BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2796


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          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.










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          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








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          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  








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            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  








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          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  








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          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:









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          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










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          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.










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          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








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          Non on file




          Analysis Prepared by:Melissa White / TRANS. / (916) 319-2093