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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