BILL NUMBER: SB 1087 CHAPTERED 09/09/04 CHAPTER 392 FILED WITH SECRETARY OF STATE SEPTEMBER 9, 2004 APPROVED BY GOVERNOR SEPTEMBER 9, 2004 PASSED THE SENATE AUGUST 25, 2004 PASSED THE ASSEMBLY AUGUST 23, 2004 AMENDED IN ASSEMBLY JUNE 24, 2004 AMENDED IN SENATE APRIL 13, 2004 AMENDED IN SENATE MARCH 8, 2004 INTRODUCED BY Senators Soto, Alarcon, Alpert, Cedillo, Chesbro, Ducheny, Escutia, Karnette, Kuehl, Machado, Ortiz, Romero, Speier, Torlakson, and Vincent (Principal coauthor: Assembly Member Parra) (Coauthors: Assembly Members Bermudez, Koretz, Lieber, Nation, Pavley, and Salinas) JANUARY 5, 2004 An act to amend Sections 2331, 2333, and 2333.5 of, the Streets and Highways Code, relating to highways. LEGISLATIVE COUNSEL'S DIGEST SB 1087, Soto. Highways: Safe Routes to School construction program. (1) Existing federal law contains appropriations for a number of programs related to projects for the improvement of highway safety and the reduction of traffic congestion. Existing state law authorizes certain state and local entities to secure and expend the federal funds for these purposes, but provides for the repeal of these provisions on January 1, 2005. This bill would extend this repeal date until January 1, 2008. (2) Existing law requires, until January 1, 2005, the Department of Transportation, in consultation with the Department of the California Highway Patrol, to establish and administer a "Safe Routes to School" construction program pursuant to authority granted under specified federal law and to use federal transportation funds for construction of bicycle and pedestrian safety and traffic calming projects. Under existing law, the Department of Transportation is required to report to the Legislature regarding this program. This bill would extend the repeal date for this program until January 1, 2008. The bill would also require the department to continue to study the effectiveness of the program and to report to the Legislature by March 1, 2007. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 2331 of the Streets and Highways Code, as amended by Section 1 of Chapter 600 of the Statutes of 2001, is amended to read: 2331. (a) The Highway Safety Act of 1973 (23 U.S.C. Sec. 401 et seq.) has authorized appropriations for a number of programs relating to projects for the improvement of highway safety and the reduction of traffic congestion. These programs consist of the rail-highway crossings program (Section 203 of the Highway Safety Act of 1973), the pavement marking demonstration program (23 U.S.C. Sec. 151), projects for high-hazard locations, including, but not limited to, projects for bicycle and pedestrian safety and traffic calming measures in those locations (23 U.S.C. Sec. 152), program for the elimination of roadside obstacles (23 U.S.C. Sec. 153), and the federal-aid safer roads demonstration program (23 U.S.C. Sec. 405). The purpose of this chapter is to implement these programs in this state. The commission, the department, boards of supervisors, and city councils are authorized to do all things necessary in their respective jurisdictions to secure and expend federal funds in accordance with the intent of that federal act and this chapter, and to coordinate with local law enforcement agencies' community policing efforts. (b) This section shall remain in effect only until January 1, 2008, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2008, deletes or extends that date. SEC. 2. Section 2331 of the Streets and Highways Code, as added by Section 3 of Chapter 600 of the Statutes of 2001, is amended to read: 2331. (a) The Highway Safety Act of 1973 (21 U.S.C. Sec. 401 et seq.) has authorized appropriations for a number of programs relating to projects for the improvement of highway safety and the reduction of traffic congestion. These programs consist of the rail-highway crossings program (Section 203 of the Highway Safety Act of 1973), the pavement marking demonstration program (23 U.S.C. Sec. 151), projects for high-hazard locations (23 U.S.C. Sec. 152), program for the elimination of roadside obstacles (23 U.S.C. Sec. 153), and the federal-aid safer roads demonstration program (23 U.S.C. Sec. 405). The purpose of this chapter is to implement these programs in this state. The commission, the department, boards of supervisors, and city councils are authorized to do all things necessary in their respective jurisdictions to secure and expend those federal funds in accordance with the intent of the federal act and of this chapter. (b) This section shall become operative on January 1, 2008. SEC. 3. Section 2333 of the Streets and Highways Code, as amended by Section 4 of Chapter 600 of the Statutes of 2001, is amended to read: 2333. (a) In each annual proposed budget prepared pursuant to Section 165, there shall be included an amount equal to the estimated apportionment available from the federal government for the programs described in Sections 2331 and 2333.5. The commission may allocate a portion of those funds each year for use on city streets and county roads. For projects authorized under Section 2333.5 and receiving funding under this section, the department may substitute State Highway Account funds in accordance with the department's policy for state funding in place at the time of the project fund allocation, if those federal funds are directed to projects on state highways that are eligible for funding under Section 152 of Title 23 of the United States Code. It is the intent of the Legislature that the commission allocate the total amount received from the federal government for all of the programs described in Sections 2331 and 2333.5 in a manner that, over a period of five years, makes not less than one million dollars ($1,000,000) of those funds available for use pursuant to Section 2333.5 and the remaining funds available for use in approximately equal amounts on state highways, local roads, and the program established under Section 2333.5. In addition, it is the intent of the Legislature that the commission shall apportion for use, in financing the railroad grade separation program described in Section 190, a substantial portion of the funds received pursuant to the federal rail-highway crossings program. Notwithstanding any other provision of law, the share of any railroad of the cost of maintaining railroad crossing protection facilities funded, in whole or in part, by funds described in Section 2331 shall be the same share it would be if no federal funds were involved and the crossing protection facilities were funded pursuant to an order of the Public Utilities Commission pursuant to Section 1202 of the Public Utilities Code; and in case of dispute, the Public Utilities Commission shall determine that share pursuant to this section. (b) This section shall remain in effect only until January 1, 2008, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2008, deletes or extends that date. SEC. 4. Section 2333 of the Streets and Highways Code, as added by Section 6 of Chapter 600 of the Statutes of 2001, is amended to read: 2333. (a) In each annual proposed budget prepared pursuant to Section 165, there shall be included an amount equal to the estimated apportionment available from the federal government for the programs described in Section 2331. The commission may allocate a portion of such funds each year for use on city streets and county roads. It is the intent of the Legislature that the commission allocate the total amount received from the federal government for all of the programs described in Section 2331 in such a manner that, over a period of five years, such funds are made available for use in approximately equal amounts on state highways and on local roads. In addition, it is the intent of the Legislature that the commission shall apportion for use, in financing the railroad grade separation program described in Section 190, a substantial portion of the funds received pursuant to the federal rail-highway crossings program. Notwithstanding any other provision of law, the share of any railroad of the cost of maintaining railroad crossing protection facilities funded, in whole or in part, by funds described in Section 2331 shall be the same share it would be if no federal funds were involved and the crossing protection facilities were funded pursuant to an order of the Public Utilities Commission pursuant to Section 1202 of the Public Utilities Code, and in case of dispute, the Public Utilities Commission shall determine such share pursuant to this section. (b) This section shall become operative on January 1, 2008. SEC. 5. Section 2333.5 of the Streets and Highways Code is amended to read: 2333.5. (a) The department, in consultation with the Department of the California Highway Patrol, shall establish and administer a "Safe Routes to School" construction program pursuant to the authority granted under Section 152 of Title 23 of the United States Code and shall use federal transportation funds for construction of bicycle and pedestrian safety and traffic calming projects. (b) The department shall make grants available to local governmental agencies under the program based on the results of a statewide competition that requires submission of proposals for funding and rates those proposals on all of the following factors: (1) Demonstrated needs of the applicant. (2) Potential of the proposal for reducing child injuries and fatalities. (3) Potential of the proposal for encouraging increased walking and bicycling among students. (4) Identification of safety hazards. (5) Identification of current and potential walking and bicycling routes to school. (6) Consultation and support for projects by school-based associations, local traffic engineers, local elected officials, law enforcement agencies, school officials, and other relevant community stakeholders. (c) With respect to the use of funds provided in subdivision (a), prior to the award of any construction grant or the department's use of those funds for a "Safe Routes to School" construction project encompassing a freeway, state highway or county road, the department shall consult with, and obtain approval from, the Department of the California Highway Patrol, ensuring that the "Safe Routes to School" proposal compliments the California Highway Patrol's Pedestrian Corridor Safety Program and is consistent with its statewide pedestrian safety statistical analysis. (d) The department shall continue to study the effectiveness of the program established under this section, and shall submit, on or before March 1, 2007, a report of its findings to the Legislature. The report shall include, but need not be limited to, the following elements: (1) An evaluation of the program's impact on accident, injury, and fatality rates involving pedestrians or bicycles in the vicinity of the projects. As a subset, this element shall specifically address impacts on rates of fatalities and injuries to children. (2) An evaluation of the program's impact on rates of bicycling and walking as modes of transportation to or from schools located in the vicinity of the projects. (3) An evaluation of the potential safety effects of spending the program funds on other state and local safety programs, including a comparison of the relative safety effects of spending the available funds on the "Safe Routes to School" construction program or on the state and local highway safety programs and, to the extent possible within that comparison, the impacts on rates of fatalities and injuries to children. (e) The department is encouraged to coordinate with local law enforcement agencies' community policing efforts in establishing and maintaining the "Safe Routes to School" construction program. (f) This section shall remain in effect only until January 1, 2008, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2008, deletes or extends that date.