August 2020

Transportation Interim Committee

Sonja Nowakowski
FINAL REPORT TO THE 67 TH MONTANA LEGISLATURE

DRAFT
HJ 45: PATH TO THE
FUTURE?
A LOOK AT BICYCLE
AND PEDESTRIAN
PATH PLANNING AND
FUNDING
 TRANSPORTATION INTERIM COMMITTEE
INTERIM COMMITTEE MEMBERS
Before the close of each legislative session, the House and Senate leadership appoint lawmakers to interim
committees. The members of the Transportation Interim Committee, like most other interim committees, serve
one 20-month term. Members who are reelected to the Legislature, subject to overall term limits and if
appointed, may serve again on an interim committee. This information is included in order to comply with
2-15-155, MCA.

Senate Members House Members

Senator Gordon Vance, Chair Representative Ross Fitzgerald
P.O. Box 1 451 1st Road NE
Belgrade, MT 59714-0001 Fairfield, MT 59436-9205
Ph: 406-587-8608 Ph: 406-788-1443
Email: VanceSD34@gmail.com Email: ross.fitzgerald@mtleg.gov
Senator Diane Sands, Vice Chair Representative Denley Loge
4487 Nicole Court 1296 Four Mile RD
Missoula, MT 59803-2791 Saint Regis, MT 59866-9610
Ph: 406-251-2001 Ph: 406-649-2368
Email: SenatorSands@gmail.com Email: denleylogehd14@gmail.com
Senator Cydnie (Carlie) Boland Representative Andrea Olsen
1215 6th Ave. N. 622 Rollins Street
Great Falls, MT 59401-1601 Missoula, MT 59801-3719
Ph: 406-868-1029 Ph: 406-543-2666
Email: carlie.boland@mtleg.gov Email: andrea.olsen@mtleg.gov
Senator Jeff Welborn Representative Mark Sweeney
P.O. Box 790 P.O. Box 681
Dillon, MT 59725-0790 Philipsburg, MT 59858-0681
Ph: 406-949-6070 Ph: 406-560-0170
Email: jeff.welborn@mtleg.gov Email: Mark.Sweeney@mtleg.gov

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Helena, MT 59620-1706
Phone: (406) 444-3064
Fax: (406) 444-3971
Website: leg.mt.gov/tric

Transportation Interim Committee Staff

Joe Carroll, Attorney | Sonja Nowakowski, Research Analyst |Bri Nordhagen, Secretary

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This report is a summary of the work of the Transportation Interim
Committee, specific to the Transportation Interim Committee’s 2019-2020 work plan and House
Joint Resolution No. 45 (2019). Members received additional information and public testimony on the
subject, and this report is an effort to highlight key information and the processes followed by the
Transportation Interim Committee in reaching its conclusions. To review additional information,
including audio minutes, and exhibits, visit the Transportation Interim Committee website:
www.leg.mt.gov/tric.

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 TABLE OF CONTENTS
Introduction ......................................................................................................................................................................... 1
Bicycles on All Public Roads............................................................................................................................................. 1
47th Out of 50 ..................................................................................................................................................................... 2
State & Local Policies Provide for Planning................................................................................................................... 2
Economic Impacts.............................................................................................................................................................. 4
More Recent Studies at the Local Level .......................................................................................................................... 5
How Does the State Pay for Bike Paths? ........................................................................................................................ 6
New Construction ..................................................................................................................................................... 6
Federal Transportation Alternatives ................................................................................................................................ 7
Increased Funding and Planning ...................................................................................................................................... 8
Federal Dollars Still Lead the Way ................................................................................................................................... 9
Maintenance.............................................................................................................................................................. 10
Funding in Other States ................................................................................................................................................... 10
Registration and User Fees: Mostly Decided at Local Level ............................................................................ 10
Fuel Taxes: Would the Constitution Allow It? ................................................................................................... 13
Dedicated Minimum Funding Source: A Legislative Choice............................................................................ 14
Other Funding Sources: Creativity Abounds ...................................................................................................... 15

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 HJ 45: PATH TO THE FUTURE?

INTRODUCTION
Both bicycling and walking play an integral role in Montana’s transportation system. House Joint Resolution
No. 45, an interim study, requested that the Transportation Interim Committee explore how bicycle and
pedestrian paths are used in Montana and safety implications. The study also requested a review of existing
and future funding opportunities.

Representative Denley Loge, the sponsor of HJ 45, invited bicycle and pedestrian path stakeholders to meet
and discuss HJ 45. Rep. Loge held the work session on December. 10, 2019 in Helena. Introduced attendees
can be reviewed in this summary. Additional details about the discussion are also included in the summary.
Stakeholders provided additional materials and comments, which are posted on the website. All materials are
posted under the HJ 45 tab on the TIC webpage.

During the interim, the Transportation Interim Committee learned about Montana's Pedestrian and Bicycle
Plan and also invited the Montana Department of Transportation (MDT) to discuss how Montana funds
pedestrian and bicycle paths. The discussion covered planning stages, such as MDT's approach to project
development, and existing funding sources. MDT also provided information related to safety and rules of the
road, offering a snapshot of federal, state, and local laws.

The Transportation Interim Committee in June 2020 reached a general consensus that stakeholders should
continue to work together to capitalize on future funding opportunities and prospects to enhance bicycle and
pedestrian paths in Montana.

BICYCLES ON ALL PUBLIC ROADS

In 2019 the Montana Department of Transportation (MDT) released the state's first comprehensive Montana
Pedestrian and Bicycle Plan. The 20-year plan is built on five goals: reducing pedestrian and bicyclist fatalities;
educating, encouraging, and promoting safe and responsible travel; preserving and maintaining bike and
pedestrian systems; improving mobility and accessibility for all; and supporting walking and biking as
important transportation modes.

In Montana, bikes are considered vehicles, in that cyclists enjoy all the same rights and duties that the driver
of a vehicle enjoys. This is not unique, but Montana also is one of only five states that allows bicycles on all
public roads. This means there are about 73,600 miles open to public travel, including interstates. The other
four states that allow unlimited access include Idaho, North Dakota, South Dakota, and Wyoming.

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47TH OUT OF 50
The "2018 Benchmarking Report: Bicycling and Walking in the United States" from the League of American
Bicyclists ranked Montana first in safety (per 10,000 commuters); second in active commuting, and fifth in
spending per capita of federal funds. In 2019, however, the League of American Bicyclists issued its state
report cards, with Montana ranking 47th out
of 50 for bike friendliness. 1 While Montana
still ranked first in safety, with 2.9 fatalities
per 10,000 bike commuters and second in
federal spending at $9.68 per capita federal
highway dollars spent on biking and walking,
Montana ranked 22 out of 50 states for
overall infrastructure and funding.

Montana ranks high in terms of commuters

who walk and bike to work. According to the
American Community Survey 5-year data
(2012-2016), 5.1% of Montanans walk to
work and 1.4% of Montanans bike to work.
SOURCE: LEAGUE OF AMERICAN BICYCLISTS
This puts Montana in fourth and second place in
the nation. In Montana, 95 percent of households also have access to at least one motor vehicle.

There are about 73,600 centerline miles of roadway in Montana, and MDT maintains around 13,000 of those
miles. About 7 percent of MDT routes are in an urban area, which allows for more effective networks of
pedestrian and bicycle paths, according to MDT.

"While there is a general desire for consistent consideration of nonmotorists across the state, there is
recognition that the state is vast and that the needs are not the same in all areas. It can be difficult to balance
the many competing needs within the existing right-of-way. Evaluation is on a case-by-case basis to
understand context," according to MDT's plan. 2

STATE & LOCAL POLICIES PROVIDE FOR PLANNING

Many pedestrian and bicycle improvements are included in associated roadway construction projects, as
opposed to being standalone projects. Under the umbrella of TranPlanMT, Montana's overall transportation
plan, MDT's 2019 Montana Pedestrian and Bicycle Plan focuses on the state of walking and biking in
Montana, identifies challenges, and provides strategies for overcoming constraints.

1 https://bikeleague.org/sites/default/files/BFS%20Report%20Card_2019_Montana.pdf
2 https://mdt.mt.gov/pubinvolve/pedbike/docs/MontanaPedestrianandBicyclePlan_2019.pdf

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When state road projects are planned, MDT uses guidelines for the design and development of
improvements within its "Road Design Manual". The manual includes information on design considerations,
including "roadway facilities should be designed and operated to enable safe access for various users,
including pedestrians, bicycles, motorists and transit riders of all ages and abilities."

Several larger, local municipalities also use their own guidance on the
"It can be difficult development of pedestrian and bicycle facilities. Other municipalities rely on
to balance the guidance provided by the Federal Highway Administration. MDT
many competing coordinates with local jurisdictions to determine appropriate
needs within the pedestrian and bicycle improvements. "Factors such as demand,
existing right-of-
connectivity, land use planning, right-of-way availability, safety issues,
way." MDT
maintenance responsibility, and public input are considered and analyzed
during the project development process to determine the most appropriate
pedestrian and bicycle facilities," according to the plan.

MDT's "Shared Use Paths in MDT Right-of-Way Policy" provides further direction when considering
locating shared-use paths in state rights-of-way. The policy includes criteria for MDT to use when making
project development decisions to ensure shared-use path connections between origins and destinations and
requirements for assigning maintenance responsibility for paths.

In 1975, the Montana Legislature passed a "Footpath and Bicycle Trail Act". In 2017, the act was revised to
simply be a "shared-use" path act. A shared-use path is a multiuse path separated from motorized vehicular
traffic. It does not include sidewalks. The statute directs MDT to maintain and construct shared-use paths.
Amendments to the act in 2017 also provide for an additional funding source for paths, discussed later in this
report. The law also requires MDT, prior to the construction or extension of a shared-use path, to enter into
a maintenance agreement with the county or municipality, or both, in which the path is proposed to be
constructed or extended. The inventory provided only includes those located in MDT rights-of-way. There
are many, many additional miles of bicycle and pedestrian paths on local government networks.

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In terms of pedestrian paths, cities, counties, and tribal governments are generally responsible for
maintenance and development through planning. State law, section 7-15-4125, MCA, also allows city or town
councils to require the owner of a sidewalk, house, or other structure that is dangerous to passers-by to repair
or remove the same after notice. The federal proposed Public Rights-of-Way Access Guidelines, PROWAG,
also provides MDT with standards to address accessibility. The PROWAG is used as an additional resource
to the ADA Accessibility Guidelines.
Inventory of Shared Use Paths
Advocates have raised concerns that MDT's
Missoula 73.1 miles
bicycle/pedestrian coordinator position remained
open for a year and a half. The position has not yet Kalispell 36.8 miles
been advertised; however, duties are being fulfilled
by existing staff, according to MDT. Advocates also Bozeman 36.1 miles
encourage the department to explore opportunities
for additional bicycle and pedestrian experts at the Great Falls 16.1 miles
state's five divisions.
Butte 9.1 miles
Bike/pedestrian advocates also have asked for a
Havre 4.8 miles
more robust planning process. Advocates asked that
plans be more direct and descriptive of Miles City 2 miles
implementation and include implementation
schedules and timelines for specific benchmarks and Billings .8 miles
actions, according to public comments filed by Bike
Walk Montana on the 2019 Pedestrian-Bicycle Plan. Wolf Point .7 miles

ECONOMIC IMPACTS
Montana ranks second in the country for how much outdoor recreation contributes to its gross domestic
product — 5.1% in 2017, according to the federal Bureau of Economic Analysis. A number of studies over
the last 10 years explored the economic impact of biking, walking, and hiking specific to Montana. Biking and
related sales and services contribute to Montana's economy and provide direct and indirect revenue and jobs,
according to reports.

The Missoula-based Adventure Cycling Association and the University of Montana's Institute for Tourism
and Recreation Research examined the economic impact of bicycle tourism in 2013, finding bicycle tourists
spend an average of about $75 per person per day and tend to stay eight nights or more. Additional reports
from the Institute tied directly to road conditions and maintenance. "One of the most important aspects of a
long-distance cycle tour is road conditions. Rumble strips, debris, and shoulder width are critical to consider
when making or maintaining roadways in the eyes of the cyclists. If the rumble strip covers the entire

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shoulder, it does not allow cyclists to use the highway in a safe manner. Shoulders must be an adequate size to
account for vehicles to pass and the cyclist to safely ride along the highway." 3

The study also found that day hiking was the second most popular activity (behind scenic driving) by
nonresidents who visited Montana throughout the year. According to the study, 77 percent of Montana
residents used nonmotorized paths and 72 percent used hiking trails during 2013.

MORE RECENT STUDIES AT THE LOCAL LEVEL

Local governments in Montana also are taking a closer look at pathways in terms of usage, economic impacts,
and future planning. In 2017 the City of Billings completed a Parks, Recreation and Public Lands
Comprehensive Parks and Recreation Master Plan. The plan includes an analysis of pathway usage and a
discussion of demand for future infrastructure. Biking and walking trails ranked as highly important to
Billings residents, in line with national benchmarks. 4 Sixty-nine percent or 32,345 households indicated a need
for walking and biking trails. Based on the total respondents’ top three choices, 54% indicated walking and
biking trails were most important to them.

In 2018 the Institute for Tourism and Recreation Research completed a case study of the value of trails in
Helena. The study examined Helena's 80-mile hiking and mountain biking trail system. According to the
study, the trail system attracts about 63,000 users each summer, with locals representing about 78 percent.
The study found that trail users contribute about $4 million in spending, support 60 jobs, and generate
$185,000 in state and local taxes. 5

The state also advertises Montana's trails and paths. Montana's Office of Tourism and Business Development
at the Department of Commerce provides information on tourism, including hiking, mountain biking, and
long-distance bicycle touring. MDT maintains a "Bicycling the Big Sky" map (Figure 1) to assist those
planning trips.

In addition to tourism, health and environmental benefits are recognized in terms of economic benefits. One
of the five goals in the state plan is to "support walking and bicycling as important transportation modes for
access to destinations, economic vitality, and health." If current levels of walking and bicycling continue over
the next 20 years, 29,000 Montanans could meet the Center for Disease Control's recommended level of
physical activity through walking and biking. Diversion of vehicle trips could also save an estimated $878
million in healthcare costs, according to the plan. "Good walking and bicycling facilities that are attractive,
provide access to parks, trails, and other recreational amenities are a key component of healthy communities."

3 "Analysis of Touring Cyclists: Impacts, Needs, and Opportunities for Montana," Institute for Tourism and Recreation
Research, University of Montana, December 2013.
4 https://www.billingsparks.org/wp-content/uploads/City-of-Billings_MasterPlan_FINAL-12-12-17.pdf
5 Trail Usage and Value: Helena, MT Case Study, Jeremy Sage and Norma Nickerson, Institute for Tourism and

Recreation Research, College of Forestry and Conservation, University of Montana, 2018.

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FIGURE 1: MDT BICYCLE TOURISM MAP

HOW DOES THE STATE PAY FOR BIKE PATHS?

New Construction
1-mile paved path: $700,000 to $1.2 million, MDT

In Montana, MDT estimates that the state spends $9.68 per capita on walking and biking infrastructure,
compared to a national average of $2.50. While the per capita estimates may be a result of Montana's
relatively small population, MDT estimates that it spends about $8.8 million annually on construction of
nonmotorized infrastructure. That is the average for construction from fiscal years 2013 to 2018. MDT also
notes that the numbers represent construction costs and don’t include design, rights-of-way, and utility
phases of projects.

That $8.8 million equates to about 3% of MDT’s average annual roadway construction awards. But it is only
for projects where nonmotorized costs can easily be extrapolated. Many of MDT’s other construction
projects contain nonmotorized improvements, and any project improving a travel lane could be categorized
as an improvement--given state law directs cyclists to ride in the travel lane.

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For projects on the state transportation system, funding is provided through a combination of federal and
state sources. Reconstruction and major rehabilitation projects also often provide an opportunity for bicycle
and pedestrian improvements. "Due to the various funding sources involved and difficulty calculating the
proportional costs for larger roadway projects, an exact expenditure for pedestrian and bicycle facilities is
difficult to accurately determine," according to the state plan.

Of that $8.8 million, most funding comes from federal Transportation Alternatives allocations; however,
other federal funding is also used for projects to improve nonmotorized travel. In Helena, for example,
Americans with Disabilities Act (ADA) ramps and sidewalks are being added on Lyndale Avenue and
Montana Avenue beginning at the intersection with Benton Avenue. The total project cost is about $4.2
million, and the project was let in October. In Livingston, contractors are designing and constructing about .4
miles of shared-use path using about $540,000 in Shared Use Path Construction Costs
Transportation Alternatives funding.
Average Cost Per Mile*
MDT's investment ratio is about 245 to 8 vehicle
infrastructure versus bicycle or pedestrian infrastructure. MDT $1.2 million
The department surveys the public biennially to
Missoula $800,000
determine what priorities they see regarding the
expenditure of funds for transportation. In its most
Helena $720,000
recent statistically valid survey, the highest priority
action to improve the system was maintaining road Billings $769,000
pavement conditions. The lowest priorities for funding
were bicycle paths, pedestrian walkways, transit buses, and rest areas.

"Although pedestrian and bicycle facilities are desired by many residents, funding has historically been, and is
likely to continue to be, a challenge for developing and maintaining those facilities. No agency currently has
sufficient funding or resources to implement and maintain transportation networks to the levels desired,"
according to the 2019 MDT Pedestrian and Bicycle Plan.

FEDERAL TRANSPORTATION ALTERNATIVES

The federal Transportation Alternatives (TA) program, administered by MDT, is a funding resource for
pathways in Montana. Local governments, regional transportation authorities, transit agencies, natural
resource or public land agencies, schools, tribal governments, and any other local or regional governmental
entities are eligible to apply for the funding. Projects go through a competitive selection process at MDT.
Eligible projects include on- and off-road pedestrian and bicycle facilities, infrastructure projects for
improving nondriver access to public transportation and enhanced mobility, nonmotorized transportation
community improvement activities and environmental mitigation, recreational trail program projects, safe
routes to school projects, and projects for the planning, design, and construction of boulevards and other
roadways largely in the right-of-way of former interstate system routes or other divided highways, according
to the program overview. A match is required for most projects (23 USC 120). Eligible projects within
reservation land, however, don't require a match provided by the local entity sponsor. MDT also provides the

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nonfederal match with state fund for projects that are included in the Transportation Commission's
designated highway system. The nonfederal match rate is about 13.42 percent.

Since FY 2013, MDT received an average of $10.8 million in funding requests each year. Of those requests,
around 30 percent are funded. "The difference between funding requests and available money shows that the
interest in investment outpaces available funding," according to MDT.

Moving Ahead for Progress in the 21st Century (MAP-21) consolidated the Community Transportation
Enhancement Program (CTEP), Safe Routes to School, and the Recreational Trails Program (RTP) into the
TA program. It also reduced funding. States were given the option of transferring TA funding to other
programs. MDT opted to continue both the TA program and the RTP. The RTP is administered by Fish,
Wildlife, and Parks (FWP). Montana receives about $1.6 million annually. Montana State Parks collaborates
with the State Trails Advisory Committee to review the applications. Thirty percent of RTP funding goes to
motorized trail projects, 30 percent to nonmotorized trail projects, and 40 percent to multiple-use trail
projects.

INCREASED FUNDING AND PLANNING

The 2017 Montana Legislature passed House Bill No. 225 to revise what is now referred to as the Montana
Shared-Use Path Act. It now focuses solely on shared-used paths and provides for increased maintenance and
repair of paths. As discussed previously, the law includes provisions that MDT recommend construction and
maintenance standards for shared-use paths and provide a uniform system for signing shared-use paths.

The law also establishes a $5 optional fee on motor vehicle registrations that is allocated by MDT across the
five districts for maintaining, repairing, and establishing shared-use paths. A portion of the money must be
used for safety education. Since fee collection began in July 2017, the Motor Vehicle Division (MVD)
collected about $45,455. Of that total, about $10,000 came from Gallatin County registrations. Another
$7,000 came from Missoula County, and about $6,600 came from Yellowstone County registrations. A listing
of fee collections by county is included in Figure 2.

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FIGURE 2: MVD OPTIONAL BIKE FEE COLLECTIONS

With the $50,000 in administrative costs recovered by MVD, funding is available for maintenance and safety
activities. Fees collected average around $1,500 a month, according to MVD.

FEDERAL DOLLARS STILL LEAD THE WAY

As mentioned previously, the past five federal transportation bills included programs that provided some
level of funding for pedestrian, bicycle, and trail-related projects. The programs and funding levels have
changed with each bill. The table provided by MDT below summarizes the most recent bills and Montana's
appropriations.

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Maintenance
1-mile paved path: $4,000 general maintenance and $25,000 heavy maintenance, MDT

House Bill No. 604, passed and approved by the 2015 Legislature, required MDT to compile an inventory of
all multiuse trails or other paths within state-maintained federal-aid highway rights-of-way and develop a plan
for maintaining and repairing the trails and other paths. The plan inventoried 196 miles of paths within MDT
rights-of-way, including asphalt, concrete, and gravel paths and some striped bike lanes. There are about 188
miles of asphalt/concrete shared-use paths in Montana.

The multiuse paths study found that current heavy maintenance needs to restore paths to excellent condition
totals about $363,000, a one-time cost. Agreements between MDT and cities, counties, or other entities
address path maintenance. About $196,000 of the responsibility for heavy maintenance costs belongs to cities,
counties, or other entities, and MDT is responsible for about $160,000.

Other activities are essential for general maintenance, such as snow removal, sweeping, and mowing, in
addition to ongoing pavement preservation activities like pavement seals and pavement overlays, according to
the plan. The annual costs for general maintenance activities was about $945,000 in 2018, which is mostly
snow removal costs. "If MDT were tasked to assume all general maintenance responsibility for the current
shared use paths, funding would have to be identified in future legislation or MDT would have to lower our
maintenance efforts in other areas. This would mean there would be less money for the current maintenance
practices and the condition of Montana Highways would decrease, in order to maintain the shared use paths
within state maintained federal-aid highway right-of-way," according to the MDT's shared use paths inventory
and detailed maintenance plan.

The total cost for general maintenance is $263.30 per path mile, according to MDT. The total cost for snow
removal is $3,600 per path mile. The total cost to perform general maintenance on 180 miles of shared use
path (excluding 8 miles of striped bike lanes) is approximately $660,000, of which $614,000 is the cost of
snow removal efforts on all paths, according to the inventory.

FUNDING IN OTHER STATES

Federal gas tax dollars fuel bicycle and pedestrian path funding, much like they do for other transportation
infrastructure projects. Some states also direct additional public money toward bicycle and pedestrian path
planning and construction. The information below is a snapshot of funding options in other states.
Information was compiled by the National Conference of State Legislatures (NCSL).

Registration and User Fees: Mostly Decided at Local Level

Bike registration programs are often used as a method to track equipment. However, registration also can
serve as a funding mechanism. States with systems in place approach the question of how to handle
registration, when to require it, and cost-effectiveness in a variety of ways. Bicyclists in Hawaii pay a
mandatory $15 registration fee that is deposited into a state bikeway fund. The funds must be expended in the

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county where they are collected. 6 The fee is collected at the point of sale. In Honolulu County the fee
generates about $400,000 annually and is generally used to support bicycle education programs. 7

In 2017 Oregon enacted a transportation funding bill that includes a tax on bicycles. Those who purchase a
bicycle that is $200 or more pay $15 in excise taxes. When enacted, the tax was expected to generate about
$1.2 million annually for the Oregon Department of Transportation's Connect Oregon program -- a program
that funds grants for bicycle and transportation programs. A year after lawmakers enacted the tax, the state
revised its estimated income. In 2018, bicyclists paid about $500,000, and as of October 2019, the state
collected about $724,000. The state expects revenue to increase as additional retailers collect the tax and the
cost of collection itself declines. 8

In early 2020, Oregon's Department of Transportation unveiled a Community Paths grant program, fed by
the tax on bicycles as well as an existing funding source backed by lottery dollars and federal money. The state
plans to start awarding grants in 2021 and estimates about $14 million for a three-year grant cycle ending in
2024. 9

In 2005, Minnesota repealed its bicycle registration program due to underperformance. 10 When in place, the
program was voluntary, as opposed to point-of-sale. Bicyclists paid $9 per bike to the state Department of
Transportation.

Other states approach the issue of registration and user fees by simply leaving it up to local governments to
decide. Generally, state laws are open-ended but clarify that rules or regulations may not conflict with state
laws. The authorizations from local regulation also establish that local requirements only apply on roadways
within that local authority's jurisdiction. Figure 3 provides a snapshot of local authorizations in state laws
around the country.

Montana law allows for local traffic regulations and extends the authority to include registration or fees (61-
12-101(1)(h)). California, Wisconsin, Illinois, Maryland, Utah, and Massachusetts, for example, also explicitly
allow municipalities to determine registration and fees. In California the state administers the bicycle
registration program, but it is up to a local government whether to establish a fee. State law also requires the
fees be spent on bicycle infrastructure and safety. 11 Anaheim, Los Angeles, Sacramento, and Santa Monica,
for example, require registrations and charge fees.

6 Hawaii Revised Statutes 249-14.

7 "Encouraging Bicycle and Walking: The State Legislative Role," National Conference of State Legislatures, Douglas
Shinkle and Anne Teigen, November 2008.
8 "Oregon bike tax revenue ticks up, but still short of expectations," BikePortland.org, Jonathan Maus, December 17,

2019.
9 https://www.oregon.gov/ODOT/Programs/Pages/OCP.aspx
10 "Encouraging Bicycle and Walking: The State Legislative Role," National Conference of State Legislatures, Douglas

Shinkle and Anne Teigen, November 2008.

11 California Vehicle Code 39002.

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Authorization for Local Regulation of Bicycles
Registration, Licensing, and Fees

State Requirement Statute

Arizona, Colorado, Local authorities may regulate bicycles Ariz. Rev. Stat. §28-627
Georgia, Illinois, to some degree and/or require Colo. Rev. Stat. §42-4-111
Indiana, Iowa, registration, licensing, or both, including Ga. Code Ann. §40-6-371
Kansas, Louisiana, a fee. 625 Ill. Comp. Stat. §11-208
Maryland, Michigan, Ind. Code §9-21-1-3
Montana, New Iowa Code §321.236
Hampshire, New Kan. Stat. Ann. §8-2002
Mexico, Oklahoma, La. Rev. Stat. Ann. §32:283
Pennsylvania, Rhode Md. Code Ann., Transp. §25-102
Island, South Mich. Comp. Laws §257.606
Carolina, Texas, MCA §61-12-101(1)(h)
Utah, Wisconsin, N.H. Rev. Stat. Ann. §265:149
Wyoming N.M. Stat. Ann. §66-7-9
Okla. Stat. 47 §15-101; 15-102
75 Pa. Cons. Stat. §6109
R.I. Gen. Laws §31-12-12
S.C. Code Ann. §56-5-710
Tex. Code Ann. §542.202; 217.003
Utah Code Ann. §§41-6a-208; 10-8-69
Wis. Stat. §349.18;
Wyo. Stat. Ann. §31-5-109

California A city or county may provide that California Vehicle Code 39002
residents be licensed to operate a bike.

Connecticut A town, city, and borough may require Conn. Gen. Stat. §14-289
annual licensing of bicycles and provide
for registration or any sale of or change
of ownership.

Hawaii Bicycles having two tandem wheels 20 Hawaii Revised Statutes §249-14
inches or more in diameter and all
mopeds must be registered and subject
to a permanent registration fee of $15.

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Massachusetts Local authorities may regulate carriages Mass. Gen. Laws. Ch. 40, §22; Mass.
and vehicles and set an annual fee for Gen. Laws. Ch. 85, §11B
licenses.

Nebraska Local authorities may regulate bicycles Neb. Rev. Stat. §60-6,317(4)
and provide for registration and
inspection.

Nevada Local authorities may require Nev. Rev. Stat. §484A.400

registration and licensing.

Oregon The Oregon bicycle excise tax is a flat ORS 320.425

tax of $15, to be collected at the point
of sale.

Virginia Local authorities may require licensing Va. Code Ann. §15.2-1720
and fees.

Washington Local authorities may regulate and

license bicycles, construct and maintain
bicycle paths within or outside of and Wash. Rev. Code §35.75.010;
beyond the limits leading to or from the 35.75.030; 35.75.040
city and establish and collect reasonable
fees.

FIGURE 3: THE LEAGUE OF AMERICAN BICYCLISTS AND NCSL

Fuel Taxes: Would the Constitution Allow It?

Some states direct that a portion of their fuel taxes be dedicated to meet nonmotorized infrastructure
demands. According to a 2014 report prepared by the Alliance for Biking and Walking and the League of
American Bicyclists, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois,
Kentucky, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nevada, New Jersey, North
Carolina, North Dakota, Ohio, Oregon, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Virginia,
Vermont, Washington, West Virginia, Wisconsin, and Wyoming all allow for state fuel or gas tax dollars to be
directed toward bicycle or pedestrian infrastructure. 12

Michigan requires counties, cities, and villages to use a reasonable amount, but not less than 1% of its
transportation funds, gas tax, registration fees, and certain federal dollars, for construction or improvement of

12 https://bikeleague.org/sites/default/files/StateRevenueSources_June2014%20%281%29.pdf

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nonmotorized transportation services and facilities. Distribution of the money is established based on
population and road mileage. The minimum 1% also can be accumulated and spread out over 10 years. 13

California has an Active Transportation Program account that includes fuel tax funds. The program is
administered by the California Transportation Commission and the California Department of Transportation
to provide funding for projects that support biking and walking. In 2017, the state increased the level of
funding by $100 million, bringing total annual funding for the program to $220 million.

Use of Montana's motor fuel tax is established in Article VIII, Section 6, of Montana's Constitution. It states:

Highway revenue non-diversion. (1) Revenue from gross vehicle weight fees and excise and
license taxes (except general sales and use taxes) on gasoline, fuel, and other energy sources
used to propel vehicles on public highways shall be used as authorized by the legislature,
after deduction of statutory refunds and adjustments, solely for:
(a) Payment of obligations incurred for construction, reconstruction, repair, operation, and
maintenance of public highways, streets, roads, and bridges.
(b) Payment of county, city, and town obligations on streets, roads, and bridges.
(c) Enforcement of highway safety, driver education, tourist promotion, and administrative
collection costs.
(2) Such revenue may be appropriated for other purposes by a three-fifths vote of the
members of each house of the legislature.

Colorado's Constitution also requires that gas tax and vehicle fees only be used for highways and bridges.
However, Colorado's 2013 Legislature passed Senate Bill No. 48 allowing local governments to use gas tax
money on all transit. The issue was framed as one of local control, with the legislation providing local
governments with the option to spend their share of gas tax money on pathways. The legislation did not
increase the amount of highway user taxes allocated for transit, but it clarified that local governments could
use those funds for transit-related projects, including designated bike or pedestrian lanes on highways. 14

Dedicated Minimum Funding Source: A Legislative Choice

Some states have dedicated state revenue that funds bicycling and walking projects. These dedicated sources
of funding are created via state statutes passed by the Legislature.

Hawaii law requires the state to build bike paths whenever practicable when a new or existing roadway is
designed, planned, or reconstructed. At least 2 percent of eligible federal funds are to be expended on

13 MCL 247.660k
14

http://www.colorado.gov/clics/clics2013a/csl.nsf/billcontainers/9D4690717C1FF9DC87257AEE00572392/$FILE/
SB048_00.pdf

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multiuse paths, bike paths and bike lanes. 15 There are some exceptions included in the law. Hawaii's
Transportation Department reports annually to the Legislature on bikeway expenditures and projects.

Oregon law (ORS 366.514) generally requires communities to provide sidewalks and bikeways when building
or rebuilding a road. Communities also must spend at least 1 percent of state highway dollars on walking and
biking.

The Washington State Department of Transportation, through Pedestrian and Bicycle and Safe Routes to
School programs, support nonmotorized transportation projects. Using a competitive criteria-based process
to review and rank projects, the department submits a report to the Legislature each biennium to provide a
prioritized list of projects for inclusion in the transportation budget. The various transportation projects are
legislatively approved each biennium. The $41 million approved for bicycle and pedestrian projects in the
2019-2021 package, however, left about 200 applications unfunded, according to the Washington Bikes
advocacy group.

Other Funding Sources: Creativity Abounds

Development impact fees, gambling and lottery money, license plate funding, and local grant programs are
also funding options used in various states to assist with funding for nonmotorized transportation projects
and maintenance.

15 Hawaii Revised Statutes 264-18.

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