BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 105
          Author:   Assembly Budget Committee
          Amended:  8/30/13 in Senate
          Vote:     21

           
           SENATE BUDGET & FISCAL REVIEW COMMITTEE  :  10-1, 8/29/13
          AYES:  Leno, Emmerson, Beall, Block, DeSaulnier, Hancock,  
            Jackson, Monning, Roth, Wright
          NOES:  Anderson
          NO VOTE RECORDED:  Berryhill, Nielsen, Torres, Wyland, Vacancy

           ASSEMBLY FLOOR  :  Not relevant


           SUBJECT  :    Active Transportation Program

           SOURCE  :     Author


           DIGEST  :    This bill addresses changes to certain transportation  
          programs by consolidating several separate programs into a  
          consolidated program that addresses active transportation.  The  
          proposed Active Transportation Program (ATP) brings together all  
          or portions of five existing programs, consisting of the federal  
          Transportation Alternatives Program, (which includes the  
          Recreational Trails Program), the state and federal Safe Routes  
          to Schools programs, the state Environmental Enhancement and  
          Mitigation Program, and the state Bicycle Transportation  
          Account.

           ANALYSIS  :    Under existing law, California has established  
          funds and programs that address bicycling, walking, and other  
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          forms of human-powered transportation.  These programs are  
          funded at approximately $139.9 million annually through both  
          state and federal sources.  The specific programs are:

          1.The Bicycle Transportation Account is a program providing  
            state funds for city and county projects that improve safety  
            and convenience for bicycle commuters.  Projects must be  
            designed and developed to achieve the functional commuting  
            needs and the physical safety of bicyclists. Local agencies  
            first establish eligibility by preparing and adopting a  
            bicycle transportation plan approved by the local agency's  
            regional transportation planning agency.  Projects may include  
            new bikeways serving major transportation corridors, removal  
            of travel barriers to potential bicycle commuters,  
            bicycle-carrying facilities on public transit vehicles,  
            elimination of hazardous conditions on existing bikeways, and  
            improvement and maintenance of bikeways.

          2.Safe Routes to School consists of the state Safe Routes to  
            School (SR2S) and the federal Safe Routes to School (SRTS)  
            programs.  Federal and state components differ in some  
            respects, but both programs are intended to achieve the same  
            basic goal of increasing the number of children walking and  
            bicycling to school by funding projects that improve safety  
            and remove barriers.  Those barriers include lack of  
            infrastructure, unsafe infrastructure, and the lack of  
            programs that promote walking and bicycling through education.  
             SR2S and SRTS are intended to improve safety and establish  
            initiatives that promote walking and bicycling within a  
            collaborative community framework.  Projects could include  
            sidewalk, curb and gutter construction, crosswalk and signal  
            upgrades, multi-use paths and trails, intersection safety  
            improvements, median upgrades, and other infrastructure  
            investments.  The program also includes non-infrastructure  
            aspects, such as education and community outreach.

          3.The Environmental Enhancement and Mitigation Program was  
            established in 1989.  The program allows for the allocation of  
            $10 million annually to local, state, and federal agencies,  
            and nonprofit organizations for grants to mitigate the  
            environmental impacts of modified or new public transportation  
            facilities.  Funding is provided in the following categories  
            (a) Highway Landscaping and Urban Forestry projects designed  
            to offset vehicular emissions of carbon dioxide through  

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            planting of trees and other suitable plants, within or outside  
            the right-of-way of a related transportation facility; (b)  
            Acquisition of Resource Lands, including the acquisition,  
            restoration or enhancement of resource lands that protect or  
            enhance ecosystem watershed or other statewide natural  
            resources priorities.  These lands mitigate the loss of, or  
            the detriment to, resource lands laying within or near the  
            right-of-way acquired for transportation improvements; (c)  
            Roadside Recreation projects providing for development of  
            roadside recreational opportunities such as, roadside rests,  
            scenic overlooks, 'sno-parks,' trails, trailheads, and parks;  
            and (d) Mitigation Projects that mitigate the impact of  
            proposed transportation facilities or enhance the environment,  
            where the ability to effectuate the mitigation or enhancement  
            measures is beyond the scope of the lead agency responsible  
            for assessing the environmental impact of the proposed  
            transportation improvement.

          4.The Recreational Trails Program (RTP), as part of the federal  
            Transportation Alternative Program, provides funds to states  
            to develop and maintain recreational trails and trail-related  
            facilities for both non-motorized and motorized recreational  
            trail uses.  The RTP is an assistance program of the  
            Department of Transportation's Federal Highway Administration.  
             Federal transportation funds benefit recreation, including  
            hiking, bicycling, in-line skating, equestrian use,  
            cross-country skiing, snowmobiling, off-road motorcycling,  
            all-terrain vehicle-riding, four-wheel driving, or use of  
            other off-road motorized vehicles.

          The 2013 Budget Act (AB 110, Assembly Budget Committee, Chapter  
          20, Statutes of 2013) adopted language within each of the  
          programs indicating that funds appropriated for these programs  
          would not be available for expenditure until the Secretary of  
          Transportation convenes a working group regarding active  
          transportation and until legislation is enacted that creates a  
          new program to promote active transportation.  Active  
          transportation is defined as human powered transportation. 

          The bill establishes a consolidated ATP that would focus on  
          encouraging use of active modes of transportation, including  
          walking and biking.  The bill also expresses the intent of the  
          Legislature regarding the funding of various other programs and  
          makes various fund shifts.  Specifically, the legislation:

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          1.Consolidates programs and funding for the Bicycle  
            Transportation Account, state and federal Safe Routes to  
            Schools programs, and portions of the Environmental  
            Enhancement and Mitigation Program and Recreational Trails  
            Program, and establishes the ATP within the Department of  
            Transportation (Caltrans).  Expresses the intent of the  
            Legislature that the new program meet goals that include:  
            increasing the proportion of trips accomplished by bicycling  
            and walking; increasing safety and mobility of non-motorized  
            users; advancing active transportation efforts of regional  
            agencies to achieve greenhouse gas reduction; enhancing public  
            health; ensuring disadvantaged communities fully share in  
            program benefits; and funding a broad spectrum of types of  
            projects.

          2.Establishes that the ATP is funded by annual appropriations in  
            the state budget act with 100% of federal Transportation  
            Alternative Program funds (except for amounts of RTP funds  
            appropriated to the Department of Parks and Recreation); $21.0  
            million of Highway Safety Improvement funds or other federal  
            funds; State Highway Account (SHA) funds as appropriated in  
            the annual budget act; and other funds and resources as may  
            become available.

          3.Directs that funds received in the ATP be distributed as  
            follows:  40% to metropolitan planning organizations in urban  
            areas with populations of greater than 200,000 in proportion  
            to their relative population, awarded through a competitive  
            process; 10% to small urban and rural regions with populations  
            of 200,000 or less for projects competitively awarded by the  
            California Transportation Commission (CTC); and 50%  
            competitively awarded by the CTC on a statewide basis.  For  
            multicounty planning agencies, the multicounty planning agency  
            would consult with the county transportation agencies, the CTC  
            and Caltrans as part of the selection process.

          4.Directs the CTC to develop guidelines for project selection in  
            consultation with a designated ATP workgroup, which would be  
            formed to provide guidance on development of program  
            guidelines, schedules and procedures, project selection  
            criteria, performance measures, and program evaluation.  The  
            ATP workgroup is to be comprised of representatives of  
            government agencies and stakeholder groups.  Guidelines shall  

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            be adopted within six months following the enactment of ATP  
            legislation.

          5.Establishes that the guidelines shall be a complete statement  
            of policies and criteria that the CTC will use in selecting  
            projects, including project eligibility, application  
            timelines, application rating and ranking criteria, project  
            monitoring, reporting and transparency and performance  
            measurement.  The guidelines will include a process that  
            ensures that no less than 25% of overall ATP funds benefit  
            disadvantaged communities, as defined in the guidelines.  The  
            guidelines will be adopted by the CTC following at least two  
            public hearings and may be amended after conducting at least  
            one public hearing.

          6.Specifies that guidelines for project eligibility could  
            include, but not be limited to: development of new or  
            improvements to existing bikeways and walkways, bike parking  
            or carrying facilities, traffic control and intersection  
            improvements, elimination of hazardous conditions for active  
            transportation, recreational trail improvements, safe routes  
            to schools projects, and educational or other  
            non-infrastructure programs that increase active  
            transportation.

          7.Provides that the guidelines for project selection shall  
            include, but not be limited to, the following criteria:  
            demonstrated need of the applicant, potential for reducing  
            active transportation-related accidents, potential for  
            increasing active transportation, identification of safety  
            issues, identification of new routes for walking and biking,  
            public participation process, benefit to disadvantaged  
            communities, cost-effectiveness, adoption of various active  
            transportation plans, use of California Conservation Corps,  
            and other factors such as environmental aspects.  The CTC may  
            adopt separate guidelines for the state and regions, and  
            collaborate with the Department of Parks and Recreation for  
            projects funded by federal funds in the RTP.  The CTC will  
            also form an advisory group to assist with project  
            applications.

          8.Indicates that the guidelines for the use of federal  
            Transportation Alternative Program funds or other federal  
            funds will meet federal requirements and may include  

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            incentives intended to maximize the potential for attracting  
            additional funds.  Contains a legislative finding and  
            declaration that the ATP constitutes a highway purpose under  
            the California Constitution and justifies the expenditure of  
            highway funds on the selected projects. 

          9.Requires the CTC to report to the Joint Legislative Budget  
            Committee on its draft guidelines.  The CTC must also include  
            in its annual report a list of projects selected, breakdown of  
            types of projects funded, data on awards to disadvantaged  
            communities, and, in its 2015 report, an evaluation of the  
            program.
          
          Background

           Changes to the existing programs that address active  
          transportation was proposed by the Administration as part of the  
          2013 Governor's Budget.  The proposal was not adopted by the  
          Legislature and no alternative compromise proposal was reached  
          prior to the adoption of the 2013 Budget Act.  The budget bill  
          language in the 2013 Budget Act designating a process to adopt  
          legislation was designed to further discussions for a new ATP.   
          The bill is the result of extensive discussions involving the  
          Legislature, administration and stakeholders.

           Comments
           
          The consolidation of existing separate programs is intended to  
          add additional flexibility to the program, facilitate projects  
          that cross over various active transportation activities, allow  
          for funding of larger more comprehensive projects, and  
          streamline the application and approval process.  Budget bill to  
          be considered by the Legislature includes language that  
          addresses amounts set aside for safe routes to school projects  
          for the current year and the two years following.

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Budget and Fiscal Review Committee, this  
          bill consolidates funding for several existing programs into a  
          single program for active transportation.  There would be no  
          change in the aggregate level of funding.


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          JA:nl  8/30/13   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  NONE RECEIVED

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