Bikeways: reversions and modifications., the official text

An act to amend Section 891 of the Streets and Highways Code, relating to bikeways.

LEGISLATIVE COUNSEL'S DIGEST

Existing law grants the legislative body of a city certain powers with respect to city streets and highways, including the power to construct and maintain those streets and highways. Existing law grants the board of supervisors of a county general supervision, management, and control of county highways and authorizes the board of supervisors to lay out, construct, improve, and maintain county highways.
Existing law authorizes the governing body of a city, county, or local agency to, among other things, establish bikeways, as defined and classified. Existing law requires the Department of Transportation, in cooperation with county and city governments, to establish minimum safety design criteria for the planning and construction of each type of bikeway and of roadways where bicycle travel is permitted, and 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 the minimum safety design criteria.
This bill would prohibit a bikeway constructed, in whole or part, using moneys from the State General Fund allocated to any city, county, regional, or other local agency from being reverted to a nonactive transportation use or modified in a manner that reduces the safety, accessibility, or mobility of nonmotorized users, for a minimum of 20 years from the date of the allocation or its actual useful life, as documented in its project design or local building or permit application materials, whichever is less. The bill would require the modification of one of those bikeways to be consistent with an active transportation use, as defined, and be subject to specified public meeting and hearing requirements, as provided.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

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

SECTION 1.
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 all of the following conditions are met:
(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.
(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.
(3) The alternative criteria adhere to guidelines established by a national association of public agency transportation officials.
(c) (1) A bikeway constructed, in whole or part, using moneys from the state General Fund allocated to any city, county, regional, or other local agency shall not be reverted to a nonactive transportation use or modified in a manner that reduces the safety, accessibility, or mobility of nonmotorized users, for a minimum of 20 years from the date of the allocation or its actual useful life, as documented in its project design or local building or permit application materials, whichever is less.
(2) Any modification of a bikeway subject to paragraph (1) shall be consistent with an active transportation use and shall be subject, consistent with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), to both of the following:
(A) A duly noticed public meeting to discuss the intent to modify the bikeway.
(B) A duly noticed public hearing where the final design of the modification is considered by the city, county, regional, or other local agency.
(3) For purposes of this subdivision, “active transportation” means a use that encourages increased use of active modes of transportation, such as biking and walking.

SEC. 2.
The Legislature finds and declares that Section 1 of this act amending Section 891 of the Streets and Highways Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.