(1)Existing law establishes the Active Transportation Program in the Department of Transportation for the purpose of encouraging increased use of active modes of transportation, such as biking and walking, with specified available funds to be allocated to eligible projects by the California Transportation Commission and regional transportation agencies. agencies through the adoption of a program of projects. Existing law requires the commission to develop guidelines and project selection criteria for the program, as provided. regarding, among other topics, project eligibility and project selection for the program of projects, as provided.

Existing law establishes 4 classifications of bikeways and defines a Class III bikeway as a bikeway that provides a right-of-way on-street or off-street, designated by signs or permanent markings and shared with pedestrians and motorists.

(2)Existing law creates the Road Maintenance and Rehabilitation Program to address deferred maintenance on the state highway system and the local street and road system. Existing law requires funds made available by the program to be used for projects that include, but are not limited to, road maintenance, safety projects, railroad grade separations, traffic control devices, and complete streets components. Existing law requires the department and cities and counties receiving funds under the program to incorporate complete streets elements into projects funded by the program, to the extent beneficial, cost effective, and practicable in the context of facility type, right-of-way, project scope, and quality of nearby alternative facilities.

This bill would delete the factor relating to quality of nearby alternative facilities when the department and cities and counties are considering the benefit, cost effectiveness, and practicality of incorporating complete streets elements into projects funded by the program. The bill would require, where feasible, a bicycle facility that is identified for a street in an adopted bicycle plan or active transportation plan to be included in a project funded by the program that includes that street. If a planned bicycle facility is not constructed or if the bicycle facility that is constructed deviates from the adopted bicycle plan or the adopted active transportation plan, the bill would require the city, the county, or the department, as applicable, to document and publish the justification for the deviation.

(3)Existing law requires the department to improve and maintain the state highways.

This bill would establish the Bikeway Quick-Build Project Pilot Program within the departments maintenance program to expedite development and implementation of bikeways on the state highway system. The bill would require the department to develop guidelines for implementing bikeway quick-build projects. The bill would require the department, on or before January 1, 2027, to identify and implement one bikeway quick-build project in each district.

(1)Existing law establishes the Active Transportation Program in the Department of Transportation for the purpose of encouraging increased use of active modes of transportation, such as biking and walking, with specified available funds to be allocated to eligible projects by the California Transportation Commission and regional transportation agencies. Existing law requires the commission to develop guidelines and project selection criteria for the program, as provided.

Existing law establishes 4 classifications of bikeways and defines a Class III bikeway as a bikeway that provides a right-of-way on-street or off-street, designated by signs or permanent markings and shared with pedestrians and motorists.

This bill would prohibit the allocation of Active Transportation Program funds for a project that creates a Class III bikeway unless the project is on a residential street with a posted design speed limit of 20 miles per hour or less. less or the project will reduce the design speed limit to 20 miles per hour or less.

(2)Existing law creates the Road Maintenance and Rehabilitation Program to address deferred maintenance on the state highway system and the local street and road system. Existing law requires funds made available by the program to be used for projects that include, but are not limited to, road maintenance, safety projects, railroad grade separations, traffic control devices, and complete streets components. Existing law requires the department and cities and counties receiving funds under the program to incorporate complete streets elements into projects funded by the program, to the extent beneficial, cost effective, and practicable in the context of facility type, right-of-way, project scope, and quality of nearby alternative facilities.

This bill would delete the factor relating to quality of nearby alternative facilities when the department and cities and counties are considering the benefit, cost effectiveness, and practicality of incorporating complete streets elements into projects funded by the program. The bill would require require, where feasible, a bicycle facility that is identified for a street in an adopted bicycle plan or active transportation plan to be included in a project funded by the program that includes that street. If a planned bicycle facility is not constructed or if the bicycle facility that is constructed deviates from the adopted bicycle plan or the adopted active transportation plan, the bill would require the city, the county, or the department, as applicable, to document and publish the justification for the deviation.

(3)Existing law requires the department to improve and maintain the state highways.

This bill would establish the Bikeway Quick-Build Project Pilot Program within the departments maintenance program to expedite development and implementation of bikeways on the state highway system. The bill would require the department to develop guidelines for implementing bikeway quick-build projects. The bill would require the department, on or before January 1, 2027, to identify and implement one bikeway quick-build project in each district.

(1)Existing law establishes the Active Transportation Program in the Department of Transportation for the purpose of encouraging increased use of active modes of transportation, such as biking and walking, with specified available funds to be allocated to eligible projects by the California Transportation Commission and regional transportation agencies. Existing law requires the commission to develop guidelines and project selection criteria for the program, as provided.

Existing law establishes 4 classifications of bikeways and defines a Class III bikeway as a bikeway that provides a right-of-way on-street or off-street, designated by signs or permanent markings and shared with pedestrians and motorists.

This bill would prohibit the allocation of Active Transportation Program funds for a project that creates a Class III bikeway unless the project is on a residential street with a posted speed limit of 20 miles per hour or less.

(2)Existing law creates the Road Maintenance and Rehabilitation Program to address deferred maintenance on the state highway system and the local street and road system. Existing law requires funds made available by the program to be used for projects that include, but are not limited to, road maintenance, safety projects, railroad grade separations, traffic control devices, and complete streets components. Existing law requires the department and cities and counties receiving funds under the program to incorporate complete streets elements into projects funded by the program, to the extent beneficial, cost effective, and practicable in the context of facility type, right-of-way, project scope, and quality of nearby alternative facilities.

This bill would delete the factor relating to quality of nearby alternative facilities when the department and cities and counties are considering the benefit, cost effectiveness, and practicality of incorporating complete streets elements into projects funded by the program. The bill would require a bicycle facility that is identified for a street in an adopted bicycle plan or active transportation plan to be included in a project funded by the program that includes that street.

(3)Existing law requires the department to improve and maintain the state highways.

This bill would establish the Bikeway Quick-Build Project Pilot Program within the departments maintenance program to expedite development and implementation of bikeways on the state highway system. The bill would require the department to develop guidelines for implementing bikeway quick-build projects. The bill would require the department, on or before January 1, 2027, to identify and implement one bikeway quick-build project in each district.

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

AB 2290 (Friedman) - Transportation: Class III bikeways: bicycle facilities: Bikeway Quick-Build Project Pilot Program

Bill Summary:

AB 2290 would require the Department of Transportation (Caltrans) to establish the Bikeway Quick-Build Project Pilot Program, as specified, and to implement one bikeway quick-build project in each district by December 31, 2027. The bill would also require, where feasible, inclusion of bicycle facilities identified in local or state bicycle plans or active transportation plans in any project funded by the Road Maintenance and Rehabilitation Program (RMRP), as specified. Lastly, the bill would prohibit the California Transportation Commission (CTC) from including a project that creates a Class III bikeway in the Active Transportation Program (ATP) program of projects unless the facility is on a highway with a design speed of 25 miles per hour (mph) or less, as specified.

Fiscal Impact:

• Caltrans estimates annual state operations staff costs in the low millions annually through December 31, 2027 to develop pilot program guidance, and to identify, plan, and deliver one bikeway quick-build project in each of its 12 districts. (State Highway Account and/or Road Maintenance and Rehabilitation Account [RMRA])
  
• Caltrans estimates capital costs to plan and deliver the bikeway quick-build pilot program projects of at least several millions of dollars, and potentially as high as the low tens of millions of dollars, depending on the scope and length of the 12 pilot projects. (State Highway Account and/or RMRA)
  
• Unknown major cost pressures to various programs funded under the RMRP as a result of requirements to include bicycle facilities in a project funded through the RMRP, if that facility is included in an adopted state or local bicycle or active transportation plan. To the extent funding for bicycle facilities displaces projects that would otherwise be funded absent these requirements, the bill creates cost pressures to provide additional transportation funding for displaced projects. (State Highway Account, RMRA, or other transportation funds)
  
• The CTC indicates that costs would be minor and absorbable to update guidelines and project selection criteria for the ATP to account for the restrictions on including projects that create Class III bikeways or specified “sharrow” markings. (State Highway Account)

Background:

Existing law, as enacted by SB 1 (Beall), Chap. 5/2017, establishes the Road Maintenance and Rehabilitation Program to address deferred maintenance on the state highway system and the local street and road system. Funding for the program shall be prioritized for expenditure on basic road maintenance and road rehabilitation projects, and on critical safety projects, as specified. Existing law requires Caltrans and cities and counties receiving funds under the RMRP, to the extent beneficial, cost effective, and practicable in the context of facility type, right-ow-way, project scope, and quality of nearby alternative facilities, and where feasible, to incorporate complete streets elements into projects funded by the program, including elements that improve the quality of bicycle and pedestrian facilities that improve safety for all users of transportation facilities. The RMRP allocates revenues for various state and local programs and purposes, including the following fixed amounts:

• $200 million per year for the Local Partnership Program.
• $100 million per year for the Active Transportation Program (ATP), for bicycle and pedestrian projects.
• $400 million per year for state bridge and culvert maintenance and rehabilitation.
• $25 million per year to support Freeway Service Patrols throughout the state.
• $5 million per year for five years ($25 million total) for workforce development programs.
• $7 million per year for transportation-related research, as specified.

The remainder of RMRA funding is distributed by formula with 50% allocated to the state for maintenance and the State Highway Operation and Protection Program (SHOPP), and 50% allocated to cities and counties for local streets and roads.

Existing law specifies four categories of bikeways that include facilities that provide primarily for, and promote, bicycle travel as follows: (1) Class I bikeways are bike paths or shared paths that provide a completely separated right-of-way for exclusive bike/ped use; (2) Class II bikeways provide restricted right-of-way for semi-exclusive use of bicycles with vehicle parking and crossflows by vehicles and pedestrians permitted; (3) Class III bikeways as routes that are shared with pedestrians and motorists which provide on-street or off-street right-of-way with designated signage or permanent markings; and Class IV bikeways as cycle tracks or separated bikeways that provide right-of-way exclusively for bicycles. In addition, the Caltrans Manual on Uniform Traffic Control Devices includes guidance for identifying a “sharrow,” which consists of pavement markings on the highway of a bicycle and two arrows designed to direct a cyclist to travel closer to the middle of the roadway to avoid being struck by a suddenly opened car door and encourage motorists to be aware of cyclists sharing the roadway. Sharrows are only meant to be used on roads where the rightmost lane on a class III bikeway is too narrow to be safely shared side-by-side by cyclists and motorists.

Existing law establishes the Active Transportation Program within Caltrans for the purpose of encouraging increased use of active modes of transportation, such as biking and walking. The CTC adopts guidelines for each cycle of funding and allocates the moneys in 4-year cycles to cities, counties, and regional agencies responsible for the development or operation of bikeways and roadways where bicycle travel is permitted, using minimum safety design criteria developed by Caltrans, as specified.

According to Caltrans guidance, quick-build projects are interim capital improvement projects that further the goals of the ATP. These projects require minor construction and are built with durable, low to moderate cost materials, and last from one year to five years. A quick-build project is intended to immediately address safety needs by allowing a community to benefit quickly from improvements made while providing the opportunity to test project improvements before they are permanently constructed. Unlike traditional capital projects, quick-build projects can be adjusted; they can be changed based on community input and further technical analysis over time.

Proposed Law:

AB 2290 would do the following:

• Establish the Bikeway Quick-Build Project Pilot Program within Caltrans’ maintenance program, to expedite development and implementation of bikeways on the state highway system. Caltrans would be required to develop program guidance and to identify and implement one bikeway quick-build project in each district by December 31, 2027.
• Defines a “quick-build project” as an interim capital infrastructure project that requires minor construction activities but it built with durable, low- to moderate-cost materials, and lasts from one to five years, inclusive.
  
• Delete a requirement that Caltrans and local agencies consider the “quality of nearby alternative facilities” when considering the incorporation of complete streets facilities into projects funded by the RMRP.
• Require, where feasible, Caltrans and local agencies to include a bicycle facility in a project funded by the RMRP, if that facility is identified for a street in a bicycle plan or active transportation plan adopted by Caltrans or the local agency. If a planned bicycle facility deviates from the adopted plan or is not constructed, Caltrans or the local agency, as applicable, must document and publish the justification for the deviation.
  
• Prohibit the CTC from including a project that creates a Class III bikeway or sharrow to the ATP program of projects, beginning January 1, 2026, unless the bikeway or sharrow is on a highway with a design speed limit of 25 mph or less, or the project will implement improvements to reduce the design speed limit to 25 mph or less.

Related Legislation:

SB 1216 (Blakespear), which is currently pending in the Assembly Transportation Committee, would prohibit the ATP from funding a project that creates a Class III bikeway or a sharrow, unless it is on a highway with a design speed limit of 25 miles per hour or less, as specified.

SB 960 (Wiener), which is currently pending in the Assembly Transportation Committee, would, among other provisions, require to the extent feasible that facilities for pedestrians and bicyclists be provided and improved on all SHOPP projects.

SB 127 (Wiener), which was vetoed by Governor Newsom in 2019, would have changed state policies for the management of the state highway system, including requiring Caltrans to incorporate new pedestrian and bicycle facilities into projects in specified areas. The veto message stated, in part, the following:

I fully support improving facilities to increase walking, biking and accessing public transit. However, this bill creates a prescriptive and costly approach to achieve these objectives.
By implementing my Executive Order N-19-19, Caltrans is increasing and accelerating its investments in active transportation where appropriate and feasible.

-- END --

SENATE COMMITTEE ON TRANSPORTATION

Senator Dave Cortese, Chair

2023 - 2024 Regular

Bill No: Hearing Date: 6/11/2024

SUBJECT:

DIGEST: This bill requires, where feasible, bike facilities included in local or state active transportation plans be included in any project funded by the Road Maintenance and Rehabilitation Program. Establishes a Bikeway Quick-Build Project program to develop guidance and implement one quick-build project in each Caltrans district by December 31, 2027. Restricts the Active Transportation Program from awarding funding to a Class III bikeway unless the project is on a residential street with a posted speed limit of 20 miles per hour or less.

ANALYSIS:

Existing law:

1. Requires the Department of Transportation (Caltrans) to improve and maintain the state highways, including all highways which have been designated as state highways by the Transportation Commission (CTC). (SHC §91)
2. Establishes the Road Maintenance and Rehabilitation Program (RMRP) to address deferred maintenance on the state highway system and the local street and road system. (SHC §2030)
3. Requires, to the extent beneficial, cost effective, and practicable in the context of facility type, right-of-way, project scope, and quality of nearby alternative facilities and where feasible, project scope, the departments and cities and counties receiving funds under the RMRP to incorporate complete streets elements into projects funded by the program.
4. Defines “bikeway” as all facilities that provide primarily for, and promote, bicycle travel. Categorizes bikeways as follows: (SHC §890.4)
   1. Class I bikeways as bike paths or shared paths which provide a completely separated right-of-way designated for the exclusive use of bicycles and pedestrians with crossflows by motorists minimized;
   2. Class II bikeways as bike lanes which provide restricted right-of-way designated for the semi exclusive use of bicycles with through travel by motor vehicles or pedestrians prohibited, but with vehicle parking and crossflows by pedestrians and motorists permitted;
   3. Class III bikeways as bike routes which provide right-of-way on-street or off-street designated by signs or permanent markings and shared with pedestrians and motorists; and
   4. Class IV bikeways as cycle tracks or separated bikeways which provide a right-of-way designated exclusively for bicycle travel adjacent to a roadway and which are separated from vehicular traffic.
5. Establishes the Active Transportation Program (ATP) within Caltrans for the purpose of encouraging increased use of active modes of transportation, such as biking and walking. (SHC §23803)

1. Requires the CTC to develop guidelines and project selection criteria for the ATP in consultation with various agencies and interested parties. (SHC §2381)

This bill:

1. Defines, for the purpose of this legislation, “quick-build project” as an interim capital infrastructure project that requires minor construction activities, is built with durable, low or medium cost materials, and lasts from one to five years.
2. Establishes the Bikeway Quick-Build Project Pilot Program within Caltrans’ maintenance program and requires Caltrans to develop guidance for implementing bikeway quick-build projects and to identify and implement one such project in each Caltrans district by December 31, 2027.
3. Removes the requirement to consider the quality of nearby facilities when evaluating the cost-effectiveness and practicability of incorporating complete street elements in RMRP projects.
4. Requires, where feasible, a bicycle facility identified in a bicycle plan or active transportation plan adopted by a city, county, or department to be included in a RMRP project that includes the street. If such a facility is not included, the justification must be documented and published.
5. Prohibits the ATP from allocating funds to a project that creates a Class III bikeway unless the project is on a street with a design speed limit of 20 miles per hour (mph) or less or the project will implement improvements to reduce the design speed limit to 20 mph or less.

COMMENTS:

1. Purpose of bill. “AB 2290 improves the safety and quality of bikeways and ensures state and local agencies are taking advantage of road repaving projects to build bikeways that already have community support demonstrated in their planning documents when using state transportation funds. Despite significant investment for more than 15 years in planning for safe and accessible bike lanes, implementation of facilities proposed in these plans has been much too slow at every level of government. Community support for these facilities is overwhelming despite piecemeal efforts by state and local agencies. Given rising traffic fatalities for people walking and biking, we need to ensure that opportunities are not missed to implement bikeways on pavement repair and rehab projects and that state Active Transportation Program funds are invested in bikeways that are safe for users of all ages and abilities. Caltrans should demonstrate leadership in implementing bikeways quickly on pavement maintenance projects.”
2. Transportation and climate change. Emissions from the transportation sector, the state’s largest source of greenhouse gases (GHGs), are still on the rise despite statewide GHG emission reduction efforts and increasingly ambitious targets. Shifting people to cleaner modes of transportation, such as transit or bicycling, also serves as a major component of the state’s goal to reach carbon neutrality by 2045. According to the California Air Resource Board’s 2022 Scoping Plan, the path to carbon neutrality by 2045 depends, alongside transitioning to electric vehicles and cleaner fuels, on reducing the amount of vehicle miles traveled by 25% by 2030 and 30% by 2045.
3. Complete Streets on State Highways. In 2021, then Director Toks Omishakin issued Director’s Policy 37 which established the Caltrans policy that all transportation projects funded or overseen by Caltrans in locations with current or future pedestrian, bicycle, or transit needs, will provide comfortable, convenient, and connected complete streets facilities unless an exception is documented and approved. This policy established a definition for a complete street as a transportation facility that is planned, designed, constructed, operated, and maintained to provide comfortable and convenient mobility and improve accessibility for all users, regardless of their mode of transportation. They should be attuned to the needs of pedestrians, those using mobility devices, cyclists, and transit riders.

One key result of this policy is the incorporation of complete streets facilities in long term planning documents. Caltrans included bicycle and pedestrian facilities in the Transportation Asset Management Plan in 2022 and in the State Highway System Management Plan in 2023. Caltrans has also begun requiring the use of a Complete Streets Decision Document for nearly all projects in the State Highway Operation and Protection Program (SHOPP). The document requires answering essential questions such as which planning documents were determined to assess the complete streets needs for the project. If complete streets needs are present but not addressed by the project, the document must include a justification for why they were not included.

1. Bicycle plans. In 2017, Caltrans published the statewide bicycle and pedestrian plan, which identifies locations with bicycle and pedestrian needs in each Caltrans’ district. The plan seeks to make it safer, more comfortable, and more convenient to walk and bike. Every Caltrans district has since published district-level plans to identify needs and priority projects on, across, or parallel to the State Highway System. Over 80 local jurisdictions have adopted pedestrian, bicycle, or combined pedestrian/bicycle master plans in order to increase safety and investments in bicycle and pedestrian infrastructure.
2. Road Maintenance and Rehabilitation Program. SB 1 (Beall, Chapter 5, Statutes of 2017) created the Road Maintenance and Rehabilitation Program (RMRP) to address deferred maintenance on the State Highway System and the local street and road system. Certain set annual amounts of the RMRP funds are allocated to a variety of programs including the ATP, bridge and culvert maintenance, and the freeway service patrol program. Half of the remaining funds are allocated to local cities and counties by formula while the other half are used by the SHOPP.

Statute requires Caltrans and the locals receiving funds from the RMRP to incorporate several environmental priorities including using material recycling techniques, building systems to accommodate technologies like ZEV charging stations, and including project features to better withstand the negative effects of climate change. The RMRP also requires, to the extent beneficial, cost effective, and practicable in the context of facility type, right-of-way, project scope, and quality of nearby alternative facilities, the incorporation of complete streets elements into funded projects.

This bill strikes “quality of nearby alternative facilities” from the list of reasons why a bicycle facility may not be considered cost effective or practicable, and requires, “where feasible”, a project included in a local or state bicycle or active transportation plan to be included in a project funded by the program. If a bicycle facility included in a plan is not constructed, or deviates from the adopted plan, this bill requires the locality or Caltrans to document and publish the justification for the deviation. This requires Caltrans to consider and comply, unless there is a justification of feasibility, with local plans not constrained by state finances. As such Caltrans estimates “potentially millions of transportation dollars [being dedicated] to bicycle facilities that might not otherwise receive funding.”

1. Class III bikeways. Class III bikeways, or bike routes, are bike facilities shared with motor vehicles on the street. They are meant to provide continuity to the bikeway system or to designate preferred routes through high demand corridors. The use of sidewalks as class III bikeways is strongly discouraged. Caltrans design documents say class III bikeways should only be used if some of the following apply:
   1. They provide for through and direct travel in bicycle-demand corridors;
   2. They connect discontinuous segments of bike lanes;
   3. They provide traffic actuated signals for bicycles and appropriate assignment of right of way at intersections to give greater priority to bicyclists;
   4. Street parking has been removed or restricted in areas of critical width to provide improved safety;
   5. Surface imperfections or irregularities have been corrected; or
   6. Maintenance of the route will be at a higher standard than that of other comparable streets (e.g., more frequent street sweeping).

There are three broad categories of Class III bikeways identified in Caltrans’ reference document for planners and engineers. Firstly, there are “bicycle boulevards” which are streets where all types of vehicles are allowed but the roadway has been improved to enhance bicycle safety and convenience, typically with roadway improvements that calm traffic and improve pedestrian safety. Secondly, there are widened curb lanes which allow an average size motor vehicle to pass a bicyclist without crossing over into the adjacent lane. Finally, there are as “sharrows” a portmanteau of shared arrow. These bikeways consist of pavement markings on the highway of a bicycle and two arrows designed to direct a cyclist to travel closer to the middle of the roadway to avoid being struck by a suddenly opened car door and to encourage motorists to be aware of cyclists sharing the roadway.

1. Sharrow safety. The use of sharrows is relatively new. They first appeared in the 1993 Denver Bicycle plan and were further experimented with and developed in San Francisco starting in the late 90s and early 00s. In a study conducted for the San Francisco Department of Parking and Traffic, the stencil markings significantly improved both motorists’ and cyclists’ positions in the roadway. The markings also reduced sidewalk and wrong-way riding. Further research since those early studies has complicated the initial findings of the safety effectiveness of sharrows. A 2010 evaluation of shared lane markings in three separate cities showed that sharrows increased the operating space for bicyclists, though the effect was small. But, other research has found that shared use facilities like sharrows provide no significant protection from motor vehicle accidents. One recent study from Atlanta even found that sharrows and painted bike lanes increased bicycle risk, likely because several of the sharrows in the study were inappropriately installed on roads with high levels of traffic volume. Research generally shows that the other classes of bikeways provide greater safety benefits than sharrows, underscoring the importance of limiting their use.
2. Active Transportation Program (ATP). The ATP was established in the 2013 budget by consolidating several federal and state transportation programs, including the Transportation Alternatives Program, Bicycle Transportation Account, and State Safe Routes to School, into a single program. It is administered by Caltrans’ Office of Active Transportation and Special Programs, but program guidelines and project selection is performed by the CTC. The ATP aims to increase the number of bicycling and walking trips, increase safety and mobility for bicyclists and pedestrians, reduce greenhouse gas emissions through active transportation, enhance public health, and provide benefits to disadvantaged communities.

The ATP has funded over 800 active transportation projects across the state benefiting both urban and rural areas. While the Active Transportation Program has successfully funded projects across the State, the Program is incredibly oversubscribed and cannot meet all of the State's needs.

1. Class III and the ATP. The ATP program guidelines do not currently have any explicit limitations on the types of bikeways a project may include, but do require applicants to discuss the considerations they made when evaluating and selecting the type of bikeway in their proposal. Applicants should discuss how the project advances a lower-stress environment or a low-stress network and provide a description of the innovative features of the project or explain why the context of the project best lends itself to standard treatments/features. As required by statute, all bikeways most comply with Caltrans design guidance unless the local jurisdiction has developed its own minimum design criteria.

This bill would prevent the ATP from being used to support class III bikeway on roads with design speed limits greater than 20 mph. As class III bikeways are generally cheaper than other classes, advocates are concerned jurisdictions are inappropriately installing or relying upon class III bikeways, rather than investing in more transformative infrastructure. The goal of this provision is to ensure that if ATP funds are being used to only support class III bikeways direct cyclists to corridors that are truly safe and comfortable.

However there are several safe, comfortable, and connected bicycle boulevard networks that would become ineligible under this requirement. The committee may wish to amend the bill to raise the speed limit requirement to 25 miles per hour and make technical changes to ensure that the bill only applies to new cycles of projects funded by the ATP.

1. Quick-build projects. According to Caltrans guidance, quick-build projects are interim capital improvement projects that further the goals of the ATP. These projects require minor construction and are built with durable, low to moderate cost materials, and last from one year to five years. A quick-build project is intended to immediately address safety needs. It allows a community to benefit quickly from improvements made, and at the same time give the community the opportunity to test the project improvements before they are permanently constructed. Unlike traditional capital projects, quick-build projects can be adjusted; they can be changed based on community input and further technical analysis over time. Examples of quick-build project types include barrier elements (raised lane separator, delineator post, self-watering planters, barricades, etc.), surface treatments (street bond pavement coating, asphalt paint, epoxy gravel, city bench, etc.), street furniture, and signs.

This bill establishes the “Bikeway Quick-Build Project Pilot Program” within Caltrans’ maintenance program, to expedite development and implementation of bikeways on the state highway system. It would require Caltrans to develop guidance on the program, and identify and implement one bikeway quick-build project in each Caltrans district.

Related Legislation:

SB 1216 (Blakespear) would prohibit, after January 1, 2026, the ATP from funding a project that creates a Class III bikeway or a sharrow, unless the bikeway or sharrow is on a highway with a design speed limit of 25 miles per hour or less or the project will implement improvements to reduce the design speed limit to 25 miles per hour or less. The bill is pending before the Assembly Transportation Committee.

SB 960 (Wiener) would, among other provisions, require to the extent feasible that facilities for pedestrians and bicyclists be provided and improved on all SHOPP projects. The bill is pending before the Assembly Transportation Committee.

SB 127 (Wiener, 2019) would have changed state policies for the management of the state highway system, including requiring Caltrans to incorporate new pedestrian and bicycle facilities into projects in specified areas.

SB 1 (Beall, Chapter 5, Statutes of 2017) increased several taxes and fees to raise the equivalent of roughly $52.4 billion over ten years in new transportation revenues and makes adjustments for inflation every year; directed the funding to be used towards deferred maintenance on the state highways and local streets and roads, and to improve the state's trade corridors, transit, and active transportation facilities.

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

According to the Assembly Appropriations Committee:

This bill requires Caltrans to (1) develop guidance for implementing bikeway quick-build projects, (2) identify and implement one bikeway quick-build project in each of Caltrans 12 districts, and (3), if Caltrans does not construct a planned bicycle facility, or if the bicycle facility that is constructed deviates from the adopted bicycle plan or the adopted active transportation plan, to document and publish the justification for the deviation or lack of construction. This work will likely require Caltrans to dedicate several staff members to the effort, at a cost in the hundreds of thousands of dollars, at least, over the life of the pilot program (State Highway Account (SHA), Road Maintenance and Rehabilitation Account (RMRA) or both). Caltrans anticipates these personnel costs to total in the millions of dollars annually to identify, plan and deliver one bikeway quick-build project in each Caltrans district.

In addition, Caltrans expects to incur capital costs to plan and construct bikeway quick-build projects. Actual costs will depend on the number of projects Caltrans develops and the specifics of each project. That said, Caltrans expects such costs to be in the millions of dollars to tens of millions of dollars (SHA, RMRA or both).

Similarly, Caltrans notes, by striking “the quality of nearby alternative facilities” from statutory conditions that limit the obligation of Caltrans or a city or county to incorporate complete street elements into projects funded by the program, the bill may increase the cost of projects on state highways and local roads.

The California Transportation Commission (CTC) concludes it could update its guidelines to accommodate the requirements of this bill through the use of existing resources.

The bill’s greatest fiscal effect would not be in administrative costs, but rather, in dedicating potentially millions of transportation dollars to bicycle facilities that might not otherwise receive funding. To the extent this funding displaces other desirable projects, the bill creates cost pressure to provide additional transportation funding for displaced projects (SHA, RMRA or other state transportation funds).

POSITIONS: (Communicated to the committee before noon on Wednesday,

June 5, 2024.)

SUPPORT:

Bike LA

Bike Monterey

Bike Slo County

Calbike

California Bicycle Coalition (sponsor)

Marin County Bicycle Coalition

Move Santa Barbara County

Pasadena Complete Streets Coalition

People for Bikes

Planning and Conservation League

Santa Ana Active Streets

Shasta Living Streets

Streets for All

OPPOSITION:

California Association of Bicycling Organizations

Mendocino Council of Governments

ARGUMENTS IN SUPPORT: According to CalBike “Despite significant investment for more than 15 years in planning for safe and accessible bike lanes, implementation of facilities proposed in these plans has been much too slow at every level of government. Community support for these facilities is overwhelming despite piecemeal efforts by state and local agencies. Given rising traffic fatalities for people walking and biking, we need to ensure that opportunities are not missed to implement bikeways on pavement repair and rehabilitation projects and that state Active Transportation Program funds are invested in bikeways that are safe for users of all ages and abilities. Caltrans should demonstrate leadership in implementing bikeways quickly on pavement maintenance projects.

In some cases, state and local agencies have chosen to include bike facilities that don’t require dedicated space for bicycling, but as a result aren’t safe or appropriate for the roadway. For example, Class 3 shared-lane markings (“sharrows”) are shown to not adequately provide safety for people biking except on very low speed and low-volume streets, yet they continue to be an approved project type in the state Active Transportation Program (ATP)”

ARGUMENTS IN OPPOSITION: According to the Mendocino Council of Governments “AB 2290 would prohibit allocation of Active Transportation Program (ATP) funds for any project that creates a Class III bikeway (“sharrows”) on a road with a design speed over 20 miles per hour. Although there are definitely situations when a Class III is not appropriate, there are also many situations in which a Class III bikeway can be an important part of a bicycle network… In a rural area with little formula funding, we rely on grants programs such as the Active Transportation Program to fund new bicycle and pedestrian facilities. By eliminating flexibility in how projects can be delivered, it is likely to result in fewer new or improved bike and pedestrian facilities. Rather than prohibiting ATP funds on projects that include Class III bikeways through legislation, we recommend allowing the program guidelines to continue be used as a means of ensuring that these bikeways are used in appropriate circumstances…

The bill would also require projects funded with Road Maintenance and Rehabilitation Program funding, including maintenance and safety projects, to incorporate bicycle facilities in the project…This would severely impact local agencies’ ability to deliver basic projects with existing, limited funding… By forcing local agencies to include additional components without additional funds identified for those components, local agencies will be very limited on the number and type of critical projects planned on their local facilities.”

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2290

Author:(Friedman)

As Amended Ver:April 1, 2024

Majority vote

SUMMARY

Prohibits the use of Active Transportation Program (ATP) funding for certain projects, requires, where feasible, bike facilities included in certain plans be built, and establishes the "Bikeway Quick-Build Project Pilot Program" within the California Department of Transportation (Caltrans).

Major Provisions

1. Establishes the Bikeway Quick-Build Project Pilot Program within Caltrans' maintenance program, and requires Caltrans to develop guidance for implementing bikeway quick-build projects to identify and implement one project in each Caltrans district by December 31, 2027.
2. Defines a "quick-build project" as an interim capital infrastructure project that requires minor construction activities but is built with durable, low- to moderate-cost materials, and lasts from one to five years.
3. Requires, where feasible, a bicycle facility identified for a street in a bicycle plan or an active transportation plan that is adopted by a city, a county, or Caltrans to be included in a project funded by the Road Maintenance and Rehabilitation Program (RMRP).
4. Requires the city, the county, or Caltrans to document and publish the justification if it does not construct a planned bicycle facility, or builds a facility that deviates from the adopted bicycle or active transportation plan.
5. Restricts ATP from allocating funding to a Class III bikeway unless the project is on a residential street with a posted speed limit of 20 miles per hour of less, or the project will implement improvements to reduce the design speed limit to 20 miles per hours or less.

COMMENTS

As the state and regions continue to work toward the goal of reducing greenhouse gas (GHG) emissions by 40% by 2030, as well as cutting other forms of air pollution, increasing the mode shift from single occupant car trips to other forms of transportation, such as bicycling, is critical. Caltrans is committed to climate action and advancing social equity in the transportation sector set forth by the California State Transportation Agency's (CalSTA) Climate Action Plan for Transportation Infrastructure (CAPTI), which aligns with the California Transportation Plan (CTP) 2050, and meets the state's climate change mandates, targets, and policies set forth by Executive Orders N-19-19 and N-79-20.

In 2021, Caltrans released the Director's Policy on Complete Streets (DP-37), which directs all transportation projects funded or overseen by Caltrans to provide comfortable, convenient, and connected "complete streets" facilities for people walking, biking, and taking transit or passenger rail, unless an exception is documented and approved. The Caltrans Complete Streets Action Plan (CSAP) 2022-23, is an effort to identify key high-priority efforts needed to implement DP-37 over the next two years, and includes actions on quick-build projects, separated bikeways, and safety expectations.

Traffic fatalities, particularly for our most vulnerable road users biking and walking, are significantly increasing year-over-year and rose to 4,477 in 2021, the most recent year of data according to Caltrans 2024 Highway Safety Improvement Program Implementation Plan.

Multi-modal projects are instrumental in successful implementation of CAPTI. This bill seeks to increase the number of safe bikeways across the state by implementing; quick-build projects, active transportation plans, and separated bikeways.

Quick-build projects. According to Caltrans guidance, quick-build projects are interim capital improvement projects that further the goals of the ATP. These projects require minor construction and are built with durable, low to moderate cost materials, and last from one year to five years. A quick-build project is intended to immediately address safety needs. It allows a community to benefit quickly from improvements made, and at the same time give the community the opportunity to test the project improvements before they are permanently constructed. Unlike traditional capital projects, quick-build projects can be adjusted; they can be changed based on community input and further technical analysis over time.

Examples of quick-build project types include; barrier elements (raised lane separator, delineator post, self-watering planters, barricades, etc.), surface treatments (street bond pavement coating, asphalt paint, epoxy gravel, city bench, etc.), street furniture, and signs.

This bill establishes the "Bikeway Quick-Build Project Pilot Program" within Caltrans' maintenance program, to expedite development and implementation of bikeways on the state highway system. It would require Caltrans to develop guidance on the program, and identify and implement one bikeway quick-build project in each Caltrans district.

Active Transportation Plans. SB 1 (Beall), Chapter 5, Statutes of 2017 created the RMRP to maintain state and local roads. Eligible projects include: road maintenance and rehabilitation, safety projects, railroad grade separations, complete street components, including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and stormwater capture projects, and traffic control devices.

The RMRP requires Caltrans and the cities and counties, to the extent beneficial, cost effective, practicable in the context of facility type, and quality of nearby alternative facilities, to incorporate complete street elements into projects.

In 2017, Caltrans published the state-wide bicycles and pedestrian plan, Toward and Active California, that identifies locations with bicycle and pedestrian needs in each Caltrans' district. The plan seeks to make it safer, more comfortable, and more convenient to walk and bike. Every Caltrans district has since published district-level plans to identifying bicycle and pedestrian asset needs and priority projects on, across, or parallel to the State Highway System (SHS).

Over 80 local jurisdictions have adopted pedestrian, bicycle, or combined pedestrian/bicycle master plans in order to increase safety and investments in bicycle and pedestrian infrastructure.

This bill strikes "quality of nearby alternative facilities" from the RMRP, and requires, "where feasible", a project included in a local or state bicycle or active transportation plan to be included in a project funded by the program. If a bicycle facility included in a plan is not constructed, or deviates from the adopted plan, this bill requires the locality or Caltrans to document and publish the justification for the deviation.

Separated bikeways. The Legislature created ATP in 2013 to increase active modes of transportation, such as walking and biking. The goals of the ATP include, but are not limited to, increasing the proportion of trips accomplished by walking and biking, increasing the safety and mobility of non-motorized users, advancing efforts of regional agencies to achieve greenhouse gas reduction goals, enhancing public health, and providing a broad spectrum of projects to benefit many types of users including disadvantaged communities.

The 2024 ATP guidelines require the CTC to consider state goals and provisions set forth in the CAPTI. Eligible projects include; infrastructure and non-infrastructure projects that further the goals of ATP, development of a community-wide bicycle, pedestrian, safe routes to school, or active transportation plan, and quick-build projects.

Class III bikeways are eligible for funding under ATP. A Class III bikeway is indicated by bike route signs and shared roadway markings along the route, also known as "sharrows". These bikeways do not provide a dedicated lane for bicycling, and as a result do not necessarily provide adequate safety measures for bicycles except on low-speed and low-volume streets.

This bill prevents the ATP from funding Class III bikeways, unless the project is on a street with a design speed limit of 20 mph or less, or the project will implement improvements to reduce the design speed limit to 20 miles per hour or less. Local governments would still be able to fund sharrows using local dollars.

According to the Author

"AB 2290 improves the safety and quality of bikeways and ensures state and local agencies are taking advantage of road repaving projects to build bikeways that already have community support demonstrated in their planning documents when using state transportation funds…Despite significant investment for more than 15 years in planning for safe and accessible bike lanes, implementation of facilities proposed in these plans has been much too slow at every level of government. Community support for these facilities is overwhelming despite piecemeal efforts by state and local agencies. Given rising traffic fatalities for people walking and biking, we need to ensure that opportunities are not missed to implement bikeways on pavement repair and rehab projects and that state Active Transportation Program funds are invested in bikeways that are safe for users of all ages and abilities. Caltrans should demonstrate leadership in implementing bikeways quickly on pavement maintenance projects."

Arguments in Support

Planning and Conservation League writes, "AB 2290 represents a significant opportunity to advance California's goals of greenhouse gas reduction, public health, and equity. To fulfill our climate commitments, we must make active transportation modes a legitimate option for Californians. That means making our streets safer for bicycles and pedestrians, building out our bike network quickly, and closing bad loopholes that stand in the way of our future."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Committee on Appropriations:

This bill requires Caltrans to 1) develop guidance for implementing bikeway quick-build projects, 2) identify and implement one bikeway quick-build project in each of Caltrans 12 districts, and 3), if Caltrans does not construct a planned bicycle facility, or if the bicycle facility that is constructed deviates from the adopted bicycle plan or the adopted active transportation plan, to document and publish the justification for the deviation or lack of construction. This work will likely require Caltrans to dedicate several staff members to the effort, at a cost in the hundreds of thousands of dollars, at least, over the life of the pilot program (State Highway Account (SHA), Road Maintenance and Rehabilitation Account (RMRA) or both). Caltrans anticipates these personnel costs to total in the millions of dollars annually to identify, plan and deliver one bikeway quick-build project in each Caltrans district.

In addition, Caltrans expects to incur capital costs to plan and construct bikeway quick-build projects. Actual costs will depend on the number of projects Caltrans develops and the specifics of each project. That said, Caltrans expects such costs to be in the millions of dollars to tens of millions of dollars (SHA, RMRA or both).

Similarly, Caltrans notes, by striking "the quality of nearby alternative facilities" from statutory conditions that limit the obligation of Caltrans or a city or county to incorporate complete street elements into projects funded by the program, the bill may increase the cost of projects on state highways and local roads.

The California Transportation Commission (CTC) concludes it could update its guidelines to accommodate the requirements of this bill through the use of existing resources.

The bill's greatest fiscal effect would not be in administrative costs, but rather, in dedicating potentially millions of transportation dollars to bicycle facilities that might not otherwise receive funding. To the extent this funding displaces other desirable projects, the bill creates cost pressure to provide additional transportation funding for displaced projects (SHA, RMRA or other state transportation funds).

VOTES

ASM TRANSPORTATION: 11-4-0

YES: Wilson, Aguiar-Curry, Berman, Juan Carrillo, Hart, Jackson, Lowenthal, Papan, Ting, Ward, Wicks

NO: Davies, Hoover, Sanchez, Wallis

ASM APPROPRIATIONS: 11-4-0

YES: Wicks, Arambula, Bryan, Calderon, Wendy Carrillo, Mike Fong, Grayson, Haney, Hart, Pellerin, Villapudua

NO: Sanchez, Dixon, Jim Patterson, Ta

UPDATED

VERSION: April 1, 2024

CONSULTANT: Julia Kingsley / TRANS. / (916) 319-2093 FN: 0003022

Date of Hearing: May 15, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2290

Author:(Friedman) – As Amended Ver:April 1, 2024

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill establishes within the Department of Transportation (Caltrans) the Bikeway Quick-Build Project Pilot Program and makes other changes to foster development of safe bikeways.

Specifically, this bill:

1. Establishes the Bikeway Quick-Build Project Pilot Program to expedite development and implementation of bikeways on the state highway system. As part of the pilot program, Caltrans is to:
   1. Develop guidance for implementing bikeway quick-build projects—meaning an interim capital infrastructure project that requires minor construction activities but is built with durable, low- to moderate-cost materials, and lasts from one to five years, inclusive.
   2. On or before December 31, 2027, identify and implement one bikeway quick-build project in each of Caltrans’ 12 districts, as part of the Road Maintenance and Rehabilitation Program.
2. Requires, where feasible, a bicycle facility identified for a street in a bicycle plan or an active transportation plan that is adopted by a city, a county or Caltrans be included in a project funded by the Road Maintenance and Rehabilitation Program that includes that street, and requires such a city or county, or Caltrans, if it does not construct the planned bicycle facility, or if the bicycle facility that is constructed deviates from the adopted bicycle plan or the adopted active transportation plan, to document and publish the justification for the deviation. 
3. Strikes from statute “the quality of nearby alternative facilities” from the conditions that limit the obligation of Caltrans or a city or county that receives Road Maintenance and Rehabilitation Program (RMRP) funds to incorporate complete street elements into projects funded by the program.
4. Prohibits funds appropriated for the Active Transportation Program from being allocated to a project that creates a Class III bikeway—that is, a bikeway shared with pedestrians and motor vehicles—unless the project is on a street with a design speed limit of 20 miles per hour or less or the project will implement improvements to reduce the design speed limit to 20 miles per hour or less.

FISCAL EFFECT:

This bill requires Caltrans to (1) develop guidance for implementing bikeway quick-build projects, (2) identify and implement one bikeway quick-build project in each of Caltrans 12 districts, and (3), if Caltrans does not construct a planned bicycle facility, or if the bicycle facility that is constructed deviates from the adopted bicycle plan or the adopted active transportation plan, to document and publish the justification for the deviation or lack of construction. This work will likely require Caltrans to dedicate several staff members to the effort, at a cost in the hundreds of thousands of dollars, at least, over the life of the pilot program (State Highway Account (SHA), Road Maintenance and Rehabilitation Account (RMRA) or both). Caltrans anticipates these personnel costs to total in the millions of dollars annually to identify, plan and deliver one bikeway quick-build project in each Caltrans district.

In addition, Caltrans expects to incur capital costs to plan and construct bikeway quick-build projects. Actual costs will depend on the number of projects Caltrans develops and the specifics of each project. That said, Caltrans expects such costs to be in the millions of dollars to tens of millions of dollars (SHA, RMRA or both).

Similarly, Caltrans notes, by striking “the quality of nearby alternative facilities” from statutory conditions that limit the obligation of Caltrans or a city or county to incorporate complete street elements into projects funded by the program, the bill may increase the cost of projects on state highways and local roads.

The California Transportation Commission (CTC) concludes it could update its guidelines to accommodate the requirements of this bill through the use of existing resources.

The bill’s greatest fiscal effect would not be in administrative costs, but rather, in dedicating potentially millions of transportation dollars to bicycle facilities that might not otherwise receive funding. To the extent this funding displaces other desirable projects, the bill creates cost pressure to provide additional transportation funding for displaced projects (SHA, RMRA or other state transportation funds).

COMMENTS:

1. Purpose. The author intends this bill to lead to the inclusion of bikeways in road paving projects and to lead to more and safer bikeways. According to the author:

Despite significant investment for more than 15 years in planning for safe and accessible bike lanes, implementation of facilities proposed in these plans has been much too slow at every level of government. Community support for these facilities is overwhelming despite piecemeal efforts by state and local agencies. Given rising traffic fatalities for people walking and biking, we need to ensure that opportunities are not missed to implement bikeways on pavement repair and rehab projects and that state Active Transportation Program funds are invested in bikeways that are safe for users of all ages and abilities.

1. Background. In 2017, the Legislature passed SB 1 (Beall), Chapter 5, Statutes of 2017, known as the Road Repair and Accountability Act (Act), which provides approximately $4.4 billion per year for roads, transit and active transportation programs. SB 1 generates this revenue by increasing fuel taxes that predate SB 1, as well as two new vehicle fees created by SB 1. SB1 created the RMRP to address deferred maintenance on the State Highway System and the local street and road system.

SB 1 also created the RMRA, into which about two-thirds of SB 1 revenues—around $3 billion annually—are deposited. SB 1 dedicates the revenues in the RMRA to six purposes in fixed amounts: (a) $200 million for the Local Partnership Program, (b) $100 million for the Active Transportation Program, (c) $400 million for state bridge and culvert maintenance and rehabilitation, (d) $25 million for freeway service patrols, (e) $5 million for workforce development programs (until 2021–22) and (f) $7 million for transportation-related research. The remaining revenues are divided equally between the State Highway Operation and Protection Program—a rolling four-year document, adopted by the California Transportation Commission, of capital improvements for the maintenance, safety, operation and rehabilitation of the state highway system that do not add new capacity to the system—and the Local Streets and Roads Program.

This bill makes several requirements that the author asserts will encourage or lead to the inclusion of bikeways in road paving projects, primarily those funded by the RMRP, and to lead to more and safer bikeways. The bill is supported by several organizations that promote bicycling and complete streets, including the California Bicycle Coalition and the Planning and Conservation League. There is no opposition registered against the bill.

Analysis Prepared by: Jay Dickenson / APPR. / (916) 319-2081

Date of Hearing: April 8, 2024

ASSEMBLY COMMITTEE ON TRANSPORTATION

Lori D. Wilson, Chair

ABPCA Bill Id:AB 2290 (

Author:Friedman) – As Amended Ver:April 1, 2024

SUBJECT: Transportation: Class III bikeways: bicycle facilities: Bikeway Quick-Build Project Pilot Program

SUMMARY: Prohibits the use of Active Transportation Program (ATP) funding for certain projects, requires, where feasible, bike facilities included in certain plans be built, and establishes the “Bikeway Quick-Build Project Pilot Program” within the California Department of Transportation (Caltrans). Specifically, this bill:

1. Establishes the Bikeway Quick-Build Project Pilot Program within Caltrans’ maintenance program, and requires Caltrans to develop guidance for implementing bikeway quick-build projects to identify and implement one project in each Caltrans district by December 31, 2027.
2. Defines a “quick-build project” as an interim capital infrastructure project that requires minor construction activities but is built with durable, low- to moderate-cost materials, and lasts from one to five years.
3. Requires, where feasible, a bicycle facility identified for a street in a bicycle plan or an active transportation plan that is adopted by a city, a county, or Caltrans to be included in a project funded by the Road Maintenance and Rehabilitation Program (RMRP).
4. Requires the city, the county, or Caltrans to document and publish the justification if it does not construct a planned bicycle facility, or builds a facility that deviates from the adopted bicycle or active transportation plan.
5. Restricts ATP from allocating funding to a Class III bikeway unless the project is on a residential street with a posted speed limit of 20 miles per hour of less, or the project will implement improvements to reduce the design speed limit to 20 miles per hours or less.

EXISTING LAW:

1. Requires Caltrans to improve and maintain the state highways, including all traversable highways which have been adopted or designated as state highways by the Transportation Commission (CTC). (Streets and Highways Code (SHC) Section 91)
2. Defines “bikeway” as all facilities that provide and promote bicycle travel. Defines the classification of bikeways as follows:
3. “Class I bikeways,” provide a completely separated right-of-way designated for the exclusive use of bicycles and pedestrians with crossflows by motorists minimized.
4. “Class II bikeways,” 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.
5. “Class III bikeways,” provide a right-of-way on-street or off-street, designated by signs or permanent markings and shared with pedestrians and motorists.
6. “Class IV bikeways,” promote active transportation and provide a right-of-way designated exclusively for bicycle travel adjacent to a roadway and which are separated from vehicular traffic. (SHC Section 890.4)
7. Establishes the RMRP to address deferred maintenance on the state highway system and the local street and road system. (SHC Section 2030)
8. Establishes the Active Transportation Program. (SHC Section 2381)
9. Requires cities and counties to include complete streets provisions in updating the general plan circulation element. (Government Code Section 65302)

FISCAL EFFECT: Unknown

COMMENTS: As the state and regions continue to work toward the goal of reducing greenhouse gas (GHG) emissions by 40% by 2030, as well as cutting other forms of air pollution, increasing the mode shift from single occupant car trips to other forms of transportation, such as bicycling, is critical. Caltrans is committed to climate action and advancing social equity in the transportation sector set forth by the California State Transportation Agency’s (CalSTA) Climate Action Plan for Transportation Infrastructure (CAPTI), which aligns with the California Transportation Plan (CTP) 2050, and meets the state’s climate change mandates, targets, and policies set forth by Executive Orders N-19-19 and N-79-20.

Caltrans’ draft System Investment Strategy (CSIS), released in March 2024, includes guidance on project prioritization based on program fit, and CAPTI alignment. Ultimately, the CSIS guides how Caltrans nominates the most competitive projects for a specific funding program, while also advancing state goals.

In 2021, Caltrans released the Director’s Policy on Complete Streets (DP-37), which directs all transportation projects funded or overseen by Caltrans to provide comfortable, convenient, and connected “complete streets” facilities for people walking, biking, and taking transit or passenger rail, unless an exception is documented and approved. The Caltrans Complete Streets Action Plan (CSAP) 2022-23, is an effort to identify key high-priority efforts needed to implement DP-37 over the next two years, and includes actions on quick-build projects, separated bikeways, and safety expectations.

Traffic fatalities, particularly for our most vulnerable road users biking and walking, are significantly increasing year-over-year and rose to 4,477 in 2021, the most recent year of data according to Caltrans 2024 Highway Safety Improvement Program Implementation Plan.

Multi-modal projects are instrumental in successful implementation of CAPTI. This bill seeks to increase the number of safe bikeways across the state by implementing; quick-build projects, active transportation plans, and separated bikeways.

Quick-build projects. According to Caltrans guidance, quick-build projects are interim capital improvement projects that further the goals of the ATP. These projects require minor construction and are built with durable, low to moderate cost materials, and last from one year to five years. A quick-build project is intended to immediately address safety needs. It allows a community to benefit quickly from improvements made, and at the same time give the community the opportunity to test the project improvements before they are permanently constructed. Unlike traditional capital projects, quick-build projects can be adjusted; they can be changed based on community input and further technical analysis over time.

Examples of quick-build project types include; barrier elements (raised lane separator, delineator post, self-watering planters, barricades, etc.), surface treatments (street bond pavement coating, asphalt paint, epoxy gravel, city bench, etc.), street furniture, and signs.

This bill establishes the “Bikeway Quick-Build Project Pilot Program” within Caltrans’ maintenance program, to expedite development and implementation of bikeways on the state highway system. It would require Caltrans to develop guidance on the program, and identify and implement one bikeway quick-build project in each Caltrans district.

Active Transportation Plans. SB 1 (Beall), Chapter 5, Statutes of 2017 created the RMRP to maintain state and local roads. Eligible projects include: road maintenance and rehabilitation, safety projects, railroad grade separations, complete street components, including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and stormwater capture projects, and traffic control devices.

The RMRP requires Caltrans and the cities and counties, to the extent beneficial, cost effective, practicable in the context of facility type, and quality of nearby alternative facilities, to incorporate complete street elements into projects.

In 2017, Caltrans published the state-wide bicycles and pedestrian plan, Toward and Active California, that identifies locations with bicycle and pedestrian needs in each Caltrans’ districtThe plan seeks to make it safer, more comfortable, and more convenient to walk and bike.. Every Caltrans district has sinse published district-level plans to identifying bicycle and pedestrian asset needs and priority projects on, across, or parallel to the State Highway System (SHS).

Over 80 local jurisdictions have adopted pedestrian, bicycle, or combined pedestrian/bicycle master plans in order to increase safety and investments in bicycle and pedestrian infrastructure.

This bill strikes “quality of nearby alternative facilities” from the RMRP, and requires, “where feasible”, a project included in a local or state bicycle or active transportation plan to be included in a project funded by the program. If a bicycle facility included in a plan is not constructed, or deviates from the adopted plan, this bill requires the locality or Caltrans to document and publish the justification for the deviation.

Separated bikeways. The Legislature created ATP in 2013 to increase active modes of transportation, such as walking and biking. The goals of the ATP include, but are not limited to, increasing the proportion of trips accomplished by walking and biking, increasing the safety and mobility of non-motorized users, advancing efforts of regional agencies to achieve greenhouse gas reduction goals, enhancing public health, and providing a broad spectrum of projects to benefit many types of users including disadvantaged communities.

The 2024 ATP guidelines require the CTC to consider state goals and provisions set forth in the CAPTI. Eligible projects include; infrastructure and non-infrastructure projects that further the goals of ATP, development of a community-wide bicycle, pedestrian, safe routes to school, or active transportation plan, and quick-build projects.

Class III bikeways are eligible for funding under ATP. A Class III bikeway is indicated by bike route signs and shared roadway markings along the route, also known as “sharrows”. These bikeways do not provide a dedicated lane for bicycling, and as a result do not necessarily provide adequate safety measures for bicycles except on low-speed and low-volume streets.

This bill prevents the ATP from funding Class III bikeways, unless the project is on a street with a design speed limit of 20 mph or less, or the project will implement improvements to reduce the design speed limit to 20 miles per hour or less. Local governments would still be able to fund sharrows using local dollars.

According to the author, “AB 2290 improves the safety and quality of bikeways and ensures state and local agencies are taking advantage of road repaving projects to build bikeways that already have community support demonstrated in their planning documents when using state transportation funds.

Despite significant investment for more than 15 years in planning for safe and accessible bike lanes, implementation of facilities proposed in these plans has been much too slow at every level of government. Community support for these facilities is overwhelming despite piecemeal efforts by state and local agencies. Given rising traffic fatalities for people walking and biking, we need to ensure that opportunities are not missed to implement bikeways on pavement repair and rehab projects and that state Active Transportation Program funds are invested in bikeways that are safe for users of all ages and abilities. Caltrans should demonstrate leadership in implementing bikeways quickly on pavement maintenance projects.”

In support, the Planning and Conservation League writes, “AB 2290 represents a significant opportunity to advance California’s goals of greenhouse gas reduction, public health, and equity. To fulfill our climate commitments, we must make active transportation modes a legitimate option for Californians. That means making our streets safer for bicycles and pedestrians, building out our bike network quickly, and closing bad loopholes that stand in the way of our future.”

Related legislation. SB 1216 (Blakespear) of 2024 prohibits the use of ATP funds for Class III bikeways, starting in January 1, 2025.

SB 127 (Wiener) of 2019 would have changed state policies for the management of the state highway system, including requiring Caltrans to incorporate new pedestrian and bicycle facilities into projects in specified areas.

SB 1 (Beall), Chapter 5, Statutes of 2017 increased several taxes and fees to raise the equivalent of roughly $52.4 billion over ten years in new transportation revenues and makes adjustments for inflation every year; directed the funding to be used towards deferred maintenance on the state highways and local streets and roads, and to improve the state's trade corridors, transit, and active transportation facilities.

SB 99 (Senate Committee on Budget and Fiscal Review), Chapter 359, Statutes of 2013 created the “Active Transportation Program” which distributes funding for human-powered transportation projects and programs.

AB 1358 (Leno), Chapter 657, Statutes of 2008 created the Complete Streets Act of 2008, which required the Office of Planning and Research to amend its “General Plan Guidelines” for the circulation element to specify how local officials can accommodate safe and convenient travel and for cities and counties to modify their circulation elements to plan for a balanced multi-modal transportation network that meets the needs of all users of streets, roads, and highways.

REGISTERED SUPPORT / OPPOSITION:

Support

California Bicycle Coalition

Planning and Conservation League

Opposition

None on file

Analysis Prepared by: Julia Kingsley / TRANS. / (916) 319-2093