Amended in Senate August 21, 2014

Amended in Senate July 1, 2014

Amended in Senate June 18, 2014

Amended in Assembly January 23, 2014

Amended in Assembly January 6, 2014

Amended in Assembly April 25, 2013

Amended in Assembly April 16, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1193

Introduced by Assembly Member Ting

(Coauthors: Assembly Members Bloom, Gatto, Lowenthal, and Wieckowski)

February 22, 2013

An act begin delete to amend Section 42872.1 of the Public Resources Code, end delete to amend Sections 890.4, 890.6, begin delete 891, 891.5, and 2551 end delete begin insert and 891 end insert of, to add Section 885.1 to, and to repeal Section 891.1 of, the Streets and Highways begin delete Code, and to amend Sections 231.5 and 21211 of the Vehicle end delete Code, relating to bikeways.

LEGISLATIVE COUNSEL’S DIGEST

AB 1193, as amended, Ting. Bikeways.

(1) Existing law defines “bikeway” for certain purposes to mean all facilities that provide primarily for bicycle travel. Existing law categorizes bikeways into 3 classes of facilities.

This bill would begin delete instead revise and reclassify these “bikeways” as bike paths, bike lanes, bike routes, and cycle tracks, as specified. end delete begin insert additionally categorize cycle tracks or separated bikeways, as specified, as Class IV bikeways. end insert

(2) Existing law requires the Department of Transportation, in cooperation with county and city governments, to establish and update minimum safety design criteria for the planning and construction of bikeways, and requires the department to establish uniform specifications and symbols regarding bicycle travel and bicycle traffic related matters. Existing law 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 of those minimum safety design criteria and uniform specifications and symbols.

This bill would revise these provisions to require the department, in cooperation with local begin delete agencies, end delete begin insert agencies and in consultation with the existing advisory committee of the department dedicated to improve access for persons with disabilities, end insert to establish minimum safety design criteria for each type of bikeway with consideration for the safety of vulnerable populations, as specified, and would require the department to publish the new criteria by January 1, 2016. The bill would authorize a local agency to utilize other minimum safety criteria begin insert that meet specified conditions end insert if adopted by resolution at a public meeting, as specified.

(3) Existing law requires the Department of Transportation to establish, by June 30, 2013, procedures for cities, counties, and local agencies to be granted exceptions from the requirement to use design criteria and uniform specifications for purposes of research, experimentation, testing, evaluation, or verification. Existing law requires the department, by November 1, 2014, to report to the transportation policy committees of both houses of the Legislature the steps that the department has taken to implement those requirements, including, but not limited to, information regarding requests received and granted by the department from July 1, 2013, to June 30, 2014, inclusive, for those exceptions, and the reasons the department rejected any requests for those exceptions.

This bill would repeal those requirements.

begin delete

(4) The bill would also make technical and conforming changes to various cross-references in state code provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) It is the goal of the state to increase the number of trips
Californians take by begin delete bicycle end delete begin insert bicycling, walking, end insert and other forms
of active transportation in order to help meet the state’s greenhouse
gas emissions reduction goals, improve Californians’ health by
helping more people be active, and stimulate the economy.

(b) Protected bikeways are begin delete proven to attract many more people
to bicycling and to reduce collision rates compared to unimproved
streets or streets with typical bike lanes. end delete begin insert part of a vital
transportation infrastructure used by many to commute to and
from work and other destinations. Unlike trails or pathways used
for recreation, protected bikeways provide alternatives to vehicles
that otherwise would transport citizens across the state’s roads
and highways. end insert

(c) Property and businesses adjacent to protected bikeways
experience increases in real estate values and sales compared to
unimproved streets.

(d) Bicycling accounts for 2,000,000 trips every day in
California, showing begin delete growth in all groups, in particular among
people of color. end delete begin insert the important role that bicycles play in
transportation. end insert

(e) Safe street-level bikeways are proven to reduce bike riding
on the sidewalk, wrong-way riding, and other illegal or unsafe
bicycling practices.

(f) It is the objective of the state to encourage the planning,
design, and construction of protected bikeways begin insert , so as to foster
bicycling as a means of transportation, end insert in a manner that improves
safety for all users, including motorists, transit users, pedestrians,
and persons with disabilities, with special attention to the needs
of visually impaired persons.

begin delete

SEC. 2.  

Section 42872.1 of the Public Resources Code is
amended to read:

42872.1.  

(a) This section shall be known, and may be cited,
as the Rubberized Pavement Market Development Act.

(b) In accordance with the tire recycling program authorized by
Section 42872, the department shall award grants in the following
manner:

(1) To cities, counties, and other local governmental agencies
for the funding of public works projects that utilize rubberized
pavement.

(2) To state and local governmental agencies, including regional
park districts, for the funding of disability access projects at parks
and bike paths as defined in subdivision (a) of Section 890.4,
relative to projects that utilize rubberized pavement.

(c) (1) Except as provided in paragraph (2), the department
shall award the grants pursuant to subdivision (b) in the amount
of two dollars ($2) for every 12 pounds of crumb rubber used in
a public works or disability access project by a state or local
governmental agency, including a regional park district.

(2) The department may adjust the amount of grants awarded
pursuant to paragraph (1) to an amount that is greater than, or less
than, two dollars ($2) for every 12 pounds of crumb rubber if the
department finds this adjustment would further the purposes of
this article.

(d) This section shall become inoperative on June 30, 2019,
and, as of January 1, 2020, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2020,
deletes or extends the dates on which it becomes inoperative and
is repealed.

end delete

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

Section 885.1 is added to the Streets and Highways
Code, to read:

885.1.  

This chapter shall be known, and may be cited, as the
Protected Bikeways Act of 2014.

begin delete SEC. 4. end delete
begin insert SEC. 3. end insert   

Section 890.4 of the Streets and Highways Code is
amended to read:

890.4.  

As used in this article, “bikeway” means all facilities
that provide primarily begin delete for end delete begin insert for, and promote, end insert bicycle travel. For
purposes of this article, bikeways shall be categorized as follows:

(a) Bike begin delete paths, end delete begin insert paths or shared use paths, also referred to as
“Class I bikeways,” end insert which provide a completely separated
right-of-way designated for the exclusive use of bicycles and
pedestrians with crossflows by motorists minimized.

(b) Bike lanes, begin insert also referred to as “Class II bikeways,” end insert which
provide a restricted right-of-way designated for the exclusive or
semiexclusive use of bicycles with through travel by motor vehicles
or pedestrians prohibited, but with vehicle parking and crossflows
by pedestrians and motorists permitted.

(c) Bike routes, begin insert also referred to as “Class III bikeways,” end insert which
provide a right-of-way on-street or off-street, designated by signs
or permanent markings and shared with pedestrians and motorists.

(d) Cycle begin delete tracks, end delete begin insert tracks or separated bikeways, also referred to
as “Class IV bikeways,” end insert which begin insert promote active transportation and end insert
provide a right-of-way designated exclusively for bicycle travel
adjacent to a roadway and which are protected from vehicular
traffic. Types of separation include, but are not limited to, grade
separation, flexible posts, inflexible physical barriers, or on-street
parking.

begin delete SEC. 5. end delete
begin insert SEC. 4. end insert   

Section 890.6 of the Streets and Highways Code is
amended to read:

890.6.  

begin insert (a) end insert begin insert   end insert The department, in cooperation with county and
city governments, shall establish minimum safety design criteria
for the planning and construction of each type of bikeway identified
in Section 890.4 and roadways where bicycle travel is permitted.
begin delete The end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert criteria shall include, but not be limited to, the design
speed of the facility, minimum widths and clearances, grade, radius
of curvature, pavement surface, actuation of automatic traffic
control devices, drainage, and general safety, with consideration
for the safety of vulnerable populations, such as children, seniors,
persons with impaired vision, and persons of limited mobility. The
criteria shall be published by January 1, 2016, and updated
biennially, or more often, as needed.

begin insert

(c) The criteria shall be established in consultation with the
existing advisory committee of the department dedicated to
improving access for persons with disabilities.

end insert

begin delete SEC. 6. end delete
begin insert SEC. 5. end insert   

Section 891 of the Streets and Highways Code is
amended to read:

891.  

(a) All city, county, regional, and other local agencies
responsible for the development or operation of bikeways or
roadways where bicycle travel is permitted shall utilize the
minimum safety design criteria established pursuant to Section
890.6, except as provided in subdivision (b), and shall utilize the
uniform specifications and symbols for signs, markers, and traffic
control devices established pursuant to Section 890.8.

(b) An agency may utilize minimum safety design criteria other
than those established by Section 890.6 if begin delete the criteria are adopted
by resolution at a public meeting as a standing policy or if the
criteria are included in the description of a project approved at a
public meeting. end delete begin insert all of the following conditions are met: end insert

begin insert

(1) The alternative criteria have been reviewed and approved
by a qualified engineer with consideration for the unique
characteristics and features of the proposed bikeway and
surrounding environs.

end insert begin insert

(2) The alternative criteria, or the description of the project
with reference to the alternative criteria, are adopted by resolution
at a public meeting, after having provided proper notice of the
public meeting and opportunity for public comment.

end insert begin insert

(3) The alternative criteria adhere to guidelines established by
a national association of public agency transportation officials.

end insert

begin delete SEC. 7. end delete
begin insert SEC. 6. end insert   

Section 891.1 of the Streets and Highways Code is
repealed.

begin delete

SEC. 8.  

Section 891.5 of the Streets and Highways Code is
amended to read:

891.5.  

The Sacramento Area Council of Governments, pursuant
to subdivision (d) of Section 2551, may purchase, operate, and
maintain callboxes on bike paths as defined in subdivision (a) of
Section 890.4.

SEC. 9.  

Section 2551 of the Streets and Highways Code is
amended to read:

2551.  

(a) A service authority for freeway emergencies may
be established in any county if the board of supervisors of the
county and the city councils of a majority of the cities within the
county having a majority of the population of cities within the
county adopt resolutions providing for the establishment of the
authority.

(b) The resolutions may designate the county transportation
commission for the county, created pursuant to Division 12
(commencing with Section 130000) of the Public Utilities Code
or council of governments formed pursuant to Chapter 5
(commencing with Section 6500) of Division 7 of Title 1 of the
Government Code, as the service authority for freeway
emergencies. The powers of a commission or council of
governments so designated are limited to those of the service
authority.

(c) The Metropolitan Transportation Commission may function
as the service authority for freeway emergencies in any or all of
the Counties of Santa Clara, San Mateo, Alameda, Contra Costa,
Marin, Solano, Sonoma, Napa, and the City and County of San
Francisco upon adoption of a resolution by the commission to act
as a service authority and upon ratification of the commission’s
resolution in a particular county by the board of supervisors of the
city and county or by the board of supervisors of the county and
by the city councils of the cities within the county having a majority
of the population of the cities within the county.

(d) (1) The Sacramento Area Council of Governments may
function as the service authority for freeway emergencies in any
or all of the Counties of Sacramento, Yolo, Yuba, Sutter, and San
Joaquin, or any other county that is not within another multicounty
service authority, upon adoption of a resolution by the council to
act as a service authority and upon ratification of the resolution in
a particular county by the board of supervisors of the county and
by the city councils of the cities within the county having a majority
of the population of the cities within the county.

(2) The Sacramento Area Council of Governments may also
exercise, as a service authority, in any of those counties, the powers
specified in Section 891.5 pertaining to callboxes on bike paths as
defined in subdivision (a) of Section 890.4.

(e) As used in this chapter, “authority” and “service authority”
mean a service authority for freeway emergencies created pursuant
to this chapter.

SEC. 10.  

Section 231.5 of the Vehicle Code is amended to
read:

231.5.  

A “bicycle path” or “bike path” is a bike path as defined
in subdivision (a) of Section 890.4 of the Streets and Highways
Code.

SEC. 11.  

Section 21211 of the Vehicle Code is amended to
read:

21211.  

(a) No person may stop, stand, sit, or loiter upon any
bike path as defined in subdivision (a) of Section 890.4 of the
Streets and Highways Code, or any other public or private bicycle
path or trail, if the stopping, standing, sitting, or loitering impedes
or blocks the normal and reasonable movement of any bicyclist.

(b) No person may place or park any bicycle, vehicle, or any
other object upon any bike path or bicycle path or trail, as specified
in subdivision (a), which impedes or blocks the normal and
reasonable movement of any bicyclist unless the placement or
parking is necessary for safe operation or is otherwise in
compliance with the law.

(c) This section does not apply to drivers or owners of utility
or public utility vehicles, as provided in Section 22512.

(d) This section does not apply to owners or drivers of vehicles
who make brief stops while engaged in the delivery of newspapers
to customers along the person’s route.

(e) This section does not apply to the driver or owner of a
rubbish or garbage truck while actually engaged in the collection
of rubbish or garbage within a business or residence district if the
front turn signal lamps at each side of the vehicle are being flashed
simultaneously and the rear turn signal lamps at each side of the
vehicle are being flashed simultaneously.

(f) This section does not apply to the driver or owner of a tow
vehicle while actually engaged in the towing of a vehicle if the
front turn signal lamps at each side of the vehicle are being flashed
simultaneously and the rear turn signal lamps at each side of the
vehicle are being flashed simultaneously.

end delete