BILL NUMBER: AB 2147 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2010
INTRODUCED BY Assembly Member V. Manuel Perez
FEBRUARY 18, 2010
An act to amend Section 2333.5 of the Streets and Highways Code,
relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2147, as amended, V. Manuel Perez. Safe Routes to School
Construction Program. construction program.
Existing law requires the Department of Transportation, in
consultation with the Department of the California Highway Patrol, to
establish and administer a "Safe Routes to School" construction
program pursuant to authority granted under specified federal law and
to use federal transportation funds for construction of bicycle and
pedestrian safety and traffic calming projects. Existing law requires
the department to make grants available to local agencies under the
program through a competitive grant process that considers various
factors in rating the proposals.
This bill would additionally require, in rating a proposal, the
consideration of the proposal's benefit to a disadvantaged community,
as defined , the use of a public participation process, and the
degree to which the public's concerns are incorporated into
the proposal. The bill would require the department, for the
purpose of ensuring community engagement and feedback and to provide
notice for application submissions for the program, to coordinate
with regional transportation planning agencies whose counties are
subject to the unmet-needs process, as specified. The bill would
require counties subject to the unmet-needs process that are seeking
grants under the program to solicit information through the community
engagement process about local safe routes to school needs. The bill
would prohibit the department from limiting the number of
applications that may be submitted for grants under the program on
behalf of disadvantaged communities .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) In 1999, the Legislature enacted Assembly Bill 1475 (Chapter
663, Statutes of 1999), which established the state-administered Safe
Routes to School (SR2S) program. California was the first state in
the country to create a state safe routes to school program, thereby
demonstrating its commitment and investment to safe and healthy
children.
(b) In 2007, the passage of Assembly Bill 57 (Chapter 673,
Statutes of 2007) extended the SR2S program indefinitely. To date,
the SR2S program has awarded $243.5 million for local projects.
(c) Since its creation, the SR2S program has improved safety for
child pedestrians and bicyclists, encouraged children to lead healthy
and active lifestyles, and has facilitated projects that reduce
traffic congestion, fuel consumption, and air pollution.
(d) The Department of Transportation, in consultation with the
Federal Highway Administration, is responsible for the administration
of the program. Specifically, the department is required to make
grants available to local governmental agencies based on the results
of a statewide competition. The rating of grant proposals is guided
by factors outlined both in statute and within program guidelines.
(e) In an effort to improve the SR2S program and the
implementation of the grant awards, the department has, over the
years, made guideline and scoring modifications with recommendations
from an informal advisory committee. More recently, the department
has demonstrated more of a commitment to low-resource schools by
contracting with the State Department of Public Health and the
University of California, San Francisco, to evaluate the demographics
of SR2S-funded communities and identify barriers in accessing SR2S
funds.
(f) In recent years, in anticipation of the appropriation of
billions of dollars of federal transportation infrastructure funding,
national, state, and local organizations, and federal, state, and
local elected officials have coalesced around the question of
equitable development and equitable funding, initiating a critical
dialogue, at the state and federal level, about how transportation
funds should be spent and how those expenditures will benefit
disadvantaged communities.
(g) Governor Schwarzenegger has taken a strong interest in the
SR2S program as "a critical program in the fight against obesity."
The Governor is also interested in identifying ways to actively
engage low-income communities to increase their participation in the
SR2S program and their receipt of funding. To accomplish this goal,
the Governor, in a letter to the department dated February 24, 2010,
has asked for the department to determine the socioeconomic status of
past and current SR2S participants and the appropriate level of
participation among these applicants, and to review other Safe Routes
to School programs to determine how they have been effective in
securing high participation levels from low socioeconomic status
communities. Based on its findings, the Governor has directed the
department to adapt the SR2S program to "funding priorities and
criteria to increase participation in SR2S among low socioeconomic
status, disadvantaged schools and communities."
(h) As the department implements the Governor's directives and
makes improvement to the guidelines and application rubric, it is
incumbent on the state to have these program improvements codified
and make necessary changes to the law to ensure the commitment to
equitable access to the SR2S program remains constant.
SECTION 1. SEC. 2. Section 2333.5 of
the Streets and Highways Code is amended to read:
2333.5. (a) The department, in consultation with the Department
of the California Highway Patrol, shall establish and administer a
"Safe Routes to School" construction program for construction of
bicycle and pedestrian safety and traffic calming projects.
(b) The department shall award grants to local governmental
agencies under the program based on the results of a statewide
competition that requires submission of proposals for funding and
rates those proposals on all of the following factors:
(1) Demonstrated needs of the applicant.
(2) Potential of the proposal for reducing child injuries and
fatalities.
(3) Potential of the proposal for encouraging increased walking
and bicycling among students.
(4) Identification of safety hazards.
(5) Identification of current and potential walking and bicycling
routes to school.
(6) Consultation and support for projects by school-based
associations, local traffic engineers, local elected officials, law
enforcement agencies, school officials, and other relevant community
stakeholders.
(7) Benefit to a disadvantaged community, as defined in Section
79505.5 of the Water Code.
(8) Use of a public participation process and the degree to which
the public's concerns are incorporated into the proposal, including
those counties that participate in the unmet-needs process.
(c) Any annual budget allocation to fund grants described in
subdivision (b) shall be in addition to any federal funding received
by the state that is designated for "Safe Routes to School" projects
pursuant to Section 1404 of SAFETEA-LU or any similar program funded
through a subsequent transportation act.
(d) Any federal funding received by the state that is designated
for "Safe Routes to School" projects shall be distributed by the
department under the competitive grant process, consistent with all
applicable federal requirements.
(e) For the purpose of ensuring community engagement and feedback,
and to provide notice for application submissions for the program,
the department shall coordinate with regional transportation planning
agencies with counties subject to the unmet-needs process as set
forth in Section 99232.1 of the Public Utilities Code. Counties that
are required to participate in the unmet-needs process and that are
seeking grants under the program shall solicit information through
the community engagement process about local safe routes to school
needs.
(f) The department shall not impose a cap or limit on the number
of applications that may be submitted on behalf of disadvantaged
communities.
(e)
(g) Prior to the award of any construction grant or the
department's use of those funds for a "Safe Routes to School"
construction project encompassing a freeway, state highway or county
road, the department shall consult with, and obtain approval from,
the Department of the California Highway Patrol, ensuring that the
"Safe Routes to School" proposal compliments the California Highway
Patrol's Pedestrian Corridor Safety Program and is consistent with
its statewide pedestrian safety statistical analysis.
(f)
(h) The department is encouraged to coordinate with law
enforcement agencies' community policing efforts in establishing and
maintaining the "Safe Routes to School" construction program.