BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 819|
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                                 THIRD READING


          Bill No:  AB 819
          Author:   Wieckowski (D)
          Amended:  8/14/12 in Senate
          Vote:     21

           
           SENATE TRANSPORTATION & HOUSING COMM. :  8-0, 7/3/12
          AYES:  DeSaulnier, Gaines, Kehoe, Lowenthal, Pavley, Rubio, 
            Simitian, Wyland
          NO VOTE RECORDED:  Harman

           SENATE APPROPRIATIONS COMMITTEE  :  5-2, 8/6/12
          AYES:  Kehoe, Alquist, Lieu, Price, Steinberg
          NOES:  Walters, Dutton

           ASSEMBLY FLOOR  :  54-21, 1/26/12 - See last page for vote


           SUBJECT  :    Bikeways

           SOURCE  :     California Bicycle Coalition
                      California Association of Bicycle Organizations


           DIGEST  :    This bill requires, by June 30, 2013, the 
          Department of Transportation (Caltrans) to establish 
          procedures to permit exceptions to adopted designs and 
          markings for bikeway construction and bicycle travel.

           ANALYSIS  :    Under existing law, Caltrans is responsible 
          for establishing minimum safety design criteria for the 
          planning and construction of bikeways and roadways where 
          bicycle travel is permitted.  These criteria are contained 
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          within a document called the California Highway Design 
          Manual (HDM).  Further, Caltrans establishes 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.  Caltrans adopts these 
          specifications, along with standards for all traffic 
          control devices, in the California Manual on Uniform 
          Traffic Control Devices (MUTCD).

          Existing law requires all local agencies responsible for 
          the development or operation of bikeways or roadways where 
          bicycle travel is permitted to utilize Caltrans-adopted 
          design criteria and specifications as contained in the HDM 
          and MUTCD.  Although existing procedures of the 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.  


          This bill:

          1.Requires, by January 1, 2013, Caltrans to establish 
            procedures to permit exceptions to the HDM and MUTCD 
            related to bikeways and roadways where bicycle travel is 
            permitted for the purposes of research, experimentation, 
            testing, evaluation, or verification.  

          2.Requires Caltrans to submit a report to the Legislature 
            by November 1, 2014 on permitting exceptions to 
            established design standards and specifications, 
            including: 

             A.   The number of local agency requests received by 
               Caltrans between July 1, 2013 and June 30, 2014. 

             B.   The number of exceptions granted by Caltrans in 
               that period. 

             C.   The reasons for rejecting any requests.

          1.Sunsets the reporting requirements on January 1, 2016.







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           Comments
           
           Caltrans' liability concerns  .  Caltrans is often reluctant 
          to adopt new or experimental design standards for good 
          reason.  Should some transportation structure that meets 
          the state's design standards experience some tragic 
          results, the state ultimately can be found liable and have 
          to pay large sums of money in settlements.  In roadway 
          design, many years and miles of experience have led to 
          generally expected outcomes and agreed upon standards.  
          Bikeway design and construction, on the other hand, is 
          still being developed and refined nationwide.  This bill is 
          attempting to establish a process by which Caltrans can 
          consider evolving bikeway design standards and approve some 
          proposals for experimentation and verification of safety.  
          Then, if the facilities tested provide successful results, 
          Caltrans can be more comfortable adopting new design 
          standards statewide.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

          According to the Senate Appropriations Committee, 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.

           SUPPORT  :   (Verified  8/14/12)

          California Bicycle Coalition (co-source) 
          California Association of Bicycle Organizations (co-source) 

          AFSCME
          Metropolitan Transportation Commission
          Santa Clara County Board of Supervisors


           ASSEMBLY FLOOR  :  54-21, 1/26/12
          AYES:  Alejo, Allen, Ammiano, Atkins, Beall, Block, 
            Blumenfield, Bonilla, Bradford, Brownley, Buchanan, 







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            Butler, Campos, Carter, Cedillo, Chesbro, Dickinson, Eng, 
            Feuer, Fletcher, Fong, Fuentes, Furutani, Galgiani, 
            Gatto, Gordon, Hall, Hayashi, Roger Hern�ndez, Hill, 
            Huber, Hueso, Huffman, Lara, Bonnie Lowenthal, Ma, 
            Mendoza, Mitchell, Monning, Nestande, Norby, Olsen, Pan, 
            Perea, V. Manuel P�rez, Portantino, Skinner, Solorio, 
            Swanson, Torres, Wieckowski, Williams, Yamada, John A. 
            P�rez
          NOES:  Achadjian, Bill Berryhill, Conway, Cook, Donnelly, 
            Beth Gaines, Garrick, Grove, Hagman, Harkey, Jeffries, 
            Jones, Knight, Logue, Mansoor, Miller, Morrell, Nielsen, 
            Silva, Valadao, Wagner
          NO VOTE RECORDED:  Charles Calderon, Davis, Gorell, 
            Halderman, Smyth


          JJA:n  8/14/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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