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AB-2863 Green building standards: bicycle parking.(2021-2022)

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Date Published: 10/03/2022 09:00 PM
AB2863:v93#DOCUMENT

Assembly Bill No. 2863
CHAPTER 809

An act to add Section 18944.19 to the Health and Safety Code, relating to building standards.

[ Approved by Governor  September 29, 2022. Filed with Secretary of State  September 29, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2863, Wilson. Green building standards: bicycle parking.
The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission for approval and adoption. Existing law requires the commission to publish, or cause to be published, editions of the code in its entirety once every 3 years. Existing law requires the commission and other state agencies that propose green building standards to allow for input by other state agencies that have expertise in green building subject areas, as provided.
This bill would require the Department of Housing and Community Development, upon the next triennial update of the California Green Building Standards Code that occurs on or after January 1, 2023, to research and develop mandatory building standards for short-term and long-term bicycle parking in multifamily residential buildings, hotels, and motels. The bill would authorize the department to propose these standards for adoption. The bill would also require the commission, upon the next triennial update, to research and develop revised mandatory building standards for short-term and long-term bicycle parking in nonresidential buildings, and would authorize the commission to adopt these standards. The bill would require the department and the commission, in developing these standards, to develop minimum mandatory bicycle parking standards using a method that is independent of the number of vehicle parking spaces. The bill would include related legislative findings.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) To meet its climate change mitigation goals, California’s greenhouse gas (GHG) emissions must be reduced to at least 40 percent below the statewide GHG emissions limit no later than December 31, 2030, pursuant to Section 38566 of the Health and Safety Code.
(b) Transportation sector emissions are the largest source of GHG emissions in California, and the state has set ambitious goals to both electrify the state’s vehicle fleet and increase active transportation usage, including through increased bicycle ridership.
(c) Since the start of the COVID-19 pandemic, demand for bicycles and electric bicycles has increased considerably, and the State Air Resources Board is currently developing a program to administer $10 million in electric bicycle incentives and rebates.
(d) While California’s Green Building Standards (CALGreen) Code (Part 11 of Title 24 of the California Code of Regulations) require mandatory bicycle parking in new nonresidential structures, there are currently no mandatory bicycle parking standards for multifamily residential dwellings in the state.
(e) The recent growth of shared mobility platforms, including electric scooter and bicycle shares, also increases demand for bicycle and scooter parking infrastructure.
(f) Moreover, whereas California’s current nonresidential bicycle parking standards are expressed as a percentage of vehicle parking spaces, a number of local governments have acted to decrease or eliminate parking vehicle minimums and reduce vehicle parking maximums in residential and nonresidential contexts. For example, in January 2021, the Sacramento City Council eliminated parking minimums in its General Plan.
(g) As part of its efforts to promote sustainable urban infill development, the Legislature has also enacted policies to reduce or eliminate vehicle parking requirements for certain multifamily residential developments located near public transit stops.
(h) When vehicle parking minimums are reduced or eliminated, bicycle parking becomes even more important as individuals seek active transit options. As such, it is important to ensure that bicycle parking is not inadvertently lost when changes are made to vehicle parking standards.
(i) In order to meet the state’s climate goals and to ensure that Californians have access to plentiful bicycle parking options, it is necessary to adopt mandatory residential and nonresidential bicycle parking standards that are expressed independently from vehicle parking spaces.

SEC. 2.

 Section 18944.19 is added to the Health and Safety Code, to read:

18944.19.
 (a) Upon the next triennial update of the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations) that occurs on or after January 1, 2023:
(1) The Department of Housing and Community Development shall research and develop, and may propose for adoption, mandatory building standards for short-term and long-term bicycle parking in multifamily residential buildings, hotels, and motels.
(2) The commission shall research and develop, and may adopt, revised mandatory building standards for short-term and long-term bicycle parking in nonresidential buildings.
(b) In developing the standards pursuant to paragraphs (1) and (2) of subdivision (a), the Department of Housing and Community Development and the commission shall develop minimum mandatory bicycle parking standards using a method that is independent of the number of vehicle parking spaces.