California Legislature—2015–16 Regular Session

Assembly BillNo. 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:

P2    1

SECTION 1.  

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

3

2381.  

(a) The Active Transportation Program shall be funded
4by state and federal funds from appropriations in the annual Budget
5Act. Funds for the program shall be appropriated to the department,
6for allocation by the commission. The amount to be appropriated
7shall include 100 percent of the federal Transportation Alternative
8Program funds, except for any federal Recreational Trails Program
9funds appropriated to the Department of Parks and Recreation;
10twenty-one million dollars ($21,000,000) of federal Highway
11Safety Improvement funds or other federal funds; and State
12Highway Account funds. Future funding may be augmented if
13state or federal funds increase, or if other funding sources are
14identified. Funds appropriated for the Active Transportation
15Program shall be distributed as follows:

16(1) Forty percent to metropolitan planning organizations in
17urban areas with populations greater than 200,000, in proportion
18to their relative share of population. Funds allocated under this
19paragraph shall be obligated for eligible projects selected through
20a competitive process by the metropolitan planning organizations
21in consultation with the department and the commission and in
22accordance with guidelines established pursuant to this chapter.

23(2) Ten percent to small urban and rural regions with populations
24of 200,000 or less, with projects competitively awarded by the
25commission to projects in those regions.

26(3) Fifty percent to projects competitively awarded by the
27commission on a statewide basis.

begin insert

28(b) (1) For each of the funding distribution categories in
29paragraphs (1) to (3), inclusive, of subdivision (a), a minimum of
305 percent of available funds shall be awarded for planning and
31community engagement for active transportation in disadvantaged
32communities.

end insert
begin insert

33(2) A minimum of 10 percent and a maximum of 30 percent of
34the total funding available for distribution pursuant to subdivision
35(a) shall be programmed for noninfrastructure activities, including
36activities relating to safe routes to school.

end insert
begin delete

37(b)

end delete

P3    1begin insert(c)end insert For the purpose of paragraph (1) of subdivision (a), the
2following shall apply in the region served by the multicounty
3designated transportation planning agency described in Section
4130004 of the Public Utilities Code:

5(1) The multicounty designated transportation planning agency
6shall consult with the county transportation commissions created
7pursuant to Sections 130050, 130050.1, and 132800 of the Public
8Utilities Code, the commission, and the department in the
9development of competitive selection criteria to be adopted by the
10multicounty designated transportation planning agency, which
11should include consideration of geographic equity, consistent with
12program objectives.

13(2) The multicounty designated transportation planning agency
14shall place priority on projects that are consistent with plans
15adopted by local and regional governments within the county where
16 the project is located.

17(3) The multicounty designated transportation planning agency
18shall obtain concurrence from the county transportation
19commissions, adopt the projects selected in a comprehensive
20program of projects, and make funds available to selected project
21recipients.

begin delete

22(c)

end delete

23begin insert(d)end insert The Legislature finds and declares that the program described
24in this chapter constitutes a highway purpose under Article XIX
25of the California Constitution and justifies the expenditure of
26highway funds therefor, and all expenditures of Article XIX funds
27under this program shall be consistent with Article XIX.



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