BILL NUMBER: AB 57	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Soto

                        DECEMBER 4, 2006

   An act to amend Section 2333.5 of, and to amend and repeal
Sections 2331 and 2333 of, the Streets and Highways Code, relating to
highways.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 57, as introduced, Soto. Highways: Safe Routes to School
construction program.
   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, including projects for
bicycles and pedestrian safety and traffic calming measures in
high-hazard locations. 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, 2008.
   Existing law also requires, until January 1, 2008, 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.
   This bill would delete the January 1, 2008, repeal date for these
provisions, thereby extending the provisions indefinitely, and would
make related changes.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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 392 of the Statutes of 2004, 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 amended
by Section 2 of Chapter 392 of the Statutes of 2004, is repealed.

   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 3 of Chapter 392 of the Statutes of 2004, 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 amended
by Section 4 of Chapter 392 of the Statutes of 2004, is repealed.

   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.