887-888.8

STREETS AND HIGHWAYS CODE
SECTION 887-888.8




887.  As used in this chapter, "nonmotorized transportation facility"
means a facility designed primarily for the use of pedestrians,
bicyclists, or equestrians. It may be designed primarily for one or
more of those uses.


887.2.  The department, in cooperation with local agencies, shall
publish a statewide map illustrating state highway routes available
for the use of bicyclists and, where bicyclists are prohibited from
using a state highway, illustrating, in such a case, safe, alternate
routes available to the bicyclist.


887.4.  Prior to December 31 of each year, the department shall
prepare and submit an annual report to the Legislature summarizing
programs it has undertaken for the development of nonmotorized
transportation facilities, including a summary of major and minor
projects. The report shall document all state funding for bicycle
programs, including funds from the Bicycle Transportation Account,
the Transportation Planning and Development Account, and the Clean
Air Transportation Improvement Act. The report shall also summarize
the existing directives received by the department from the Federal
Highway Administration concerning the availability of federal funds
for the programs, together with an estimate of the fiscal impact of
the federal participation in the programs.



887.6.  Upon the request of a public agency, as defined by Section
6500 of the Government Code, the department may enter into an
agreement with the agency for the construction and maintenance of
nonmotorized transportation facilities which generally follow a state
highway right-of-way where the department has determined that the
facility will improve safety and convenience for bicyclists.
   The department's contribution, if any, to the cost of constructing
the nonmotorized facilities shall be based upon a finding that the
traffic safety or capacity of the highway will be increased. The
agreements may provide for the handling and accounting of funds, the
acquisition or conveyance of right-of-way, maintenance, and any other
phase of the project.



887.8.  (a) After consulting with the law enforcement agency having
primary traffic law enforcement responsibility with respect to the
state highway, the department may construct and maintain nonmotorized
transportation facilities approximately paralleling that highway.
   (b) Where the traffic safety or capacity of the highway would be
increased, the department shall pay for the construction and
maintenance of nonmotorized transportation facilities approximately
paralleling the highway.
   (c) The Legislature finds and declares that the construction and
maintenance of nonmotorized transportation facilities constitute a
highway purpose under Article XIX of the California Constitution, and
justify the expenditure of highway funds and the exercise of the
power of eminent domain therefor.


888.  The department shall not construct a state highway as a
freeway that will result in the severance or destruction of an
existing major route for nonmotorized transportation traffic and
light motorcycles, unless it provides a reasonable, safe, and
convenient alternate route or such a route exists.



888.2.  The department shall also incorporate nonmotorized
transportation facilities in the design of freeways on the state
highway system along corridors where nonmotorized facilities do not
exist, upon a finding that the facilities would conform to the
California Recreational Trails System Plan specified in Section
5070.7 of the Public Resources Code or upon a finding, following a
public hearing, that the facilities would conform to the master plans
of local agencies for the development of nonmotorized facilities and
would not duplicate existing or proposed routes, and that community
interests would be enhanced by the construction of the facilities.
   The department shall establish an annual priority list of projects
to be funded pursuant to this section, which shall primarily benefit
bicyclists rather than other highway users.



888.4.  Each annual budget prepared pursuant to Section 165 shall
include an amount of not less than three hundred sixty thousand
dollars ($360,000) for the construction of nonmotorized
transportation facilities to be used in conjunction with the state
highway system.



888.8.  The department may enter into any agreements, execute any
documents, establish and manage any accounts or deposits, or take any
other action that may be appropriate to receive and expend funds
from the federal government in connection with state or local agency
bicycle programs and nonmotorized transportation projects for which
federal funds are available. The department may undertake
demonstration projects and perform technical studies.