BILL ANALYSIS Ó AB 2796 Page 1 Date of Hearing: April 11, 2016 ASSEMBLY COMMITTEE ON TRANSPORTATION Jim Frazier, Chair AB 2796 (Bloom and Low) - As Amended April 4, 2016 SUBJECT: Active Transportation Program SUMMARY: Requires a minimum amount of funding be set aside for planning and non- infrastructure activities within the Active Transportation Program (ATP). Specifically, this bill: 1)Requires a minimum 5% of funding from the statewide, small urban and rural, and Metropolitan Planning Organization (MPO) programs within ATP be allocated for planning and community engagement for active transportation in disadvantaged communities. 2)Requires a minimum 10% of the total funding available for ATP be programmed for non-infrastructure activities, including activities relating to Safe Routes to School. 3)Clarifies that any portion of funding that supports non-infrastructure activities as part of a combined infrastructure and non-infrastructure project shall contribute to meeting the 10% minimum. AB 2796 Page 2 4)Allows for any additional funds remaining if applications to the programs do not meet the minimums required be expended on other projects. EXISTING LAW: 1)Creates the ATP to be administered by the California Department of Transportation (Caltrans) and allocated by the California Transportation Commission (CTC) for the purpose of encouraging increased use of active modes of transportation, such as biking and walking. 2)Funds the ATP from a combination of federal and state funds. 3)Creates three programs within ATP for distribution of funds: a) 50% for statewide competitive program awarded by the CTC; b) 10% for projects in small urban an rural areas of the state awarded by the CTC; and, c) 40% for projects determined by MPO's over 200,000 in population. The 40% is distributed to MPOs based on their relative population. 4)Requires that no less than 25% of programs funds benefit disadvantaged communities. FISCAL EFFECT: Unknown AB 2796 Page 3 COMMENTS: The ATP was created by SB 99 (Committee on Budget and Fiscal Review), Chapter 359, Statutes of 2013, and AB 101 (Committee on Budget and Fiscal Review), Chapter 354, Statues of 2013, by consolidating existing federal and state programs and funding, including the federal Transportation Alternatives Program, the state Bicycle Transportation Account, and the federal and state Safe Routes to School programs. The purpose of the ATP is to encourage the use of active transportation modes including biking and walking. Specifically, ATP has the following goals: 1)Increase the proportion of biking and walking trips. 2)Increase safety for non-motorized users. 3)Increase mobility for non-motorized users. 4)Advance the efforts of regional agencies to achieve greenhouse gas reduction goals. 5)Enhance public health, including the reduction of childhood obesity through the use of projects eligible for Safe Routes to Schools Program funding. 6)Ensure disadvantaged communities fully share in program AB 2796 Page 4 benefits. 7)Provide a broad spectrum of projects to benefit many types of active transportation users. ATP has a wide eligibility for infrastructure projects such as bikeways, bicycle facilities, sidewalks, trails and crossing safety improvements, and non-infrastructure projects, such as educational programs and enforcement activities. Additionally, ATP funds planning activities, including the development of local bicycle and pedestrian master plans. According to author, AB 2796 would address the competitive disadvantage of planning and non-infrastructure projects relative to infrastructure projects in ATP and enable such projects to compete fairly in the grant process. He states that the importance of non-infrastructure and planning projects in educating and encouraging biking and walking has been overlooked. The author is attempting to reflect the volume of applications for these activities in the minimum percentage amounts for non-infrastructure and planning activities. Further, the author adds that by establishing a specific set-aside, more communities will be encouraged to apply for grants. The ATP has become extremely popular in the state with high demand for both the statewide and the regional programs. In AB 2796 Page 5 fact, in some areas regional agencies contribute other federal, state and local funds to their respective programs to try to meet the demand. ATP is funded at approximately $120 million per year, and programmed in four year cycles. The bulk of the funding comes from the federal government through a set-aside program authorized by the Fixing America's Surface Transportation (FAST) Act. For example, in the second cycle, awarded in 2015, 617 applications were submitted, requesting over $1 billion in funds. In the three program components approximately 207 projects were awarded totaling $359 million. Of that amount less than 5% was awarded to non-infrastructure and planning activities. The author notes that planning continues to be a huge need for active transportation, especially in low-resourced communities. According to the Office of Planning and Research's 2013-14 Annual Planning Survey, less than 50% of respondent cities and counties reported an adopted Bicycle Master Plan and roughly 13% of respondents reported an adopted Pedestrian Master Plan. Planning funds help communities develop a long term vision for active transportation in their areas and enable the development of meaningful projects. Planning also serves to engage the public in identifying community needs and priorities. The author further explains that non-infrastructure activities are also critical to engage and encourage residents to walk and bike more, as car-free street events like CicLAvia, and programs like Safe Routes to Schools have demonstrated. Both planning and non-infrastructure are essential components of Safe Routes to School activities, which promote safe walking and bicycling to school in thousands of schools statewide. Projects that AB 2796 Page 6 combine infrastructure improvements with a non-infrastructure component have been met with great success. The funding set aside in this bill could help encourage the development of these types of larger efforts. In the recent adoption of the guidelines for ATP's third grant cycle, CTC set aside 2% of funds from the three component programs for planning. Non-infrastructure projects are eligible for funding in the three component programs. Related legislation: ABX1 23 (Garcia), requires projects in the State Transportation Improvement Program and the State Highway Operation and Protection Program to prioritize projects to provide benefits to disadvantaged communities. Appropriates annually $125 million for ATP from the State Highway Account Previous legislation: SB 99 (Committee on Budget and Fiscal Review), Chapter 359, Statutes of 2013, and AB 101 (Committee on Budget and Fiscal Review), Chapter 354, Statues of 2013, created and funded the ATP. REGISTERED SUPPORT / OPPOSITION: AB 2796 Page 7 Support California Bicycle Coalition (Sponsor) California Walks (Sponsor) Safe Routes to School National Partnership (Sponsor) American Lung Association in California Amigos de los Rios Bike East Bay Bike San Gabriel Valley Bike Santa Cruz County Bike SLO County Breathe California California League of Conservation Voters AB 2796 Page 8 California Pan-Ethnic Health Network California ReLeaf Catholic Charities, Diocese of Stockton Center for Climate Change and Health Chico Velo Coalition for Clean Air Comite Civico del Valle County Health Executives Association of California Environmental Council of Sacramento Gamaliel of California Inland Empire Biking Alliance Leadership Counsel for Justice and Accountability Livable Communities, Inc. AB 2796 Page 9 Los Angeles County Bicycle Coalition Marin County Bicycle Coalition Move LA Napa County Bicycle Coalition PolicyLink Public Advocates, Inc. Rails-to-Trails Conservancy San Diego County Bicycle Coalition Santa Barbara Bicycle Coalition Silicon Valley Bicycle Coalition Trust for Public Land Walk San Francisco Opposition AB 2796 Page 10 Non on file Analysis Prepared by:Melissa White / TRANS. / (916) 319-2093