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words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 527
BY SENATOR HEITMEIER
TRANSPORTATION/DEV DEPT. Provides for state Complete Streets requirements.
(gov sig)
AN ACT1
To enact R.S. 48:22.1, relative to transportation; to provide requirements for "Complete2
Streets"; to provide for exceptions; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 48:22.1 is hereby enacted to read as follows: 5
ยง22.1 Complete Streets; findings; requirements; exceptions6
A. The legislature finds that development of a comprehensive,7
integrated, connected transportation network for Louisiana which balances the8
access, mobility, health, and safety needs of motorists, transit users, bicyclists,9
and pedestrians of all ages and abilities, including the users of wheelchairs and10
mobility aids, is integral to the public health, welfare, and quality of life of11
Louisiana's citizens and visitors. Further, the legislature finds that the12
development of such a fully integrated transportation system, by planning,13
designing, funding, constructing, managing, and maintaining a complete and14
multimodal network, will achieve and sustain mobility and safely accommodate15
pedestrians, bicyclists, and transit users.16
B.(1) The legislature directs the department to provide leadership and17 SB NO. 527
SLS 14RS-148 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
implement such a transportation network for any transportation project which1
participates in state or federal funds and requires state or federal approval.2
The department shall utilize interdisciplinary coordination to effectively3
develop, operate, and maintain bicycle and pedestrian networks. The4
department shall work with and coordinate with any Metropolitan Planning5
Organization (MPO), transit agency, parish, municipality, and other6
stakeholder to identify whether a reconstruction or new construction project7
impacts a route identified on a local plan. The department shall offer internal8
and external training opportunities and other resource tools in the following9
areas: engineering, education, enforcement, encouragement, and evaluation.10
The project development process shall integrate multimodal transportation11
uses for the entirety of all projects through design features using context12
sensitive solutions.13
(2) The department shall plan, fund, and design sidewalks and other14
pedestrian facilities on all new and reconstruction roadway projects that serve15
adjacent areas with existing or reasonably foreseeable future development or16
transit service and determine the appropriate type of facility to incorporate17
within the context of the roadway.18
(3) The department shall plan, fund, and design bicycle lanes on all new19
and reconstruction roadway projects to accommodate the riders of bicycles20
appropriate to the context of the roadway. In urban and suburban areas,21
bicycle lanes are the preferred bikeway facility type on arterials and collectors.22
The provision of a paved shoulder of sufficient width, a shared use trail, or a23
marked shared lane may be sufficient depending on the context of the roadway.24
C. (1) All projects shall consider the impact such improvements have on25
the safety of all users and make reasonable accommodations to mitigate26
negative impacts on non-motorized modes of transportation. Restriction of27
non-motorized access shall not be an appropriate strategy except on limited28
access facilities where pedestrians and bicyclists are prohibited by law. The29 SB NO. 527
SLS 14RS-148 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
department shall ensure that the reconstruction or construction of a roadway1
project is not a barrier to pedestrians, bicyclists, and transit users by providing2
safe crossings and corridor continuity, and complying with accessibility3
requirements.4
(2) There are projects where bicycle and pedestrian facilities are5
generally not suitable. These projects are as follows:6
(a) Roadways, such as interstate highways, where bicyclists and7
pedestrians are prohibited by law from using the roadway. In this instance,8
good faith efforts shall be made to accommodate bicyclists and pedestrians9
elsewhere within the same transportation corridor.10
(b) The cost to provide bicycle and pedestrian facilities is excessively11
disproportionate to such need or probable use. For the purposes of this Section12
"excessively disproportionate" means exceeding twenty percent of the cost of13
the project.14
(c) There is a demonstrated absence of need or prudence such as in rural15
or undeveloped areas where future development is not anticipated, sidewalks16
and bicycle paths are generally not provided.17
(d) On preservation only projects, sidewalks and bicycle paths may only18
be considered when the acquisition of additional right-of-way, utility relocation,19
or major construction, such as relocation or enclosure of roadside drainage is20
not required; however, retrofits such as narrowing lanes, restriping, and other21
means to provide improved bicycle and pedestrian access shall be considered22
on preservation projects. Where an identified need to provide sidewalks and23
bicycle paths requires right-of-way acquisition, utility relocation, or major24
construction, the department shall work with local government to identify25
funding for a project to fulfill such need.26
(e) Local governments shall be responsible for maintenance of sidewalks27
and bicycle paths constructed outside the limits of the curb or shoulder of the28
project.29 SB NO. 527
SLS 14RS-148 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(3) Exceptions to accommodation of bicycles, pedestrians, and transit1
users shall require approval from the department's chief engineer. Exceptions2
on federal-aid highway projects also require concurrence from the Federal3
Highway Administration. Exceptions on a project in an urbanized area also4
require concurrence from the local Metropolitan Planning Organization,5
hereafter "MPO".6
(4) If an MPO or local governing authority does not agree with the7
department's accommodation for pedestrians and bicycles on a project, the8
MPO, local governing authority, or board may appeal the department's9
accommodation by adopting and submitting a resolution to the department's10
chief engineer for review and consideration prior to the approval of final design11
of the project.12
D. The department shall design and construct facilities in accordance13
with applicable laws and regulations, using best practices and guidance from14
the following non-exclusive list of organizations: American Association of State15
Highway and Transportation Officials (AASHTO), the Manual on Uniform16
Traffic Control Devices (MUTCD), the Americans with Disabilities Act17
Accessibility Guidelines (ADAAG), and the Public Rights-of Ways Accessibility18
Guidelines (PROWAG).19
E. The department may provide assistance to and coordinate with local20
and regional agencies in developing and implementing complementary21
Complete Streets policies. In the development of projects within municipal22
boundaries, the department and municipality shall share expertise in23
multimodal transportation planning.24
F. The department shall modify its procedures, documents, training25
systems, and performance measures in a timely manner to ensure that the needs26
of all users of the transportation system are included in all phases of all27
projects. The department shall create an implementation plan, including a28
schedule and a public and local or regional government outreach plan.29 SB NO. 527
SLS 14RS-148 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Section 2. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
Heitmeier (SB 527)
Proposed law provides legislative findings to require implementation of "Complete Streets".
Provides that development of a comprehensive, integrated, connected transportation network
for Louisiana which balances the access, mobility, health, and safety needs of motorists,
transit users, bicyclists, and pedestrians of all ages and abilities, including the users of
wheelchairs and mobility aids, is integral to the public health, welfare, and quality of life of
Louisiana's citizens and visitors. Provides that development of such transportation system,
by planning, designing, funding, constructing, managing, and maintaining a complete and
multimodal network, will achieve and sustain mobility and safely accommodate pedestrians,
bicyclists, and transit users.
Proposed law directs the Department of Transportation and Development (DOTD) to provide
leadership and implement such a transportation network for any transportation project which
participates in state or federal funds and requires state or federal approval. Requires DOTD
to utilize interdisciplinary coordination to effectively develop, operate, and maintain bicycle
and pedestrian networks. Requires DOTD to work with and coordinate with any
Metropolitan Planning Organization (MPO), transit agency, parish, municipality, and other
stakeholder to identify if a reconstruction or new construction project impacts a route
identified on a local plan. Requires DOTD to offer internal and external training
opportunities and other resource tools in the following areas: engineering, education,
enforcement, encouragement, and evaluation. Requires DOTD's project development process
to integrate multimodal transportation uses for the entirety of all projects through design
features using context sensitive solutions.
Proposed law requires DOTD to plan, fund, and design sidewalks and other pedestrian
facilities on all new and reconstruction roadway projects that serve adjacent areas with
existing or reasonably foreseeable future development or transit service and determine the
appropriate type of facility to incorporate within the context of the roadway.
Proposed law requires DOTD to plan, fund, and design bicycle lanes on all new and
reconstruction roadway projects to accommodate the riders of bicycles appropriate to the
context of the roadway. Provides that in urban and suburban areas, bicycle lanes are the
preferred bikeway facility type on arterials and collectors. Provides that provision of a paved
shoulder of sufficient width, a shared use trail, or a marked shared lane may be sufficient
depending on the context of the roadway.
Proposed law requires all projects to consider the impact such improvements have on the
safety of all users and make reasonable accommodations to mitigate negative impacts on
non-motorized modes of transportation. Provides that restriction of non-motorized access
shall not be an appropriate strategy except on limited access facilities where pedestrians and
bicyclists are prohibited by law. Requires DOTD to ensure that the reconstruction or
construction of a roadway project is not a barrier to pedestrians, bicyclists, and transit users SB NO. 527
SLS 14RS-148 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
by providing safe crossings and corridor continuity, and complying with accessibility
requirements.
Proposed law provides that there are projects where bicycle and pedestrian facilities are
generally not suitable as follows:
(1)Roadways, such as interstate highways, where bicyclists and pedestrians are
prohibited by law from using the roadway. In this instance, good faith efforts shall
be made to accommodate bicyclists and pedestrians elsewhere within the same
transportation corridor.
(2)The cost to provide bicycle and pedestrian facilities is excessively disproportionate
to such need or probable use. For the purposes of this Section "excessively
disproportionate" means exceeding 20% of the cost of the project.
(3)There is a demonstrated absence of need or prudence such as in rural or undeveloped
areas where future development is not anticipated, sidewalks and bicycle paths are
generally not provided.
(4)On preservation only projects, sidewalks and bicycle paths may only be considered
when the acquisition of additional right-of-way, utility relocation, or major
construction, such as relocation or enclosure of roadside drainage is not required;
however, retrofits such as narrowing lanes, restriping, and other means to provide
improved bicycle and pedestrian access shall be considered on preservation projects.
Where an identified need to provide sidewalks and bicycle paths requires right-of-
way acquisition, utility relocation, or major construction, the department shall work
with local government to identify funding for a project to fulfill such need.
(5)Local governments shall be responsible for maintenance of sidewalks and bicycle
paths constructed outside the limits of the curb or shoulder of the project.
Proposed law provides that exceptions to accommodation of bicycles, pedestrians, and
transit users shall require approval from the department's chief engineer. Provides that
exceptions on federal-aid highway projects also require concurrence from the Federal
Highway Administration. Provides that exceptions on a project in an urbanized area also
require concurrence from the MPO.
Proposed law provides that if an MPO or local governing authority does not agree with the
department's accommodation for pedestrians and bicycles on a project, the MPO, local
governing authority, or board may appeal the department's accommodation by adopting and
submitting a resolution to the department's chief engineer for review and consideration prior
to the approval of final design of the project.
Proposed law requires DOTD to design and construct facilities in accordance with applicable
laws and regulations, using best practices and guidance from the following non-exclusive
list of organizations: American Association of State Highway and Transportation Officials
(AASHTO), the Manual on Uniform Traffic Control Devices (MUTCD), the Americans with
Disabilities Act Accessibility Guidelines (ADAAG), and the Public Rights-of Ways
Accessibility Guidelines (PROWAG).
Proposed law authorizes DOTD to provide assistance to and coordinate with local and
regional agencies in developing and implementing complementary Complete Streets
policies. Requires DOTD and municipalities, in the development of projects within
municipal boundaries, to share expertise in multimodal transportation planning.
Proposed law requires DOTD to modify its procedures, documents, training systems, and
performance measures in a timely manner to ensure that the needs of all users of the
transportation system are included in all phases of all projects. Requires DOTD to create SB NO. 527
SLS 14RS-148 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
an implementation plan, including a schedule and a public and local or regional government
outreach plan.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 48:22.1)