Bill Text: CA AB1193 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Bikeways.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2014-09-20 - Chaptered by Secretary of State - Chapter 495, Statutes of 2014. [AB1193 Detail]

Download: California-2013-AB1193-Amended.html

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BILL NUMBER: AB 1193	AMENDED
	BILL TEXT

	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

INTRODUCED BY   Assembly Member Ting
   (Coauthors: Assembly Members Bloom, Gatto, Lowenthal, and
Wieckowski)

                        FEBRUARY 22, 2013

   An act to amend  Section 42872.1 of the Public Resources Code,
to amend  Sections 890.4, 890.6,  and 891 
 891, 891.5, and 2551  of, to add Section 885.1 to, and to
repeal Section 891.1 of, the Streets and Highways Code,   and to
amend Sections 231.5 and 21211 of the Vehicle 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 additionally provide for Class IV bikeways, also
known as cycle tracks or separated bikeways, as specified. 

   This bill would instead revise and reclassify these "bikeways" as
bike paths, bike lanes, bike routes, and cycle tracks, as specified.

   (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 agencies, to establish minimum
safety design criteria for each  class of bikeways, 
 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  require all city, county, regional, and other
local agencies to utilize the uniform specifications and symbols for
signs, markers, and traffic control devices established by the
department and would authorize those agencies to utilize the minimum
safety design criteria   authorize a local agency to
utilize other minimum safety criteria 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. 
   (4) The bill would also make technical and conforming changes to
various cross-references in state code provisions. 
   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 bicycle 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 proven to attract many more people to
bicycling and to reduce collision rates compared to unimproved
streets or streets with typical bike lanes.
   (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 growth in all groups, in particular among people
of color.
   (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 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.
   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  Class I bikeways   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.
   SEC. 2.   SEC. 3.   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.
   SEC. 3.   SEC. 4.   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 for bicycle travel. For purposes of this
article, bikeways shall be categorized as follows:
   (a)  Class I bikeways, also known as "bike paths" or
"shared-use paths,"   Bike paths,    which
provide a completely separated right-of-way designated for the
exclusive use of bicycles and pedestrians with crossflows by
motorists minimized.
   (b)  Class II bikeways, also known as "bike lanes,"
  Bike lanes,  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) Class III bikeways, also known as onstreet or
offstreet "bike routes,"   Bike routes,  which
provide a right-of-way  on-street or off-street,  designated
by signs or permanent markings and shared with pedestrians and
motorists.
   (d)  Class IV bikeways, also known as "cycle tracks" or
"separated bikeways,"   Cycle tracks,   
which provide a right-of-way designated exclusively for bicycle
travel  within   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.
   SEC. 4.   SEC. 5.   Section 890.6 of the
Streets and Highways Code is amended to read:
   890.6.  The department, in cooperation with county and city
governments, shall establish minimum safety design criteria for the
planning and construction of each  class   type
 of bikeway identified in Section 890.4 and roadways where
bicycle travel is permitted. The 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.
   SEC. 5.   SEC. 6.   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  may
  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 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. 
   SEC. 6.   SEC. 7.   Section 891.1 of the
Streets and Highways Code is repealed.
   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  class 1 bikeways   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  class
1 bikeways   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  Class I
bikeway,   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
 class I bikeway,   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  bikeway   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.