Amended in Assembly April 4, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2796


Introduced by Assembly Membersbegin delete Low and Bloomend deletebegin insert Bloom and Lowend insert

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 amended, begin deleteLowend delete begin insertBloomend insert. 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 disadvantagedbegin delete communities. The bill would also requireend deletebegin insert communities andend insert a minimum of 10%begin delete and a maximum of 30%end delete of all available Active Transportation Program funds to be programmed for noninfrastructurebegin delete purposes.end deletebegin insert purposes, except as provided.end insert

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.

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.

33(2) A minimum of 10 percentbegin delete and a maximum of 30 percentend delete of
34the total funding available for distribution pursuant to subdivision
35(a) shall be programmed for noninfrastructure activities, including
P3    1activities relating to safe routes to school.begin insert If a project contains
2both infrastructure and noninfrastructure activities, only the
3portion of funding used for noninfrastructure activities shall
4contribute to meeting the minimum percentage required by this
5paragraph.end insert

begin insert

6
(3) If applications submitted in any funding cycle are not
7sufficient to exceed a minimum percentage required by paragraph
8(1) or (2), the applicable funds that would otherwise be required
9to be used for the purpose described in paragraph (1) or (2) may
10be expended for other authorized purposes.

end insert

11(c) For the purpose of paragraph (1) of subdivision (a), the
12following shall apply in the region served by the multicounty
13designated transportation planning agency described in Section
14130004 of the Public Utilities Code:

15(1) The multicounty designated transportation planning agency
16shall consult with the county transportation commissions created
17pursuant to Sections 130050, 130050.1, and 132800 of the Public
18Utilities Code, the commission, and the department in the
19development of competitive selection criteria to be adopted by the
20multicounty designated transportation planning agency, which
21should include consideration of geographic equity, consistent with
22program objectives.

23(2) The multicounty designated transportation planning agency
24shall place priority on projects that are consistent with plans
25adopted by local and regional governments within the county where
26 the project is located.

27(3) The multicounty designated transportation planning agency
28shall obtain concurrence from the county transportation
29commissions, adopt the projects selected in a comprehensive
30program of projects, and make funds available to selected project
31recipients.

32(d) The Legislature finds and declares that the program described
33in this chapter constitutes a highway purpose under Article XIX
34of the California Constitution and justifies the expenditure of
35highway funds therefor, and all expenditures of Article XIX funds
36under this program shall be consistent with Article XIX.



O

    98