long-term bicycle parking, showers, and
lockers for employee use shall be a priority when the
building is renovated.
7. Requires DGS to make every effort to negotiate, or
renegotiate, state leases for inclusion of facilities for
bicycle commuters and visitors in state office buildings
and other buildings deemed appropriate by DGS.
8. Requires each state agency to develop a program to
manage its bicycle facilities so that bicycle parking and
lockers are assigned fairly and access to showers is
available. Also, provides that such facilities must be
available for workers at state buildings, whether they
are state employees, contract employees, interns, or
volunteers.
9. Stipulates that each state agency shall develop a
program to promote and encourage bicycle commuting and
the use of bicycles for work-related trips.
EXISTING LAW
Existing law establishes DGS as the state entity
responsible for providing a broad range of functions
including, procurement and contracting for goods and
services; real estate and design services of state
buildings; telecommunications; fleet management;
information services; publishing services; architectural
services; energy efficiency programs; legal services; and
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building maintenance.
Existing law (Government Code Section 14679.5) provides
that 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 bicycles and moped riders. The law defines
"parking facility" to mean any facility or combination of
facilities for parking which contains six or more parking
spaces.
Executive Order S-20-04 of 2004 issued by Governor
Schwarzenegger, established the Green Building Initiative,
which ordered the state to take specified actions relative
to improving energy efficiency in buildings, including
encouraging a reduction in energy purchases, adoption of
energy efficiency guidelines, and increasing energy
efficiency.
BACKGROUND
This measure essentially requires that provisions for
bicycle parking, including showers and lockers, be included
in planning for new and renovated state-owned and
state-leased buildings. Currently, the state does not have
standards in place for the design, quantity, location, or
operation of bicycle parking facilities in state-owned or
leased buildings.
Purpose of AB 163: According to the author's office, the
State of California has established 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. The
author's office emphasizes that this measure is intended to
increase levels of bicycling by state employees and by
visitors to state buildings to help attain all of these
important goals.
Arguments in Support: Proponents claim that 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
non-existent or inadequate bike facilities at the
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workplace. In addition to a lack of safe bicycle storage
facilities in state buildings, cyclists generally have no
place to shower or store clothes and other personal items.
Proponents also point out that the state's policies have
been inconsistent between (and sometimes within)
departments, agencies and locations. For example, some
state employees enjoy state of the art bike facilities
(e.g., CalEPA building) while accommodations elsewhere are
substandard-making it difficult or impossible to bike
commute. In addition, sometimes privileges or facilities
are available to some categories of employees, but denied
to others.
Proponents argue that 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.
Proponents reference numerous communities throughout
California (e.g., cities of Davis, Chico, Palo Alto,
Pasadena, Long Beach, Santa Barbara, and San Diego) that
have instituted innovative projects and bicycle-friendly
local policies that have boosted the share of trips taken
by pollution-free vehicles and helped move bike commuting
from an invisible subculture to an organized pursuit.
Proponents believe that there is tremendous untapped
potential for increased use of bicycles throughout the
state to help meet transportation needs of state employees
and others. This measure is intended to reduce existing
impediments, encourage cycling, reduce emissions, ease
traffic congestion, and make state facilities user-friendly
for cyclists.
RELATED LEGISLATION
AB 35 (Ruskin) 2007-08 Session. Would create the
Sustainable Building Act of 2007, which among other things,
requires CalEPA to adopt regulations for sustainable
building standards by July 1, 2009, for constructing and
renovating state buildings that must address certain
matters. (Pending in Senate Appropriations)
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AB 1337 (Ruskin) 2005-06 Session. Required the California
Integrated Waste Management Board to develop green building
standards for state buildings that was otherwise similar to
AB 35 (Ruskin) of 2007 and was vetoed because the Governor
did not believe the board had the expertise to address
these building standard matters.
SUPPORT: As of July 5, 2007:
Sacramento Area Bicycle Advocates
Service Employees International Union Local 1000
And, numerous private individuals
OPPOSE: None on file as of July 5, 2007.
FISCAL COMMITTEE: Senate Appropriations Committee