BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2796


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          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


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          |                |     |                      |                    |
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          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


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            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  








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          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.   










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          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