Amended in Senate June 30, 2016

Amended in Assembly April 4, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2796

Introduced by Assembly Members Bloom and Low

February 19, 2016

An act to amend begin delete Section 2381 end delete begin insert Sections 2380, 2381, and 2382 end insert of the Streets and Highways Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

AB 2796, as amended, Bloom. 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. begin insert end insert begin insert Existing law requires the California Transportation Commission to adopt the 2015 program of projects no later than January 31, 2016, with each subsequent program of projects to be adopted by April 1 of each odd-numbered year, and requires the commission to adopt guidelines for the program. end insert

This bill begin delete would end delete begin insert end insert begin insert would, for a program cycle adopted on or after January 1, 2018, end insert require a minimum of begin delete 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 and a minimum of end delete 10% of all available Active Transportation Program funds to be programmed for begin insert planning and end insert noninfrastructure purposes, except as begin delete provided. end delete begin insert provided, and would require at least 50 percent of that amount to be programmed for planning activities to develop comprehensive active transportation master plans. The bill would also require the guidelines adopted by the commission to authorize an implementing agency to expend its own funds in advance of an allocation of funds to the project by the commission and to subsequently be reimbursed for eligible expenditures if the agency, for a project programmed in a future fiscal year, receives commission approval in the form of a letter of no prejudice or the agency, for a project programmed in the current fiscal year, notifies the commission of its intent to expend its own funds in advance of an allocation, as prescribed. 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:

begin insert

begin insert SECTION 1. end insert   

end insert begin insert

The Legislature finds and declares all of the
following:

end insert begin insert

(a) Achieving the Active Transportation Program’s goal of
encouraging increased use of active modes of transportation, such
as biking and walking, requires a comprehensive approach that
addresses nonmotorized infrastructure needs and that employs
behavioral change strategies.

end insert begin insert

(b) Research supported by the Federal Highway Administration
has shown that a comprehensive approach that includes, at a
minimum, what is commonly referred to as the “5 E’s” results in
the greatest mode shift to walking and biking. The 5 E’s are:

end insert begin insert

(1) Engineering: Creating operational and physical
improvements to a roadway that reduce speeds and potential
conflicts with motor vehicle traffic and establish safer and fully
accessible crossings, walkways, trails, and bikeways.

end insert begin insert

(2) Education: Teaching the public, especially children, about
the broad range of transportation choices and instructing them in
important lifelong bicycling and walking safety skills.

end insert begin insert

(3) Enforcement: Partnering with local law enforcement to
ensure traffic laws related to the safety of people walking and
biking are obeyed, including laws related to enforcement of speeds,
yielding to pedestrians in crossings, and proper walking and
bicycling behaviors, and initiating community enforcement, such
as crossing guard programs.

end insert begin insert

(4) Encouragement: Using events and activities to promote
walking and bicycling.

end insert begin insert

(5) Evaluation: Monitoring and documenting outcomes and
trends through the collection of data, including the collection of
data before and after an intervention.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 2380 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

2380.  

There is hereby established the Active Transportation
Program in the department for the purpose of encouraging increased
use of active modes of transportation, such as biking and begin delete walking. end delete
begin insert walking, through planning and construction of walking and biking
infrastructure and implementation of end insert begin insert behavioral change strategies. end insert
It is the intent of the Legislature that the program achieve all of
the following goals:

(a) Increase the proportion of trips accomplished by biking and
walking.

(b) Increase safety and mobility for nonmotorized users.

(c) Advance the active transportation efforts of regional agencies
to achieve greenhouse gas reduction goals as established pursuant
to Senate Bill 375 (Chapter 728, Statutes of 2008) and Senate Bill
391 (Chapter 585, Statutes of 2009).

(d) Enhance public health, including reduction of childhood
obesity through the use of programs including, but not limited to,
projects eligible for Safe Routes to School Program funding.

(e) Ensure that disadvantaged communities fully share in the
benefits of the program.

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

begin delete SECTION 1. end delete

begin insert SEC. 3. end insert   

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 delete

(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 delete begin delete

(2)

end delete

begin insert (b) end insert begin insert   end insert begin insert (1) end insert  A minimum of 10 percent of the total funding available
for distribution pursuant to subdivision (a) shall be programmed
for begin insert planning and end insert noninfrastructure activities, including activities
relating to safe routes to school. begin insert Of this amount, a minimum of 50
percent shall be programmed for planning activities to develop
comprehensive active transportation master plans, including
community engagement activities end insert begin insert related to the development of a
master plan. end insert If a project contains both infrastructure begin insert activities end insert and
begin insert planning and end insert noninfrastructure activities, only the portion of
funding used for begin insert planning and end insert noninfrastructure activities shall
contribute to meeting the minimum percentage required by this
paragraph. begin insert Any funding programmed for the purposes of the Active
Transportation Resource Center shall not contribute to meeting
the minimum percentage required by this paragraph. end insert

begin delete

(3)

end delete

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

begin insert

(3) This subdivision only applies to a program cycle adopted
on or after January 1, 2018.

end insert

(c) 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.

(d) 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.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 2382 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

2382.  

(a) The California Transportation Commission shall
develop guidelines and project selection criteria for the Active
Transportation Program in consultation with the Active
Transportation Program Workgroup, which shall be formed for
purposes of providing guidance on matters including, but not
limited to, development of and subsequent revisions to program
guidelines, schedules and procedures, project selection criteria,
performance measures, and program evaluation. The workgroup
shall include, but not be limited to, representatives of government
agencies and active transportation stakeholder organizations with
expertise in pedestrian and bicycle issues, including Safe Routes
to School programs.

(b) The guidelines shall be the complete and full statement of
the policies and criteria that the commission intends to use in
selecting projects to be included in the program. The guidelines
shall address subjects that include, but are not limited to, project
eligibility, application timelines, application rating and ranking
criteria, project monitoring, reporting, and transparency, and project
performance measurement.

(c) The guidelines shall include a process to ensure that no less
than 25 percent of overall program funds benefit disadvantaged
communities during each program cycle. The guidelines shall
establish a program definition for disadvantaged communities that
may include, but need not be limited to, the definition in Section
39711 of the Health and Safety Code and the definition of
low-income schools in paragraph (7) of subdivision (b) of former
Section 2333.5, as that section read on January 1, 2013. A project
eligible under this subdivision shall clearly demonstrate a benefit
to a disadvantaged community or be directly located in a
disadvantaged community.

begin insert

(d) The guidelines shall allow streamlining of project delivery
by authorizing an implementing agency to do both of the following:

end insert begin insert

(1) Seek commission approval of a letter of no prejudice that
will allow the agency to expend its own funds for a project
programmed in a future year of the adopted program of projects,
in advance of allocation of funds to the project by the commission,
and to be reimbursed at a later time for eligible expenditures.

end insert begin insert

(2) Notify the commission of its intent to expend its own funds
for a project programmed in the current fiscal year of the adopted
program of projects in advance of an allocation of funds to the
project by the commission upon transmittal of an allocation request
and receipt of the request by the commission, and to be reimbursed
upon approval of the allocation by the commission for eligible
expenditures occurring after the commission’s receipt of the
request.

end insert begin delete

(d)

end delete

begin insert ( end insert begin insert e) end insert  The California Transportation Commission shall adopt the
guidelines and selection criteria for, and define the types of projects
eligible to be funded through, the program following at least two
public hearings. Projects funded in this program shall be limited
to active transportation projects. The guidelines shall ensure that
eligible projects meet one or more of the goals set forth in Section
2380 and may give increased weight to projects meeting multiple
goals.

begin delete

(e)

end delete

begin insert ( end insert begin insert f) end insert  In developing the guidelines with regard to project eligibility,
the commission shall include, but need not be limited to, the
following project types:

(1) Development of new bikeways and walkways, or
improvements to existing bikeways and walkways, that improve
mobility, access, or safety for nonmotorized users.

(2) Secure bicycle parking at employment centers, park and ride
lots, rail and transit stations, and ferry docks and landings.

(3) Bicycle-carrying facilities on public transit, including rail
and ferries.

(4) Installation of traffic control devices to improve the safety
of pedestrians and bicyclists.

(5) Elimination of hazardous conditions on existing bikeways
and walkways.

(6) Maintenance of bikeways and walkways.

(7) Recreational trails and trailheads, park projects that facilitate
trail linkages or connectivity to nonmotorized corridors, and
conversion of abandoned railroad corridors to trails.

(8) Safe Routes to School projects that improve the safety of
children walking and bicycling to school, begin delete in accordance with
Section 1404 of Public Law 109-59. end delete begin insert including
noninfrastructure-related activities to encourage walking and
bicycling to school. These noninfrastructure activities may include,
but are not limited to, public awareness campaigns and outreach
to press and community leaders, traffic education and enforcement
in the vicinity of schools, student sessions on bicycle and pedestrian
safety, health, and environment, and funding for training,
volunteers, and managers of safe routes to school programs. end insert

(9) Safe routes to transit projects, which will encourage transit
by improving biking and walking routes to mass transportation
facilities and schoolbus stops.

begin delete

(10) Educational programs to increase biking and walking, and
other noninfrastructure investments that demonstrate effectiveness
in increasing active transportation.

end delete begin insert

(10) Noninfrastructure-related activities to encourage walking
and bicycling, including, but not limited to, public awareness
campaigns and outreach to press and community leaders, traffic
education and enforcement, sessions on bicycle and pedestrian
safety, health, and environment, and funding for training,
volunteers, and managers of walking and bicycling encouragement
and safety programs.

end insert begin delete

(f)

end delete

begin insert ( end insert begin insert g) end insert  In developing the guidelines with regard to project selection,
the commission shall include, but need not be limited to, the
following criteria:

(1) Demonstrated needs of the applicant.

(2) Potential for reducing pedestrian and bicyclist injuries and
fatalities.

(3) Potential for encouraging increased walking and bicycling,
especially among students.

(4) Identification of safety hazards for pedestrians and bicyclists.

(5) Identification of walking and bicycling routes to and from
schools, transit facilities, and community centers.

(6) Identification of the local public participation process that
culminated in the project proposal, which may include noticed
public meetings and consultation with local stakeholders.

(7) Benefit to disadvantaged communities. In developing
guidelines relative to this paragraph, the commission shall consider,
but need not be limited to, the definition of disadvantaged
communities as applied pursuant to subdivision (c).

(8) Cost-effectiveness, defined as maximizing the impact of the
funds provided.

(9) The adoption by a city or county applicant of a bicycle
transportation plan, pursuant to Section 891.2, a pedestrian plan,
a safe routes to school plan, or an overall active transportation
plan.

(10) Use of California Conservation Corps or qualified
community conservation corps, as defined in Section 14507.5 of
the Public Resources Code, as partners to undertake or construct
applicable projects in accordance with Section 1524 of Public Law
112-141.

(11) Other factors, such as potential for reducing congestion,
improving air quality, reducing greenhouse gas emissions, and
increasing and improving connectivity and mobility of
nonmotorized users.

begin delete

(g)

end delete

begin insert ( end insert begin insert h) end insert  For the use of federal Transportation Alternative Program
funds, or other federal funds, commission guidelines shall meet
all applicable federal requirements.

begin delete

(h)

end delete

begin insert ( end insert begin insert i) end insert  For the use of federal Highway Safety Improvement Program
funds for active transportation projects specific to reducing
fatalities and serious injuries, the criteria for the selection of
projects shall be based on a data-driven process that is aligned
with the state’s Strategic Highway Safety Plan.

begin delete

(i)

end delete

begin insert ( end insert begin insert j) end insert  The guidelines may include incentives intended to maximize
the potential for attracting funds other than program funds for
eligible projects.

begin delete

(j)

end delete

begin insert ( end insert begin insert k) end insert  In reviewing and selecting projects funded by federal funds
in the Recreational Trails Program, the commission shall
collaborate with the Department of Parks and Recreation to
evaluate proposed projects, and to ensure federal requirements are
met.

begin delete

(k)

end delete

begin insert ( end insert begin insert l) end insert  To ensure that regional agencies charged with allocating
funds to projects pursuant to paragraph (1) of subdivision (a) of
Section 2381 have sufficient discretion to develop regional
guidelines, the commission may adopt separate guidelines for the
state and for the regional agencies relative to subdivision begin delete (f). end delete begin insert (g). end insert