BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair


          AB 819 (Wieckowski) - Bikeway design standards. 
          
          Amended: August 6, 2012         Policy Vote: T&H 8-0
          Urgency: No                     Mandate: No
          Hearing Date: August 6, 2012                           
          Consultant: Mark McKenzie       
          
          This bill does not meet the criteria for referral to the 
          Suspense File. 

          
          Bill Summary: AB 819 would require the Department of 
          Transportation (Caltrans) to establish procedures to permit 
          exceptions to bikeway design standards and specifications for 
          specified research and experimental purposes by January 1, 2013.

          Fiscal Impact: Potential Caltrans staffing costs in the range of 
          $100,000 to $150,000 in 2012-13 to develop procedures and 
          administer a process for reviewing requests for non-standard 
          bikeway designs.  Actual costs would depend upon the number of 
          local agency requests for implementing non-standard bikeway 
          designs.

          Background: Existing law requires Caltrans, in cooperation with 
          cities and counties, to establish minimum safety design criteria 
          for the planning and construction of bikeways and roadways where 
          bicycle travel is permitted.  These criteria are updated at 
          least biennially and included in the California Highway Design 
          Manual (HDM).  Existing law also requires Caltrans to establish 
          uniform specifications and symbols for signs, markers, and 
          traffic control devices to designate bikeways, regulate traffic, 
          improve safety and convenience for bicyclists, and alert 
          pedestrians and motorists of the presence of bicyclists where 
          bicycle travel is permitted.  These specifications are included 
          in the California Manual on Uniform Traffic Control Devices 
          (MUTCD).

          Existing law also requires local agencies that are 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.  








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          Although existing procedures of the California MUTCD provide for 
          experimental traffic control devices upon consideration by the 
          California Traffic Control Devices Committee, there is no 
          similar process expressly for the consideration of experimental 
          or modified bikeway designs.

          Proposed Law: AB 819 would require Caltrans to establish 
          procedures by January 1, 2013 to allow exceptions to the minimum 
          safety design criteria established in the HDM and to the uniform 
          specifications adopted in the MUTCD for purposes of research, 
          experimentation, testing, evaluation, or verification.  The bill 
          would also require Caltrans to submit a report to the 
          Legislature by April 1, 2014 on permitting exceptions to 
          established design standards and specifications, including: (1) 
          the number of local agency requests received by Caltrans in 
          2013; (2) the number of exceptions granted by Caltrans in that 
          period; and (3) the reasons for rejecting any requests.

          Staff Comments: This bill would allow local agencies to 
          experiment with innovative bikeway planning, design, and 
          construction features, as well as non-standard signage, markers, 
          and traffic control devices, upon approval from Caltrans.  It is 
          unclear how many cities and counties may be interested in 
          seeking exceptions to established bikeway standards and 
          specifications.  To the extent that demand exceeds available 
          staffing resources to review and approve proposals, Caltrans may 
          require 1-1.5 PY of additional staff to handle increased 
          workload, including the establishment of procedures for 
          consideration of exceptions to established bikeway standards and 
          specifications.  Costs could be in the range of $100,000 to 
          $150,000 in the first year, with ongoing costs of up to 
          $100,000.  

          Staff notes that the timelines in the bill appear to be 
          inappropriate.  Specifically, Caltrans is required to establish 
          procedures by January 1, 2013, the same day in which the statute 
          goes into effect.  In addition, the administrative process 
          related to producing a report for the Legislature typically 
          takes up to four months to complete.

          Recommended Amendments: Staff recommends that the bill be 
          amended to change the due date for Caltrans to establish 
          procedures for consideration of non-standard bikeway proposals 
          to June 30, 2013, and change the due date of the report to the 








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          Legislature to November 1, 2014.  This amendment would provide 
          sufficient time to establish a procedure, allow for a full year 
          of data collection over the 2013-14 fiscal year, and provide 
          sufficient time for Caltrans to submit a report to the 
          Legislature.