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HomeMy WebLinkAbout07/18/2000, 2 - SENATE BILL 1629: GOOD ROADS FOR THE 21ST CENTURY ACT council ' July 18,2000 j acEnaa aEpout CITY O F SAN LUIS O B I S P O FROM: Mike McCluskey,Director of Public Works Prepared By: Terry Sanville,Principal Transportation Planner'U> SUBJECT: SENATE BILL 1629: GOOD ROADS FOR THE 21' CENTURY ACT BICYCLE ADVISORY COMMITTEE RECOMMENDATION: Adopt a resolution supporting the passage of SB1629 as drafted(see Attachment F) CAO RECOMMENDATION: Adopt a resolution supporting the passage of SB 1629 if it is amended to: exclude local and collector residential streets (roads within residential districts forecast to cant' 3,000 vehicles per day or less); enable the phasing of street improvements; and define important terms that are used to determine the bill's application, and forward it to the City's State legislators(see Attachment E). REPORT IN BRIEF The State legislature is considering a bill — SB 1629 — that would require bicyclists and pedestrians to be accommodated on new roads built after January 1, 2003. The City's Bicycle Advisory Committee(BAC) has recommended that the Council support this legislation. In contrast,City staff believes that bikeways on low-volume residential local and collector streets are not necessary and could raise other neighborhood traffic management and vehicle parking issues, and therefore recommends that the Council support SB 1629 if it is amended to exclude local and collector residential streets. Staff further recommends that the bill be amended to address various administrative issues. DISCUSSION A. Background: At its June 15, 2000 meeting the Bicycle Advisory Committee (BAC) reviewed Senate Bill 1629 (Attachment Q. This issue was brought to the committee by one of its members, Bruce Collier. After a brief discussion, the committee unanimously recommended that the City Council support SB 1629 and forward a recommendation of support to State Legislators representing the San Luis Obispo area. A pertinent excerpt from the BAC minutes is attached(Attachment D). SB 1629, entitled the "Good Roads for the 21' Century Act," would establish design standards for new roads and modifications to existing roads that ensure bicycle and pedestrian access. Key elements of the bill include the following provisions: 1. All new streets (except those where construction began prior to January 1, 2003 or when a construction contract has been awarded before that date) must accommodate bicyclists and pedestrians. 2-1 Council Agenda Report: SBI 629—Good Roads for the 219 Century Act Page 2 2. The resurfacing,restoration,or rehabilitation of existing streets must not result in a decrease to the existing level of pedestrian and bicycle access and safety features along and across those streets. 3. On new streets,bicyclists must be accommodated by bike lanes or a shared roadway. A shared roadway is described as a roadway that includes shoulders. 4. Agencies may conduct a public hearing and approve exemptions to the provisions of SB 1629 if any one of a list of five exemption findings can be made. B. Staff Analysis: The primary effect of this legislation in San Luis Obispo would be on the construction of new streets within growth areas identified by the General Plan or on the reconstruction of existing streets when additional vehicle lanes are proposed The following evaluation is based on the version of SB 1629 as amended on June 15,2000. 1. Sidewalk Requirements: SB 1629 would require sidewalks to be installed along both sides of new streets. This requirement is consistent with standard City practice for new streets within both residential and commercial areas. Therefore SB 1629 should have limited effect. However,there are times when the City has allowed streets to be partially constructed(curbs, gutters and sidewalks on one side, plus paving a half street plus a travel lane) and has deferred the installation of frontage facilities on one side of the street until the adjoining property is developed. SB 1629 does not specifically address this situation. However,it does provide an"exception process" (Paragraph H.2.) that requires a public hearing to be held to consider exception requests. SB 1629 presents five (5) criteria that local agencies would use to grant exceptions. Depending on the particular circumstances,the situation described above may qualify for an exception under Criterion 2 (alternative route available),or Criterion 4 (sparse population). Thus, if passed in its current form, SB 1629 would require a public hearing for each partial road widening project. 2. Bikeway Requirements. Under provisions of the City's adopted Bicycle Transportation Plan (1993),only street corridors designated by Plan include bike lanes, parallel bike paths, or paved shoulders. SB 1629 will significantly effect the design of new local and collector roadways in growth areas and possibly require more land and street right-of-way to comply with its provisions. The City's current policy is to provide bicycle access consistent with the adopted Bicycle Transportation Plan. The plan stipulates that bike lanes be provided on all arterial streets since they are the primary bicycle commuter routes and that bike paths separated from streets be provided to serve the needs of recreational bicyclists and some commuters. Conversely, on low-volume local and collector streets, bicyclists are supposed to share the road with motor vehicles. SB 1629 stipulates that either bike lanes or a shared roadway (defined by the bill as a roadway with shoulders, a standard most applicable to county areas)would also be required on these types of new streets. 2-2 Council Agenda Report: SS1629—Good Roads for the 21"Century Act Page 3 Staff supports the inclusion of.bikeways on all streets within new commercial and industrial areas and on all new arterial roads. However, staff cannot support their inclusion on local and collector residential streets unless the City's design of these streets is substantially modified to incorporate traffic calming facilities and alternative arrangements for guest parking. Since the speed of traffic in residential areas can be affected by the width of the roadway, providing wider roadways to accommodate bicyclists on low volume residential streets appears contrary to the City's Neighborhood Traffic Management(NTM policies that establish 25 mph as the maximum desirable speed within residential areas. Also, given the low traffic volumes and speeds on these streets, potential conflicts between bicyclists and motorists should be minimal. It was suggested by BAC Member Collier at the June 15' meeting that if the City was concerned about roadway widths in residential areas,then curb parking could be deferred and a street's curb-to- curb dimension could be reduced. This strategy would be a significant departure from past practice but could be prescribed by requisite specific plans for the Margarita and Orcutt residential expansion areas. However,while the local residential roadways could be narrowed from 36-40 feet to about 26- 28 feet(9-10 foot travel lanes with minimal 4 foot shoulders)if curb parking is not provided,a wider "friction free" pathway would be created which might encourage motorists to drive faster. Additionally,past experience indicates that city residents want and expect on-street parking. S131629's exception process can be employed via a public hearing. Criteria 1 (contrary to public safety), Criteria 3 (costs disproportionate to projected need or use) or Criteria 4 (sparse population indicate absence of need) might be applied to new local residential streets, depending on the particular physical setting. The exception process could be employed by the City Council when it adopts requisite specific plans or includes more isolated street reconstruction projects within its Financial Plan. Considering the competing design objectives for residential local and collector streets(none of which appears to be acknowledged by the bill's text), staff recommends that the Council support the exclusion of these types of streets from the scope of SB 1629. This exclusion is part of the CAO Recommendation which defines residential streets as roads within residential districts that are forecast to carry 3,000 vehicles per day or less. This vehicle volume threshold (3,000 vpd) is consistent with the Circulation Element's definition of"Residential Collector"streets. Staff notes that of the 120+miles of streets within San Luis Obispo,a sizable proportion of these are roads within residential districts. Therefore,excluding these streets from the scope of SB 1629 would significantly reduce the bill's potential fiscal impacts(primarily maintenance impacts). 3. Public Hearings and Current City Plans and Ordinances. SB 1629 requires the City to hold a public hearing to grant exceptions to the bill's provisions. This process could be integrated with the City's subdivision and specific planning process. However,depending on the acceptance or rejection of an exception request(examples noted above),significant revisions to the design of 2-3 Council Agenda Report: SB1629—Good Roads for the 21"Century Act Page 4 subdivisions or specific plans could be required. In a limited number of cases, isolated street reconstruction projects,such as removing parking to create turn lanes, may require a public hearing because vehicle lanes are being added. Passage of SB 1629 raises the issue of consistency between it and the City's Subdivision Regulations and standards contained within the Bicycle Transportation Plan, General Plan Circulation Element, and adopted or drafted Specific Plans. If passed,it is likely that some amendments would be needed to inform the public about modified street standards; or as a minimum, these documents should incorporate or reference SB1629's "exception process." Since the bill does not apply to streets where construction is begun before January 1, 2003, there should be adequate time to modify City plans and standards,as appropriate, to comply with the new law. The precise scope of any requisite modifications is unknown at this time. 4. Administrative Issues. It is unknown at this time whether the Commission on State Mandates will determine that the bill contains costs mandated by the State for which reimbursement would be made pursuant to statutory provisions. Staff believes that the City should support this bill contingent upon the Commission makes this finding,which will enable reimbursement for mandated costs. The wording of SB1629 is vague in the description of activities that are exempt from its provisions. A definitions section needs to be included that clearly describes the following terms: highway; vehicle lanes; reconstruction,rehabilitation;restoration; and replacement(see paragraph (2) on last page of attached bill). Finally, as previously discussed in Paragraph B.1 above, the bill should be amended to include provisions that enable the phased construction of improvements within street corridors. 5.Feedback From Other Organizations. (a) The first section of Attachment A presents the Legislative Counsel's Digest. The digest outlines the legal and fiscal impact of the bill on the state concerning reimbursement to local agencies from the State Mandates Claims Fund. (b) Cabobike, a bicycle advocacy organization,supports the passage of SB 1629(see Attachment E). Cabobike maintains that SB1629 is similar to successful legislation in Oregon that has been in effect since 1971 and with other similar laws affecting only state highways in Massachusetts and Hawaii. The central argument in favor of the bill is that since bicycles and pedestrians have the right to travel on almost all local roads and state highways, standards should be created that ensure that these modes be accommodated safely and comfortably. Staff Response: In staff's view, while bicyclists have all the rights and responsibilities of motorists and can travel on all roads (except freeways),the design of roads should respond to their intended use. On busy streets used for employment access and shopping, safe access for bicyclists should be provided by reserving area for their passage. However, on lower volume streets where conflicts with vehicles are minimal,bicyclists can safely share the road with 2-4 Council Agenda Report: SB1629—Good Roads for the 21°Century Act Page 5 motorists. As an extreme example, SB 1629 would require bicycle lanes on a cul-de-sac that serves very few homes. Clearly common sense should prevail,and while the bill proposes to use the public hearing process to establish that common sense,it would be far better to have a well written bill that makes common sense to begin with. (c) The League of California Cities opposes the passage of S131629. No specific legislative discussion paper has been published to date. The League's liaison person,Natasha Fooman,has provided the following comment.(from e-mail dated 6-20-00): The League of California Cities has historically been a strong advocate of pedestrian and bicyclist rights.... as a matter a fact the League last year supported AB 1475. AB 1475 as you know, designated a portion of federal transportation safetyfunding apportioned to the state under the federal Hazard Elimination/Safety (HES) program to be used by local governments to improve school area safety by installing new crosswalks, building bicycle paths and lanes, constructing sidewalks where none exist, and implementing traffic calming programs in neighborhoods around schools. It is very important to note, that the League acknowledges that bicycle transportation and pedestrian safety is important throughout the state. Unfortunately, SB 1629 and SB 1772 would divert transportation funds that we currently need to maintain our street and road systems. This comes at a time when there is an $11 billion in unmet maintenance needs that have been identified on our current city streets and county roads system. Funds necessary for maintaining the street and road systems is a priority at the League and therefore, we must oppose legislation that takes money away from the unmet needs. Staff Response: In staff s view,the content of SB 1629 does not mandate state funding of bicycle and pedestrian facilities. However,another piece of legislation that is winding its way through the state legislative process — SB 1772 — would mandate a significant increase in state funding for bicycle and pedestrian facilities from$1,000,000ep r year in the current fiscal year(escalating to$3 million/year by 2003) to $1,000,000 per month. Staff believes that the League's concern for diverting funds away from street maintenance most directly applies to SB 1772 and less directly to SB 1629(see fiscal impact section below). Attachment F provides an analysis for the Assembly Committee on Transportation. Page 6 and 7 of this material identifies the groups that support or oppose this legislation as of June 23,2000. The Legislature and its various cornmittees are actively debating this legislation and a variety of amendments have already been made to the bill. Staff will provide the latest status of the bill at the July 18`h Council Meeting. Any new information concerning the text of the bill will be provided at that time. 2-5 Council Agenda Report: SBI 629—Good Roads for the 21°Century Act Page 6 FISCAL DIFACTS To the extent that the implementation of SB 1629 will increase the width of paved roads to accommodate bikeways, the City would incur additional maintenance and in some limited instances, capital costs. The amount of any cost increases is unknown. According to the Legislative Counsel's evaluation,passage of SB 1629 would impose a"state-mandated local program." SB 1629 would provide that if the Commission on State Mandates determines that the bill contains costs mandated by the State, reimbursement for those costs shall be made pursuant to statutory provisions. However,given the State's current attitude toward funding for cities and counties,even a positive ruling by the Commission would probably be ignored. It is unknown as of this time whether any capital or maintenance costs could be recovered by the City,but the likelihood of any recovery is small. ALTERNATIVES In addition to the BAC's and CAD's Recommendations,the City Council may: A. Support SB 1629 subject to amendments[Council to specify]other than the one described within the CAD's Recommendation. B. Vote to Oppose SB1629. C. Continue discussion and request that staff provide additional information. ATTACHMENTS Attachment A: Text of SB 1629(June 15,2000 Edition) Attachment B: Bicycle Advisory Committee Minute Excerpt(June 15,2000) Attachment C: Position Paper produced by CoboBike. Attachment D: Synopsis of Assembly Committee on Transportation Analysis Attachment E: Resolution supporting SB 1629 with revisions(CAO's recommendation) Attachment F: Resolution supporting SB 1629 as drafted(BAC's recommendation) 1:\Everyone\CouncilA;endaReports\SB 1629BikeCommitteeRccommendation(1) 2-6 SB 1629 Senate Bill-AMENDED http://info.sen.ca.gov/pu' '/se...629_bill_20000615_amended_asm.html BILL NUMBER: SB 1629 AMENDED BILL TEXT Attachment A AMENDED IN ASSEMBLY JUNE 15, 2000 AMENDED IN SENATE MAY 9, 2000 AMENDED IN SENATE MAY 2, 2000 AMENDED IN SENATE APRIL 24, 2000 INTRODUCED BY Senator Sher FEBRUARY 22, 2000 An act to add Section 894.5 to the Streets and Highways Code, relating to highways. LEGISLATIVE COUNSEL'S DIGEST SB 1629, as amended, Sher. Highways: pedestrian and bicycle access. (1) Existing law requires the Department of Transportation to publish a statewide map illustrating state highway spi}iegi as avai}able , for the use of bicycles, and, where bicycles are p it using a state highway, illustrating alternative routes;'.im1'f$Ie"t8 the bicyclist. Existing law requires the department to establish design and safety criteria for bicycle roadways. Existing law authorizes a local authority to establish bikeways, and creates the Bicycle Transportation Account in the State Transportation Fund to provide funds for bicycle transportation. This bill would require bicycle and pedestrian access to be included on all highways and toll bridges constructed, as defined, after a specified date unless exceptions are found by the responsible agency after a public hearing, as prescribed. The bill would also make legislative findings and declarations. To the extent that this bill would require local entities to construct pedestrian and bicycle paths in conjunction .with construction of highways, it would impose a state-mandated local program. These provisions would become operative on January I, 2002. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1, 000, 000 statewide and other procedures for claims whose statewide costs exceed $1, 000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 894.5 is added to the Streets and Highways Code, to read: 894.5. (a) The Legislature finds and declares all of the following: (1) The use of highways for purposes of travel and transportation is a common and fundamental right, and that all persons have an equal right to use these thoroughfares for travel by appropriate means, and with due regard to the rights of others. (2) It is the policy of this state to provide an integrated and balanced transportation system for the use of all persons, including 2-7 1 of 3 6/19/00 4:09 PN SB 1629 Senate Bill-AMENDED http://info.sen.ca.gov/pu' 'se...629_bill_20000615_amended_asm.html the young, the elderly, the disadvantaged, and those with disabilities. (3) Enabling the public to use a variety of travel modes, including walking and bicycling, contributes to the public health, facilitates access to schools, jobs, shopping, recreation, and other daily needs, and creates a sense of local community identity and pride. (4) Making streets and roads more usable by pedestrians and bicyclists reduces traffic congestion on those streets and roads. (5) In order to maximize these benefits, the design of the highways of California should address the needs of nonmotorized, as well as motorized transportation. (b) (1) This section shall be known as, and may be cited as the Good Roads for the 21st Century Act. (2) This section does not apply to either of the following: (A) A highway for which the final design has been approved by the department or by the appropriate local authority, if the department or local authority begins work or awards a contract for work on or before January 1, 2003. (B) A toll bridge project authorized pursuant to Sections 30913 and 30914, as authorized by those sections in their form as added by Section 2 of Chapter 406 of the Statutes of 1988. (c) Every highway, other than a freeway, constructed by the department or local authority , shall include sidewalks, paths, walkways, or equivalent facilities on both sides of the highway for use -by p+edestriaa:xs. apgrepLc4ate leeal--aautherity, if elle de begins-eeest L-eetier9flehe highway-ex-er be€gra-3a -daL-5 2993- ,_\ a highway eensSt Lsaete by the L_p_--tfaent er 1 neoe11 �.. e.. ._. _.--1 _ems....-.1 --..e-_ee a-� _.1 ._...- �-t..-�-...-._- -_ _--.�� �-......��..1 eemmeee€ng ea eL- a€teL, aan-uax=5,1, 2902, shall ineludle a--effmed `=-- r_- L: _l 1_ _ ..1 (d) (I) Sawept as previded in paL-agraph R) , the (d) (1) Every highway, other than a freeway, constructed by the department or local authority shall include accommodations for bicycle travel. (2) The accommodation shall be by shared roadway or by bike lane as described in subdivision (b) of Section 890.4. For purposes of this section, a shared roadway includes a shoulder. sheulder ei- bikepath, as deseribed is a bdi*isi 'exec. See£sax 89 A �t ) (3) All facilities constructed to accommodate bicyclists under this section shall conform to the minimum safety design criteria and uniform standards established by the department pursuant to Sections 890.6 and 890.8. �_. --_1 ..._i..__..a..__ -e a ..e'....._J by ...... .....r._r........... ..i any e....re aut herit y peEfevmed en eL- a€teEganuarry !;2GG2, shall, atanr�ri _____ntail- he e---elle-_ leve- of pedestrian and bj:e ell ._....ess and- safety fe takes along and ars_sae the higl":_i. K'X el (q) Every (e) Except as provided in subparagraph (B) of paragraph (3) of subdivision (b) , every new toll bridge and every toll bridge that is substantially reconstructed or that !69- C606%nTund.%, modified to increase its _e.__-_e e___yinq eapae__1 ----------------------- the �the number of vehicle lanes shall provide a sidewalk or path for use by pedestrians, and a shoulder, bike lane, or bike path for use by bicyclists. (h) 6tbdivisieas (b) £e (f) , reelusive, denet agply i•€ tzie r-_-e-epee (f) Subdivisions (c) and (d) and paragraph (3) of subdivision (g) do not apply if the responsible agency finds, after conducting a public hearing, any of the following: (1) Providing the pedestrian or bicycle access is contrary to public safety. (2) An alternative route exists that is equally safe and 2-8 2 of 3 6/19/00 4:09 PM SB 1629 Senate Bill-AMENDED http://info.sen.ca.gov/pv' I/se...629_bill_20000615_amended_asm.html convenient in terms of travel time and effort, or an alternative route meeting these criteria will be provided as part of the construction project. (3) The cost of the facilities would be disproportionate to projected need or use. (4) Sparse population or other factors indicate an absence of any need. (5) Significant adverse environmental effects would result from inclusion of the facilities. - (1) (g) (1) For purposes of this section, "construction" means any of the following: (A) New construction. (B) Reconstruction. (C) Replacement. (D) Modification to increase iaelty the number of vehicle lanes, except in the vicinity of toll booths . (2) For the purposes of this section, "construction" does not include any of the following provided that the number of vehicle lanes is not increased, except in the vicinity of toll booths (A) Resurfacing. �GcOI wS (B) Restoration. p�-��W I nes (C) Rehabilitation. (D) Toll bridge deck replacement. (E) Toll bridge seismic retrofit. (F) Installation of, or improvements to, any of the following: (i) Planting. (ii) Illumination. (iii) Traffic control devices. (H) (iv) Toll booths or restriping in the vicinity of toll booths. (G) Maintenance. (Y ) 1- =elQeneal imprevement=s that de net se highway -- eapael (H eOther incidental alterations. (3) Any work described in paragraph (2) performed on a highway or toll bridge by the department or local authority shall not result in a decrease to the existing level of pedestrian and bicycle access and safety features along and across the highway or toll bridge. (h) This section shall become operative on January 1, 2002. SEC. 2. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1, 000, 000) , reimbursement shall be made from the State Mandates Claims Fund. 2-9 3 of 3 6/19/00 4:09 PM Attachment 0 Minute Excerpt:Bicycle Advisory Committee Meeting(Draft Minutes:June 15,2000) 5. REVIEW OF SB 1629—GOOD ROADS FOR THE 21s`CENTURY: Mr. Collier presented a report on SB 1629 and urged support of the bill. After brief questioning,the floor was opened for public comment. PUBLIC COMMENTS: There were no public comments made. 4N COMMITTEE COMMENTS: Mr. Sanville expressed concern about how this bill would apply to local residential streets and recommend further staff review. Mr. Collier felt bicycles and autos should be accommodated equally. Mr. Jaster supported the overall concept of the bill. Mr. Collier moved to recommend that the City Council support SB 1629. Mr. Jaster seconded the motion. AYES: Committee Members Collier,Jaster,Smith, Johnson,and Lee NOES: None REFRAIN: None ABSENT: Mr. Conner The motion carried 6-0. 2-10 Frequently Asked Questions http://www.cabobike.ora/faq.htm Attachment L Frequently Asked Questions Why is SB 1629 called"Good Roads For the Twenty-First Century) ♦ Isn't this a radical and impractical idea' J Does this mean that ever• road will have bike lanes <utd side!4valks? 4 What about freeways and toll bridscs? J How much will all this cost? J NWhat does Federal Iaw sav°? Why is SB 1629 called "Good Roads for the Twenty-First Century"? SB 1629 is named for the original Good Roads Movement, sponsored by the League of American Wheelmen (now the League of American Bicyclists) at the end of the nineteenth century. Bicycles then were a new and popular means of transportation that for the first time gave mobility to the masses, and automobiles had not yet come into use. This movement was largely responsible for the cryti. yf the 1 of 8 5/5/00 1:08 PM Frequently Asked Questions http://www.cabobike.org/faq.htm paved road system in the United States. Back to to Isn't this a radical and impractical idea? It's already been tried, and it works. SB 1629 is modeled on an Oregon law(ORS +66.514)that has been in effect since 1971, but it provides significantly greater flexibility to local and state agencies. Oregon law nominally requires bikeways (usually in the form of designated bicycle lanes) for bicyclists(though it is interpreted more broadly). This proposal expressly allows a wide curb lane or shoulder instead, in order to make sharing the road safer and more comfortable for everyone. Oregon also requires cities and counties to spend one percent of their state highway funding on footpaths and bikeways. This proposal imposes no funding restrictions. \Massachusetts and HaN-%aii have similar laws, but they apply only to state highways. Under California vehicle law, pedestrians and bicyclists already have the right to travel on almost all local roads and state highways (other than freeways and toll bridges). In addition, over a thousand miles of California freeway shoulders are open to bicycles, mostly in rural areas where there is no good alternative. Nothing,however, requires roads to be designed in a way that accommodates these lawful users safely and comfortably. Residential and office subdivisions—even commercial subdivisions—cytir�l�e to be -1� 2 of 8 515100 1:08 PM Frequently Asked Questions http://www.cabobike.orgtfaq.htm built without sidewalks,or with sidewalks on only one side. The only way to visit your neighbor, or to get from one building to another, is to walk in the street(or to drive). A high school student in Santa Rosa was recently hit and killed by a car while walking home on a road without sidewalks. A transportation system that forces people to drive for every short trip is especially inhospitable to the young, the elderly, the disadvantaged, and those with disabilities, but it affects the sense of livability and community for everyone. For bicyclists, the most common problem is roads that are built or restriped with an outside lane too narrow to share side-by-side with automobile traffic. Although vehicle law permits the bicyclist to ride in the middle of these lanes, doing so intimidates many bicyclists, especially children. It can also upset motorists who are delayed, and it is not practical at high traffic speeds and volumes. Providing room to share the road makes traveling safer and more comfortable for all road users. Enabling the public to use a variety of travel modes, including walking and bicycling, reduces traffic congestion, improves air quality, contributes to the public health, facilitates access to school,jobs, shopping,recreation, and other daily needs, and creates a sense of local community identity and pride. Back to ton Does this mean that every road will have bike lanes and sidewalks? No. Some roads need no special treatment at all. You don't need to put sidewalks on remote rural roads, 2-13 3 of 8 5/5/00 1:08 PN Frequently Asked Questions http://www.cabobike.org/faq.htm and you wouldn't put bike lanes,or extra roadway width of any kind,on quiet residential streets. On other roads, a wide outside lane or shoulder might be a more cost-effective solution than a bike lane. Many people believe these facilities would be safer as well. SB 1629 allows exceptions where providing access would be contrary to public safety, a safe and convenient alternative route exists, the cost of the facilities would be disproportionate to need or use, sparse population indicates an absence of need,or significant adverse environmental effects would result. These exceptions might apply, for instance, in steep hillside areas where there is no demand for facilities, on roads so lightly traveled that bicyclists can comfortably share the road with vehicles, such as most local streets, or on rural roads with little or no pedestrian use. The provisions of SB 1629 would be triggered only by constriction of new roads or reconstruction of old ones—the most efficient time to add lane width or sidewalks, if needed. Bicycle and pedestrian accommodations would not be required during routine resurfacing, signal and signing improvements, landscaping, lighting, or other incidental work. Sweets and Hieh� ays Code sec. 890.6 already authorizes Caltrans, in cooperation with county and city governments,to establish design criteria for roadways where bicycle travel is permitted. This has never been done, for lack of staff time,but the process would exactly mirror the one in the 1970s that resulted in California's pioneer planning and design criteria for bikeways. These standards would be an essential part of the legislation, describing lane and shoulder width, surface quality, signal timing and detection, and other design features that it would be inappropriate to freeze into statute. The bicycle accommodations required by SB 1629 would be built in accordance with these new design criteria, which would probably resemble the Oregon Department of Transportation interpretation of that state's law. Rather than specify in detail what facilities should be built on what roads, SB 1629 leaves the process where it should be, in the hands of professionals, including the cities and counties that are responsible for local roads, where most bicycle travel takes place. Standards would be written by professionals, and the presence and type of facilities would be determined entirely by local decision-making. No state agency would oversee local planning or design. The only change would be that the need for nonmotorized facilities would be presumed as part of good design practice, and if a local agency felt there was no need, it would be up to that agency to document it. Caltrans policy would not have to change drastically—it already calls for considering bicycles in designing two-lane state highways. The Highway Design Manual already provides that on resurfacing projects,the entire paved shoulder and traveled way shall be resurfaced (Tonic 1002.1). The Proi eel Development Procedures.klanual says that"Any development of a State highway project should consider features beneficial to nonmotorized traffic, including (but not limited to)widening shoulders, striping, and signing" and "Nonmotorized traffic is not prohibited on expressways and conventional highways. The vast majority of bicycling is done on public roads with or without bikeway designations. When the roadway and the shoulders are adequately paved and maintained, they provide safe and convenient routes for most bicyclists." Design Information Bulletin Number 75 recommends extending the paving smoothly to the outside shoulder edge, omitting raised pavement markers and other objects, and assuring that adequate paved width is available for lane sharing, usually in the form of a minimum four-foot shoulder. Note: In the language of SB 1629, "the department" means Caltrans (Streets and I Iiehways Code sec. 0). "Highway" is legally equivalent to"street," and includes bridges (Struts and llish-�%ay s Code sec. "Construction" includes reconstruction, replacement, and any improvement except maintenance (Sn-ects and I lighy,ays Codc sec. 29). For purposes of SB 1629, resurfacing, landscaping, and signing and signal improvements are not considered construction. Back to top 2-14 4 of 8 5/5/00 1:08 PM Frequently Asked Questions http://www.cabobike.org/faq.htm What about freeways and toll bridges? Where bicyclists aren't permitted access to a freeway shoulder, a separated path would be provided. Because distances are usually prohibitive,the bill makes no special provision for pedestrian travel. Toll bridges are different,because by their nature they provide access across barriers where there is no good alternative. Every toll bridge would have to provide a sidewalk or path for use by pedestrians, and a shoulder, bike lane, or bike path for use by bicyclists. This provision extends the spirit of Streets and Highways Code sec. 30913(c), which requires the first of the new Benicia-Martinez and Carquinez Bridges to include pedestrian and bicycle facilities. The Caltrans Proiect Development Procedures N-hutual says that"Bicycle and pedestrian facilities should be considered on new toll bridges and their connections. Caltrans should coordinate the development of the facilities with local and regional agencies to ensure continuity of a nonmotorized transportation system in the area." Bridges on conventional roadways would be treated as part of the highway. Back to too 2-15 5 of 8 5/5/00 1:08 PM Frequently Asked Questions http://www.cabobike.org/faq.htm How much will all this cost? If the needs of bicyclists and pedestrians are considered before roadways are designed, before asphalt is paved, before concrete is poured, before signs are erected, and before paint has dried, they can be provided in an efficient and cost-effective way. Retrofitting a poorly designed roadway is difficult and expensive. Back to tap 2-16 6 of 8 5/5/00 1:08 PM Frequently Asked Questions http://www.cabobike.org/faq.htm What does Federal law say? SB 1629 prevents restriping an existing roadway for more but narrower lanes, making the outside lane less hospitable to bicyclists. This requirement is consistent with the new federal highway legislation, TEA-21, which disqualifies projects from federal funding if they "result in the severance of an existing major route or have significant adverse impact on the safety of nonmotorized transportation traffic" unless an alternative exists or is provided(2; U.S.C. sec. 109(m)). This bill would also be consistent with, but stronger than, other provisions of TEA-21, such as the following (from 23 U.S.C. sec. 217(0): "Bicyclists and pedestrians shall be given due consideration in the comprehensive transportation plans developed by each metropolitan planning organization and State. ... " "Bicycle transportation facilities and pedestrian walkways shall be considered,where appropriate, in conjunction with all new construction and reconstruction of transportation facilities, except where bicycle and pedestrian use are not permitted." "Transportation plans and projects shall provide due consideration for safety and contiguous routes for bicyclists and pedestrians." The U.S. Department of Transportation has just issued a design guidance document for Accommodating Bievcle and Pedestrian Travel: A.Recommended .approach. This new document recommends that bicycle and pedestrian ways be established in new construction and reconstruction projects in all urbanized areas except where bicyclists and pedestrians are prohibited by law from using the roadway, the cost would be excessively disproportionate(defined as exceeding twenty percent of the cost of the transportation project)to need or probable use, or sparsity of population or other factors indicate an absence of need. In rural areas,paved shoulders should be included in all new construction and reconstruction projects on roadways used by more than 1,000 vehicles per day. The statement goes on to say: "The United States Department of Transportation encourages States, local governments, professional associations, other government agencies and community organizations to adopt this Policy Statement as an indication of their commitment to accommodating bicyclists and pedestrians as an integral element of the transportation system." Back to toi 2-17 7 of 8 5/5/00 1:08 PM Requently.Asked.Questions http://www.cabobike.grg/faq.hur, Last updated:'26 April 2000 2=10 8 of 8 5/5%00 1:08 Pb SB 1629 Senate Bill-Bill Analysis http://info.sen.ca.&,ov/pub/h"""-e..._cfa_20000623_155028_asm_comm.html Attachment SB 1629 Page 1 Date of Hearing: June 26, 2000 ASSEMBLY COMMITTEE ON TRANSPORTATION Tom Torlakson, Chair SB 1629 (Sher) - As Amended: May 9, 2000 SENATE VOTE 23-14 SUBJECT Highways: pedestrian and bicycle access SUMMARY Provides that all major roads constructed on or after January 1, 2002, with some specified exceptions, shall include pedestrian and bicycle access. Specifically, this bill . 1)Creates the "Good Roads for the 21st Century Act" (Act) to take effect on January 1, 2002. Li x. 'c CC 2)Provides that this act shall not apply to: a) Any highway for which the final design has been approved and for which construction begins or a contract is awarded on or before January 1, 2003; or b) Any toll bridge project authorized or specified by existing law. 3)Prohibits any work exempted by the measure (described above in #2) from decreasing the existing level of pedestrian and bicycle access or the safety features along and across the highway or toll bridge. 4)Requires that every highway, other than a freeway, include sidewalks, paths, walkways, or equivalent facilities on both sides of the highway. S)Requires that every highway, other than a freeway, include accommodations for bicycle travel, either by bike lane or shared roadway, which can include a shoulder. 6)Provides that construction to accommodate bicyclists shall conform to existing minimum safety design criteria and uniform standards. 7)Requires that every new toll bridge and every toll bridge that is substantially reconstructed or modified to increase the SB 1629 Page 2 number of vehicle lanes include a sidewalk or path for use by pedestrians, and a shoulder, bike lane, or bike path for use by bicyclists. 8)Provides that the above requirements shall not apply if, after conducting a public hearing, the responsible agency finds any 2.19 1 of 6 6/30/00 4:08 PM SB 1629 Senate Bill-Bill Analysis http://info.sen.ca.gov/pub/b,* .._cfa_20000623_155028_asm_comm.html of the following: - a) Providing the pedestrian or bicycle access is contrary to public safety; b) An alternative route exists that is equally safe and convenient; c) The cost of the facilities would be disproportionate to projected need or use; d) Sparse population or other factors indicate an absence of need for such access; or e) Significant adverse environmental effects would result. 9)Defines "construction" as the following: a) New construction; b) Reconstruction; c) Replacement; and d) Modification to increase the number of vehicle lanes, except in the vicinity of toll booths. 10) Provides that the definition of "construction, " except when the number of vehicle lanes is increased in areas other than the vicinity of toll booths, shall not include the following: a) Resurfacing; b) Restoration; c) Rehabilitation; d) Toll bridge deck replacement; SB 1629 Page 3 e) Toll bridge seismic retrofit; f) Installation of, or improvements to, planting, illumination, traffic control devices, or toll booths and restriping in the vicinity of toll booths; g) Maintenance; and h) Other incidental alterations. EXISTING FEDERAL LAW The Transportation Equity Act for the 21st Century (TEA-21) , which authorizes highway, highway safety, transit and other surface transportation programs for the next six years, provides the following: 1)Federal funds may be used for the construction of pedestrian walkways and bicycle transportation facilities. 2)Projects shall be disqualified from federal funding if they 2-20 2 of 6 6/30/00 4:08 PM SB 1629 Senate Bill-Bill Analysis http://info.sen.ca.gov/pub/b'.. cfa_20000623_155028_asm_comm.htrnl result in the severance of an existing major route-or have significant adverse impact on the safety of non-motorized transportation traffic, unless an alternative exists or is provided. 3)Bicyclists and pedestrians shall be given due consideration in the comprehensive transportation plans developed by each metropolitan planning organization and state in accordance with federal law. 4)Bicycle transportation facilities and pedestrian walkways shall be considered, where appropriate, in conjunction with all new construction and reconstruction of transportation facilities, except where bicycle and pedestrian use are not permitted. 5)Transportation plans and projects shall provide due consideration for safety and contiguous routes for bicyclists and pedestrians. EXISTING STATE LAW 1)States the intent of the Legislature to establish a bicycle transportation system. 2)Authorizes a city or county to prepare a bicycle SB 1629 Page 4 transportation plan and submit it to the county transportation commission or transportation planning agency for approval and funding. 3)Requires the Department of Transportation (Caltrans) , in cooperation with county and city governments, to establish minimum safety design criteria for the planning and construction of bikeways and roadways where bicycle travel is permitted. 4)Creates the Bicycle Transportation Account in the State Transportation Fund to provide for improvements in bicycle transportation. FISCAL EFFECT : Unknown COMMENTS : For supporters of this bill, requiring that future roads include accommodations for pedestrians and bicyclists is a logical step in the emerging smart growth movement. They assert that by providing more opportunities for non-motorized methods of transportation, this bill will help reduce congestion, improve air quality, and provide for healthier communities. With pedestrians making up over 20%- of all traffic-related fatalities, supporters contend that many current roadways need better design requirements. According to 1998 California Highway Patrol statistics, 15,367 pedestrians and 12,259 bicyclists were killed or injured in traffic-related accidents. The requirements of this bill could enhance the safety of pedestrians and bicyclists as well as motorists. The shoulders required on state highways could increase the safety for all users by providing room for emergency stops and aiding police in 2-21 3 of 6 6/30/00 4:08 PM SB 1629 Senate Bill-Bill Analysis http://info.sen.ca.aov/pub/bi" .. cfa 20000623_155028_asm_comm.html redirecting traffic. - The sponsors claim that 50% of all non-commercial trips are under three miles in length and that, with better road design, bicycling and walking are realistic transportation alternatives. Further, the sponsors note that a more diverse transportation system would benefit the young, the elderly, the disabled, the disadvantaged, and others who cannot drive or who do not have access to motor vehicles. According to the sponsors, increased opportunities for bicycling and walking can also provide health benefits, especially as a practical approach in the prevention of obesity. An article in the Journal of American Medicine notes, "Automobile trips that can be safely replaced by walking SB 1629 Page 5 or bicycling offer the first target for increased physical activity in communities. " In its Policy Statement on Integrating Bicycling and Walking Into Transportation Infrastructure, the United States Department of Transportation (DOT) recognizes that "conditions for bicycling and walking need to be improved in every community in the United States. " A few states already have laws in place requiring the construction of footpaths or bikeways on their roadways. An Oregon law requiring that " [flootpaths and bicycle trails, including curb cuts or ramps as part of the project, shall be provided wherever a highway, road or street is being constructed, reconstructed or relocated" has been in place since 1971. Massachusetts and Hawaii have similar requirements for their state highways. Opponents, however, contend that the decision to provide bicycle and pedestrian access should be determined locally and that this bill would divert funding away from badly needed road maintenance. Opponents point to Caltrans' estimates that adding bike access increases construction costs by $500 to $100,000 per mile. A six-lane suburban freeway without specific bike lanes or walkways costs approximately $30 million per mile. The bill does provide for certain exceptions, such as when the costs of providing pedestrian and bicycle access are disproportionate to anticipated need or use. The sponsors contend these exceptions provide local authorities with the necessary flexibility. They also note that motor vehicles cause greater wear and tear to the roads, resulting in more costly road maintenance requirements, while bicycling and walking impose fairly minimal roadway costs. Related legislation : SB 1772 (Brulte) increases transfers to the Bicycle Transportation Account in the State Transportation Fund. This bill is scheduled for a hearing in the Assembly Transportation Committee SB 1809 (Johnston) requires that 10% of federal minimum guarantee funds be allocated for transportation enhancement activities. This bill is schedule for a hearing in the Assembly Transportation Committee. Authors Amendments Makes technical changes to correct an erroneous cross-reference and to restore the words "by 2-22 4 of 6 6/30/00 4:08 PM SB 1629 Senate Bill-Bill Analysis http://info.sen.ca.gov/pub/b-*' cfa_20000623_155028_asm_comm.html SB 1629 Page 6 pedestrians in the provision requiring sidewalks, paths, and walkways. REGISTERED SUPPORT / OPPOSITION Support California Association of Bicycling Organizations (co-sponsor) California Bicycle Coalition (co-sponsor) Alameda City Transit Advocates Association of Bay Area Governments Bay Area Action Bay Area Air Quality Management District California Cardiovascular Disease Prevention Coalition City of Berkeley City of Emeryville City of Palo Alto City of Menlo Park City of Oakland Cycle California! Magazine East Bay Bicycle Coalition Fresno Cycling Club Independent Cyclists of San Mateo County Livable Streets Coalition of Santa Barbara County Orange County Bicycle Coalition Peninsula Rail 2000 Planning and Conservation League Rails-to-Trails Conservancy Sacramento Area Bicycle Advocates Safe Paths of Hillsborough San Diego County Bicycle Coalition San Francisco Bay Area Pedestrian Education Group San Francisco Bay Trail (administered by the Association of Bay Area Governments) San Francisco Bicycle Advisory Committee San Francisco Bicycle Coalition Specialized Bicycles Surface Transportation Policy Project Sustainable San Mateo County Tree Foundation of Kern Urban Ecology WalkSacramento Walk San Jose western Wheelers Bicycle Club, Inc. _ 7 private letters SB 1629 Page 7 Opposition 2-23 5 of 6 6/30/00 4:08 PM SB 1629 Senate Bill-Bill Analysis http://info.sen.ca.,aov/pub/b. ..._cfa_20000623_155028_asm_comm.html California State Association of Counties California Trucking Association City of Merced City of Stockton League of California Cities Analysis Prepared by Emily Chang / TRANS. / (916) 319-2093 2-24 6 of 6 6/30/00 4:08 PM ATTACHMENT E RESOLUTIONNO. (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUPPORTING THE PASSAGE OF CALIFORNIA SENATE BILL 1629:GOOD ROADS FOR THE 21 sr CENTURY,IF IT IS AMENDED TO ADDRESS SPECIFIC IMPLEMENTATIONAND ADMINISTRATION CONCERNS WHEREAS, the City of San Luis Obispo has a long history of supporting forms of transportation that offer alternatives to the use of private motor vehicles;and WHEREAS, the City has aggressively planned and developed facilities for the safety and convenience of bicyclists and pedestrians throughout San Luis Obispo;and WHEREAS, the City has carefully evaluated the administrative and physical impacts that the passage of SB 1629 (as amended June 15, 2000)will have on effective circulation planning within San Luis Obispo; NOW,THEREFORE,BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council hereby supports the passage of SB 1629 and urges the California Legislature, especially those members representing the San Luis Obispo Area, to support passage of this legislation if it is amended to address the following issues: A. Application: streets within residential districts where forecasted traffic volumes are 3,000 vehicles per day or less should be exempt from the provisions of SB 1629. B. Phased Improvements:SB 1629 should be amended to enable public agencies to undertake and/or approve the phased construction of circulation improvements without having to initiate the public hearing and exemption process that is currently part of the draft legislation. C. Definitions: the text of the bill should include explicit definitions of important terms used to guide the bill's application and implementation. These terms include,but are not limited to the following:highway;vehicle lanes; reconstruction,rehabilitation;restoration;and replacement. Upon motion of ,seconded by , and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was adopted this 18'day of July,2000. 2-25 v Page 2- Resolution (2000 Series) Mayor Allen Settle .ATTEST: Lee Price,City Clerk APPROVED AS TO FORM: Jo ens ,.CitviAtforney 2-26 ATTACHMENT F RESOLUTIONNO. (2000 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUPPORTING THE PASSAGE OF CALIFORNIA SENATE BILL 1629:GOOD ROADS FOR THE 21 sr CENTURY,AS AMENDED AND ACTED ON BY THE CALIFORNIA SENATE(June 15,2000) WHEREAS, the City of San Luis Obispo has a long history of supporting forms of transportation that offer alternatives to the use of private motor vehicles;and WHEREAS, the City has aggressively planned and developed facilities for the safety and convenience of bicyclists and pedestrians throughout San Luis Obispo;and WHEREAS, with advice from the San Luis Obispo Bicycle Advisory Committee,the City Council has considered the content of SB 1629 as amended and acted on by the California Senate on June 15,2000. NOW,THEREFORE,BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council hereby support the passage of SB1629 (as amended on June 15, 2000), and urges the California Legislature, especially those members representing the San Luis Obispo Area,to support passage of this legislation. Upon motion of ,seconded by , and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was adopted this 18" day of July,2000. Mayor Allen Settle ATTEST: Lee Price,City Clerk APPROVED AS TO FORM: *Irey/11-Jq 6sp<City Attorney 2-27