California Legislature—2015–16 Regular Session

Assembly Bill No. 2796

Introduced by Assembly Members Low and Bloom

February 19, 2016

An act to amend Section 2381 of the Streets and Highways Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

AB 2796, as introduced, Low. Active Transportation Program.

Existing law creates the Active Transportation Program in the Department of Transportation for the purpose of encouraging increased use of active modes of transportation, such as biking and walking, with specified available funds to be awarded to eligible projects by the California Transportation Commission and regional transportation agencies. Existing law requires the commission to award 50% and 10% of available funds to projects statewide and to projects in small urban and rural regions, respectively, with the remaining 40% of available funds to be awarded to projects by metropolitan planning organizations, with the funds available for distribution by each metropolitan planning organization based on its relative population.

This bill would require a minimum of 5% of available funds in each of the 3 distribution categories to be awarded for planning and community engagement for active transportation in disadvantaged communities. The bill would also require a minimum of 10% and a maximum of 30% of all available Active Transportation Program funds to be programmed for noninfrastructure purposes.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Section 2381 of the Streets and Highways Code
is amended to read:

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.

begin insert

(b) (1) For each of the funding distribution categories in
paragraphs (1) to (3), inclusive, of subdivision (a), a minimum of
5 percent of available funds shall be awarded for planning and
community engagement for active transportation in disadvantaged
communities.

end insert begin insert

(2) A minimum of 10 percent and a maximum of 30 percent of
the total funding available for distribution pursuant to subdivision
(a) shall be programmed for noninfrastructure activities, including
activities relating to safe routes to school.

end insert begin delete

(b)

end delete

begin insert (c) end insert  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.

begin delete

(c)

end delete

begin insert (d) end insert  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.