BILL ANALYSIS                                                                                                                                                                                                    






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: ab 2147
          SENATOR ALAN LOWENTHAL, CHAIRMAN               AUTHOR:  M. perez
                                                         VERSION: 5/3/10
          Analysis by:  Jennifer Gress                   FISCAL:  yes
          Hearing date:  June 22, 2010






          SUBJECT:

          Safe Routes to School Program (SR2S)

          DESCRIPTION:

          This bill adds "benefit to disadvantaged communities" and "use  
          of a public participation process" to the list of factors that  
          the California Department of Transportation (Caltrans) must  
          consider when evaluating grant proposals for the state SRTS  
          program.

          ANALYSIS:

          In 1999, AB 1475 (Soto), Chapter 663, established the state Safe  
          Routes to School program, the first in the nation, for the  
          construction of bicycle and pedestrian safety and traffic  
          calming projects that improve safety and promote walking and  
          bicycling to school.  

          In 2005, the federal transportation bill, the Safe, Accountable,  
          Flexible, Efficient Transportation Equity Act:  A Legacy for  
          Users (SAFETEA-LU), established a federal Safe Routes to School  
          program.   

          The state and federal programs are both administered by Caltrans  
          but, because the two programs are subject to different  
          requirements under state and federal laws, they are administered  
          as separate programs.  This bill makes changes only to the state  
          program.

          In administering the state program, Caltrans determines how much  
          will be made available to each of Caltrans' 12 districts in  
          proportion to the number of students enrolled in Kingergarten  
          through the 12th grade with no district receiving less than  




          AB 2147 (M. PEREZ)                                        Page 2

                                                                       


          $500,000 per funding cycle.  State law permits "local  
          governmental agencies" to submit applications, though Caltrans  
          restricts applicants to cities and counties.  Cities and  
          counties must work collaboratively with other local partners,  
          including school officials and community stakeholders, to  
          develop project proposals.  The Caltrans district office ranks  
          each proposal it receives and forwards the top ranked proposals  
          to Caltrans headquarters for final approval.

          Proposals are rated on the following factors:

           Demonstrated needs of the applicant.
           Potential of the proposal to reduce child injuries and  
            fatalities.
           Potential of the proposal to increase walking and bicycling  
            among students.
           Identification of safety hazards.
           Identification of current and potential walking and bicycling  
            routes to school.
           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.
          
           This bill  adds to the list of factors that Caltrans must use to  
          rank project proposals "use of a public participation process"  
          and "benefit to a disadvantaged community."  

          The bill defines "disadvantaged community" as a community with  
          an annual median household income that is less than 80 percent  
          of the statewide annual median household income.

          The bill also articulates the conditions that the public  
          participation process must meet, which include:

                 Involving the public, schools, parents, teachers, local  
               agencies, the business community, key profesionals, and  
               others.
                 Identifying community priorities and gathers community  
               input to guide the development of projects.
                 Securing support for the project by relevant community  
               stakeholders.

          COMMENTS:






          AB 2147 (M. PEREZ)                                        Page 3

                                                                       


           1.Purpose  .  According to the author, the intent of the bill  
            is to ensure equitable access to SR2S funds.  The bill  
            achieves this by making changes to the criteria used to  
            evaluate project proposals. Specifically, the bill  
            requires Caltrans to give priority to proposals that  
            benefit low-income, disadvantaged communities.  The bill  
            also gives community residents a stronger role in the  
            development of SR2S project proposals by giving extra  
            points to applicants who work with parents and community  
            residents to develop and prioritize projects. 


            While SR2S has been a popular and effective program, its  
            guidelines do not currently target resources to  
            disadvantaged communities.  As a result, schools that  
            serve low-income students are often unable to enjoy the  
            benefits of this program. 


            The author states that disadvantaged communities,  
            particularly those in unincorporated and rural areas,  
            frequently lack basic infrastructure.  Sidewalks, storm  
            drains, stoplights, and other similar infrastructure may  
            be missing or in disrepair.  Walking and biking in these  
            communities can be unsafe and thousands of child  
            pedestrians are hit in California each year as a result.


            Today less than 15 percent of children walk or bicycle to  
            school and 20 percent are considered overweight or obese.  
            When children are unable to walk or bicycle to school, the  
            chances of becoming obese and developing associated health  
            problems increase. The author asserts that expanding  
            opportunities for physical activity is a critical  
            component of the solution and ensuring that children can  
            safely walk and bicycle to school is one way to accomplish  
            this. 


            Furthermore, the SR2S program does not currently have a  
            clearly established local engagement process.  
            Disadvantaged communities in many parts of the state often  
            do not have a mechanism to voice their concerns or to have  
            their needs met.  Existing public processes are not used  
            effectively to gather community input on proposed projects  
            and ensure that community priorities and school  




          AB 2147 (M. PEREZ)                                        Page 4

                                                                       


            transportation concerns are reflected in proposals.  The  
            bill helps to remedy this by including public  
            participation as one of the factors by which project  
            proposals shall be evaluated.


           2.Too early to tell  .  Children living in low-income  
            neighborhoods experience higher rates of pedestrian injury and  
            obesity than children who live in higher-income areas.  Given  
            the documented success of the SR2S program in increasing  
            walking and bicycling to school, this bill may be an important  
            step towards ensuring that low-income schools and communities  
            are able to access and benefit from SR2S grant funding.  It is  
            not clear, however, the extent to which low-income communities  
            are unable to access SR2S funds or what specific barriers they  
            face in developing and implementing successful projects under  
            California's SR2S program.

            To address these issues, in February of this year, Governor  
            Schwarzenegger directed Caltrans to take specific actions to  
            increase support for low-income schools and communities that  
            participate in the SR2S program.  These actions included:

                 Determining the socioeconomic status (SES) of current  
               and past SR2S program participants and determining the  
               appropriate level of participation among these school and  
               communities.
                 Completing a review of funding practices in other  
               programs that have been effective in securing high  
               participation levels from low-SES schools and communities.   


            This analysis is due July 1 of this year.  The governor also  
            directed Caltrans to revise its funding priorities and  
            criteria, based on its findings, in order to increase  
            participation in SR2S among low-SES, disadvantaged schools and  
            communities, which Caltrans has committed to do. 

            Without the benefit of that analysis now, it is difficult to  
            assess the implications of the changes proposed by this bill  
            versus other policy options.  For example, rather than giving  
            priority to projects that serve low-income communities, which  
            could have the effect of granting funding to less efficacious  
            projects, a different approach might be to establish a  
            set-aside for low-income schools or to distribute funds in  
            proportion to the number of low-income students in a district.  




          AB 2147 (M. PEREZ)                                        Page 5

                                                                       


             Absent a better understanding of how low-income communities  
            fare under the current program, it is simply unclear how best  
            to revise it to improve the outcomes for low-income  
            communities.

           1.Definition of "disadvantaged community.  "   Because the focus  
            on the SR2S program is increasing walking and bicycling to  
            school, the author or committee may wish to consider an  
            amendment to focus on low-income schools rather than  
            disadvantaged communities.  What constitutes a community's  
            boundaries can sometimes be unclear and thus include  
            households or even whole neighborhoods that a target school  
            does not serve.  The Safe Routes to School National  
            Partnership is advocating that the federal transportation bill  
            include a requirement that state departments of transportation  
            analyze the extent to which low-income schools are applying  
            for and being granted SR2S funds.  In its policy framework,  
            the Safe Routes to School National Partnership defines a  
            low-income school as one in which 65 percent or more of  
            students qualify for free or reduced lunch.  Nationwide, this  
            would cover approximately 25 percent of all schools.  To  
            better support the development of projects that will affect  
            low-income youth walking and bicycling to school, the author  
            or committee may wish to consider an amendment that would  
            replace "disadvantaged community" with "low-income school" and  
            define the latter as a school in which 65 percent or more of  
            students qualify for the federal free or reduced lunch  
            program.
          
           2.Eligibility of school districts to apply  .  State and federal  
            laws enacting their respective SR2S programs permit schools  
            districts to apply for funds.  Caltrans, however, does not  
            permit school districts to apply for funds under the state  
            program.  One concern raised by the sponsors is that the  
            process for proposing SR2S projects occurs in some communities  
            through a top-down process driven by an engineer situated  
            within a government agency.  Allowing school districts to  
            apply may help to broaden interest and participation in the  
            SR2S program and strengthen the position of schools that would  
            like to propose projects.  The original intent of the SR2S  
            program was to provide funding for projects that encourage  
            kids to walk and bicycle to school and to enable kids who are  
            already walking and bicycling to do so more safely.  The  
            groups that are involved in implementing these kinds of  
            programs are often school districts and community groups.  As  
            a result, those groups are well-positioned to understand which  




          AB 2147 (M. PEREZ)                                        Page 6

                                                                       


            projects will provide the greatest benefit.  For this reason,  
            the author or committee may wish to consider an amendment to  
            clarify that school districts are eligible to apply for funds  
            under the state SR2S program.
          
           3.SR2S program statistics  .  To date, the SR2S program has  
            completed eight cycles, beginning in 2000-2001, with  
            approximately $24.25 million made available each year.   
            Through the current fiscal year, Caltrans has received 3,820  
            applications and awarded 815 projects statewide at a total  
            cost of over $ 244 million. The projects awarded throughout  
            the state, in all 12 Caltrans districts and in both urban and  
            rural areas, have funded five basic types of infrastructure  
            improvements: sidewalk installation and upgrading, traffic  
            calming and speed reduction measures, traffic signal  
            installation, pedestrian and bicycle crossing improvements,  
            and construction of bicycle paths and other bicycle  
            facilities.  Requests for funding have exceeded available  
            resources in each year the program has been administered,  
            funding an average of 21.3 percent of projects that applied  
            for funding over the past eight cycles.
          
          Assembly Votes:
               Floor:    58-16
               Appr: 12-2
               Trans:    11-1

           POSITIONS:  (Communicated to the Committee before noon on  
                     Wednesday,                              
                      June 16, 2010)

               SUPPORT:  California Rural Legal Assistance Foundation  
          (co-sponsor)
                         PolicyLink (co-sponsor)
                         Binacional Center for the Development of the  
                           Oaxacan Indigenous Communities Center
                         California Food Policy Advocates
                         California Pan-Ethnic Health Network
                                    California State PTA
                                    Central Valley Partnership for  
                     Citizenship
                                    Ceres Partnership for Healthy Children
                                    Community Prevention of Alcohol & Drug  
                     Related Problems
                                    East Yard Communities
                                    Fresno Metro Ministry




          AB 2147 (M. PEREZ)                                        Page 7

                                                                       


                                    Organizacion en California de Lideres  
                     Campesinas, Inc.
                                    Poder Popular of the Coachella Valley
                                    Prevention Institute
                                    San Joaquin Valley Latino  
                     Environmental Advancement Project
                                    Strategic Alliance for Healthy Food  
                     and Activity Environments
                                    The City Project              
                                    TransForm
                                    Urban Habitat
          
               OPPOSED:  None received.