BILL NUMBER: AB 57 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 4, 2007
AMENDED IN SENATE JULY 20, 2007
AMENDED IN SENATE JULY 16, 2007
AMENDED IN SENATE JUNE 27, 2007
AMENDED IN ASSEMBLY JUNE 1, 2007
AMENDED IN ASSEMBLY MARCH 28, 2007
INTRODUCED BY Assembly Member Soto
(Principal coauthors: Assembly Members Leno and Nava)
(Coauthors: Assembly Members Carter, DeVore, Dymally, Huffman,
Mendoza, and Portantino)
(Coauthor: Senator Torlakson)
DECEMBER 4, 2006
An act to amend Section 2333.5 of, to amend and repeal Sections
2331 and 2333 of, and to add and repeal Section 2333.6 of, the
Streets and Highways Code, relating to highways.
LEGISLATIVE COUNSEL'S DIGEST
AB 57, as amended, Soto. Highways: federal funds: Safe Routes to
School.
Existing law authorizes certain state and local entities to secure
and expend federal funds appropriated under the federal Highway
Safety Act of 1973 for a number of programs relating to projects for
the improvement of highway safety and the reduction of traffic
congestion.
This bill would instead authorize those state and local entities
to secure and expend federal funds appropriated under the federal act
known as SAFETEA-LU for programs relating to highway safety
improvements that can reduce the number of fatal and serious injury
accidents, as specified. The bill would declare the Legislature's
intent that these federal funds be allocated in approximately equal
amounts between state highways and local roads.
Existing law 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.
Existing law requires the department to make grants available to
local agencies under the program through a competitive grant process.
This bill would extend indefinitely the department's authority to
establish and administer that program, without reference to federal
law or federal funding, but would require that any federal funding
received for "Safe Routes to School" projects shall be distributed
under the competitive grant process. The bill would ,
beginning in the 2008-09 fiscal years, require the Governor's annual
proposed budget submitted to the Legislature to include $24,250,000
to be drawn from the State Highway Account for require
any annual budget allocation to fund grants under the "Safe
Routes to School" construction program to be in addition to any
federal funding received by the state for projects under the program
. The bill would also authorize the department to administer
the competitive grant program, as it existed prior to the enactment
of the bill, with respect to any funds allocated during the 2006-07
and 2007-08 fiscal years.
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. The Safe, Accountable, Flexible, Efficient Transportation
Equity Act-A Legacy for Users of 2005 (Public Law 109-059), also
known as SAFETEA-LU, elevated the Highway Safety Improvement Program
(HSIP) to a core program (23 U.S.C. Sec. 148). SAFETEA-LU authorized
appropriations for programs relating to highway safety improvements
that can reduce the number of fatal and serious injury accidents. The
core HSIP program includes two set-aside programs: the
railway-highway crossing program (23 U.S.C. Sec. 130) and the
high-risk rural roads program (23 U.S.C. Sec. 148(f)). 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.
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.
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. 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. It is the intent of the Legislature that the commission
allocate the total funds received from the federal government under
Section 148 of Title 23 of the United States Code in approximately
equal amounts between state highways and local roads. 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.
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.
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 for construction of
bicycle and pedestrian safety and traffic calming projects.
(b) The department shall award grants 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) Each annual budget prepared pursuant to Section 12 of Article
IV of the California Constitution shall, beginning in the 2008-09
fiscal year, include funding for the grants described in subdivision
(b) to be drawn from the State Highway Account in the amount of
twenty-four million two hundred fifty thousand dollars ($24,250,000),
which sum represents the average allocations from fiscal years
2000-01 to 2006-07, inclusive. This budget allocation
(c) Any annual budget allocation to
fund grants described in subdivision (b) shall be in addition
to any federal funding received by the state that is designated for
"Safe Routes to School" projects pursuant to Section 1404 of
SAFETEA-LU or any similar program funded through a subsequent
transportation act.
(d) Any federal funding received by the state that is designated
for "Safe Routes to School" projects shall be distributed by the
department under the competitive grant process, consistent with all
applicable federal requirements.
(e) 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.
(f) The department is encouraged to coordinate with law
enforcement agencies' community policing efforts in establishing and
maintaining the "Safe Routes to School" construction program.
SEC. 6. Section 2333.6 is added to the Streets and Highways Code,
to read:
2333.6. (a) Consistent with applicable laws governing the
encumbrance and expenditure of funds, the department may administer
the competitive grant program authorized under Section 2333.5, as
amended by Chapter 392 of the Statutes of 2004, for purposes of
awarding grants, and encumbering and expending any funds allocated by
the commission during the 2006-07 and 2007-08 fiscal years pursuant
to Section 2333 as amended by that chapter.
(b) For any funds allocated by the commission during the 2006-07
and 2007-08 fiscal years pursuant to Section 2333, as amended by
Section 3 of Chapter 392 of the Statutes of 2004, 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 148 of Title 23 of the United States Code.
(c) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is chaptered before January 1, 2013, deletes or extends
that date.