BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                 UNFINISHED BUSINESS


          Bill No:  SB 99
          Author:   Senate Budget and Fiscal Review Committee
          Amended:  9/3/13
          Vote:     21


          PRIOR SENATE VOTES NOT RELEVANT

           ASSEMBLY FLOOR  :  Not Available


           SUBJECT  :    Budget Trailer Bill:  Active Transportation Plan

           SOURCE  :     Author


           DIGEST  :    This bill creates the "Active Transportation Program"  
          which distributes funding for human-powered transportation  
          projects and programs.

          Assembly Amendments  delete the Senate version of the bill, which  
          expressed legislative intent to enact statutory changes relating  
          to the Budget Act, and instead add the current language.

           ANALYSIS  :    

          This bill:

          1.Defines the goals of the "Active Transportation Program"  
            (Program) as:

             A.   Increasing the proportion of trips accomplished by  
               biking and walking;
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             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 (Steinberg, Chapter 728,  
               Statues of 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. 

          1.Articulates funding for the 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;

             B.   Allocating 40% 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 (CTC) to program for projects on  
               a statewide basis, subject to guidelines.

          1.Requires the CTC 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  

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               communities, as defined in the guidelines; 

             C.   Specifying that the guidelines must be consistent with  
               the goals of the Program; and

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

          1.Requires reporting to the Legislature on the guidelines  
            adopted by CTC and the status of the Program.

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

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

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

          5.Contains the re-appropriation of $10 million from the  
            Environmental Enhancement and Mitigation Program Fund to the  
            Secretary of the Natural Resources Agency (Secretary) for  
            grants awarded by the Secretary to support local environmental  
            enhancement and mitigation programs.

          6.Contains an appropriation allowing this bill to take effect  
            immediately upon enactment. 

           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  

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          the 2014 legislative session.

          The new 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 CTC.

          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 Program, as articulated in this bill and in Budget Bill  
          provisions contained in SB 95 (Senate Budget and Fiscal Review  
          Committee) and AB 101 (Assembly Budget Committee) 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:

          1.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 Program.

          2.The Safe Routes to Schools program is guaranteed at least $24  
            million of funding from the 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.

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

          4.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. 

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes    

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          Local:  No




          JA:ej  9/6/13   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  NONE RECEIVED

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