BILL ANALYSIS Ó AB 2796 Page 1 ASSEMBLY THIRD READING AB 2796 (Bloom and Low) As Amended April 4, 2016 Majority vote ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Transportation |16-0 |Frazier, Linder, | | | | |Baker, Bloom, Brown, | | | | |Chu, Daly, Dodd, | | | | |Eduardo Garcia, | | | | |Gomez, Kim, Mathis, | | | | |Medina, Melendez, | | | | |Nazarian, O'Donnell | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |20-0 |Gonzalez, Bigelow, | | | | |Bloom, Bonilla, | | | | |Bonta, Calderon, | | | | |Chang, Daly, Eggman, | | | | |Gallagher, Eduardo | | | | |Garcia, Roger | | | | |Hernández, Holden, | | | | |Jones, Obernolte, | | | | |Quirk, Santiago, | | | | |Wagner, Weber, Wood | | | | | | | AB 2796 Page 2 | | | | | ------------------------------------------------------------------ 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. 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, AB 2796 Page 3 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 and 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: According to the Assembly Appropriations Committee, based on current program funding levels, this bill earmarks in statute at least $6 million of total ATP funds for planning and community engagement and $12 million for non-infrastructure activities. (CTC's current program guidelines set aside 2% of funds for planning. Non-infrastructure projects are eligible for funding in the three component programs.) 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 AB 2796 Page 4 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 goals of increasing the proportion of biking and walking trips; increasing safety for non-motorized users; increasing mobility for non-motorized users; advancing the efforts of regional agencies to achieve greenhouse gas reduction goals; enhancing public health, including the reduction of childhood obesity through the use of projects eligible for Safe Routes to Schools Program funding; ensuring disadvantaged communities fully share in program benefits; and providing 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 the author, this bill 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. AB 2796 Page 5 The ATP has become extremely popular in the state with high demand for both the statewide and the regional programs. In 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. Please see the policy committee analysis for full discussion of this bill. Analysis Prepared by: Melissa White / TRANS. / (916) 319-2093 FN: 0003165