Amended in Assembly August 27, 2013

Senate Bill No. 99

Introduced by Committee on Budget and Fiscal Review

January 10, 2013

begin delete An act relating to the Budget Act of 2013. end delete begin insert An act to amend Sections 164.56 and 2106 of, to amend the heading of Chapter 3 (commencing with Section 2100) of Division 3 of, to amend and repeal Sections 892.2, 892.4, 892.5, 892.6, 893, 893.2, 893.4, 893.6, 894, 894.2, and 2333.5 of, and to add Chapter 8 (commencing with Section 2380) to Division 3 of, the Streets and Highways Code, relating to transportation, and making an appropriation therefor, to take effect immediately, bill related to the budget. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 99, as amended, Committee on Budget and Fiscal Review. begin delete Budget Act of 2013. end delete begin insert Active Transportation Program. end insert

begin insert

Existing law establishes various transportation programs and associated funds and accounts, including the Bicycle Transportation Account, the Bikeway Account, and the Safe Routes to School Program. Existing federal law, pursuant to the Moving Ahead for Progress in the 21st Century Act, reconstitutes various federal transportation funding programs, including the former Transportation Enhancements Program, and creates the new federal Transportation Alternatives Program comprised of various former separate programs.

end insert begin insert

This bill would create the Active Transportation Program in the Department of Transportation, to be funded in the annual Budget Act from specified federal and state transportation funds, including 100% of the available federal Transportation Alternatives Program funds and federal Recreational Trails Program funds, except as specified, $21,000,000 of federal Highway Safety Improvement Program funds or other federal funds, a specified amount of fuel tax revenues from the Highway Users Tax Account and the State Highway Account, and from other available funds. The bill would provide for funds to be allocated to eligible projects by the California Transportation Commission, with 40% of available funds to be made available for programming by metropolitan planning organizations in urbanized areas with a population greater than 200,000, 10% for small urban and rural regions, and 50% on a statewide basis, with all awards to be made competitively, as specified. The bill would include among the authorized activities for the Active Transportation Program certain existing activities of the above-referenced programs and accounts. The bill would also add new authorized activities, as specified. The bill would require the commission to develop guidelines and procedures, including project selection criteria, for the program in consultation with various agencies and interested parties. The bill would require the commission to initially adopt a 2-year program of projects for the program, with subsequent 4-year programs thereafter. The bill would correspondingly eliminate the Bicycle Transportation Account, the Bikeway Account, and the Safe Routes to School Program as separate programs. The bill would require the Commission, no later then 45 days prior to adopting the initial set of final guidelines for the Active Transportation Program, to submit the draft guidelines to the Joint Legislative Budget Committee.

end insert begin insert

This bill would provide that no additional funds shall be transferred to the Bicycle Transportation Account. The bill would transfer the remaining assets and liabilities of the Bicycle Transportation Account and the Bikeway Account to the State Highway Account on July 1, 2014, and would provide that various provisions governing these programs become inoperative on July 1, 2014, and would be repealed on January 1, 2015.

end insert begin insert

Existing law creates the Environmental Enhancement and Mitigation Program Fund, and states the intent of the Legislature to allocate $10,000,000 annually to the fund, for expenditure on grants to specified agencies and nonprofit entities for various types of projects that are directly or indirectly related to the environmental impact of transportation facilities, including, among other things, highway landscaping and roadside recreational opportunities.

end insert begin insert

This bill would instead state the intent of the Legislature to allocate $7,000,000 annually to the fund, and would delete the reference to projects for highway landscaping and roadside recreational opportunities.

end insert begin insert

The bill would appropriate $10,000,000 from the Environmental Enhancement and Mitigation Program Fund to the Secretary of the Natural Resources Agency for grants awarded by the secretary to support local environmental enhancement and mitigation programs.

end insert begin insert

This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

end insert begin delete

This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2013.

end delete

Vote: majority. Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 164.56 of the end insert begin insert Streets and Highways Code end insert
begin insert is amended to read: end insert

164.56.  

(a) It is the intent of the Legislature to allocate begin delete ten end delete
begin insert seven end insert million dollars begin delete ($10,000,000) end delete begin insert ($7,000,000) end insert annually to the
Environmental Enhancement and Mitigation Program Fund, which
is hereby created.

(b) Local, state, and federal agencies and nonprofit entities may
apply for and may receive grants, not to exceed five million dollars
($5,000,000) for any single grant, to undertake environmental
enhancement and mitigation projects that are directly or indirectly
related to the environmental impact of modifying existing
transportation facilities or for the design, construction, or expansion
of new transportation facilities.

(c) Projects eligible for funding include, but are not limited to,
all of the following:

(1)  begin delete Highway landscaping and urban end delete begin insert Urban end insert begin insert end insert forestry projects
designed to offset vehicular emissions of carbon dioxide.

(2) Acquisition or enhancement of resource lands to mitigate
the loss of, or the detriment to, resource lands lying within the
right-of-way acquired for proposed transportation improvements.

begin delete

(3) Roadside recreational opportunities, including roadside rests,
trails, trailheads, and parks.

end delete begin delete

(4)

end delete

begin insert (3) end insert  Projects to mitigate the impact of proposed transportation
facilities or to 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.

(d) Grant proposals shall be submitted to the Resources Agency
for evaluation in accordance with procedures and criteria prescribed
by the Resources Agency. The Resources Agency shall evaluate
proposals submitted to it and prepare a list of proposals
recommended for funding. The list may be revised at any time.
Prior to including a proposal on the list, the Resources Agency
shall make a finding that the proposal is eligible for funding
pursuant to subdivision (f).

(e) Within the fiscal limitations of subdivisions (a) and (b), the
commission shall annually award grants to fund proposals that are
included on the list prepared by the Resources Agency pursuant
to subdivision (d).

(f) Projects funded pursuant to this section shall be projects that
contribute to mitigation of the environmental effects of
transportation facilities, as provided for by Section 1 of Article
XIX of the California Constitution.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 892.2 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

892.2.  

(a) The Bicycle Transportation Account is continued
in existence in the State Transportation Fund, and, notwithstanding
Section 13340 of the Government Code, the money in the account
is continuously appropriated to the department for expenditure for
the purposes specified in Section 892.4. Unexpended moneys shall
be retained in the account for use in subsequent fiscal years.

(b) Any reference in law or regulation to the Bicycle Lane
Account is a reference to the Bicycle Transportation Account.

begin insert

(c) All assets and liabilities of the Bicycle Transportation
Account shall become assets and liabilities of the State Highway
Account before July 1, 2014.

end insert begin insert

(d) This section shall become inoperative on July 1, 2014, and,
as of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 892.4 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

892.4.  

The department shall allocate and disburse moneys from
the Bicycle Transportation Account according to the following
priorities:

(a) To the department, the amounts necessary to administer this
article, not to exceed 1 percent of the funds expended per year.

(b) To counties and cities, for bikeways and related facilities,
planning, safety and education, in accordance with Section 891.4.

begin insert

(c) This section shall become inoperative on July 1, 2014, and,
as of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 892.5 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

892.5.  

The Bikeway Account, created in the State
Transportation Fund by Chapter 1235 of the Statutes of 1975, is
continued in effect, and, notwithstanding Section 13340 of the
Government Code, money in the account is hereby continuously
appropriated to the department for expenditure for the purposes
specified in this chapter. begin delete Unexpended money shall be retained in
the account for use in subsequent fiscal years. end delete

begin insert

All assets and liabilities of the Bikeway Account shall become
assets and liabilities of the State Highway Account before July 1,
2014.

end insert begin insert

This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2015, deletes or extends
the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 892.6 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

892.6.  

The Legislature finds and declares that the construction
of bikeways pursuant to this article constitutes a highway purpose
under Article XIX of the California Constitution and justifies the
expenditure of highway funds therefor.

begin insert

This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2015, deletes or extends
the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 893 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

893.  

The department shall disburse the money from the Bicycle
Transportation Account pursuant to Section 891.4 for projects that
improve the safety and convenience of bicycle commuters,
including, but not limited to, any of the following:

(a) New bikeways serving major transportation corridors.

(b) New bikeways removing travel barriers to potential bicycle
commuters.

(c) Secure bicycle parking at employment centers, park-and-ride
lots, rail and transit terminals, and ferry docks and landings.

(d) Bicycle-carrying facilities on public transit vehicles.

(e) Installation of traffic control devices to improve the safety
and efficiency of bicycle travel.

(f) Elimination of hazardous conditions on existing bikeways.

(g) Planning.

(h) Improvement and maintenance of bikeways.

In recommending projects to be funded, due consideration shall
be given to the relative cost effectiveness of proposed projects.

begin insert

This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2015, deletes or extends
the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 893.2 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

893.2.  

The department shall not finance projects with the
money in accounts continued in existence pursuant to this article
which could be financed appropriately pursuant to Article 2
(commencing with Section 887), or fully financed with federal
financial assistance.

begin insert

This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2015, deletes or extends
the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 893.4 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

893.4.  

If available funds are insufficient to finance completely
any project whose eligibility is established pursuant to Section
893, the project shall retain its priority for allocations in subsequent
fiscal years.

begin insert

This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2015, deletes or extends
the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 893.6 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

893.6.  

The department shall make a reasonable effort to
disburse funds in general proportion to population. However, no
applicant shall receive more than 25 percent of the total amounts
transferred to the Bicycle Transportation Account in a single fiscal
year.

begin insert

This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2015, deletes or extends
the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 894 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

894.  

The department may enter into an agreement with any
city or county concerning the handling and accounting of the
money disbursed pursuant to this article, including, but not limited
to, procedures to permit prompt payment for the work
accomplished.

begin insert

This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2015, deletes or extends
the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 894.2 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

894.2.  

The department, in cooperation with county and city
governments, shall adopt the necessary guidelines for implementing
this article.

begin insert

This section shall become inoperative on July 1, 2014, and, as
of January 1, 2015, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2015, deletes or extends
the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert The heading of Chapter 3 (commencing with Section
2100) of Division 3 of the end insert begin insert Streets and Highways Code end insert begin insert is amended
to read: end insert

 

Chapter  3. Highway Users Tax begin delete Fund end delete begin insert Account end insert

 

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 2106 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

2106.  

Notwithstanding Section 13340 of the Government Code,
a sum equal to the net revenue derived from one and four
one-hundredths cent ($0.0104) per gallon tax under the Motor
Vehicle Fuel License Tax Law (Part 2 (commencing with Section
7301) of Division 2 of the Revenue and Taxation Code) shall be
apportioned monthly from the Highway Users Tax Account in the
Transportation Tax Fund among the counties and cities as follows:

(a) Four hundred dollars ($400) per month shall be apportioned
to each city and city and county and eight hundred dollars ($800)
per month shall be apportioned to each county and city and county.

(b)  begin delete Commencing on July 31, 2007, and on end delete begin insert On end insert the last day of
each month begin delete after that date end delete , the sum of six hundred thousand dollars
($600,000) begin delete per month end delete shall be transferred to the begin delete Bicycle
Transportation end delete begin insert State Highway end insert Account in the State Transportation
Fund begin insert for the Active Transportation Program pursuant to Chapter
8 (commencing with Section 2380) end insert . begin insert For each month in the 2013-14
fiscal year that has passed prior to the enactment of the bill adding
this sentence, six hundred thousand dollars ($600,000) shall be
immediately transferred from the Bicycle Transportation Account
to the State Highway Account in the State Transportation Fund
for the Active Transportation Program, less any amount already
expended for that program from the Bicycle Transportation
Account during the 2013-14 fiscal year. end insert

(c) The balance shall be apportioned, as follows:

(1) A base sum shall be computed for each county by using the
same proportions of fee-paid and exempt vehicles as are established
for purposes of apportionment of funds under subdivision (d) of
Section 2104.

(2) For each county, the percentage of the total assessed
valuation of tangible property subject to local tax levies within the
county which is represented by the assessed valuation of tangible
property outside the incorporated cities of the county shall be
applied to its base sum, and the resulting amount shall be
apportioned to the county. The assessed valuation of taxable
tangible property, for purposes of this computation, shall be that
most recently used for countywide tax levies as reported to the
Controller by the State Board of Equalization. If an incorporation
or annexation is legally completed following the base sum
computation, the new city’s assessed valuation shall be deducted
from the county’s assessed valuation, the estimate of which may
be provided by the State Board of Equalization.

(3) The difference between the base sum for each county and
the amount apportioned to the county shall be apportioned to the
cities of that county in the proportion that the population of each
city bears to the total population of all the cities in the county.
Populations used for determining apportionment of money under
Section 2107 are to be used for purposes of this section.

(d) (1) Transfers of revenues from the Highway Users Tax
Account to counties or cities pursuant to this section collected
during the months of March, April, May, June, and July of 2008,
shall be made with the transfer of August 2008 revenues in
September of 2008. This suspension shall not apply to a county
with a population of less than 40,000.

(2) For the purpose of meeting the cash obligations associated
with ongoing budgeted costs, a city or county may make use of
any cash balance in the city account that is designated for the
receipt of state funds allocated for local streets and roads or the
county road fund, including that resulting from the receipt of funds
pursuant to the Highway Safety, Traffic Reduction, Air Quality,
and Port Security Bond Act of 2006 (Chapter 12.49 (commencing
with Section 8879.20) of Division 1 of Title 2 of the Government
Code (hereafter bond act)) for local streets and roads maintenance,
during the period of this suspension, without the use of this cash
being reflected as an expenditure of bond act funds, provided the
cash is replaced once this suspension is repaid in September of
2008. Counties and cities may accrue the revenue received in
September 2008 as repayment of these suspensions for the months
of April, May, and June of 2008 back to the 2007-08 fiscal year.
Nothing in this paragraph shall change the fact that expenditures
must be accrued and reflected from the appropriate funding sources
for which the moneys were received and meet all the requirements
of those funding sources.

(e) (1) The transfer of revenues from the Highway Users Tax
Account to counties or cities pursuant to this section collected
during the months of January, February, and March 2009, shall be
made with the transfer of April 2009 revenues in May 2009.

(2) For the purpose of meeting the cash obligations associated
with ongoing budgeted costs, a city or county may make use of
any cash balance in the city account that is designated for the
receipt of state funds allocated for local streets and roads or the
county road fund, including that resulting from the receipt of funds
pursuant to the Highway Safety, Traffic Reduction, Air Quality,
and Port Security Bond Act of 2006 (Chapter 12.49 (commencing
with Section 8879.20) of Division 1 of Title 2 of the Government
Code (bond act)) for local streets and roads maintenance, during
the period of this suspension, and the use of this cash shall not be
considered as an expenditure of bond act funds, if the cash is
replaced when the payments that are suspended pursuant to this
subdivision are repaid in May 2009.

(3) This subdivision shall not affect any requirement that an
expenditure is required to be accrued and reflected from the
appropriate funding source for which the money was received and
to meet all the requirements of its funding source.

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 2333.5 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

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) Use of a public participation process, including, but not
limited to, a public meeting that satisfies all of the following:

(A) Involves the public, schools, parents, teachers, local
agencies, the business community, key professionals, and others.

(B) Identifies community priorities and gathers community
input to guide the development of projects included in the proposal.

(C) Ensures that community priorities are reflected in the
proposal.

(D) Secures support for the proposal by relevant stakeholders.

(7) Benefit to a low-income school, defined for purposes of this
section to mean a school where at least 75 percent of students are
eligible to receive free or reduced-price meals under the National
School Lunch Program.

(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 complements 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.

(g) In the development of guidelines and procedures governing
this program, the department shall fully consider the needs of
low-income schools.

(h) Up to 10 percent of program funds may be used to assist
eligible recipients in making infrastructure improvements, other
than schoolbus shelters, that create safe routes to schoolbus stops
that are located outside the vicinity of schools.

begin insert

(i) This section shall become inoperative on July 1, 2014, and,
as of January 1, 2015, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2015, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Chapter 8 (commencing with Section 2380) is added
to Division 3 of the end insert begin insert Streets and Highways Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 8. end insert Active Transportation Program

 

begin insert 2380. end insert   

There is hereby established the Active Transportation
Program in the department for the purpose of encouraging
increased use of active modes of transportation, such as biking
and walking. It is the intent of the Legislature that the program
achieve all of the following goals:

(a) Increase the proportion of trips accomplished by biking and
walking.

(b) Increase safety and mobility for nonmotorized users.

(c) Advance the active transportation efforts of regional agencies
to achieve greenhouse gas reduction goals as established pursuant
to SB 375 (Chapter 728, Statutes of 2008) and SB 391 (Chapter
585, Statutes of 2009).

(d) Enhance public health, including reduction of childhood
obesity through the use of programs including, but not limited to,
projects eligible for Safe Routes to School Program funding.

(e) Ensure that disadvantaged communities fully share in the
benefits of the program.

(f) Provide a broad spectrum of projects to benefit many types
of active transportation users.

begin insert 2381. end insert   

(a) The Active Transportation Program shall be funded
by state and federal funds from appropriations in the annual
Budget Act. Funds for the program shall be appropriated to the
department, for allocation by the commission. The amount to be
appropriated shall include 100 percent of the federal
Transportation Alternative Program funds, except for any federal
Recreational Trails Program funds appropriated to the Department
of Parks and Recreation; twenty-one million dollars ($21,000,000)
of federal Highway Safety Improvement funds or other federal
funds; and State Highway Account funds. Future funding may be
augmented if state or federal funds increase, or if other funding
sources are identified. Funds appropriated for the Active
Transportation Program shall be distributed as follows:

(1) Forty percent to metropolitan planning organizations in
urban areas with populations greater than 200,000, in proportion
to their relative share of population. Funds allocated under this
paragraph shall be obligated for eligible projects selected through
a competitive process by the metropolitan planning organizations
in consultation with the department and the commission and in
accordance with guidelines established pursuant to this chapter.

(2) Ten percent to small urban and rural regions with
populations of 200,000 or less, with projects competitively awarded
by the commission to projects in those regions.

(3) Fifty percent to projects competitively awarded by the
commission on a statewide basis.

(b) For the purpose of paragraph (1) of subdivision (a), the
following shall apply in the region served by the multicounty
designated transportation planning agency described in Section
130004 of the Public Utilities Code:

(1) The multicounty designated transportation planning agency
shall consult with the county transportation commissions created
pursuant to Sections 130050, 130050.1, and 132800 of the Public
Utilities Code, the commission, and the department in the
development of competitive selection criteria to be adopted by the
multicounty designated transportation planning agency, which
should include consideration of geographic equity, consistent with
program objectives.

(2) The multicounty designated transportation planning agency
shall place priority on projects that are consistent with plans
adopted by local and regional governments within the county
where the project is located.

(3) The multicounty designated transportation planning agency
shall obtain concurrence from the county transportation
commissions, adopt the projects selected in a comprehensive
program of projects, and make funds available to selected project
recipients.

(c) The Legislature finds and declares that the program
described in this chapter constitutes a highway purpose under
Article XIX of the California Constitution and justifies the
expenditure of highway funds therefor, and all expenditures of
Article XIX funds under this program shall be consistent with
Article XIX.

begin insert 2382. end insert   

(a) The California Transportation Commission shall
develop guidelines and project selection criteria for the Active
Transportation Program in consultation with the Active
Transportation Program Workgroup, which shall be formed for
purposes of providing guidance on matters including, but not
limited to, development of and subsequent revisions to program
guidelines, schedules and procedures, project selection criteria,
performance measures, and program evaluation. The workgroup
shall include, but not be limited to, representatives of government
agencies and active transportation stakeholder organizations with
expertise in pedestrian and bicycle issues, including Safe Routes
to School programs.

(b) The guidelines shall be the complete and full statement of
the policies and criteria that the commission intends to use in
selecting projects to be included in the program. The guidelines
shall address subjects that include, but are not limited to, project
eligibility, application timelines, application rating and ranking
criteria, project monitoring, reporting, and transparency, and
project performance measurement.

(c) The guidelines shall include a process to ensure that no less
than 25 percent of overall program funds benefit disadvantaged
communities during each program cycle. The guidelines shall
establish a program definition for disadvantaged communities that
may include, but need not be limited to, the definition in Section
39711 of the Health and Safety Code and the definition of
low-income schools in paragraph (7) of subdivision (b) of former
Section 2333.5, as that section read on January 1, 2013. A project
eligible under this subdivision shall clearly demonstrate a benefit
to a disadvantaged community or be directly located in a
disadvantaged community.

(d) The California Transportation Commission shall adopt the
guidelines and selection criteria for, and define the types of
projects eligible to be funded through, the program following at
least two public hearings. Projects funded in this program shall
be limited to active transportation projects. The guidelines shall
ensure that eligible projects meet one or more of the goals set forth
in Section 2380 and may give increased weight to projects meeting
multiple goals.

(e) In developing the guidelines with regard to project eligibility,
the commission shall include, but need not be limited to, the
following project types:

(1) Development of new bikeways and walkways, or
improvements to existing bikeways and walkways, that improve
mobility, access, or safety for nonmotorized users.

(2) Secure bicycle parking at employment centers, park and
ride lots, rail and transit stations, and ferry docks and landings.

(3) Bicycle-carrying facilities on public transit, including rail
and ferries.

(4) Installation of traffic control devices to improve the safety
of pedestrians and bicyclists.

(5) Elimination of hazardous conditions on existing bikeways
and walkways.

(6) Maintenance of bikeways and walkways.

(7) Recreational trails and trailheads, park projects that
facilitate trail linkages or connectivity to nonmotorized corridors,
and conversion of abandoned railroad corridors to trails.

(8) Safe Routes to School projects that improve the safety of
children walking and bicycling to school, in accordance with
Section 1404 of Public Law 109-59.

(9) Safe routes to transit projects, which will encourage transit
by improving biking and walking routes to mass transportation
facilities and school bus stops.

(10) Educational programs to increase biking and walking, and
other noninfrastructure investments that demonstrate effectiveness
in increasing active transportation.

(f) In developing the guidelines with regard to project selection,
the commission shall include, but need not be limited to, the
following criteria:

(1) Demonstrated needs of the applicant.

(2) Potential for reducing pedestrian and bicyclist injuries and
fatalities.

(3) Potential for encouraging increased walking and bicycling,
especially among students.

(4) Identification of safety hazards for pedestrians and bicyclists.

(5) Identification of walking and bicycling routes to and from
schools, transit facilities, and community centers.

(6) Identification of the local public participation process that
culminated in the project proposal, which may include noticed
public meetings and consultation with local stakeholders.

(7) Benefit to disadvantaged communities. In developing
guidelines relative to this paragraph, the commission shall
consider, but need not be limited to, the definition of disadvantaged
communities as applied pursuant to subdivision (c).

(8) Cost-effectiveness, defined as maximizing the impact of the
funds provided.

(9) The adoption by a city or county applicant of a bicycle
transportation plan, pursuant to Section 891.2, a pedestrian plan,
a safe routes to school plan, or an overall active transportation
plan.

(10) Use of California Conservation Corps or qualified
community conservation corps, as defined in Section 14507.5 of
the Government Code, as partners to undertake or construct
applicable projects in accordance with Section 1524 of Public
Law 112-141.

(11) Other factors, such as potential for reducing congestion,
improving air quality, reducing greenhouse gas emissions, and
increasing and improving connectivity and mobility of
nonmotorized users.

(g) For the use of federal Transportation Alternative Program
funds, or other federal funds, commission guidelines shall meet
all applicable federal requirements.

(h) For the use of federal Highway Safety Improvement Program
funds for active transportation projects specific to reducing
fatalities and serious injuries, the criteria for the selection of
projects shall be based on a data-driven process that is aligned
with the state’s Strategic Highway Safety Plan.

(i) The guidelines may include incentives intended to maximize
the potential for attracting funds other than program funds for
eligible projects.

(j) In reviewing and selecting projects funded by federal funds
in the Recreational Trails Program, the commission shall
collaborate with the Department of Parks and Recreation to
evaluate proposed projects, and to ensure federal requirements
are met.

(k) To ensure that regional agencies charged with allocating
funds to projects pursuant to paragraph (1) of subdivision (a) of
Section 2381 have sufficient discretion to develop regional
guidelines, the commission may adopt separate guidelines for the
state and for the regional agencies relative to subdivision (f).

begin insert 2383. end insert   

The commission may amend the adopted guidelines after
conducting at least one public hearing. The commission shall make
a reasonable effort to amend the guidelines prior to the call for
projects or may extend the deadline for project submission in order
to comply with the new guidelines.

begin insert 2384. end insert   

The commission shall adopt a program of projects to
receive allocations under this chapter. The guidelines for an initial
two-year program of projects shall be adopted within six months
of the enactment of the act enacting this section. The commission
shall adopt each subsequent program not later than April 1 of
each odd-numbered year, but may alternatively elect to adopt a
program annually. Each program shall cover a period of four
fiscal years, beginning July 1 of the year of adoption, and shall
be a statement of intent by the commission for the allocation or
expenditure of funds during those four fiscal years. The commission
shall form a multidisciplinary advisory group to assist it in
evaluating project applications.

begin insert 2385. end insert   

The department shall administer the program consistent
with the guidelines adopted pursuant to this chapter.

end insert

begin insert

begin insert SEC. 16. end insert   

end insert begin insert

(a) No later than 45 days prior to adopting the initial
set of final guidelines for the Active Transportation Program, the
California Transportation Commission shall submit the draft
guidelines to the Joint Legislative Budget Committee.

end insert begin insert

(b) The California Transportation Commission shall either
include in its 2014 annual report to the Legislature prepared
pursuant to Section 14536 of the Government Code, or post to the
commission’s Web site, with notice to the Joint Legislative Budget
Committee, a summary of the first programming cycle of the Active
Transportation Program. The information provided shall include,
but need not be limited to, a list of all projects selected at both the
state and regional levels, a breakdown of the project types that
received grant awards, information on grants awarded to
disadvantaged communities, and a breakdown by region of grants
awarded.

end insert begin insert

(c) The California Transportation Commission shall include in
its 2015 annual report to the Legislature prepared pursuant to
Section 14536 of the Government Code an evaluation of the Active
Transportation Program. The evaluation shall include, but need
not be limited to, a summary of the projects awarded and a
summary of the projects completed to date by project type,
geographic distribution, and benefit to disadvantaged communities.
The commission shall also report on the effectiveness of the
program in terms of planned and achieved improvement in mobility
and safety and timely use of program funds.

end insert

begin insert

begin insert SEC. 17. end insert   

end insert begin insert

The sum of ten million dollars ($10,000,000) is hereby
appropriated from the Environmental Enhancement and Mitigation
Program Fund to the Secretary of the Natural Resources Agency
for grants awarded by the secretary to support local environmental
enhancement and mitigation programs. Notwithstanding any other
provision of law, these funds shall be available for allocation until
June 30, 2015, and available for encumbrance and liquidation by
the recipient local agency until June 30, 2019.

end insert

begin insert

begin insert SEC. 18. end insert   

end insert begin insert

This act is a bill providing for appropriations related
to the Budget Bill within the meaning of subdivision (e) of Section
12 of Article IV of the California Constitution, has been identified
as related to the budget in the Budget Bill, and shall take effect
immediately.

end insert

begin delete

SECTION 1.  

It is the intent of the Legislature to enact statutory
changes relating to the Budget Act of 2013.

end delete