BILL NUMBER: SB 99	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 10, 2013
	PASSED THE ASSEMBLY  SEPTEMBER 6, 2013
	AMENDED IN ASSEMBLY  SEPTEMBER 3, 2013
	AMENDED IN ASSEMBLY  AUGUST 27, 2013

INTRODUCED BY   Committee on Budget and Fiscal Review

                        JANUARY 10, 2013

   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.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 99, Committee on Budget and Fiscal Review. Active
Transportation Program.
   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.
   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 funded by 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 than 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.
   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.
   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.
   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.
   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.
   This bill would declare that it is to take effect immediately as a
bill providing for appropriations related to the Budget Bill.
   Appropriation: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 164.56 of the Streets and Highways Code is
amended to read:
   164.56.  (a) It is the intent of the Legislature to allocate seven
million dollars ($7,000,000) 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) Urban 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.
   (3) 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.
  SEC. 2.  Section 892.2 of the Streets and Highways Code is amended
to read:
   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.
   (c) All assets and liabilities of the Bicycle Transportation
Account shall become assets and liabilities of the State Highway
Account before July 1, 2014.
   (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.
  SEC. 3.  Section 892.4 of the Streets and Highways Code is amended
to read:
   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.
   (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.
  SEC. 4.  Section 892.5 of the Streets and Highways Code is amended
to read:
   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.
   All assets and liabilities of the Bikeway Account shall become
assets and liabilities of the State Highway Account before July 1,
2014.
   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.
  SEC. 5.  Section 892.6 of the Streets and Highways Code is amended
to read:
   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.
   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.
  SEC. 6.  Section 893 of the Streets and Highways Code is amended to
read:
   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.
   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.
  SEC. 7.  Section 893.2 of the Streets and Highways Code is amended
to read:
   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.
   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.
  SEC. 8.  Section 893.4 of the Streets and Highways Code is amended
to read:
   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.
   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.
  SEC. 9.  Section 893.6 of the Streets and Highways Code is amended
to read:
   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.
   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.
  SEC. 10.  Section 894 of the Streets and Highways Code is amended
to read:
   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.
   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.
  SEC. 11.  Section 894.2 of the Streets and Highways Code is amended
to read:
   894.2.  The department, in cooperation with county and city
governments, shall adopt the necessary guidelines for implementing
this article.
   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.
  SEC. 12.  The heading of Chapter 3 (commencing with Section 2100)
of Division 3 of the Streets and Highways Code is amended to read:
      CHAPTER 3.  HIGHWAY USERS TAX ACCOUNT


  SEC. 13.  Section 2106 of the Streets and Highways Code is amended
to read:
   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) On the last day of each month, the sum of six hundred thousand
dollars ($600,000) shall be transferred to the State Highway Account
in the State Transportation Fund for the Active Transportation
Program pursuant to Chapter 8 (commencing with Section 2380). 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.
   (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.
  SEC. 14.  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) 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.
   (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.
  SEC. 15.  Chapter 8 (commencing with Section 2380) is added to
Division 3 of the Streets and Highways Code, to read:
      CHAPTER 8.  ACTIVE TRANSPORTATION PROGRAM


   2380.  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
Senate Bill 375 (Chapter 728, Statutes of 2008) and Senate Bill 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.
   2381.  (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.
   2382.  (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 schoolbus 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 Public
Resources 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).
   2383.  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.
   2384.  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.
   2385.  The department shall administer the program consistent with
the guidelines adopted pursuant to this chapter.
  SEC. 16.  (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.
   (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.
   (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.
  SEC. 17.  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.
  SEC. 18.  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.