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AB-1188 Transportation: bicycle safety handbook.(2023-2024)



Current Version: 04/17/23 - Amended Assembly

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AB1188:v97#DOCUMENT

Corrected  April 20, 2023
Amended  IN  Assembly  April 17, 2023
Amended  IN  Assembly  March 09, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1188


Introduced by Assembly Members Boerner and Low

February 16, 2023


An act to add Section 13978.5 to the Government Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


AB 1188, as amended, Boerner. Transportation: bicycle safety handbook.
Existing law establishes within state government the Transportation Agency, which consists of the Department of the California Highway Patrol, the California Transportation Commission, the Department of Motor Vehicles, the Department of Transportation, the High-Speed Rail Authority, and the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun. The agency is under the supervision of the Secretary of Transportation, who has the power of general supervision over each department within the agency. The secretary, among other duties, is charged with advising the Governor on, and assist the Governor in establishing, major policy and program matters affecting each department, office, or other unit within the agency.
This bill would, upon appropriation by the Legislature, require the agency to develop and distribute, on or before September 1, 2024, a bicycle safety handbook that includes information on, among other things, existing laws regulating bicycles and e-bikes, safety equipment, and sharing roads and bikeways with other users, as specified. The bill would require the agency to make the a downloadable electronic version of the bicycle safety handbook available on the internet, as specified, and in print at all Department of Motor Vehicles offices, state libraries, Department of the California Highway Patrol offices, and other appropriate state offices. In developing the handbook, the bill would require collaboration and consultation between the agency and the Department of Motor Vehicles, the Department of the California Highway Patrol, the California Office of Traffic Safety, the Department of Transportation, and other relevant stakeholders, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all the following:
(a) Bicyclists are entitled to the full use of the state’s streets and highways, unless otherwise prohibited, including safe use and passage on the roadway.
(b) Bicycles are an integral part of the state’s transportation system. The League of American Bicyclists released its 2022 Bicycle Friendly States report, ranking all 50 states on both their policies and practices to make bicycling safer and the outcomes in safety and ridership as a result of those efforts. California took 4th place in this annual ranking.
(c) It is in the best interests of California to encourage bicycle transportation because of the resulting reduction in traffic congestion, carbon dioxide (CO2) emissions, and motor vehicle noise and pollution. According to the internet website www.CoolCalifornia.org, choosing to walk or bike, even for only a few trips, can reduce the carbon footprint of an average household by up to 1,000 pounds of CO2 emissions annually.
(d) Efforts to improve safety and convenience for bicyclists are a proper use of transportation funds. In December 2022, the California Transportation Commission (CTC) approved $1,000,000,000 in funding for 93 new walking and biking projects in disadvantaged communities as part of the 2023 Active Transportation Program. The CTC also allocated more than $878,000,000 for projects to repair and improve transportation infrastructure throughout the state.
(e) Bicyclists have the same rights and responsibilities as motorists and are subject to the same rules and regulations. Thus, it is crucial that bicyclists pay attention to traffic signs and signals and follow all rules to reduce the risk of collisions while on the road.
(f) According to the California Department of Transportation’s Toward an Active California State Bicycle and Pedestrian Plan, education for adult bicyclists and pedestrians is less widely available than for youth and most widely distributed materials emphasize bicycling with confidence in high-traffic situations.

SECTION 1.SEC. 2.

 Section 13978.5 is added to the Government Code, to read:

13978.5.
 (a) Upon appropriation by the Legislature, the agency shall develop and distribute a state handbook on bicycling safety on or before September 1, 2024.
(b) The handbook shall incorporate evidence-based practices and emerging trends for bicycle and e-bike safety. The handbook shall contain, but not be limited to, information on all of the following topics:
(1) Existing laws regulating bicycles and e-bikes.
(2) Safety equipment requirements and recommendations.
(3) Ensuring a bicycle is in good condition before every ride.
(4) Strategies for lawfully and safely bicycling in various situations, including roads, bikeways, and trails.
(5) Bicycling after dark.
(6) Crash avoidance skills.
(7) Distracted and impaired riding.
(8) What to do when a bicycle crash occurs.
(9) Obeying traffic signs and signals.
(10) Reporting road concerns.
(11) How to teach children about bicycle safety.
(12) E-bike types and handling characteristics.
(13) Recommendations for sharing roads and bikeways with motorists, pedestrians, and other bicyclists.
(c) In developing the handbook, the agency shall collaborate and consult with stakeholders from all of the following entities:
(1) The Department of Motor Vehicles.
(2) The Department of the California Highway Patrol.
(3) The California Office of Traffic Safety.
(4) The Department of Transportation.

(5)Other relevant stakeholders, including major bicycling organizations such as the League of American Bicyclists and the American Bicycling Education Association.

(5) Representatives from various bicycling advocacy organizations.
(6) A representative from a statewide motorist service membership organization.
(7) Other relevant stakeholders the department deems necessary.
(d) The agency shall post the handbook a downloadable electronic version of the bicycle safety handbook on the internet website of the Department of Motor Vehicles and any other internet website state department or agency that the agency deems appropriate. The agency shall also make printed copies of the bicycle safety handbook available to the public at the following locations:
(1) Department of Motor Vehicles offices.
(2) The Department of the California Highway Patrol offices.
(3) State libraries.
(4) Any other state offices the agency deems appropriate.

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CORRECTIONS:
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Digest—Page 1.
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