2009 California Streets and Highways Code - Section 890-894.2 :: Article 3. California Bicycle Transportation Act

890.  It is the intent of the Legislature, in enacting this article,
to establish a bicycle transportation system. It is the further
intent of the Legislature that this transportation system shall be
designed and developed to achieve the functional commuting needs of
the employee, student, business person, and shopper as the foremost
consideration in route selection, to have the physical safety of the
bicyclist and bicyclist's property as a major planning component, and
to have the capacity to accommodate bicyclists of all ages and
skills.

890.2.  As used in this chapter, "bicycle" means a device upon which
any person may ride, propelled exclusively by human power through a
belt, chain, or gears, and having either two or three wheels in a
tandem or tricycle arrangement.

890.3.  As used in this article, "bicycle commuter" means a person
making a trip by bicycle primarily for transportation purposes,
including, but not limited to, travel to work, school, shopping, or
other destination that is a center of activity, and does not include
a trip by bicycle primarily for physical exercise or recreation
without such a destination.

890.4.  As used in this article, "bikeway" means all facilities that
provide primarily for bicycle travel. For purposes of this article,
bikeways shall be categorized as follows:
   (a) Class I bikeways, such as a "bike path," which provide a
completely separated right-of-way designated for the exclusive use of
bicycles and pedestrians with crossflows by motorists minimized.
   (b) Class II bikeways, such as a "bike lane," which provide a
restricted right-of-way designated for the exclusive or semiexclusive
use of bicycles with through travel by motor vehicles or pedestrians
prohibited, but with vehicle parking and crossflows by pedestrians
and motorists permitted.
   (c) Class III bikeways, such as an onstreet or offstreet "bike
route," which provide a right-of-way designated by signs or permanent
markings and shared with pedestrians or motorists.

890.6.  The department, in cooperation with county and city
governments, shall establish minimum safety design criteria for the
planning and construction of bikeways and roadways where bicycle
travel is permitted. The criteria shall include, but not be limited
to, the design speed of the facility, minimum widths and clearances,
grade, radius of curvature, pavement surface, actuation of automatic
traffic control devices, drainage, and general safety. The criteria
shall be updated biennially, or more often, as needed.

890.8.  The department shall establish uniform specifications and
symbols for signs, markers, and traffic control devices to designate
bikeways, regulate traffic, improve safety and convenience for
bicyclists, and alert pedestrians and motorists of the presence of
bicyclists on bikeways and on roadways where bicycle travel is
permitted.

891.  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 all minimum safety
design criteria and uniform specifications and symbols for signs,
markers, and traffic control devices established pursuant to Sections
890.6 and 890.8.

891.2.  A city or county may prepare a bicycle transportation plan,
which shall include, but not be limited to, the following elements:
   (a) The estimated number of existing bicycle commuters in the plan
area and the estimated increase in the number of bicycle commuters
resulting from implementation of the plan.
   (b) A map and description of existing and proposed land use and
settlement patterns which shall include, but not be limited to,
locations of residential neighborhoods, schools, shopping centers,
public buildings, and major employment centers.
   (c) A map and description of existing and proposed bikeways.
   (d) A map and description of existing and proposed end-of-trip
bicycle parking facilities. These shall include, but not be limited
to, parking at schools, shopping centers, public buildings, and major
employment centers.
   (e) A map and description of existing and proposed bicycle
transport and parking facilities for connections with and use of
other transportation modes. These shall include, but not be limited
to, parking facilities at transit stops, rail and transit terminals,
ferry docks and landings, park and ride lots, and provisions for
transporting bicyclists and bicycles on transit or rail vehicles or
ferry vessels.
   (f) A map and description of existing and proposed facilities for
changing and storing clothes and equipment. These shall include, but
not be limited to, locker, restroom, and shower facilities near
bicycle parking facilities.
   (g) A description of bicycle safety and education programs
conducted in the area included within the plan, efforts by the law
enforcement agency having primary traffic law enforcement
responsibility in the area to enforce provisions of the Vehicle Code
pertaining to bicycle operation, and the resulting effect on
accidents involving bicyclists.
   (h) A description of the extent of citizen and community
involvement in development of the plan, including, but not limited
to, letters of support.
   (i) A description of how the bicycle transportation plan has been
coordinated and is consistent with other local or regional
transportation, air quality, or energy conservation plans, including,
but not limited to, programs that provide incentives for bicycle
commuting.
   (j) A description of the projects proposed in the plan and a
listing of their priorities for implementation.
   (k) A description of past expenditures for bicycle facilities and
future financial needs for projects that improve safety and
convenience for bicycle commuters in the plan area.

891.4.  (a) A city or county that has prepared a bicycle
transportation plan pursuant to Section 891.2 may submit the plan to
the county transportation commission or transportation planning
agency for approval. The city or county may submit an approved plan
to the department in connection with an application for funds for
bikeways and related facilities which will implement the plan. If the
bicycle transportation plan is prepared, and the facilities are
proposed to be constructed, by a local agency other than a city or
county, the city or county may submit the plan for approval and apply
for funds on behalf of that local agency.
   (b) The department may grant funds applied for pursuant to
subdivision (a) on a matching basis which provides for the applicant'
s furnishing of funding for 10 percent of the total cost of
constructing the proposed bikeways and related facilities. The funds
may be used, where feasible, to apply for and match federal grants or
loans.

891.5.  The Sacramento Area Council of Governments, pursuant to
subdivision (d) of Section 2551, may purchase, operate, and maintain
callboxes on class 1 bikeways.

891.8.  The governing body of a city, county, or local agency may do
all of the following:
   (a) Establish bikeways.
   (b) Acquire, by gift, purchase, or condemnation, land, real
property, easements, or rights-of-way to establish bikeways.
   (c) Establish bikeways pursuant to Section 21207 of the Vehicle
Code.

892.  (a) Rights-of-way established for other purposes by cities,
counties, or local agencies shall not be abandoned unless the
governing body determines that the rights-of-way or parts thereof are
not useful as a nonmotorized transportation facility.
   (b) No state highway right-of-way shall be abandoned until the
department first consults with the local agencies having jurisdiction
over the areas concerned to determine whether the right-of-way or
part thereof could be developed as a nonmotorized transportation
facility. If an affirmative determination is made, before abandoning
the right-of-way, the department shall first make the property
available to local agencies for development as nonmotorized
transportation facilities in accordance with Sections 104.15 and
887.6 of this code and Section 14012 of the Government Code.

892.2.  (a) The Bicycle Transportation Account is continued in
existence in the State Transportation Fund, and, notwithstanding
Section 13340 of the Government Code, the money in the account is
continuously appropriated to the department for expenditure for the
purposes specified in Section 892.4. Unexpended moneys shall be
retained in the account for use in subsequent fiscal years.
   (b) Any reference in law or regulation to the Bicycle Lane Account
is a reference to the Bicycle Transportation Account.

892.4.  The department shall allocate and disburse moneys from the
Bicycle Transportation Account according to the following priorities:
   (a) To the department, the amounts necessary to administer this
article, not to exceed 1 percent of the funds expended per year.
   (b) To counties and cities, for bikeways and related facilities,
planning, safety and education, in accordance with Section 891.4.

892.5.  The Bikeway Account, created in the State Transportation
Fund by Chapter 1235 of the Statutes of 1975, is continued in effect,
and, notwithstanding Section 13340 of the Government Code, money in
the account is hereby continuously appropriated to the department for
expenditure for the purposes specified in this chapter. Unexpended
money shall be retained in the account for use in subsequent fiscal
years.

892.6.  The Legislature finds and declares that the construction of
bikeways pursuant to this article constitutes a highway purpose under
Article XIX of the California Constitution and justifies the
expenditure of highway funds therefor.

893.  The department shall disburse the money from the Bicycle
Transportation Account pursuant to Section 891.4 for projects that
improve the safety and convenience of bicycle commuters, including,
but not limited to, any of the following:
   (a) New bikeways serving major transportation corridors.
   (b) New bikeways removing travel barriers to potential bicycle
commuters.
   (c) Secure bicycle parking at employment centers, park-and-ride
lots, rail and transit terminals, and ferry docks and landings.
   (d) Bicycle-carrying facilities on public transit vehicles.
   (e) Installation of traffic control devices to improve the safety
and efficiency of bicycle travel.
   (f) Elimination of hazardous conditions on existing bikeways.
   (g) Planning.
   (h) Improvement and maintenance of bikeways.
   In recommending projects to be funded, due consideration shall be
given to the relative cost effectiveness of proposed projects.

893.2.  The department shall not finance projects with the money in
accounts continued in existence pursuant to this article which could
be financed appropriately pursuant to Article 2 (commencing with
Section 887), or fully financed with federal financial assistance.

893.4.  If available funds are insufficient to finance completely
any project whose eligibility is established pursuant to Section 893,
the project shall retain its priority for allocations in subsequent
fiscal years.

893.6.  The department shall make a reasonable effort to disburse
funds in general proportion to population. However, no applicant
shall receive more than 25 percent of the total amounts transferred
to the Bicycle Transportation Account in a single fiscal year.

894.  The department may enter into an agreement with any city or
county concerning the handling and accounting of the money disbursed
pursuant to this article, including, but not limited to, procedures
to permit prompt payment for the work accomplished.

894.2.  The department, in cooperation with county and city
governments, shall adopt the necessary guidelines for implementing
this article.