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CA Legislature’s New Session: Hit-and-Run, Cap-and-Trade, No Tolls for Bikes

Screen Shot 2014-05-02 at 4.34.24 PMA new California legislative session started last week with the swearing-in of ten new Senators and 27 new Assemblymembers, the introduction of a hundred new bills between the two houses, and adjournment until January 5.

These first-out-of-the-gate bills can be discussed in hearings as soon as the legislature reconvenes, since by then they will have been “in print” for 30 days. Bills introduced in January will have to wait a bit longer.

Some of the new bills are placeholders that are likely to be further developed as the session moves forward, but some are identical to bills from last year’s session.

Hit-and-Run

A case in point is A.B. 8, from Assemblymember Mike Gatto (D-Los Angeles), which would create a statewide Yellow Alert system to inform law enforcement and the public about vehicles involved in hit-and-run crimes. It is exactly the same bill as last year’s A.B. 47.

A.B. 47 sailed through both houses, then was vetoed by Governor Brown.

Earlier in the session, the Governor had already signed a law similar to Gatto’s bill that allowed the existing Amber Alert system to expand from childhood abductions to include lost or missing seniors and disabled people. The governor said in his veto message that he didn’t want to overload the statewide alert system before the newly added pieces were tested.

Gatto considered this an invitation to try again, and so he has. His staff says they are confident the bill will pass easily again–and that by the time it does the governor will have seen that the system is not overloaded.

Other early bills in the 2015-16 session are listed after the jump. Read more…

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CA Environmental Groups Grade Legislators

The California League of Conservation Voters scorecard is available here.

It’s scorecard season in California. Advocacy groups are giving grades to legislators based on how they voted on bills in the last year’s sessions, and releasing the scores just in time to influence next week’s election.

The California League of Conservation Voters (CLCV) and the Sierra Club both scored legislators according to how they voted on environmental issues, some of them germane to transportation.

The Sierra Club’s scorecard headline is: 2014: Environmental Power Unifies and Wins.

The CLCV added an additional score this year, dinging fifteen Assemblymembers who signed a letter to the California Air Resources Board Chair Mary Nichols begging her to postpone the application of cap-and-trade to fuels in January.

“Considering the severity and scope of the assault on AB 32, CLCV takes the historic step — the first time in more than forty years of scoring the Legislature – of negatively scoring the signatories to the letters as if they had cast a vote against AB 32 implementation,” said the League in a press release. ”We take this unprecedented action to make it clear to lawmakers that their public support or opposition to state laws that tackle climate change will be part of their permanent record of environmental performance we share with our members, other environmental advocates, and the media.”

Read more…

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CalBike Looks Back at the Year in Progress for Bicycling in California

Editor’s note: Here’s the California Bicycle Coalition’s (CalBike) post-session wrap-up of its efforts to promote bicycling through state legislation, authored by CalBike’s Ryan Price. It was originally posted on CalBike’s website. We edited it slightly for length.

California is poised to become one of the most bike-innovative states in the nation. The California Department of Transportation (Caltrans) got a new mission and vision statement this year that is more bicycle friendly, and endorsed progressive street designs. A new State Transportation Agency is shaking up how California traditionally thinks of transportation, and we got to see the first rounds of the Governor’s new “Active Transportation Program.”

While the 2014 legislative session wasn’t ideal in every way, our policymakers took huge steps forward, most importantly with exciting advances toward modern street design. You can find links to exact bill language, fact sheets, and letters to and from lawmakers at the California Bicycle Coalition website here.

We Win Better Bikeways
The California Bicycle Coalition’s main strategy for enabling more people to ride a bike is to get communities to build bicycle-specific infrastructure: networks of paths, protected bike lanes, and calm streets that get people where they need to go, and that are built to be comfortable for anyone ages 8-80. Design rules, outdated laws, and inadequate public investment have been preventing better bikeways for years.

Design rules changed this year. In April, California became the third state to endorse the NACTO Urban Streets Design Guide. “We’re trying to change the mentality of our Department of Transportation,” emphasized Caltrans Director Malcolm Dougherty. The mere endorsement wasn’t enough, however, as the Caltrans Design Chief made clear a few weeks later, stating flatly that “the standards haven’t changed.”

In September, Caltrans took another step by supporting AB 1193, the Protected Bikeways Act. Authored by Assembly Member Phil Ting and the California Bicycle Coalition’s top priority for the 2014 legislative session, this bill has two primary functions:

  • It removes language from the California Highway Design Manual (guidelines for how to design our streets) that  prohibited engineers and planners from building protected bike lanes — bikeways that have been proven to get more people to ride bikes. AB 1193 also requires Caltrans to set “minimum safety design criteria” for protected bike lanes by January 1, 2016. With new design rules, California has a chance to promote the best designs in the country and become a leader in bikeway design.
  • It allows municipalities to use other guidelines for street design, such as the bike-friendly Urban Bikeway Design Guide produced by the National Association of City Transportation Officials.

In short, Caltrans and our policymakers are responding to the voices of the people calling for a revolution in street design. A vital next step is to advocate for protected bike lanes locally. You can pledge your support here for protected bike lanes so local advocates can find supporters in your area.

More Funding Approved, but Not Much
More funding is essential to building the infrastructure California needs to get more people to ride bikes. It is also key to economic sustainability. Active transportation infrastructure creates more jobs during construction and supports the local economy during its lifetime.

At $129 million, or barely 1 percent of the state’s transportation budget for biking and walking combined, funding for bike infrastructure is paltry at best.

Read more…

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Governor Brown Vetoes CA Bill to Increase Fines in School Zones

California Governor Jerry Brown vetoed Senate Bill 1151, which would have raised fines for traffic violations in school zones. The legislation, authored by Senator Anthony Canella (R-Ceres), was co-sponsored by the Safe Routes to School National Coalition, transportation advocates TransForm, and the Central California Regional Obesity Prevention Program. The bill was designed to reduce traffic violations near schools, and money raised from the fine increases would have been earmarked for programs that encourage walking and biking.

CA Governor Jerry Brown vetoed a bill that would have increased driver violation fines and dedicated the revenue to providing safer passage for students walking to school. Photo: Elizabeth Edwards, table5.net

Governor Brown, who is known to dislike bills that raise fines for revenue, called S.B. 1151 regressive in his veto message [PDF]:

Increasing traffic fines as the method to pay for transportation fund activities is a regressive increase that affects poor people disproportionately. Making safety improvements is obviously important, but not by increasing traffic fines.

“The governor’s framing is unfortunate,” said Jeanie Ward-Waller of the Safe Routes to Schools National Partnership. “We see it differently, because the revenue would have funded infrastructure to address the underlying problem of lack of safety near schools. We thought it was a positive way to achieve results.”

The bill originally would have doubled fines in school zones, similar to temporary fine zones instituted to protect workers in construction zones. However, that would have required local jurisdictions to post signs around schools warning of the double fines, and legislators said they didn’t want to impose the cost of new signs on school districts and cities.

Under the compromise passed by the legislature, the bill would have raised the base fines for violations by $35. That would have raised the current range of fines from $238 to $366 to between $273 and $410.

“We are really disappointed, obviously,” said Ward-Waller. “Especially after the legislature supported it unanimously.”

“Children are overwhelmingly the victims of car collisions near schools, especially in low-income communities where there are no safe sidewalks or bike lanes,” Bianca Taylor of TransForm wrote in a blog post. ”As the cost of driving gets more expensive, we need to make sure that low-income neighborhoods have equal access to safe, affordable alternatives to cars, so that all children can safely get to school.”

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Governor Brown Signs Protected Bike Lane Bill, Car Fee for Bike Paths

Governor Brown recently approved A.B. 1193, which would allow protected bike lanes, like this one on 3rd Street in Long Beach, CA, to be more easily implemented throughout California. Photo: Joe Linton, Streetsblog LA

Governor Jerry Brown signed two bills on Saturday that will make it easier for California cities to build better bike infrastructure.

The governor approved Assembly Bill 1193, which means protected bike lanes, or cycletracks, will become an official part of Caltrans’ guidelines on bike infrastructure. Brown also signed Senate Bill 1183, which will allow local governments to use a vehicle surcharge to pay for bike paths and bike facility maintenance.

State to Create Standards Supporting Protected Bike Lanes

A.B. 1193, by Assemblymember Phil Ting (D-San Francisco), will require Caltrans to create engineering standards for protected bike lanes, which until now have been discouraged by a complex approval processes and a lack of state guidance. This new class of lane — called cycletracks, or “class IV bikeways,” in Caltrans terms — are separated from motor traffic using a physical barrier, such as curbs, planters, or parked cars.

Protected bike lanes have been shown to increase the number of people bicycling on them, to make cyclists feel safer, and to decrease the number of wrong-way and sidewalk riders on streets that have them.

The new law will also allow cities and counties to build cycletracks without consulting Caltrans, unless the facilities are built on state highways. California cities that build protected bike lanes will have the option of using the standards to be developed by Caltrans or some other generally accepted standards, sparing them from Caltrans’ arduous approval process.

Locals Can Now Pass Vehicle Fees to Build and Maintain Bikeways

Read more…

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California Legislation Watch: End-of-Session Update

Screen Shot 2014-05-02 at 4.34.24 PMHere is Streetsblog’s weekly highlight of California legislation related to sustainable transportation.

A substantial crop of bills relating to safe and sustainable streets successfully wended its way through this year’s legislative session. Governor Jerry Brown has until September 30 to sign the following bills so they become law in January 2015. Alternatively, he can veto them–or ignore them. If he lets them languish until after the deadline, they will die on their own.

Hit-and-run crimes:

A.B. 47, Mike Gatto (D-Los Angeles): Would create a statewide Yellow Alert system for hit-and-run crimes.

A.B. 1532, also from Gatto: Would require an automatic license suspension for hit-and-run convictions in which a person was hit, no matter how light the injury.

A.B. 2673, Assemblymember Steven Bradford (D-Gardena): A civil compromise with the victim would no longer release a driver from criminal prosecution for hit-and-run crimes.

A.B. 2337, Assemblymember Eric Linder (R-Corona): Would extend license suspension for felony and misdemeanor hit-and-run convictions from one to two years.

Bicycles:

Read more…

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Bill Streamlining Protected Bike Lanes in CA Awaits Governor’s Signature

With Governor Brown’s approval, protected bike lanes like these ones on San Francisco’s Market Street could become easier for cities to build. Photo: Melanie Curry/Streetsblog

A bill that would make it easier for California cities to build protected bike lanes was passed by both houses of the state legislature this week and only awaits Governor Jerry Brown’s signature.

The bill, A.B. 1193, was authored by Assemblymember Phil Ting (D-San Francisco) and sponsored by the California Bicycle Coalition.

The bill serves several purposes. First and foremost, it requires Caltrans to establish engineering standards for protected bike lanes or “cycletracks,” a new category of bike lanes for cities to use.

At the same time, it removes a provision in the law that requires that any bike lane built in California adhere to Caltrans specifications, even if it is built on a local street that is not under Caltrans’ jurisdiction. This frees up local jurisdictions to choose other guidelines, such as the National Association of City Transportation Officials’ (NACTO) Urban Bikeway Design Guide, if the Caltrans standards do not adequately address local conditions.

Caltrans endorsed the NACTO Urban Street Design Guide earlier this year but has not adopted it, meaning that cities that want to build separated bike lanes must still go through a process to get an exemption.

Last-minute negotiations on the bill addressed concerns about liability by adding several conditions that have to be met before non-Caltrans criteria can be used. A “qualified engineer” must review and sign off on a protected bike lane project, the public must be duly notified, and alternative criteria must “adhere to guidelines established by a national association of public agency transportation official,” which means the NACTO guidelines would could be used whether Caltrans has officially adopted them or not.

And unfortunately for lay people, Caltrans balked at removing its convention of naming bike lane types by “class” and numeral, saying it is just too embedded in its documents. So the new protected bike lanes category would be officially named “Class IV Bikeways,” adding to Class I Bikeways (bike paths or shared use paths), Class II bikeways (bike lanes), and Class III bikeways (bike routes). Memorize that.

“We’re very excited to have gotten to this point after months of harder-than-expected negotiations and stalwart support from Phil Ting,” said Dave Snyder of the California Bicycle Coalition. ”He really wants to see protected bikeways get more popular.”

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Four CA Hit-and-Run Bills Await Governor Brown’s Signature

Hit-and-runs have been a problem in California for a long time. In this 1973 publicity still, Adam 12′s fictional television LAPD officers investigate a hit-and-run. Four bills to curb these crimes await Governor Brown’s approval. Photo: Wikipedia

Four bills targeting hit-and-run crimes in California await Governor Jerry Brown’s signature, including two from Assemblymember Mike Gatto (D-Los Angeles), who has made hit-and-runs a focus this year. The bills have passed both houses of the California legislature and are awaiting the governor’s signature.

One, a late addition to the legislative calendar (A.B. 47), would allow law enforcement authorities to broadcast information about vehicles suspected of being involved in a hit-and-run collision using the existing “Amber” alert system, which notifies the public about child abductions via changeable message signs on freeways across the state.

The system is strictly limited to avoid its overuse, and the Senate made amendments to the bill to further tightened restrictions. The new “Yellow” alerts would only be allowed when a hit-and-run has caused a serious injury or death. There has to be at least a partial description of the vehicle and its license plate available, and there must be a chance that making the information public will help catch the suspect and protect the public from further harm.

Another Gatto bill, A.B. 1532, would require an automatic six-month license suspension for anyone convicted of a hit-and-run collision in which a person was hit. Currently, consequences for leaving the scene of a crash are light if the victim has less than serious injuries, but someone who drives away can claim not to know how badly the victim was hurt. With this law, anyone who drives away and gets caught will face more serious consequences just for the act of leaving.

Meanwhile, the bill from Assemblymember Steven Bradford (D-Gardena), A.B. 2673, which would remove the possibility of a civil compromise in the case of a hit-and-run conviction, has also passed both houses of the legislature and is awaiting the governor’s signature.

Current law allows someone convicted of a hit-and-run to avoid criminal prosecution if they come to an agreement with the victim of the collision, and this bill removes that possibility.

Yet another bill, A.B. 2337 from Assemblymember Eric Linder (R-Corona), would extend the period of time that a driver’s license is suspended for a hit-and-run conviction from one to two years. This would apply to anyone caught and convicted of a hit-and-run that caused the death or serious injury of another person.

If stiffer penalties can make people think twice about leaving the scene of a crash, then these bills may well help reduce the incidence of hit-and-runs. As long as people believe they can escape the consequences, however, the heavier penalties may not act as a deterrent. But combined with a new system that will broadcast a car’s description and license plate for all to see, it will be more difficult to escape.

As Assemblymember Gatto said, “Together, these bills will empower the public to help us catch hit-and-run drivers before they can cover up the evidence of their crimes and ensure the perpetrators of these cowardly acts think twice before leaving fellow citizens dying on the side of the road.”

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Steinberg Kills Bill That Sought to Delay Cap-and-Trade on Fuels

Mobile billboard against the “hidden gas tax.” Photo via CA Drivers Alliance Twitter

The misinformation campaigns trumpeting an imminent “hidden gas tax” in California lost a battle with the defeat of Assemblymember Henry Perea’s bill, A.B. 69, which was designed to delay application of cap-and-trade to the fuels industry for three years

Fuel companies have already begun participating in the state’s cap-and-trade auctions, buying pollution credits that they can use to help them meet the greenhouse gas emission cap set by the state. Emission caps will not apply to the fuel industry until this coming January, but they have had years to prepare for it.

Senate President Pro Tem Darryl Steinberg sent a letter to Perea [PDF] explaining his decision not to let A.B. 69 go forward. The bill may not have had much of a chance of passing anyway, but this settles the question without the Senate or Assembly having to take it up in the final few days of the legislative session.

A.B. 69 was originally a bill about water quality, and had been considered and passed in the Assembly as such, when at the last minute Perea completely rewrote it, in what’s called a “gut and amend.” At that point, it was in the Senate, where it would have had to pass out of several committees and then pass with at least a two-thirds vote on the Senate floor before the Assembly could take it up.

Steinberg killed it in the Rules Committee. In his letter to Perea, he wrote that “bringing non-stationary fuels under the cap is not an unforeseen issue that demands legislation which sidesteps the democratic process.” And “a measure of this importance should not be considered in the final weeks of a two-year session.”

Read more…

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California Legislation Watch: Weekly Update

Here is Streetsblog’s weekly highlight of California legislation related to sustainable transportation.

Today was the last day to amend bills for this legislative session. Any bill that doesn’t get passed by midnight next Sunday, August 31, will be officially dead.

Among the flurry of votes, the following bills passed out of both the Assembly and the Senate and are now waiting for the governor to sign—or veto:

Vehicle registration surcharge for bike paths and trailsSB 1183 from Senator Mark DeSaulnier (D-Concord) would allow local jurisdictions–cities, park districts–to place initiatives on the ballot to fund bike paths and trails with a local vehicle registration surcharge. Because this fits Brown’s ideals about fiscal responsibility—that is, the surcharge cannot be imposed unless 2/3 of voters approve—let’s say this one is likely to be signed.

Bike racks on buses: AB 2707, from Assemblymember Ed Chau (D-Monterey Park), would allow newer, longer buses to carry bike racks that fit three bikes. Right now buses are generally restricted to two-bike racks, except in a few places that argued for an exception. This would make the rules consistent statewide.

Traffic violation fines in school zones: S.B. 1151, from Senator Anthony Canella (R-Ceres). Despite unanimous passage in both houses and all the committees it passed through, advocates are worried that Brown may decline to sign this bill because it uses fines to generate revenue. In this case the revenue would have been used for active transportation projects.

The bill originally called for fines to be doubled, to match fines in construction zones. However, the original language would have required new signage and legislators balked at burdening locals with those costs. Now, the bill merely adds a mandatory $35 increase to any other fines a scofflaw motorist would incur for unsafe driving in a school zone.

Meanwhile, the following bills passed the Senate and returned to the Assembly for approval of Senate amendments:

Read more…