BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 99
                                                                  Page  1

          Date of Hearing:   August 29, 2013

                            ASSEMBLY COMMITTEE ON BUDGET
                                Nancy Skinner, Chair
              SB 99 ( Budget and Fiscal Review Committee) - As Amended:   
                                   August 27, 2013

           SENATE VOTE  :   Vote not relevant
           
          SUBJECT  :   Transportation

           SUMMARY  :   Creates the "Active Transportation Program" which  
          would distribute funding for human-powered transportation  
          projects and programs.  Specifically,  this bill  :   

             1)   Defines the goals of the Active Transportation Program  
               as:

             a)   Increasing the proportion of trips accomplished by  
               biking and walking;

             b)   Increasing safety and mobility for non-motorized users;

             c)   Advancing active transportation efforts of regional  
               agencies to achieve the greenhouse gas reduction goals as  
               established pursuant to SB 375 (Chapter 728, Statues 2008);

             d)   Enhancing Public Health, including the reduction of  
               childhood obesity through the use of program funding,  
               including the use of Safe Routes to Schools programs;

             e)   Ensuring that disadvantaged communities fully share in  
               the benefit of the program; and, 

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


             2)   Articulates funding for the Active Transportation  
               Program by:

             a)   Specifying the program is funded with all federal  
               Transportation Alternative Program funding, except funds  
               for recreational trails, $21 million of federal Highway  
               Safety Improvement funds, and State Highway Account funds;








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             b)   Allocating forty percent of the funding to metropolitan  
               planning organizations in urban areas with populations  
               above 200,000 in proportion to their relative share of  
               populations

             c)   Allocating 10% of funding for small urban and rural  
               regions with populations below 200,000; and, 

             d)   Allocating half the funding to the California  
               Transportation Commission to program for projects on a  
               statewide basis, subject to guidelines.


             3)   Requires the California Transportation Commission to  
               develop guidelines and project selection criteria based  
               upon the goals of the program by:

             a)   Convening a working group of stakeholders to develop the  
               guidelines;

             b)   Requiring a minimum of 25% of overall Active  
               Transportation Program funding benefit disadvantaged  
               communities, as defined in the guidelines;

             c)   Specifying that the guidelines must be consistent with  
               the goals of the Active Transportation Program.

             d)   Providing a list of eligible project types and project  
               selection criteria that must be incorporated in the  
               guidelines.


             4)   Requires reporting to the Legislature on the guidelines  
               adopted by CTC and the status of the Active Transportation  
               program.

             5)   States Legislative intent that the Environmental  
               Enhancement and Mitigation Program fund receive $7 million  
               per year.

             6)   Consolidates the Bicycle Transportation Account and the  
               Bikeway Account with the State Highway Account on July 1,  
               2014.  









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             7)   Makes inoperative on July 1, 2014, certain existing  
               statutory provisions relating to the "Safe Routes to  
               Schools" program that contradict language in Active  
               Transportation Program.

             8)   Contains the reappropriation of $10 million 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.

           FISCAL EFFECT  :   This bill allocates federal and state  
          transportation funding already contained within the 2013-14  
          budget and will not require additional resources or costs to  
          implement.

           COMMENTS  :  This budget trailer bill makes statutory changes  
          necessary to implement the Active Transportation Program, which  
          changes the way the State allocates funds for various  
          human-powered transportation activities and programs.  The  
          Administration proposed this new program in the January 2013  
          budget proposal, but due to the complex nature of the programs,  
          and the scope of the changes proposed, the Legislature chose to  
          defer action on this proposal when adopting the June 15th budget  
          package and instead froze funds for these purposes and inserted  
          intent language that the program would be developed before the  
          end of the 2014 Legislative Session.

          The new Active Transportation Program will divide the $129.5  
          million for active transportation projects between the State and  
          Regions subject to guidelines that will be adopted by the  
          California Transportation Commission.  This replaces the current  
          system of small-dedicated grant programs, which fund programs  
          like Safe Routes to Schools, bicycle programs, and recreational  
          trails.  The intent of combining this funding is to improve the  
          flexibility of these funds and reduce the administrative burden  
          of having several small independent grant programs.  

          The Active Transportation Program, as articulated in this bill  
          and in budget bill provisions contained in SB 95/AB 101 differs  
          from the Administration's initial proposal in several areas.   
          These changes reflect compromises reached with various  
          stakeholders and mirror concerns raised about the proposal in  
          budget hearings.  Among these changes:









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                 Funding for the Environmental Enhancement and Mitigation  
               Program continues to remain a stand-alone programs  
               administered by the Natural Resource Agency instead of  
               being consolidated in the Active Transportation Program.

                 The Safe Routes to Schools program is guaranteed at  
               least $24 million of funding from the Statewide Active  
               Transportation Program funds for three years.  Of this  
               amount, at least $7.2 million is available for  
               non-infrastructure program needs including the continuation  
               of technical assistance by the State.  In the original  
               proposal, the Safe Routes to Schools program had no funding  
               minimum.

                 This proposal includes a requirement that 25% of all  
               program funds benefit disadvantaged communities, an  
               addition to the January proposal.

                 The State will not exercise its option to opt out of  
               using federal funds transportation funds for recreational  
               trails, which was initially part of the administration's  
               proposal.  In addition, the Department of Park and  
               Recreation will retain $3.4 million of federal funds for  
               recreational trails.


           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          None on File.
           
            Opposition 
           
          None on File.

           Analysis Prepared by  :    Christian Griffith / BUDGET / (916)  
          319-2099