Bicycle pathway and highway separation.

2015
STATE OF WYOMING
15LSO-0486
ENGROSSED
3.1

SENATE FILE

NO.
SF0103

Bicycle pathway and highway separation.

Sponsored by:
Senator(s) Scott, Case, Landen and Rothfuss and Representative(s) Pelkey, Petroff and Stubson

A BILL

for

AN ACT relating to the separation of bicycles and motor vehicle traffic on state highways and other roads; improving highway safety by reducing the opportunity for accidents between bicycles, pedestrians and motor vehicles; planning for a system of bicycle pathways to prevent accidents, promote economic development and promote public health; creating a planning task force to develop a state wide bicycle pathway system; specifying task force membership and staffing; requiring a study of bicycle and motor vehicle accidents as specified; requiring an investigation of funding sources and the legality of using each funding source; providing additional duties to the Wyoming department of transportation, the Wyoming office of tourism board, the state epidemiologist, the state health officer and the attorney general’s office; requiring reports to the legislature; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

SAFETY REPORT AND ANALYSIS

(a)

The Wyoming
department of t
ransportation shall conduct a safety analysis of and develop a report on the risks of accidents involving motor vehicles, bicyclists and pedestrians on the state’s highways, local roads and streets
. The analysis and report shall:

(i)

L
ist and
summarize
recent fatalities and
other
accidents involving motor vehicles and
bicycles
in Wyoming
. To the extent
reasonably possible,
the
list and summary
shall include:

(A)

Accidents occurring on all roadways in Wyoming;

(B
)

To the extent possible, a
ccidents where persons in motor vehicles were killed or seriously injured while avoiding bicyclists or pedestrians;

(C)

A
ccidents for the most recent
four (
4
)
year period for which data is available and, if practical
, for the most recent ten (10) year period.
A different time period may be used for fatal and
other
accidents.

(ii
)

I
nclude an analysis of the list of accidents and identify any serious safety concerns raised by the analysis
. The state epidemiologist shall be provided an opportunity to review the analysis and may provide comments, supplemental analysis or recommendations which shall be included
in the
report
s required by this section
;

(ii
i)

C
ontain a brief review of any relevant academic literature, recommendations of relevant interest groups and practices of other states concerning
the prevention of motor vehicle/
bicycle accidents;

(
i
v
)

Contain
recommendations for the reduction of
motor vehicle/bicycle
accidents
including:

(A)

Appropriate signage and signage policy;

(B)

Modification of
Wyoming
’s
traffic laws;

(C)

Locations
of particular concern
,
including
both specific geographic locations and types of locations
;

(D)

Location and priorities for the development of bicycle and pedestrian pathways to separate bicycle and pedestrian traffic from motor vehicle traffic.

(b
)

It is intended that the report and analysis
required by this section
be prepared primarily by
Wyoming d
epartment of
t
ra
nsportation employees, but the d
epartment may use consultants to th
e extent its resources allow.

(c
)

The d
epartment shall submit a
preliminary report
to the transportation commission, the bicycle system task force,
created by Section 3 of this act
, the joint travel,
recreation and wildlife interim committee and the joint transportation
, highways
and military affairs interim committee on or before
October 1, 2015
. The department shall submit a
final report
to these entities on or before September 1, 2016.

(d)

If the transportation c
om
mission believes a change in Wyoming’s
traffic laws is useful to reduce the number of serious
motor vehicle/bicycle accidents, the commission may
forward a recommendatio
n for the
change to the j
oint
t
ransportation
, highways and military affairs interim committee on or before
November

1, 2015
for consideration
during the 2016
budget session,
or
on or before October 1, 2016 f
or consideration during the 2017
general session.

Section 2.

IMMEDIATE ACTION TO REDUCE BICYCLE/MOTOR VEHICLE ACCIDENTS

(a)

Without waiting for the completion of the reports required by section 1 of this act, the department of transportation may exercise its existing authority by
taking any of the following
actions
in an effort
to reduce the risks of
bicycle/motor vehicle accidents:

(i)

I
n areas with elevated
accident
risk due to bicycles crossing highways
, the department
may designate specific bicycle crossings,
notice
crossing
s
with appropria
te signage and highway markings
and control, as needed, both bi
cycle and motor vehicle traffic;

(ii)

Implement needed traffic controls in areas of special concern;

(iii)

Design and construct separated bicycle/pedestrian passages on b
ridges, overpasses, underpasses
and tunnels where:

(A
)

The structure is currently, or
will be within two

(2) years, under design, bid
or construction;

(B)

There is a safety
-related
need for a separated passage; and

(C)

It would be more ex
pensive to add the separated passage
way
at a future date and
after the report
s required by this section
are
completed.

(iv)

In cooperation with appropriate local government units
,
designate bicycle routes designed to improve safety and
to
remove bicycle traffic from areas with
heightened accident risk. The d
epartment may erect signage as needed to direct
bicycle traffic to these routes;

(v
)

Design and construct short bicycle/pedestrian pathways to transfer bicycle traffic from highways to local bicycle pathways or designated bicycle routes.

Section 3.

BICYCLE SYSTEM TASK FORCE

(a)

The g
overnor shall appoint a bicycle system task force of
not less than seven (7) nor more than nine (9)
members subject to the following:

(i)

At least one
(1) member shall be a department of t
ransportation employee knowledgeable in highway safety;

(ii)

At least one

(1)
member shall be a
department of t
ransportation employee
, local government employee
or member of the public
knowledgeable in
the
design and construction of bicycle pathways;

(iii)

At least one

(1)
memb
er shall be an employee of the office of tourism or
a
member of the Wyoming tourism b
oard;

(iv)

At least one

(1)
member shall be active in a restaurant, lodging or other tourism related business;

(v)

At least one

(1)
member shall be a state employee or member of the public with experience
in long distance bicycle travel.

(b
)

The
g
overnor shall appoint
the chairman of the task force.

(c)

The task force shall:

(i)

Develop a long r
ange strategic plan for a state
wide bicycle pathway system. In developing the plan the committee shall:

(A)

Consider the needs of Wyoming residents who want to use bicycles for recreation and transportation needs;

(B)

Consider opportunities to improve Wyoming’s economy by attracting long distance bicycle tourist
s
to Wyoming;

(C)

Describe the geographical location
s
of a fully implemented bicycle pathway system;

(D)

E
stablish development priorities
by segment, and possibly by type of segment, for the bicycle pathway system
;

(E)

Identify the probable costs of implementing the bicycle pathway system plan and its individual priorities and segments;

(F)

Identify reasonable options for how Wyoming could implement the bicycle pathway system plan considering, in part, the availability of funds;

(G)

Identify and evaluate all reasonable options
to
fund implementation of the plan;

(H)

Submit a preliminary report
on or before October 1, 2015 and a final report on or before
November
1, 2016
to the transportation commission, tourism board, the joint travel, recreation and wildlife interim committee and the joint transportation and military affairs interim committee.

(ii)

Consider whether including a bicycle pathway as a routine part of highway construction and reconstruction projects is a cost effective strategy and, if so, whether bridge, overpass, underpass and tunnel projects merit particular consideration. The committee
shall assume that the priorities for highway construction and reconstruction are likely to be different than the priorities for development of the bicycle pathway system;

(iii)

Consider and make recommendations on the various ways the state can encourage and assist local efforts to develop local bicycle pathways;

(iv)

Consider the extent to which bicycle pathways should be av
ailable to people riding horses;

(v)

Although the bicycle pathways will often be on highway rights
-
of
-
way, the task force shall consider the necessity of
using
other

rights
-
of
-
way
.

(d
)

In setting priorities and establishing plan segments
for
the statewide bicycle pathway plan, the task force shall consider:

(i)

The need to remedy circumstances most likely to cause serious accidents;

(ii)

The priorities or plan segments that will benefit the most people;

(iii)

The priorities and segments that will produce the greatest health benefits for Wyoming residents;

(iv)

The priorities and segments that will produce the greatest benefits in terms of attracting bicycle tourists to Wyoming;

(v)

The likely costs of addressing particular priorities or developing particular segments;

(vi)

How to attain a reasonable geographic balance so that all areas of the state benefit by implementation of the plan.

(e)

The state health officer shall provide the task force with a report on the probable health benefits to Wyoming residents of encouraging bicycle and pedestrian recreation and on ways in which these benefits can be attained. This report shall be due October 1, 2015.

(f
)

If requested by the task force, the attorney general shall provide the task force
with an analysi
s of the legality of possible funding sources including the constitutionality of using various highway funding revenues in circumstances where the development of separate bicycle pathways can be expected to reduce the risk of accidents involving motor vehicles and bicyclists.

(g
)

Service on the task force by task force members who are
governmental employees sh
all be considered part of the member’s
regular government employment.
Task force m
embers
who are members
of the public shall serve without compensation.

(h
)

The
governor shall determine which state agency shall provide
an

executive secretary to the task f
orce and shall
provide staff support to the task force.

(j
)

The task f
orce shall terminate July 1,

2017.

Section 4.
This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
SF0103