BILL ANALYSIS �
AB 819
Page 1
ASSEMBLY THIRD READING
AB 819 (Wieckowski)
As Amended January 11, 2012
Majority vote
TRANSPORTATION 10-3 APPROPRIATIONS 12-5
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|Ayes:|Bonnie Lowenthal, |Ayes:|Fuentes, Blumenfield, |
| |Blumenfield, Bonilla, | |Bradford, Charles |
| |Buchanan, Eng, Mitchell, | |Calderon, Campos, |
| |Galgiani, Norby, | |Chesbro, Gatto, Hall, |
| |Portantino, Solorio | |Hill, Ammiano, Mitchell, |
| | | |Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Jeffries, Achadjian, |Nays:|Harkey, Donnelly, |
| |Miller | |Nielsen, Norby, Wagner |
| | | | |
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SUMMARY : Requires the California Department of Transportation
(Caltrans) to establish procedures for local agencies to request
approval to use: 1) nonstandard planning, design, and
construction features in construction of bikeways and roadways;
and, 2) nonstandard signs, markers, and traffic control devices
where bicycle travel is permitted; for purposes of research,
experimentation, and verification.
EXISTING LAW :
1)Requires Caltrans to establish minimum safety design criteria
for the planning and construction of bikeways. Caltrans adopts
these rules as incorporated within the California Highway Design
Manual (HDM) that prescribes, among other things, guidance for
the design and development of bicycle projects.
2)Defines, under federal regulation, the standards used by road
managers nationwide to install and maintain traffic control
devices on all public streets, highways, bikeways, and private
roads open to public traffic. The Manual on Uniform Traffic
Control Devices, or MUTCD, is published and maintained by the
Federal Highway Administration.
3)Charges Caltrans with adopting uniform standards for all
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traffic control devices to be used on California streets and
highways, after consultation with local authorities. Caltrans
adopts these rules as the California MUTCD, in coordination
with local entities.
4)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 as
adopted by Caltrans. Although existing procedures of the
California MUTCD provide for experimental traffic control
devices upon consideration by the California Traffic Control
Devices Committee, with input from bicycle organizations, there
is no similar process expressly for the consideration of
experimental or modified bikeway designs.
5)Enacts the Complete Streets Act of 2008 (Act), pursuant to AB
1358 (Leno), Chapter 657, Statutes of 2008, to ensure better
accommodation for all users of streets, roads, and highways.
Specifically, the Act required the Office of Planning and
Research to amend its "General Plan Guidelines" for the
circulation element to specify how local officials can
accommodate safe and convenient travel for all roadway users.
The Act also required cities and counties, upon any substantive
revision, to modify their circulation elements to plan to
achieve a balanced multi-modal transportation network that
meets the needs of all users of streets, roads, and highways.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, depending on the amount of requests received to use
non-standard designs, Caltrans could require up to two positions,
at an annual special fund cost of around $240,000, to first
develop and then implement the procedures, including reviewing
and accepting, rejecting, or revising requests for non-standard
applications, and then evaluating the efficacy of these
non-standard features for statewide application.
COMMENTS : According to the author, the intent of this bill is,
"to expedite the development of bikeways that have proved to
safely accommodate and attract many more people to bicycling for
transportation. This bill will accomplish that by approving many
designs that are currently effectively prohibited and by
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substantially reducing the bureaucratic costs of developing such
bikeways. More bicycling is a very effective way to achieve many
of our state's goals: healthier people, fewer traffic injuries,
stronger economy, and reduced greenhouse gases."
The January 4, 2012, bill version would have authorized the
consideration of guidelines as adopted by the American
Association of State Highway and Transportation Officials
(AASHTO) or a guidance document as recently published by the
National Association of City Transportation Officials (NACTO) for
the development of bicycle projects. The sponsor of this bill
asserts that the NACTO publication, "The Urban Bikeway Design
Guide," provides guidance for local governments for many designs
currently not covered in California through the Caltrans Design
Manual. Some have expressed concerns with this option especially
as the guidance document to be considered by local agencies as
developed by NACTO has not been adequately peer reviewed by
transportation officials and, accordingly, could have an
unintended consequence of putting bicyclists and motorists at
danger if bicycle projects, as included in the NACTO guidance
document, are implemented by local agencies.
Consequently, this bill's sponsor, the California Bicycle
Coalition, and the author agreed to amend the bill to eliminate
the consideration of the NACTO guidance document for the
development of new bicycle projects. Instead, the bill would
establish a procedure for local agencies to allow nonstandard
planning, design, and construction features for bicycle projects
as well as traffic control devices not currently adopted in the
HDM or the California MUTCD. Basically, the alternative
procedures would allow local agencies to implement experimental
bikeway projects and signage currently not authorized in either
of these two manuals.
Under current law, Caltrans is charged with adopting uniform
standards for all traffic control devices to be used on
California streets and highways, after consultation with local
authorities.
Caltrans adopts these rules as the California MUTCD, in
coordination with local entities. Although existing procedures
of the California MUTCD provide for experimental traffic control
devices upon consideration by the California Traffic Control
Devices Committee, with input from bicycle organizations, there
is no similar process expressly for the consideration of
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experimental or modified bikeway designs to be considered in the
HDM.
Support : Writing in support of this bill if amended, the
sponsor, the California Bicycle Coalition, indicates that
"Currently, California law requires all city, county, regional,
or other local agencies, in the development and operation of
bikeways, to adhere to only the design criteria, standards, and
traffic control devices developed by Caltrans. These are
published in the California HDM and the California MUTCD. These
documents lack guidance for a large number of designs that �have
been] proven to effectively accommodate and encourage safer
bicycle travel in other states and countries. Without guidance,
local agencies are required to go through a time-consuming and
therefore expensive experimentation process in the case of
traffic control devices, or are expressly prohibited from using
these designs in the case of matters of roadway design. Many of
these designs are well-tested in other jurisdictions, and
criteria and standards for most are available in manuals besides
the HDM and California MUTCD, the only ones authorized for
bikeway development in California. It is worth noting that local
agencies are not required to adhere strictly to the HDM and the
California MUTCD in developing local roadways not owned by
Caltrans; the rule applies just to bikeways."
Related legislation : AB 345 (Atkins) of 2011, would have
established in statute the California Traffic Control Devices
Committee. The bill was held in the Senate as Caltrans
implemented the bill's requirements through administrative
action.
Analysis Prepared by : Ed Imai / TRANS. / (916) 319-2093
FN: 0003029