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CC SR 20230919 F - AB 825 (Bryan) Bicycles on SidewalksCITY COUNCIL MEETING DATE: 09/19/2023 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to ratify a letter signed by the City Manager in opposition for Assembly Bill (AB) No. 825 (Bicycles on Sidewalks). RECOMMENDED COUNCIL ACTION: Ratify a letter signed by the City Manager in opposition to AB 825. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Shaunna Hunter, MPA, Administrative Analyst REVIEWED BY: Karina Bañales, Deputy City Manager APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A.City Manager signed letter in opposition to AB 825 (Bicycles on Sidewalks) (page A-1) B.Text of AB 825 (as amended September 8, 2023) (page B-1) C.Senate Floor Analysis of AB 825 (as amended September 8, 2023) (page C-1) BACKGROUND: AB 825 is a legislative proposal currently under review at the California State Senate which seeks to curtail the authority of local municipalities in regulating the operation of bicycles on sidewalks adjacent to highways and roadways. Specifically, the bill would permit bicycle operation on sidewalks unless the local authority enacts an ordinance that: •Prohibits sidewalk cycling within a business activity district and substantiates that such operation is unsafe due to pedestrian traffic conditions. •Prohibits sidewalk cycling on streets with a posted speed limit exceeding 20 miles per hour. •Prohibits sidewalk cycling conducted at speeds or in a manner that jeopardizes public safety. •Mandates that cyclists on sidewalks yield the right-of-way to pedestrians and other vehicles when transitioning onto a roadway or driveway from a sidewalk. 1 RANCHO PALOS VERDES • Prohibits the operation of electric bicycles (e-bikes) on sidewalks. Site conditions, such as topography and line of sight, especially in hillside communities such as Rancho Palos Verdes, should be considered when determining if and where bicycles should be allowed on sidewalks. Because AB 825 essentially removes a local agency’s ability to regulate bicycle use on its sidewalks, the City Council is being asked to consider taking an opposition position by ratifying a letter signed by the City Manager in advance of the close of this year’s legislative session on September 14, 2023. DISCUSSION: Enclosed with this staff report, you will find a position letter (Attachment A) which articulates the City of Rancho Palos Verdes' opposition to AB 825. This position is grounded in following salient arguments: 1. Preservation of Local Control: The City posits its opposition to AB 825 on the grounds that it infringes upon the principle of local control. The proposed legislation would restrict the prerogative of local authorities, including Rancho Palos Verdes, to enact regulations that optimally serve the distinctive needs and circumstances of their respective communities. 2. Safety Imperatives: The City acknowledges that sidewalk cycling can be fraught with safety concerns, particularly in hillside areas and areas with a substantial pedestrian presence. AB 825 appears to insufficiently consider the potential repercussions on pedestrian safety and the imperative of sustaining secure walking environments. 3. Business Activity Districts: The City contends that while AB 825 introduces provisions tailored to business activity districts, these provisions fail to adequately address the potential for conflicts between cyclists and pedestrians within these areas. 4. E-bike Regulations: Notably, the City is in favor of the provision in AB 825 which empowers local authorities to impose restrictions on the use of e-bikes on sidewalks. This stance recognizes the distinct safety considerations associated with these vehicles. AB 825 has passed the Assembly and is set for its third reading in the California State Senate by Friday, September 14, 2023, which includes all amendments made to the bill through September 8, 2023. Pursuant to City Council Policy No. 29, the Council typically takes positions on pending bills before letters are sent. However, because the legislative session is scheduled to end before the September 19, 2023 City Council meeting, the City Manager has signed and sent a letter expressing the City’s opposition to AB 825. The City Council is being asked to ratify this letter, thereby affirming the opposition position to AB 825. 2 CONCLUSION: Given the local impacts of AB 825 to Rancho Palos Verdes cyclists and residents, Staff recommends the City Council ratify the position letter signed by the City Manager to oppose AB 825 and retain the discretion to determine bicycle regulations on sidewalks based on their local conditions and safety considerations. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration: 1. Do not affirm the letter of opposition signed by the City Manager. 2. Take other action, as deemed appropriate. 3 30940 HAWTHORNE BLVD. / RANCHO PALOS VERDES, CA 90275-5391 / (310) 544-5207 / FAX (310) 544-5291 / WWW.RPVCA.GOV September 12, 2023 Via Email The Honorable Isaac Bryan California State Assembly 1021 O Street, Suite 5630 PO Box 942849 Sacramento, CA 94249-0055 SUBJECT: Notice of Opposition to Assembly Bill 825 Dear Assemblymember Bryan, On behalf of the City of Rancho Palos Verdes, I write to express that the City respectfully opposes Assembly Bill 825, a bill that seeks to prohibit local authorities from restricting the operation of bicycles on sidewalks adjacent to highways that do not include specific types of bikeways (Class I, II, or IV). While we appreciate the intent behind this bill to promote cycling safety, it is our belief that this bill infringes upon the essential principle of local control, as exemplified by the City of Rancho Palos Verdes and many other municipalities. AB 825 would significantly limit the ability of local authorities to make decisions that best suit their communities' unique needs and conditions. Rancho Palos Verdes, like many cities in California, consists of diverse neighborhoods and areas with varying levels of pedestrian traffic, road infrastructure, and bicycle usage. Local authorities are well- positioned to assess and adapt policies to ensure the safety and well -being of their residents. The bill proposes several restrictions on a local authority's ability to regulate bicycle use on sidewalks, but it fails to acknowledge the importance of local context. While the bill aims to eliminate restrictions on sidewalk cycling, studies, such as the one referenced in the bill's analysis, have shown that sidewalk cycling can be unsafe for both cyclists and pedestrians, especially in areas with high pedestrian traffic. A-1 ~o C, + CITYOF .:" i;~ .p" ... ~ RANCHO PALOS VERDES 'P;,3 .20'J.~ BARBARA FERRARO, MAYOR JO HN CRU ll<S HAN I<, MAYOR PRO T EM ER IC ALEGR IA, COUNC ILMEMBER DAVID L. BRADLEY, COUNC ILMEMBER PAU L SEO, COUNC IL MEMBER Assemblymember Isaac Bryan September 12, 2023 Page 2 30940 HAWTHORNE BLVD. / RANCHO PALOS VERDES, CA 90275-5391 / (310) 544-5207 / FAX (310) 544-5291 / WWW.RPVCA.GOV It is our position that this bill does not adequately consider the potential impact on pedestrian safety, especially in hillside communities. Pedestrians should be able to walk on sidewalks without the fear of collisions with bicycles traveling at higher speeds. The bill's provisions regarding business activity districts acknowledge this issue but still raise concerns about the potential for conflicts which will arise between cyclists and pedestrians. Local authorities should retain the discretion to determine the most suitable regulations for bicycle use on sidewalks based on their local conditions and the safety of their residents. This approach allows for flexibility and a tailored response to the specific needs of each community. Additionally, the provision in the bill allowing local authorities to restrict the use of electric bicycles (e-bikes) is a step in the right direction. E -bikes pose unique safety concerns, and local jurisdictions should have the ability to address these co ncerns through local ordinances. Finally, AB 825 undermines the principle of local control, which is crucial for ensuring that policies align with the distinct characteristics and safety considerations of individual communities. I urge you to reconsider this bill's provisions and to prioritize l ocal authority in determining bicycle regulations that best serve the interests of the residents of Rancho Palos Verdes and other California cities. Sincerely, Ara Mihranian, AICP City Manager cc: Ben Allen, Senator, 24th State Senate District Al Muratsuchi, Assemblymember, 66th Assembly District Jeff Kiernan, Cal Cities Sharon Gonsalves, RPPG Rancho Palos Verdes City Council Karina Bañales, Deputy City Manager A-2 AMENDED IN SENATE SEPTEMBER 8, 2023 AMENDED IN SENATE AUGUST 14, 2023 AMENDED IN SENATE JULY 13, 2023 california legislature—2023–24 regular session ASSEMBLY BILL No. 825 Introduced by Assembly Member Bryan February 13, 2023 An act to amend Section 21100 of the Vehicle Code, relating to bicycles. legislative counsel’s digest AB 825, as amended, Bryan. Vehicles: bicycles on sidewalks. Existing law generally regulates the operation of bicycles, including prohibiting a person from leaving a bicycle lying on its side on a sidewalk or parking a bicycle on a sidewalk in any other position, so that there is not an adequate path for pedestrian traffic. Existing law also authorizes a local authority to adopt rules and regulations by ordinance or resolution regarding the operation of bicycles on public sidewalks. A violation of the Vehicle Code is punishable as an infraction. This bill would, until January 1, 2031, and except as specified, prohibit a local authority from prohibiting the operation of a bicycle on a sidewalk adjacent to a highway or corridor that does not include a Class I, Class II, or Class IV bikeway, as defined, and would require the Commissioner of the California Highway Patrol to submit a report to the Legislature regarding the effects of that prohibition. This bill would incorporate additional changes to Section 21100 of the Vehicle Code proposed by SB 50 and AB 436 to be operative only 96 B-1 if this bill and SB 50, this bill and AB 436, or this bill, SB 50, and AB 436 are enacted and this bill is enacted last. Vote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: no.​ The people of the State of California do enact as follows: line 1 SECTION 1. Section 21100 of the Vehicle Code is amended line 2 to read: line 3 21100. Local authorities may adopt rules and regulations by line 4 ordinance or resolution regarding all of the following matters: line 5 (a)  Regulating or prohibiting processions or assemblages on the line 6 highways. line 7 (b)  Licensing and regulating the operation of vehicles for hire line 8 and drivers of passenger vehicles for hire. line 9 (c)  Regulating traffic by means of traffic officers. line 10 (d)  Regulating traffic by means of official traffic control devices line 11 meeting the requirements of Section 21400. line 12 (e)  (1)  Regulating traffic by means of a person given temporary line 13 or permanent appointment for that duty by the local authority when line 14 official traffic control devices are disabled or otherwise inoperable, line 15 at the scenes of accidents or disasters, or at locations as may require line 16 traffic direction for orderly traffic flow. line 17 (2)  A person shall not be appointed pursuant to this subdivision line 18 unless and until the local authority has submitted to the line 19 commissioner or to the chief law enforcement officer exercising line 20 jurisdiction in the enforcement of traffic laws within the area in line 21 which the person is to perform the duty, for review, a proposed line 22 program of instruction for the training of a person for that duty, line 23 and unless and until the commissioner or other chief law line 24 enforcement officer approves the proposed program. The line 25 commissioner or other chief law enforcement officer shall approve line 26 a proposed program if they reasonably determine that the program line 27 will provide sufficient training for persons assigned to perform line 28 the duty described in this subdivision. line 29 (f)  Regulating traffic at the site of road or street construction or line 30 maintenance by persons authorized for that duty by the local line 31 authority. line 32 (g)  (1)  Licensing and regulating the operation of tow truck line 33 service or tow truck drivers whose principal place of business or 96 — 2 — AB 825 B-2 line 1 employment is within the jurisdiction of the local authority, line 2 excepting the operation and operators of any auto dismantlers’ tow line 3 vehicle licensed under Section 11505 or any tow truck operated line 4 by a repossessing agency licensed under Chapter 11 (commencing line 5 with Section 7500) of Division 3 of the Business and Professions line 6 Code and its registered employees. line 7 (2)  The Legislature finds that the safety and welfare of the line 8 general public is promoted by permitting local authorities to line 9 regulate tow truck service companies and operators by requiring line 10 licensure, insurance, and proper training in the safe operation of line 11 towing equipment, thereby ensuring against towing mistakes that line 12 may lead to violent confrontation, stranding motorists in dangerous line 13 situations, impeding the expedited vehicle recovery, and wasting line 14 state and local law enforcement’s limited resources. line 15 (3)  This subdivision does not limit the authority of a city or city line 16 and county pursuant to Section 12111. line 17 (h)  (1)  Operation of bicycles, and, as specified in Section line 18 21114.5, electric carts by physically disabled persons, or persons line 19 50 years of age or older, on public sidewalks. line 20 (2)  (A)  Notwithstanding paragraph (1), until January 1, 2031, line 21 a local authority shall not prohibit the operation of a bicycle on a line 22 sidewalk adjacent to a highway or corridor that does not include line 23 a Class I, Class II, or Class IV bikeway, as defined in Section 890.4 line 24 of the Streets and Highways Code, except in any of the following line 25 circumstances: line 26 (i)  A local authority enacts an ordinance or resolution prohibiting line 27 the operation of a bicycle on a sidewalk within a business activity line 28 district that includes findings demonstrating the operation of a line 29 bicycle on a sidewalk within the business activity district is unsafe line 30 given pedestrian traffic conditions. line 31 (ii)  A local authority enacts an ordinance or resolution line 32 prohibiting the operation of a bicycle on a sidewalk adjacent to a line 33 street with a posted speed limit not exceeding 20 miles per hour. line 34 (iii)  A local authority enacts an ordinance or resolution line 35 prohibiting the operation of a bicycle on a sidewalk at a speed or line 36 in a manner that is not reasonable or endangers the safety of line 37 persons or property. line 38 (iv)  A local authority enacts an ordinance or resolution that line 39 requires a person riding a bicycle upon a sidewalk to yield the line 40 right-of-way to any pedestrian, and to yield the right-of-way to 96 AB 825 — 3 — B-3 line 1 any other vehicle upon entering a roadway or driveway from a line 2 sidewalk. line 3 (v)  A local authority enacts an ordinance that prohibits the line 4 operation of an electric bicycle, as defined in Section 312.5, on a line 5 sidewalk. line 6 (B)  (i)  The Commissioner of the California Highway Patrol line 7 shall submit a report to the Legislature, on or before January 1, line 8 2029, about the effects of bicycles operating under subparagraph line 9 (A). The report shall include, but not be limited to, information line 10 about statewide injury and fatal traffic crash data and any line 11 associated traffic- or pedestrian-related safety issues, including, line 12 but not limited to, a detailed analysis of bicycle collisions, line 13 including collisions with pedestrians, and all of the following line 14 issues: line 15 (I)  Changes in the frequency of collisions. line 16 (II)  Changes in the severity of collisions. line 17 (III)  Causes of, and contributing factors in, collisions. line 18 (IV)  Location of collisions, including an analysis of collision line 19 data. line 20 (V)  Time of day of collisions. line 21 (VI)  Ages of bicyclists involved, including a breakdown of line 22 minors versus adults. line 23 (VII)  Types of bicycles involved in collisions, specifically line 24 differences between traditional bicycles and electric bicycles. line 25 (ii)  The report required by this subparagraph shall be submitted line 26 in compliance with Section 9795 of the Government Code. line 27 (i)  Providing for the appointment of nonstudent school crossing line 28 guards for the protection of persons who are crossing a street or line 29 highway in the vicinity of a school or while returning thereafter line 30 to a place of safety. line 31 (j)  Regulating the methods of deposit of garbage and refuse in line 32 streets and highways for collection by the local authority or by line 33 any person authorized by the local authority. line 34 (k)  (1)  Regulating cruising. line 35 (2)  The ordinance or resolution adopted pursuant to this line 36 subdivision shall regulate cruising, which is the repetitive driving line 37 of a motor vehicle past a traffic control point in traffic that is line 38 congested at or near the traffic control point, as determined by the line 39 ranking peace officer on duty within the affected area, within a line 40 specified time period and after the vehicle operator has been given 96 — 4 — AB 825 B-4 line 1 an adequate written notice that further driving past the control line 2 point will be a violation of the ordinance or resolution. line 3 (3)  A person is not in violation of an ordinance or resolution line 4 adopted pursuant to this subdivision unless both of the following line 5 apply: line 6 (A)  That person has been given the written notice on a previous line 7 driving trip past the control point and then again passes the control line 8 point in that same time interval. line 9 (B)  The beginning and end of the portion of the street subject line 10 to cruising controls are clearly identified by signs that briefly and line 11 clearly state the appropriate provisions of this subdivision and the line 12 local ordinance or resolution on cruising. line 13 (l)  Regulating or authorizing the removal by peace officers of line 14 vehicles unlawfully parked in a fire lane, as described in Section line 15 22500.1, on private property. A removal pursuant to this line 16 subdivision shall be consistent, to the extent possible, with the line 17 procedures for removal and storage set forth in Chapter 10 line 18 (commencing with Section 22650). line 19 (m)  Regulating mobile billboard advertising displays, as defined line 20 in Section 395.5, including the establishment of penalties, which line 21 may include, but are not limited to, removal of the mobile billboard line 22 advertising display, civil penalties, and misdemeanor criminal line 23 penalties, for a violation of the ordinance or resolution. The line 24 ordinance or resolution may establish a minimum distance that a line 25 mobile billboard advertising display shall be moved after a line 26 specified time period. line 27 (n)  Licensing and regulating the operation of pedicabs for hire, line 28 as defined in Section 467.5, and operators of pedicabs for hire, line 29 including requiring one or more of the following documents: line 30 (1)  A valid California driver’s license. line 31 (2)  Proof of successful completion of a bicycle safety training line 32 course certified by the League of American Bicyclists or an line 33 equivalent organization as determined by the local authority. line 34 (3)  A valid California identification card and proof of successful line 35 completion of the written portion of the California driver’s license line 36 examination administered by the department. The department shall line 37 administer, without charging a fee, the original driver’s license line 38 written examination on traffic laws and signs to a person who line 39 states that they are, or intend to become, a pedicab operator, and line 40 who holds a valid California identification card or has successfully 96 AB 825 — 5 — B-5 line 1 completed an application for a California identification card. If line 2 the person achieves a passing score on the examination, the line 3 department shall issue a certificate of successful completion of the line 4 examination, bearing the person’s name and identification card line 5 number. The certificate shall not serve in lieu of successful line 6 completion of the required examination administered as part of line 7 any subsequent application for a driver’s license. The department line 8 is not required to enter the results of the examination into the line 9 computerized record of the person’s identification card or otherwise line 10 retain a record of the examination or results. line 11 (o)  (1)  This section does not authorize a local authority to enact line 12 or enforce an ordinance or resolution that establishes a violation line 13 if a violation for the same or similar conduct is provided in this line 14 code, nor does it authorize a local authority to enact or enforce an line 15 ordinance or resolution that assesses a fine, penalty, assessment, line 16 or fee for a violation if a fine, penalty, assessment, or fee for a line 17 violation involving the same or similar conduct is provided in this line 18 code. line 19 (2)  This section does not preclude a local authority from enacting line 20 parking ordinances pursuant to existing authority in Chapter 9 line 21 (commencing with Section 22500) of Division 11. line 22 (p)  (1)  Regulating advertising signs on motor vehicles parked line 23 or left standing upon a public street. The ordinance or resolution line 24 may establish a minimum distance that the advertising sign shall line 25 be moved after a specified time period. line 26 (2)  Paragraph (1) does not apply to any of the following: line 27 (A)  Advertising signs that are permanently affixed to the body line 28 of, an integral part of, or a fixture of a motor vehicle for permanent line 29 decoration, identification, or display and that do not extend beyond line 30 the overall length, width, or height of the vehicle. line 31 (B)  If the license plate frame is installed in compliance with line 32 Section 5201, paper advertisements issued by a dealer contained line 33 within that license plate frame or any advertisements on that license line 34 plate frame. line 35 (3)  As used in paragraph (2), “permanently affixed” means any line 36 of the following: line 37 (A)  Painted directly on the body of a motor vehicle. line 38 (B)  Applied as a decal on the body of a motor vehicle. line 39 (C)  Placed in a location on the body of a motor vehicle that was line 40 specifically designed by a vehicle manufacturer as defined in 96 — 6 — AB 825 B-6 line 1 Section 672 and licensed pursuant to Section 11701, in compliance line 2 with both state and federal law or guidelines, for the express line 3 purpose of containing an advertising sign. line 4 SEC. 1.1. Section 21100 of the Vehicle Code is amended to line 5 read: line 6 21100. Local authorities may adopt rules and regulations by line 7 ordinance or resolution regarding all of the following matters: line 8 (a)  Regulating or prohibiting processions or assemblages on the line 9 highways. line 10 (b)  Licensing and regulating the operation of vehicles for hire line 11 and drivers of passenger vehicles for hire. line 12 (c)  Regulating traffic by means of traffic officers. officers, or line 13 other government employees if they are enforcing a nonmoving line 14 or equipment violation provided in this code. line 15 (d)  Regulating traffic by means of official traffic control devices line 16 meeting the requirements of Section 21400. line 17 (e)  (1)  Regulating traffic by means of a person given temporary line 18 or permanent appointment for that duty by the local authority when line 19 official traffic control devices are disabled or otherwise inoperable, line 20 at the scenes of accidents or disasters, or at locations as may require line 21 traffic direction for orderly traffic flow. line 22 (2)  A person shall not be appointed pursuant to this subdivision line 23 unless and until the local authority has submitted to the line 24 commissioner or to the chief law enforcement officer exercising line 25 jurisdiction in the enforcement of traffic laws within the area in line 26 which the person is to perform the duty, for review, a proposed line 27 program of instruction for the training of a person for that duty, line 28 and unless and until the commissioner or other chief law line 29 enforcement officer approves the proposed program. The line 30 commissioner or other chief law enforcement officer shall approve line 31 a proposed program if he or she reasonably determines they line 32 reasonably determine that the program will provide sufficient line 33 training for persons assigned to perform the duty described in this line 34 subdivision. line 35 (f)  Regulating traffic at the site of road or street construction or line 36 maintenance by persons authorized for that duty by the local line 37 authority. line 38 (g)  (1)  Licensing and regulating the operation of tow truck line 39 service or tow truck drivers whose principal place of business or line 40 employment is within the jurisdiction of the local authority, 96 AB 825 — 7 — B-7 line 1 excepting the operation and operators of any auto dismantlers’ tow line 2 vehicle licensed under Section 11505 or any tow truck operated line 3 by a repossessing agency licensed under Chapter 11 (commencing line 4 with Section 7500) of Division 3 of the Business and Professions line 5 Code and its registered employees. line 6 (2)  The Legislature finds that the safety and welfare of the line 7 general public is promoted by permitting local authorities to line 8 regulate tow truck service companies and operators by requiring line 9 licensure, insurance, and proper training in the safe operation of line 10 towing equipment, thereby ensuring against towing mistakes that line 11 may lead to violent confrontation, stranding motorists in dangerous line 12 situations, impeding the expedited vehicle recovery, and wasting line 13 state and local law enforcement’s limited resources. line 14 (3)  This subdivision does not limit the authority of a city or city line 15 and county pursuant to Section 12111. line 16 (h)  (1)  Operation of bicycles, and, as specified in Section line 17 21114.5, electric carts by physically disabled persons, or persons line 18 50 years of age or older, on public sidewalks. line 19 (2)  (A)  Notwithstanding paragraph (1), until January 1, 2031, line 20 a local authority shall not prohibit the operation of a bicycle on line 21 a sidewalk adjacent to a highway or corridor that does not include line 22 a Class I, Class II, or Class IV bikeway, as defined in Section 890.4 line 23 of the Streets and Highways Code, except in any of the following line 24 circumstances: line 25 (i)  A local authority enacts an ordinance prohibiting the line 26 operation of a bicycle on a sidewalk within a business activity line 27 district that includes findings demonstrating the operation of a line 28 bicycle on a sidewalk within the business activity district is unsafe line 29 given pedestrian traffic conditions. line 30 (ii)  A local authority enacts an ordinance prohibiting the line 31 operation of a bicycle on a sidewalk adjacent to a street with a line 32 posted speed limit not exceeding 20 miles per hour. line 33 (iii)  A local authority enacts an ordinance prohibiting the line 34 operation of a bicycle on a sidewalk at a speed or in a manner line 35 that is not reasonable or endangers the safety of persons or line 36 property. line 37 (iv)  A local authority enacts an ordinance that requires a person line 38 riding a bicycle upon a sidewalk to yield the right-of-way to any line 39 pedestrian, and to yield the right-of-way to any other vehicle upon line 40 entering a roadway or driveway from a sidewalk. 96 — 8 — AB 825 B-8 line 1 (v)  A local authority enacts an ordinance that prohibits the line 2 operation of an electric bicycle, as defined in Section 312.5, on a line 3 sidewalk. line 4 (B)  (i)  The Commissioner of the California Highway Patrol line 5 shall submit a report to the Legislature, on or before January 1, line 6 2029, about the effects of bicycles operating under subparagraph line 7 (A). The report shall include, but not be limited to, information line 8 about statewide injury and fatal traffic crash data and any line 9 associated traffic- or pedestrian-related safety issues, including, line 10 but not limited to, a detailed analysis of bicycle collisions, line 11 including collisions with pedestrians, and all of the following line 12 issues: line 13 (I)  Changes in the frequency of collisions. line 14 (II)  Changes in the severity of collisions. line 15 (III)  Causes of, and contributing factors in, collisions. line 16 (IV)  Location of collisions, including an analysis of collision line 17 data. line 18 (V)  Time of day of collisions. line 19 (VI)  Ages of bicyclists involved, including a breakdown of line 20 minors versus adults. line 21 (VII)  Types of bicycles involved in collisions, specifically line 22 differences between traditional bicycles and electric bicycles. line 23 (ii)  The report required by this subparagraph shall be submitted line 24 in compliance with Section 9795 of the Government Code. line 25 (i)  Providing for the appointment of nonstudent school crossing line 26 guards for the protection of persons who are crossing a street or line 27 highway in the vicinity of a school or while returning thereafter line 28 to a place of safety. line 29 (j)  Regulating the methods of deposit of garbage and refuse in line 30 streets and highways for collection by the local authority or by line 31 any person authorized by the local authority. line 32 (k)  (1)  Regulating cruising. line 33 (2)  The ordinance or resolution adopted pursuant to this line 34 subdivision shall regulate cruising, which is the repetitive driving line 35 of a motor vehicle past a traffic control point in traffic that is line 36 congested at or near the traffic control point, as determined by the line 37 ranking peace officer on duty within the affected area, within a line 38 specified time period and after the vehicle operator has been given line 39 an adequate written notice that further driving past the control line 40 point will be a violation of the ordinance or resolution. 96 AB 825 — 9 — B-9 line 1 (3)  A person is not in violation of an ordinance or resolution line 2 adopted pursuant to this subdivision unless both of the following line 3 apply: line 4 (A)  That person has been given the written notice on a previous line 5 driving trip past the control point and then again passes the control line 6 point in that same time interval. line 7 (B)  The beginning and end of the portion of the street subject line 8 to cruising controls are clearly identified by signs that briefly and line 9 clearly state the appropriate provisions of this subdivision and the line 10 local ordinance or resolution on cruising. line 11 (l)  Regulating or authorizing the removal by peace officers of line 12 vehicles unlawfully parked in a fire lane, as described in Section line 13 22500.1, on private property. A removal pursuant to this line 14 subdivision shall be consistent, to the extent possible, with the line 15 procedures for removal and storage set forth in Chapter 10 line 16 (commencing with Section 22650). line 17 (m)  Regulating mobile billboard advertising displays, as defined line 18 in Section 395.5, including the establishment of penalties, which line 19 may include, but are not limited to, removal of the mobile billboard line 20 advertising display, civil penalties, and misdemeanor criminal line 21 penalties, for a violation of the ordinance or resolution. The line 22 ordinance or resolution may establish a minimum distance that a line 23 mobile billboard advertising display shall be moved after a line 24 specified time period. line 25 (n)  Licensing and regulating the operation of pedicabs for hire, line 26 as defined in Section 467.5, and operators of pedicabs for hire, line 27 including requiring one or more of the following documents: line 28 (1)  A valid California driver’s license. line 29 (2)  Proof of successful completion of a bicycle safety training line 30 course certified by the League of American Bicyclists or an line 31 equivalent organization as determined by the local authority. line 32 (3)  A valid California identification card and proof of successful line 33 completion of the written portion of the California driver’s license line 34 examination administered by the department. The department shall line 35 administer, without charging a fee, the original driver’s license line 36 written examination on traffic laws and signs to a person who line 37 states that he or she is, or intends they are, or that they intend to line 38 become, a pedicab operator, and who holds a valid California line 39 identification card or has successfully completed an application line 40 for a California identification card. If the person achieves a passing 96 — 10 — AB 825 B-10 line 1 score on the examination, the department shall issue a certificate line 2 of successful completion of the examination, bearing the person’s line 3 name and identification card number. The certificate shall not serve line 4 in lieu of successful completion of the required examination line 5 administered as part of any subsequent application for a driver’s line 6 license. The department is not required to enter the results of the line 7 examination into the computerized record of the person’s line 8 identification card or otherwise retain a record of the examination line 9 or results. line 10 (o)  (1)  This section does not authorize a local authority to enact line 11 or enforce an ordinance or resolution that establishes a violation line 12 if a violation for the same or similar conduct is provided in this line 13 code, nor does it authorize a local authority to enact or enforce an line 14 ordinance or resolution that assesses a fine, penalty, assessment, line 15 or fee for a violation if a fine, penalty, assessment, or fee for a line 16 violation involving the same or similar conduct is provided in this line 17 code. line 18 (2)  This section does not preclude a local authority from enacting line 19 parking ordinances pursuant to existing authority in Chapter 9 line 20 (commencing with Section 22500) of Division 11. line 21 (3)  This section does not preclude a county, city, municipality, line 22 or any other local authority from enforcing a nonmoving or line 23 equipment violation provided in this code through government line 24 employees who are not peace officers. line 25 (p)  (1)  Regulating advertising signs on motor vehicles parked line 26 or left standing upon a public street. The ordinance or resolution line 27 may establish a minimum distance that the advertising sign shall line 28 be moved after a specified time period. line 29 (2)  Paragraph (1) does not apply to any of the following: line 30 (A)  Advertising signs that are permanently affixed to the body line 31 of, an integral part of, or a fixture of a motor vehicle for permanent line 32 decoration, identification, or display and that do not extend beyond line 33 the overall length, width, or height of the vehicle. line 34 (B)  If the license plate frame is installed in compliance with line 35 Section 5201, paper advertisements issued by a dealer contained line 36 within that license plate frame or any advertisements on that license line 37 plate frame. line 38 (3)  As used in paragraph (2), “permanently affixed” means any line 39 of the following: line 40 (A)  Painted directly on the body of a motor vehicle. 96 AB 825 — 11 — B-11 line 1 (B)  Applied as a decal on the body of a motor vehicle. line 2 (C)  Placed in a location on the body of a motor vehicle that was line 3 specifically designed by a vehicle manufacturer as defined in line 4 Section 672 and licensed pursuant to Section 11701, in compliance line 5 with both state and federal law or guidelines, for the express line 6 purpose of containing an advertising sign. line 7 SEC. 1.2. Section 21100 of the Vehicle Code is amended to line 8 read: line 9 21100. Local authorities may adopt rules and regulations by line 10 ordinance or resolution regarding all of the following matters: line 11 (a)  Regulating or prohibiting processions a procession or line 12 assemblages assemblage on the highways. line 13 (b)  Licensing and regulating the operation of vehicles for hire line 14 and drivers of passenger vehicles for hire. line 15 (c)  Regulating traffic by means of traffic officers. line 16 (d)  Regulating traffic by means of official traffic control devices line 17 meeting the requirements of Section 21400. line 18 (e)  (1)  Regulating traffic by means of a person given temporary line 19 or permanent appointment for that duty by the local authority when line 20 official traffic control devices are disabled or otherwise inoperable, line 21 at the scenes scene of accidents an accident or disasters, disaster, line 22 or at locations as a location that may require traffic direction for line 23 orderly traffic flow. line 24 (2)  A person shall not be appointed pursuant to this subdivision line 25 unless and until the local authority has submitted to the line 26 commissioner or to the chief law enforcement officer exercising line 27 jurisdiction in the enforcement of traffic laws within the area in line 28 which the person is to perform the duty, for review, a proposed line 29 program of instruction for the training of a person for that duty, line 30 duty and unless and until the commissioner or other chief law line 31 enforcement officer approves the proposed program. The line 32 commissioner or other chief law enforcement officer shall approve line 33 a proposed program if he or she reasonably determines they line 34 reasonably determine that the program will provide sufficient line 35 training for persons assigned to perform the duty described in this line 36 subdivision. line 37 (f)  Regulating traffic at the site of road or street construction or line 38 maintenance by persons a person authorized for that duty by the line 39 local authority. 96 — 12 — AB 825 B-12 line 1 (g)  (1)  Licensing and regulating the operation of tow truck line 2 service or tow truck drivers whose principal place of business or line 3 employment is within the jurisdiction of the local authority, line 4 excepting the operation and operators of any auto dismantlers’ tow line 5 vehicle licensed under Section 11505 or any tow truck operated line 6 by a repossessing agency licensed under Chapter 11 (commencing line 7 with Section 7500) of Division 3 of the Business and Professions line 8 Code and its registered employees. line 9 (2)  The Legislature finds that the safety and welfare of the line 10 general public is promoted by permitting local authorities to line 11 regulate tow truck service companies and operators by requiring line 12 licensure, insurance, and proper training in the safe operation of line 13 towing equipment, thereby ensuring against towing mistakes that line 14 may lead to violent confrontation, stranding motorists in dangerous line 15 situations, impeding the expedited vehicle recovery, and wasting line 16 state and local law enforcement’s limited resources. line 17 (3)  This subdivision does not limit the authority of a city or city line 18 and county pursuant to Section 12111. line 19 (h)  (1)  Operation of bicycles, bicycles and, as specified in line 20 Section 21114.5, electric carts by physically disabled persons, or line 21 persons 50 years of age or older, on public sidewalks. line 22 (2)  (A)  Notwithstanding paragraph (1), until January 1, 2031, line 23 a local authority shall not prohibit the operation of a bicycle on line 24 a sidewalk adjacent to a highway or corridor that does not include line 25 a Class I, Class II, or Class IV bikeway, as defined in Section 890.4 line 26 of the Streets and Highways Code, except in any of the following line 27 circumstances: line 28 (i)  A local authority enacts an ordinance prohibiting the line 29 operation of a bicycle on a sidewalk within a business activity line 30 district that includes findings demonstrating the operation of a line 31 bicycle on a sidewalk within the business activity district is unsafe line 32 given pedestrian traffic conditions. line 33 (ii)  A local authority enacts an ordinance prohibiting the line 34 operation of a bicycle on a sidewalk adjacent to a street with a line 35 posted speed limit not exceeding 20 miles per hour. line 36 (iii)  A local authority enacts an ordinance prohibiting the line 37 operation of a bicycle on a sidewalk at a speed or in a manner line 38 that is not reasonable or endangers the safety of persons or line 39 property. 96 AB 825 — 13 — B-13 line 1 (iv)  A local authority enacts an ordinance that requires a person line 2 riding a bicycle upon a sidewalk to yield the right-of-way to any line 3 pedestrian, and to yield the right-of-way to any other vehicle upon line 4 entering a roadway or driveway from a sidewalk. line 5 (v)  A local authority enacts an ordinance that prohibits the line 6 operation of an electric bicycle, as defined in Section 312.5, on a line 7 sidewalk. line 8 (B)  (i) The Commissioner of the California Highway Patrol line 9 shall submit a report to the Legislature, on or before January 1, line 10 2029, about the effects of bicycles operating under subparagraph line 11 (A). The report shall include, but not be limited to, information line 12 about statewide injury and fatal traffic crash data and any line 13 associated traffic- or pedestrian-related safety issues, including, line 14 but not limited to, a detailed analysis of bicycle collisions, line 15 including collisions with pedestrians, and all of the following line 16 issues: line 17 (I)  Changes in the frequency of collisions. line 18 (II)  Changes in the severity of collisions. line 19 (III)  Causes of, and contributing factors in, collisions. line 20 (IV)  Location of collisions, including an analysis of collision line 21 data. line 22 (V)  Time of day of collisions. line 23 (VI)  Ages of bicyclists involved, including a breakdown of line 24 minors versus adults. line 25 (VII)  Types of bicycles involved in collisions, specifically line 26 differences between traditional bicycles and electric bicycles. line 27 (ii)  The report required by this subparagraph shall be submitted line 28 in compliance with Section 9795 of the Government Code. line 29 (i)  Providing for the appointment of nonstudent school crossing line 30 guards for the protection of persons who are crossing a street or line 31 highway in the vicinity of a school or while returning thereafter line 32 to a place of safety. line 33 (j)  Regulating the methods of deposit of garbage and refuse in line 34 streets and highways for collection by the local authority or by line 35 any person authorized by the local authority. line 36 (k)  (1)  Regulating cruising. line 37 (2)  The ordinance or resolution adopted pursuant to this line 38 subdivision shall regulate cruising, which is the repetitive driving line 39 of a motor vehicle past a traffic control point in traffic that is line 40 congested at or near the traffic control point, as determined by the 96 — 14 — AB 825 B-14 line 1 ranking peace officer on duty within the affected area, within a line 2 specified time period and after the vehicle operator has been given line 3 an adequate written notice that further driving past the control line 4 point will be a violation of the ordinance or resolution. line 5 (3)  A person is not in violation of an ordinance or resolution line 6 adopted pursuant to this subdivision unless both of the following line 7 apply: line 8 (A)  That person has been given the written notice on a previous line 9 driving trip past the control point and then again passes the control line 10 point in that same time interval. line 11 (B)  The beginning and end of the portion of the street subject line 12 to cruising controls are clearly identified by signs that briefly and line 13 clearly state the appropriate provisions of this subdivision and the line 14 local ordinance or resolution on cruising. line 15 (l)   line 16 (k)  Regulating or authorizing the removal by peace officers of line 17 vehicles unlawfully parked in a fire lane, as described in Section line 18 22500.1, on private property. A removal pursuant to this line 19 subdivision shall be consistent, to the extent possible, with the line 20 procedures for removal and storage set forth in Chapter 10 line 21 (commencing with Section 22650). line 22 (m) line 23 (l)  Regulating mobile billboard advertising displays, as defined line 24 in Section 395.5, including the establishment of penalties, which line 25 may include, but are not limited to, removal of the mobile billboard line 26 advertising display, civil penalties, and misdemeanor criminal line 27 penalties, penalties for a violation of the ordinance or resolution. line 28 The ordinance or resolution may establish a minimum distance line 29 that a mobile billboard advertising display shall be moved after a line 30 specified time period. line 31 (n) line 32 (m)  Licensing and regulating the operation of pedicabs for hire, line 33 as defined in Section 467.5, and operators of pedicabs for hire, line 34 including requiring one or more of the following documents: line 35 (1)  A valid California driver’s license. line 36 (2)  Proof of successful completion of a bicycle safety training line 37 course certified by the League of American Bicyclists or an line 38 equivalent organization as determined by the local authority. line 39 (3)  A valid California identification card and proof of successful line 40 completion of the written portion of the California driver’s license 96 AB 825 — 15 — B-15 line 1 examination administered by the department. The department shall line 2 administer, without charging a fee, the original driver’s license line 3 written examination on traffic laws and signs to a person who line 4 states that he or she is, or intends they are, or intend to become, a line 5 pedicab operator, operator and who holds a valid California line 6 identification card or has successfully completed an application line 7 for a California identification card. If the person achieves a passing line 8 score on the examination, the department shall issue a certificate line 9 of successful completion of the examination, examination bearing line 10 the person’s name and identification card number. The certificate line 11 shall not serve in lieu of successful completion of the required line 12 examination administered as part of any subsequent application line 13 for a driver’s license. The department is not required to enter the line 14 results of the examination into the computerized record of the line 15 person’s identification card or otherwise retain a record of the line 16 examination or results. line 17 (o) line 18 (n)  (1)  This section does not authorize a local authority to enact line 19 or enforce an ordinance or resolution that establishes a violation line 20 if a violation for the same or similar conduct is provided in this line 21 code, nor does it authorize a local authority to enact or enforce an line 22 ordinance or resolution that assesses a fine, penalty, assessment, line 23 or fee for a violation if a fine, penalty, assessment, or fee for a line 24 violation involving the same or similar conduct is provided in this line 25 code. line 26 (2)  This section does not preclude a local authority from enacting line 27 parking ordinances pursuant to existing authority in Chapter 9 line 28 (commencing with Section 22500) of Division 11. line 29 (p) line 30 (o)  (1)  Regulating advertising signs on motor vehicles parked line 31 or left standing upon a public street. The ordinance or resolution line 32 may establish a minimum distance that the advertising sign shall line 33 be moved after a specified time period. line 34 (2)  Paragraph (1) does not apply to any of the following: line 35 (A)  Advertising signs that are permanently affixed to the body line 36 of, an integral part of, or a fixture of a motor vehicle for permanent line 37 decoration, identification, or display and that do not extend beyond line 38 the overall length, width, or height of the vehicle. line 39 (B)  If the license plate frame is installed in compliance with line 40 Section 5201, paper advertisements issued by a dealer contained 96 — 16 — AB 825 B-16 line 1 within that license plate frame or any advertisements on that license line 2 plate frame. line 3 (3)  As used in paragraph (2), “permanently affixed” means any line 4 of the following: line 5 (A)  Painted directly on the body of a motor vehicle. line 6 (B)  Applied as a decal on the body of a motor vehicle. line 7 (C)  Placed in a location on the body of a motor vehicle that was line 8 specifically designed by a vehicle manufacturer manufacturer, as line 9 defined in Section 672 672, and licensed pursuant to Section 11701, line 10 in compliance with both state and federal law or guidelines, for line 11 the express purpose of containing an advertising sign. line 12 SEC. 1.3. Section 21100 of the Vehicle Code is amended to line 13 read: line 14 21100. Local authorities may adopt rules and regulations by line 15 ordinance or resolution regarding all of the following matters: line 16 (a)  Regulating or prohibiting processions a procession or line 17 assemblages assemblage on the highways. line 18 (b)  Licensing and regulating the operation of vehicles for hire line 19 and drivers of passenger vehicles for hire. line 20 (c)  Regulating traffic by means of traffic officers. officers, or line 21 other government employees if they are enforcing a nonmoving line 22 or equipment violation provided in this code. line 23 (d)  Regulating traffic by means of official traffic control devices line 24 meeting the requirements of Section 21400. line 25 (e)  (1)  Regulating traffic by means of a person given temporary line 26 or permanent appointment for that duty by the local authority when line 27 official traffic control devices are disabled or otherwise inoperable, line 28 at the scenes scene of accidents an accident or disasters, disaster, line 29 or at locations as a location that may require traffic direction for line 30 orderly traffic flow. line 31 (2)  A person shall not be appointed pursuant to this subdivision line 32 unless and until the local authority has submitted to the line 33 commissioner or to the chief law enforcement officer exercising line 34 jurisdiction in the enforcement of traffic laws within the area in line 35 which the person is to perform the duty, for review, a proposed line 36 program of instruction for the training of a person for that duty, line 37 duty and unless and until the commissioner or other chief law line 38 enforcement officer approves the proposed program. The line 39 commissioner or other chief law enforcement officer shall approve line 40 a proposed program if he or she reasonably determines they 96 AB 825 — 17 — B-17 line 1 reasonably determine that the program will provide sufficient line 2 training for persons assigned to perform the duty described in this line 3 subdivision. line 4 (f)  Regulating traffic at the site of road or street construction or line 5 maintenance by persons a person authorized for that duty by the line 6 local authority. line 7 (g)  (1)  Licensing and regulating the operation of tow truck line 8 service or tow truck drivers whose principal place of business or line 9 employment is within the jurisdiction of the local authority, line 10 excepting the operation and operators of any auto dismantlers’ tow line 11 vehicle licensed under Section 11505 or any tow truck operated line 12 by a repossessing agency licensed under Chapter 11 (commencing line 13 with Section 7500) of Division 3 of the Business and Professions line 14 Code and its registered employees. line 15 (2)  The Legislature finds that the safety and welfare of the line 16 general public is promoted by permitting local authorities to line 17 regulate tow truck service companies and operators by requiring line 18 licensure, insurance, and proper training in the safe operation of line 19 towing equipment, thereby ensuring against towing mistakes that line 20 may lead to violent confrontation, stranding motorists in dangerous line 21 situations, impeding the expedited vehicle recovery, and wasting line 22 state and local law enforcement’s limited resources. line 23 (3)  This subdivision does not limit the authority of a city or city line 24 and county pursuant to Section 12111. line 25 (h)  (1)  Operation of bicycles, bicycles and, as specified in line 26 Section 21114.5, electric carts by physically disabled persons, or line 27 persons 50 years of age or older, on public sidewalks. line 28 (2)  (A)  Notwithstanding paragraph (1), until January 1, 2031, line 29 a local authority shall not prohibit the operation of a bicycle on line 30 a sidewalk adjacent to a highway or corridor that does not include line 31 a Class I, Class II, or Class IV bikeway, as defined in Section 890.4 line 32 of the Streets and Highways Code, except in any of the following line 33 circumstances: line 34 (i)  A local authority enacts an ordinance prohibiting the line 35 operation of a bicycle on a sidewalk within a business activity line 36 district that includes findings demonstrating the operation of a line 37 bicycle on a sidewalk within the business activity district is unsafe line 38 given pedestrian traffic conditions. 96 — 18 — AB 825 B-18 line 1 (ii)  A local authority enacts an ordinance prohibiting the line 2 operation of a bicycle on a sidewalk adjacent to a street with a line 3 posted speed limit not exceeding 20 miles per hour. line 4 (iii)  A local authority enacts an ordinance prohibiting the line 5 operation of a bicycle on a sidewalk at a speed or in a manner line 6 that is not reasonable or endangers the safety of persons or line 7 property. line 8 (iv)  A local authority enacts an ordinance that requires a person line 9 riding a bicycle upon a sidewalk to yield the right-of-way to any line 10 pedestrian, and to yield the right-of-way to any other vehicle upon line 11 entering a roadway or driveway from a sidewalk. line 12 (v)  A local authority enacts an ordinance that prohibits the line 13 operation of an electric bicycle, as defined in Section 312.5, on a line 14 sidewalk. line 15 (B)  (i)  The Commissioner of the California Highway Patrol line 16 shall submit a report to the Legislature, on or before January 1, line 17 2029, about the effects of bicycles operating under subparagraph line 18 (A). The report shall include, but not be limited to, information line 19 about statewide injury and fatal traffic crash data and any line 20 associated traffic- or pedestrian-related safety issues, including, line 21 but not limited to, a detailed analysis of bicycle collisions, line 22 including collisions with pedestrians, and all of the following line 23 issues: line 24 (I)  Changes in the frequency of collisions. line 25 (II)  Changes in the severity of collisions. line 26 (III)  Causes of, and contributing factors in, collisions. line 27 (IV)  Location of collisions, including an analysis of collision line 28 data. line 29 (V)  Time of day of collisions. line 30 (VI)  Ages of bicyclists involved, including a breakdown of line 31 minors versus adults. line 32 (VII)  Types of bicycles involved in collisions, specifically line 33 differences between traditional bicycles and electric bicycles. line 34 (ii)  The report required by this subparagraph shall be submitted line 35 in compliance with Section 9795 of the Government Code. line 36 (i)  Providing for the appointment of nonstudent school crossing line 37 guards for the protection of persons who are crossing a street or line 38 highway in the vicinity of a school or while returning thereafter line 39 to a place of safety. 96 AB 825 — 19 — B-19 line 1 (j)  Regulating the methods of deposit of garbage and refuse in line 2 streets and highways for collection by the local authority or by line 3 any person authorized by the local authority. line 4 (k)  (1)  Regulating cruising. line 5 (2)  The ordinance or resolution adopted pursuant to this line 6 subdivision shall regulate cruising, which is the repetitive driving line 7 of a motor vehicle past a traffic control point in traffic that is line 8 congested at or near the traffic control point, as determined by the line 9 ranking peace officer on duty within the affected area, within a line 10 specified time period and after the vehicle operator has been given line 11 an adequate written notice that further driving past the control line 12 point will be a violation of the ordinance or resolution. line 13 (3)  A person is not in violation of an ordinance or resolution line 14 adopted pursuant to this subdivision unless both of the following line 15 apply: line 16 (A)  That person has been given the written notice on a previous line 17 driving trip past the control point and then again passes the control line 18 point in that same time interval. line 19 (B)  The beginning and end of the portion of the street subject line 20 to cruising controls are clearly identified by signs that briefly and line 21 clearly state the appropriate provisions of this subdivision and the line 22 local ordinance or resolution on cruising. line 23 (l)   line 24 (k)  Regulating or authorizing the removal by peace officers of line 25 vehicles unlawfully parked in a fire lane, as described in Section line 26 22500.1, on private property. A removal pursuant to this line 27 subdivision shall be consistent, to the extent possible, with the line 28 procedures for removal and storage set forth in Chapter 10 line 29 (commencing with Section 22650). line 30 (m) line 31 (l)  Regulating mobile billboard advertising displays, as defined line 32 in Section 395.5, including the establishment of penalties, which line 33 may include, but are not limited to, removal of the mobile billboard line 34 advertising display, civil penalties, and misdemeanor criminal line 35 penalties, penalties for a violation of the ordinance or resolution. line 36 The ordinance or resolution may establish a minimum distance line 37 that a mobile billboard advertising display shall be moved after a line 38 specified time period. line 39 (n) 96 — 20 — AB 825 B-20 line 1 (m)  Licensing and regulating the operation of pedicabs for hire, line 2 as defined in Section 467.5, and operators of pedicabs for hire, line 3 including requiring one or more of the following documents: line 4 (1)  A valid California driver’s license. line 5 (2)  Proof of successful completion of a bicycle safety training line 6 course certified by the League of American Bicyclists or an line 7 equivalent organization as determined by the local authority. line 8 (3)  A valid California identification card and proof of successful line 9 completion of the written portion of the California driver’s license line 10 examination administered by the department. The department shall line 11 administer, without charging a fee, the original driver’s license line 12 written examination on traffic laws and signs to a person who line 13 states that he or she is, or intends they are or that they intend to line 14 become, a pedicab operator, operator and who holds a valid line 15 California identification card or has successfully completed an line 16 application for a California identification card. If the person line 17 achieves a passing score on the examination, the department shall line 18 issue a certificate of successful completion of the examination, line 19 examination bearing the person’s name and identification card line 20 number. The certificate shall not serve in lieu of successful line 21 completion of the required examination administered as part of line 22 any subsequent application for a driver’s license. The department line 23 is not required to enter the results of the examination into the line 24 computerized record of the person’s identification card or otherwise line 25 retain a record of the examination or results. line 26 (o) line 27 (n)  (1)  This section does not authorize a local authority to enact line 28 or enforce an ordinance or resolution that establishes a violation line 29 if a violation for the same or similar conduct is provided in this line 30 code, nor does it authorize a local authority to enact or enforce an line 31 ordinance or resolution that assesses a fine, penalty, assessment, line 32 or fee for a violation if a fine, penalty, assessment, or fee for a line 33 violation involving the same or similar conduct is provided in this line 34 code. line 35 (2)  This section does not preclude a local authority from enacting line 36 parking ordinances pursuant to existing authority in Chapter 9 line 37 (commencing with Section 22500) of Division 11. line 38 (3)  This section does not preclude a county, city, municipality, line 39 or any other local authority from enforcing a nonmoving or 96 AB 825 — 21 — B-21 line 1 equipment violation provided in this code through government line 2 employees who are not peace officers. line 3 (p) line 4 (o)  (1)  Regulating advertising signs on motor vehicles parked line 5 or left standing upon a public street. The ordinance or resolution line 6 may establish a minimum distance that the advertising sign shall line 7 be moved after a specified time period. line 8 (2)  Paragraph (1) does not apply to any of the following: line 9 (A)  Advertising signs that are permanently affixed to the body line 10 of, an integral part of, or a fixture of a motor vehicle for permanent line 11 decoration, identification, or display and that do not extend beyond line 12 the overall length, width, or height of the vehicle. line 13 (B)  If the license plate frame is installed in compliance with line 14 Section 5201, paper advertisements issued by a dealer contained line 15 within that license plate frame or any advertisements on that license line 16 plate frame. line 17 (3)  As used in paragraph (2), “permanently affixed” means any line 18 of the following: line 19 (A)  Painted directly on the body of a motor vehicle. line 20 (B)  Applied as a decal on the body of a motor vehicle. line 21 (C)  Placed in a location on the body of a motor vehicle that was line 22 specifically designed by a vehicle manufacturer manufacturer, as line 23 defined in Section 672 672, and licensed pursuant to Section 11701, line 24 in compliance with both state and federal law or guidelines, for line 25 the express purpose of containing an advertising sign. line 26 SEC. 2. (a)  Section 1.1 of this bill incorporates amendments line 27 to Section 21100 of the Vehicle Code proposed by both this bill line 28 and Senate Bill 50. That section of this bill shall only become line 29 operative if (1) both bills are enacted and become effective on or line 30 before January 1, 2024, (2) each bill amends Section 21100 of the line 31 Vehicle Code, (3) Assembly Bill 436 is not enacted or as enacted line 32 does not amend that section, and (4) this bill is enacted after Senate line 33 Bill 50, in which case Sections 1, 1.2, and 1.3 of this bill shall not line 34 become operative. line 35 (b)  Section 1.2 of this bill incorporates amendments to Section line 36 21100 of the Vehicle Code proposed by both this bill and Assembly line 37 Bill 436. That section of this bill shall only become operative if line 38 (1) both bills are enacted and become effective on or before line 39 January 1, 2024, (2) each bill amends Section 21100 of the Vehicle line 40 Code, (3) Senate Bill 50 is not enacted or as enacted does not 96 — 22 — AB 825 B-22 line 1 amend that section, and (4) this bill is enacted after Assembly Bill line 2 436, in which case Sections 1, 1.1, and 1.3 of this bill shall not line 3 become operative. line 4 (c)  Section 1.3 of this bill incorporates amendments to Section line 5 21100 of the Vehicle Code proposed by this bill, Senate Bill 50, line 6 and Assembly Bill 436. That section of this bill shall only become line 7 operative if (1) all three bills are enacted and become effective on line 8 or before January 1, 2024, (2) all three bills amend Section 21100 line 9 of the Vehicle Code, and (3) this bill is enacted after Senate Bill line 10 50 and Assembly Bill 436, in which case Sections 1, 1.1, and 1.2 line 11 of this bill shall not become operative. O 96 AB 825 — 23 — B-23 SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 AB 825 THIRD READING Bill No: AB 825 Author: Bryan (D) Amended: 9/8/23 in Senate Vote: 21 SENATE TRANSPORTATION COMMITTEE: 12-4, 7/11/23 AYES: Gonzalez, Allen, Archuleta, Becker, Blakespear, Cortese, Durazo, Laird, Limón, McGuire, Newman, Umberg NOES: Niello, Dahle, Nguyen, Seyarto SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 ASSEMBLY FLOOR: 61-14, 5/25/23 - See last page for vote SUBJECT: Vehicles: bicycles on sidewalks SOURCE: Active San Gabriel Valley California Bicycle Coalition Happy City Coalition San Diego County Bicycle Coalition San Francisco Bicycle Coalition San Diego County Bicycle Coalition San Francisco Bicycle Coalition Streets are For Everyone Streets For All DIGEST: This bill prohibits a local authority from prohibiting the operation of a bicycle on a sidewalk adjacent to a highway corridor that does not include a Class I, II, or IV bikeway. Senate Floor Amendment of 9/8/23 give local authorities the ability to restrict the use of electronic bicycles (e-bikes) from this bill and to resolve chaptering conflicts. C-1 AB 825 Page 2 ANALYSIS: Existing law: 1) Permits local authorities, by ordinance, to prohibit the use of a bicycle on sidewalks. (Vehicle Code Section (VEH) §21100) 2) Defines a “bicycle” to include electric bicycles. (VEH §231) 3) Defines “electric bicycle” to mean a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts. (VEH §312.5) 4) Defines “bikeway” to mean all facilities that provide primarily for, and promote, bicycle travel. Categorizes bikeways as follows: a) Bike paths or shared use paths, also referred to as “Class I bikeways,” which provide a completely separated right-of-way designated for the exclusive use of bicycles and pedestrians with crossflows by motorists minimized; b) Bike lanes, also referred to as “Class II bikeways,” which provide a restricted right-of-way designated for the exclusive or 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; c) Bike routes, also referred to as “Class III bikeways,” which provide a right-of-way on-street or off-street, designated by signs or permanent markings and shared with pedestrians and motorists; and d) Cycle tracks or separated bikeways, also referred to as “Class IV bikeways,” which 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. Types of separation include, but are not limited to, grade separation, flexible posts, inflexible physical barriers, or on-street parking. (Streets and Highway Code Section §890.4) 5) Defines a “business activity district” as the portion of a highway and contiguous property that prioritizes commercial land uses at the downtown or neighborhood scale and meets at least three of the following requirements: C-2 AB 825 Page 3 a) No less than 50 percent of the contiguous property fronting the highway consists of retail or dining commercial uses, including outdoor dining, that open directly onto sidewalks adjacent to the highway; b) Parking, including parallel, diagonal, or perpendicular spaces located alongside the highway; c) Traffic control signals or stop signs regulating traffic flow on the highway, located at intervals of no more than 600 feet; or d) Marked crosswalks not controlled by a traffic control device. This bill: 1) Prohibits a local authority from prohibiting the operation of a bicycle on a sidewalk adjacent to a highway or corridor that does not include a Class I, Class II, or Class IV bikeway, except if the local authority enacts an ordinance that: a) Prohibits the operation of a bicycle on a sidewalk within a business activity district and includes findings demonstrating the operation of a bicycle on a sidewalk within the business activity district is unsafe given pedestrian traffic conditions; b) Prohibits the operation of a bicycle on a sidewalk adjacent to a street with a posted speed limit not exceeding 20 miles per hour; c) Prohibits the operation of a bicycle on a sidewalk at a speed or in a manner that is not reasonable or endangers the safety of persons or property; d) Requires a person riding a bicycle upon a sidewalk to yield the right -of-way to any pedestrian, and to yield the right -of-way to any other vehicle upon entering a roadway or driveway from a sidewalk; or, e) Prohibits the operation of an electric bicycle on sidewalks. 2) Requires the Commissioner of the California Highway Patrol to submit a report to the Legislature about the effects of this bill by January 1, 2029. The report shall include information about statewide safety issues and an analysis of bicycle collisions including: C-3 AB 825 Page 4 a) Changes in the frequency of collisions; b) Changes in the severity of collisions; c) Causes of, and contributing factors in, collisions; d) Location of collisions, including an analysis of collision data; e) Time of day of collisions; f) Ages of bicyclists involved, including a breakdown of minors versus adults; and, g) Types of bicycles involved in collisions, specifically differences between traditional bicycles and electric bicycles. Comments 1) Purpose of bill. According to the author “People of color should not be criminalized for choosing to use their bicycle on the sidewalk when there is no safe bike infrastructure on the street. AB 825 will prohibit local authorities from restricting cycling on the sidewalk when a proper bike lane does not exist. Without safe bicycle infrastructure, cyclists should be able to use their best judgment about where they should ride for their own safety and the safety of those around them.” 2) Bicycle sidewalk riding. According to the National Highway Traffic Safety Administration, riding a bicycle on a sidewalk is often unsafe for both cyclists and pedestrians using the sidewalk. Sidewalks are not designed for high speed travel, and the travel speed of a bicycle can often result in a decrease in visibility for cyclists by cars, potentially placing them in danger at intersections or driveways. Several studies have shown that crash and injury risks are higher to cyclists on bicycle paths that are shared with pedestrians than on paths that are separated or dedicated to bicycles. In particular, a review of 23 studies on cycling safety summarized in the report “The Impact of Transportation Infrastructure on Bicycling Injuries and Crashes” estimates that the risk of collisions while riding on the sidewalk is 1.8 to 16 times that of riding on the road primarily because of unexpected or blind conflicts with crossing or turning traffic at intersections, doorways, and driveways. C-4 AB 825 Page 5 Caltrans notes in their Highway Design Manual that sidewalks should not be designated for bicycle travel. Wide sidewalks that do not meet design standards for bicycle paths or bicycle routes also may not meet the safety and mobility needs of bicyclists. Wide sidewalks can encourage higher speed bicycle use and can increase the potential for conflicts with turning traffic at intersections as well as with pedestrians and fixed objects. In residential areas, sidewalk riding by young children too inexperienced to ride in the street is common. It is inappropriate to sign these facilities as bikeways because it may lead bicyclists to think it is designed to meet their safety and mobility needs. Bicyclists should not be encouraged (through signing) to ride their bicycles on facilities that are not designed to accommodate bicycle travel. While, the risk of collisions increases as a result of bicycles on sideways sometimes it may be necessary in some specific cases. According to a video by the University of California Berkeley Safe Transportation Research and Education Center (SafeTrak), bicycling on a sidewalk can become a safety imperative for cyclists on roadways where traffic is too fast, the roadway lacks bike lanes, the lighting is insufficient, or the roadway is in bad repair. However, they also note that his creates a situation where the most vulnerable people must compete for the smallest share of the roadway. Ultimately, the appropriate solution is not to allow for bicycles on sidewalks but to install the necessary infrastructure to allow for both safe bicycle and pedestrian travel. 3) Bicycle infrastructure. Bicyclist fatalities have been going up in recent years. In 2020, 938 cyclists lost their lives in the United States, a 9.2% jump from the previous year and the highest level since 1987. Bicycle infrastructure, including bike lanes, separated bike lanes, and bike paths all play an important role in improving cyclist safety. In “Cycling for Sustainable Cities”, Professor Rune Elvik notes that studies on bicycle infrastructure have generally found that there is a 30-40% lower injury risk for cyclists on roadways with bicycle lanes, bicycle paths, or on traffic calmed streets with few cars and low speeds. For example, when New York City added bike lanes and a road diet on Prospect Park West, neither vehicle throughput nor travel times changed, while safety significantly improved. The percentage of cars exceeding 40 mph fell from 47% to 2%, while illegal sidewalk riding by cyclist fell from 46% to 3%. Cycling volumes doubled, while the number of injuries were reduced by half. However, not all bicycle infrastructure is equally safe. For example, a 2012 study from the University of British Columbia showed that while protected bike lanes reduced cyclist injuries by 90 percent, mixed -used trails reduced injuries C-5 AB 825 Page 6 by only 60 percent. Furthermore, a 2015 study by Canadian researchers found that cyclists who crashed on sidewalks or mixed-use paths sustained worse injuries than even those who crashed on major roads. 4) Pretextual and discriminatory stops. A 2020 report analyzing data collected under California’s Racial and Identity Profiling Act showed that over 250,000 non-traffic citations were issued in 2019, which are low -level violations of state laws and municipal codes that are punishable by fines. Data from this report showed racial disparities in enforcement: these are not citations police commonly give in white, wealthy neighborhoods. Though the citations are criminal, there is no right to an attorney, and therefore little recourse for people who are targeted for enforcement because of their race. The result is hundreds of dollars in fines and fees people cannot afford to pay. In recognition of the racial disparities in enforcing low-level violations the Legislature has moved to remove several of these violations from statute. For example, last year the Legislature passed AB 2147 (Ting, Chapter 957, Statutes of 2022) which prohibited peace officers from stopping a pedestrian for jaywalking. This committee recently passed AB 1082 (Kalra, 2023) which prohibits local authorities from towing vehicles for having five or more expired parking tickets. SB 50 (Bradford, 2023) prohibits peace officers from initiating a traffic stop for specified low-level infractions. When it comes to the specific issue of riding bicycles on sidewalks it would seem there are also racial disparities in enforcement. A Los Angeles Times investigation found that from 2017 to July of 2021, 70% of bicyclists that L.A. County Sheriff’s deputies pulled over were Latinos, even though that group makes up only about half of the county’s population. 85% of bike riders were searched, while only 21% were cited at the time. In response, the County of Los Angeles legalized sidewalk riding on streets that lacked a bike lane, similar to the approach taken in this bill. 5) Restricting electric bicycles. Electric bicycles (e-bikes) look like regular bicycles but include an electric motor and battery and are able to quickly achieve high speeds. E-bikes are a relatively new technology and while they operate under the same rules as regular bicycles, they have unique use patterns and safety concerns. Some cities have raised concerns about this bill eliminating their ability to restrict the use of e-bikes on sidewalks, and so this bill allows local jurisdictions to enact ordinances prohibiting the use of e -bikes on sidewalks. C-6 AB 825 Page 7 6) Local conditions. Current law authorizes local jurisdictions to restrict bicycle use on sidewalks as they see fit, presumably in recognition of local differences in cycling and pedestrian culture and infrastructure that modifies the risk of the behavior. This bill takes the approach of removing that assessment from local jurisdictions and leaving the safety risk assessment up to individual cyclists. The argument by supporters is that cyclists are able to determine, based on the amount of traffic, the state of repair of local roads and sidewalks, and other factors, where and how quickly is safe to ride. While it is true that changes in local conditions may result in the safest option not aligning with a more general policy, research does not suggest cyclist’s perception of safety always correlates with actual injury risk. A 2012 study of 690 injured adult cyclists found that cyclists’ perceptions of safety did align with risk regarding the relative safety of major streets, but that their perceptions were out of step with actual risk particularly for mixed-use paths. Many cities have commercial districts where pedestrians will be entering and leaving the sidewalk from doorways. Many cities in California also have a thriving tourism industry, creating crowded streets around attractions. In locations such as these cycling seems particularly risky and likely to result in either a collision with a pedestrian or injury to a cyclist as they swerve off the sidewalk to avoid a pedestrian. This bill eases that risk by allowing cities to continue prohibiting sidewalk cycling in business activity districts. FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No SUPPORT: (Verified 8/22/23) Active San Gabriel Valley (co-source) California Bicycle Coalition (co-source) Happy City Coalition (co-source) San Diego County Bicycle Coalition (co-source) San Francisco Bicycle Coalition (co-source) San Diego County Bicycle Coalition (co-source) San Francisco Bicycle Coalition (co-source) Streets are For Everyone (co-source) Streets For All (co-source) ACT Climate Resolve Costa Mesa Alliance for Better Streets County of Los Angeles Board of Supervisors Culver City Democratic Club C-7 AB 825 Page 8 East Bay for Everyone Marin County Bicycle Coalition Move Santa Barbara County Napa County Bicycle Coalition Norwalk Unides Stop4aidan Telegraph for People OPPOSITION: (Verified 8/22/23) American Bicycling Education Association California Association of Bicycling Organizations City of San Rafael Climate Reality Leaders / San Francisco Marin County Council of Mayors and Council Members Mission Street Neighbors New Livable California Dba Livable California Orange County Bicycle Coalition San Francisco Bicycle Advisory Committee Walk San Francisco ARGUMENTS IN SUPPORT: According to a coalition of supporters including Streets for All, “Currently, municipalities regulate the use of a bicycle on the sidewalk. Some cities like Merced, Costa Mesa, Fullerton, Victorville, and others have made it legal to bike on the sidewalk. However, cities like Moreno Valley, Berkeley, Inglewood, Norwalk, Newport Beach, and others have not legalized it. About 8 million California residents live in a city where it is illegal, or where there are limited areas where cycling on the sidewalk is allowed. “Cyclists are subject to traffic stops by police, which are prone to bias and often lead to searches and violent encounters for people of color. A Los Angeles Times analysis of more than 44,000 bike stops between 2017 and 2021 by Los Angeles County Sheriff’s deputies found that 70% of those stopped were Latino cyclists. The investigation found that deputies searched 85% of the people stopped, but that 92% of the searches found nothing illegal, less than 6% recovered illegal drugs, and less than 0.5% recovered weapons. Demonstrably, these stops are wildly ineffective and create dangerous opportunities for escalatory behavior for all parties involved. “Compared to other types of stops, officers were 3.2 times as likely to perform a search, 3.8 times as likely to detain the individual, and 2.7 times as likely to C-8 AB 825 Page 9 handcuff the individual, statewide, during bicycle stops. “Overall, officers were more likely to search, detain, or handcuff a person during a bicycle-related stop when compared to stops for reasons other than bicycle violations.” “Additionally, without safe bicycle infrastructure, cyclists should be able to use their best judgment about where they should ride for their own safety and the safety of those around them. Over 130 cyclists die from collisions with cars each year in California. In 2022, Traffic deaths in Los Angeles hit a 20 -year high and 53% were pedestrians and cyclists.” ARGUMENTS IN OPPOSITION: According to the California Association of Bicycling Organizations, “We find that the changes from AB 825 would be unsound, both for pedestrians who would have to share the sidewalk even in crowded business districts and for bicyclists, because it reinforces the misconception that it's safer on the sidewalk than the street except where there is a properly designated bikeway facility. CABO opposes this bill, for the following reasons: “It would enable unrestricted sidewalk bicycling on many business district streets whose sidewalks might be crowded with pedestrians. Mixing bicycles and pedestrians in this environment would be unsafe for everyone, might discourage walking, and could hurt local businesses. “Most quiet residential streets do not have or need designated bicycle facilities. This bill would allow sidewalk bicycling on streets where a local jurisdiction has decided there is reason to prohibit bicycling. “Electric bicycles would then also be allowed on these sidewalks. Electric bicycles are easily powered to speeds unsafe on sidewalks sharing with pedestrians. “Most important, the bill proceeds from the false assumption that unless there is a bicycle facility present, it would be safer to bicycle on the sidewalk. In fact, the opposite is true. In 1994, a peer-reviewed in the journal of the Institute of Transportation Engineers showed that bicyclists on sidewalks incurred 1.8 times as great a risk of collision with a motor vehicle as those on the adjacent roadway, primarily because of unexpected or blind conflicts with crossing or turning traffic at intersections, doorways, and driveways. Furthermore, many bicyclists ride on sidewalks against the direction of adjacent roadway traffic. Wrong-way sidewalk bicycling is 4.5 C-9 AB 825 Page 10 times as dangerous as right-way. If the goal is to promote safety, we should be discouraging sidewalk bicycling, not encouraging it” ASSEMBLY FLOOR: 61-14, 5/25/23 AYES: Addis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Wallis, Weber, Wicks, Wilson, Wood, Zbur, Rendon NOES: Alanis, Chen, Megan Dahle, Davies, Dixon, Essayli, Flora, Vince Fong, Gallagher, Lackey, Jim Patterson, Sanchez, Ta, Waldron NO VOTE RECORDED: Aguiar-Curry, Mathis, Muratsuchi, Joe Patterson, Ward Prepared by: Jacob O'Connor / TRANS. / (916) 651-4121 9/11/23 13:02:07 **** END **** C-10