Bill Text

Bill Information

PDF |Add To My Favorites | print page

AB-2332 Transportation funding: complete streets.(2015-2016)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
AB2332:v98#DOCUMENT

Amended  IN  Assembly  April 05, 2016

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill
No. 2332


Introduced by Assembly Member Eduardo Garcia
(Coauthors: Assembly Members Alejo, Bloom, Campos, and Holden)

February 18, 2016


An act to add Section 14528.2 to the Government Code, relating to transportation. An act to amend Sections 14526, 14526.4, and 14526.5 of, and to add Section 14031.9 to, the Government Code, and to amend Section 167 of the Streets and Highways Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


AB 2332, as amended, Eduardo Garcia. Transportation. Transportation funding: complete streets.
Existing law provides that the Department of Transportation has full possession and control over the highways of the state and is responsible for preparing the state highway operation and protection program for the expenditure of transportation funds for major capital improvements that are necessary to preserve and protect the state highway system. Existing law requires the department to submit a draft 5-year interregional transportation improvement program that consists of, among other things, projects to improve state highways.
Existing law also creates the California Transportation Commission, with specified powers and duties relative to the programming of transportation capital improvement projects and the allocation of state transportation funds for state transportation improvement projects. Existing law requires the department, in consultation with the commission, to prepare an asset management plan to guide selection of projects for the state highway operation and protection program consistent with any applicable state and federal requirements. Existing law requires the commission, in connection with the asset management plan, to adopt targets and performance measures reflecting state transportation goals and objectives.
This bill would require the department to increase the annual number of complete street projects undertaken by the department by 20% over the 2016 baseline by the year 2020 and increase accessibility for low-income and disadvantaged communities by increasing multimodal transportation proximity to employment, jobs, housing, and recreation areas. The bill would establish department goals to reduce by 10% based on the 2016 baseline the number of transit, pedestrian, and bicyclist fatalities, and reduce by 15% statewide per capita the vehicle miles traveled by the year 2020, and to increase travel by nonautomobile modes of travel, as specified.
This bill would require the draft 5-year interregional transportation program to include projects to implement complete streets, as defined, and the state highway operation and protection program to include capital improvements relative to multiuse, including complete streets. The bill would require the department to hold at least one public hearing in each of its districts on state highway operation and protection program projects and would require the hearing to be accessible by public transit, held at times that are convenient for disadvantaged community residents, and upon request, provide translation services. The bill would require the commission, no later than July 1, 2017, in connection with the asset management plan, to also adopt targets and performance measures that reflect state transportation goals and objectives that, among other things, improve mobility, access, and safety for nonmotorized users in disadvantaged communities by requiring not less than 35% of state highway operation and protection program projects be located in urban and rural disadvantaged communities. The bill would also require that funds in the State Highway Account in the State Transportation Fund be programmed for specified safety improvements that would reduce fatalities and the number and severity of injuries to pedestrians.

Existing law requires the Department of Transportation to prepare a State Highway Operation and Protection Program every other year for the expenditure of transportation capital improvement funds for projects that are necessary to preserve and protect the state highway system, excluding projects that add new traffic lanes. Existing law provides for the programming of transportation capital improvement funds for other objectives through the State Transportation Improvement Program administered by the California Transportation Commission, which includes projects recommended by regional transportation planning agencies through adoption of a regional transportation improvement program and projects recommended by the department through adoption of an interregional transportation improvement program, as specified.

This bill, by January 1, 2018, would require the California Transportation Commission to establish a process whereby the department and local agencies receiving funding for highway capital improvements from the State Highway Operation and Protection Program or the State Transportation Improvement Program prioritize projects that provide meaningful benefits to the mobility and safety needs of disadvantaged community residents, as specified. The bill would require the commission to adopt guidelines to implement these provisions and would authorize the commission to withhold future funding allocations to an applicant from these programs if it determines that previous use of funding by the applicant has not adequately furthered the objectives of these provisions. The bill would require the commission to report biannually to the Legislature in this regard.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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) For over a century, California has invested in a state highway system that allowed our state economy to flourish and ensured that over 38 million residents have access to places of employment, education centers, and recreation areas.
(b) However, low-income and disadvantaged communities have faced historic patterns of inequity and disinvestment from our state highway system.
(1) Low-income and disadvantaged communities bear the burden of disproportionate impacts from substandard air quality in the form of higher rates of respiratory illness, hospitalizations, and premature death.
(2) Due to historic disinvestment, low-income and disadvantaged communities suffer from lack of safe infrastructure such as bicycle paths and sidewalks, which leads to increased injuries and fatalities when traveling on the state highway system.
(3) Due to the low level of car ownership in low-income and disadvantaged communities, many residents do not have access to transit or safe infrastructure such as bicycle paths and sidewalks to travel safely to employment, education centers, and recreation areas.
(c) The Department of Transportation has updated its mission to include sustainability, greater focus and awareness on safety for all users of the transportation system, developing a multimodal transportation system that expands transit, walking, and bicycling, and the need for a fix-it-first focus that also achieves cobenefits such as public health and social equity to address all users of the transportation system.
(d) It is the intent of the Legislature that this act continues the Department of Transportation’s greater focus on sustainability and awareness for all users of the transportation system by directing resources to the state’s most impacted and disadvantaged communities to ensure that activities taken in pursuit of sustainability will also provide economic and health benefits to these communities.

SEC. 2.

 Section 14031.9 is added to the Government Code, to read:

14031.9.
 (a) The department shall increase the annual number of complete streets projects undertaken by the department by 20 percent over the 2016 baseline by the year 2020.
(b) As used in this section, “complete street” means a transportation facility that is planned, designed, operated, and maintained to provide safe mobility for all users, including bicyclists, pedestrians, transit vehicles, truckers, and motorists, appropriate to the function and context of the facility.
(c) The department shall have as a goal the reduction by 10 percent, based on the 2016 baseline, of the number of transit, pedestrian, and bicyclist fatalities and the reduction by 15 percent of the statewide per capita the vehicle miles traveled (VMT) relative to 2010 levels reported by district by the year 2020.
(d) It shall also be a goal of the department to increase travel by nonautomobile modes by doing all of the following:
(1) Tripling the amount of bicycle travel relative to 2010-2012 California Household Travel Survey levels.
(2) Doubling the amount of pedestrian travel relative to 2010-2012 California Household Travel Survey levels.
(3) Doubling the amount of transit travel relative to 2010-2012 California Household Travel Survey levels.
(e) The department shall increase accessibility for low-income and disadvantaged communities by increasing multimodal transportation proximity to employment, jobs, housing, and recreation areas.

SEC. 3.

 Section 14526 of the Government Code is amended to read:

14526.
 (a) Not later than October 15 of each odd-numbered year, based on the guidelines established pursuant to Section 14530.1, and after consulting with the transportation planning agencies, county transportation commissions, and transportation authorities, the department shall submit to the commission the draft five-year interregional transportation improvement program consisting of all of the following:
(1) Projects to improve state highways, pursuant to subdivision (b) of Section 164 of the Streets and Highways Code.
(2) Projects to improve the intercity passenger rail system.
(3) Projects to improve interregional movement of people, vehicles, and goods.
(4) Projects to implement or improve complete streets, as defined in subdivision (b) of Section 14031.9.
(b) Projects included in the interregional transportation improvement program shall be consistent with the state interregional transportation strategic plan prepared pursuant to Section 14524.4.
(c) Projects may not be included in the draft interregional transportation improvement program without a project study report or major investment study.
(d) Major projects shall include current costs updated as of November 1 of the year of submittal and escalated to the appropriate year, and shall be consistent with, and provide the information required in, subdivision (b) of Section 14529.
(e) Projects included in the draft interregional transportation improvement program shall be consistent with the adopted regional transportation plan.
(f) On or before November 15 of each odd-numbered year, the commission shall hold at least one hearing in northern California and one hearing in southern California to attempt to reconcile any objections by any member of the public or other stakeholder to the draft interregional transportation improvement program.
(g) The department shall consider the input received at the hearings conducted pursuant to subdivision (f) and shall develop a final interregional transportation improvement program. The final interregional transportation improvement program shall include a summary of the major comments received at the hearings and responses to those comments, and shall be submitted to the commission for approval not later than December 15 of each odd-numbered year.
(h) The commission shall, when approving the final interregional transportation improvement program pursuant to subdivision (g), evaluate the extent to which the program is consistent with funding priorities established in Section 167 of the Streets and Highways Code.

SEC. 4.

 Section 14526.4 of the Government Code is amended to read:

14526.4.
 (a) The department, in consultation with the commission, shall prepare a robust asset management plan to guide selection of projects for the state highway operation and protection program required by Section 14526.5. The asset management plan shall be consistent with any applicable state and federal requirements.
(b) The department may prepare the asset management plan in phases, with the first phase to be implemented with the 2016 state highway operation and protection program, and the complete asset management plan to be prepared no later than the 2020 state highway operation and protection program.
(c) In connection with the asset management plan, the commission shall do both of the following:
(1) Adopt Not later than July 1, 2017, adopt targets and performance measures reflecting state transportation goals and objectives. objectives, that shall include, but are not limited to, all of the following:
(A) Improving mobility, access, and safety for nonmotorized users in disadvantaged communities by requiring not less than 35 percent of state highway operation and protection program projects be located in urban and rural disadvantaged communities.
(B) Providing targeted and meaningful benefits to residents in those disadvantaged communities. Projects that provide meaningful benefits to those residents shall include, but are not limited to, both of the following:
(i) Walkways, bikeways, and crossing facilities that connect residents to community-identified amenities such as transit stops, employment centers, schools, medical facilities, grocery stores, and other community services.
(ii) Pedestrian or bicycle traffic control devices to improve the safety of nonmotorized users.
(C) Prioritizing projects identified by the community through strong public participation in disadvantaged communities.
(D) Prioritizing projects that recruit, hire, or train low-income, formerly incarcerated, underrepresented, or disconnected youth and adults and other individuals with barriers to employment, pursuant to Section 14005 of the Unemployment Insurance Code. Priority shall be awarded for projects that utilize any of the following:
(i) Community workforce agreements.
(ii) Project labor agreements with targeted hire commitments requiring at least 30 percent of work hours performed by individuals with barriers to employment, pursuant to Section 14005 of the Unemployment Insurance Code, or local hire commitments requiring at least 30 percent of work hours performed by California residents to be performed by residents of the city in which the project takes place.
(iii) Partnerships with community-based workforce training entities preparing low-income youth and adults for employment.
(iv) State certified pre-apprenticeship and registered apprenticeship programs.
(v) State certified community conservation corps.
(vi) “Earn while you learn” models.
(vii) YouthBuild programs.
(viii) California Workforce Development Board programs serving disadvantaged populations.
(2) Review and approve the asset management plan, including the final version of the first phase and the complete plan prepared by the department pursuant to subdivision (b).
(d) As used in this section, “asset management plan” means a document assessing the health and condition of the state highway system with which the department is able to determine the most effective way to apply the state’s limited resources. resources and advance meaningful benefits in disadvantaged communities.
(e) As used in this section, “disadvantaged community” means a community with any of the following characteristics:
(1) An area with a median household income less than 80 percent of the statewide median household income based on the most current census tract-level data from the American Community Survey.
(2) An area identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code.
(3) An area where at least 75 percent of public school students are eligible to receive free or reduced-price meals under the National School Lunch Program.
(f) As used in this section, “meaningful benefits” means transportation projects that address any of the following:
(1) Health harms suffered disproportionately by low-income and disadvantaged communities due to copollutants, including poor air quality and a lack of public health benefits.
(2) Increasing job readiness and career opportunities with workforce development programs, local hiring, or on-the-job training.
(3) Increasing travel for non-motorized users by improving active transportation infrastructure such as bicycle paths, sidewalks, and other non-motorized means of travel.
(4) Investing in transportation that will meet an unmet need that has been identified as a high priority by disadvantaged community residents and groups.

SEC. 5.

 Section 14526.5 of the Government Code is amended to read:

14526.5.
 (a) Based on the asset management plan prepared and approved pursuant to Section 14526.4, the department shall prepare a state highway operation and protection program for the expenditure of transportation funds for major capital improvements that are necessary to preserve and protect the state highway system. Projects included in the program shall be limited to capital improvements relative to maintenance, safety, multiuse, including complete streets, as defined in subdivision (b) of Section 14031.9, and rehabilitation of state highways and bridges that do not add a new traffic lane to the system.
(b) The program shall include projects that are expected to be advertised prior to July 1 of the year following submission of the program, but which have not yet been funded. The program shall include those projects for which construction is to begin within four fiscal years, starting July 1 of the year following the year the program is submitted.
(c) The department, at a minimum, shall specify, for each project in the state highway operation and protection program, the capital and support budget, as well as a projected delivery date, for each of the following project components:
(1) Completion of project approval and environmental documents.
(2) Preparation of plans, specifications, and estimates.
(3) Acquisition of rights-of-way, including, but not limited to, support activities.
(4) Start of construction.
(d) The program shall be submitted to the commission not later than January 31 of each even-numbered year. Prior to submitting the plan, the department shall make a draft of its proposed program available to transportation planning agencies for review and comment and shall include the comments in its submittal to the commission.
(e) The commission may review the program relative to its overall adequacy, consistency with the asset management plan prepared and approved pursuant to Section 14526.4 and funding priorities established in Section 167 of the Streets and Highways Code, the level of annual funding needed to implement the program, and the impact of those expenditures on the state transportation improvement program. The commission shall adopt the program and submit it to the Legislature and the Governor not later than April 1 of each even-numbered year. The commission may decline to adopt the program if the commission determines that the program is not sufficiently consistent with the asset management plan prepared and approved pursuant to Section 14526.4.
(f) The department shall hold at least one public hearing in each of its districts on state highway operation and protection program projects. The hearing shall be accessible by public transit and held at times that are convenient for disadvantaged community residents. Upon request, translation services shall be provided to ensure meaningful participation by non-English-speaking residents.

(f)

(g) Expenditures for these projects shall not be subject to Sections 188 and 188.8 of the Streets and Highways Code.

SEC. 6.

 Section 167 of the Streets and Highways Code is amended to read:

167.
 (a) Funds in the State Highway Account in the State Transportation Fund shall be programmed, budgeted subject to Section 163, and expended to maximize the use of federal funds and shall be based on the following sequence of priorities:
(1) Operation, maintenance, and rehabilitation of the state highway system.
(2) Safety improvements where physical changes, other than adding additional lanes, would reduce fatalities and the number and severity of injuries. injuries to pedestrians.
(3) Transportation capital improvements that expand capacity or reduce congestion, or do both.
(4) Environmental enhancement and mitigation programs.
(b) With respect to the funds in the State Highway Account, in the Public Transportation Account, and in the Passenger Rail Bond Fund, the proposed budget shall be organized on a program basis. The proposed budget shall list the proposed expenditures for the transportation program under the following program elements:
(1) Administration.
(2) Program development.
(3) Maintenance.
(4) State highway operation and protection.
(5) Local assistance.
(6) Interregional improvements.
(7) Regional improvements.
(8) Environmental enhancement and mitigation programs.
(c) State operations expenditure amounts of the department for interregional and regional transportation improvement projects shall be listed as required by subdivision (b) of Section 14529 of the Government Code, but those amounts other than those for the acquisition of rights-of-way, construction, and construction support shall not be subject to allocation by the commission.
(d) To align the annual budget with the adopted state transportation improvement program, the department may submit to the Department of Finance revised capital outlay support and capital outlay budget estimates as part of its May Revision process. Budget proposals related to these changes shall be provided to the Legislature no later than May 1.
(e) The budget shall not include specific appropriations for specific transportation improvement projects, and the Legislature shall not enact legislation containing specific individual transportation projects.
(f) The basis for defining major and minor capital outlay projects shall be established by the commission.
(g) The Legislative Analyst shall prepare an analysis of the proposed expenditures for each program element as a part of the budget analysis.
(h) The department shall submit to the Legislative Analyst, and the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget, on an annual basis, supplemental information to substantiate the department’s proposed capital outlay support budget. The information shall be provided no later than May 1 of each year, and may be provided at an earlier date. The information shall include, but not be limited to, the following:
(1) A list of projects for which the department will perform capital outlay support work in the budget year. For each project, the department shall include:
(A) The planned project support budget for support of environmental, design, right-of-way, and construction phases.
(B) The planned capital costs, including construction capital costs and right-of-way capital costs.
(C) The estimated or actual construction start date and completion date.
(D) The name and year of the state transportation program in which the project is programmed, if applicable.
(E) Total prior fiscal year expenditures for capital outlay support.
(F) The number of full-time equivalent positions requested to perform support of environmental, design, right-of-way, and construction work in the fiscal year of the budget request.
(G) Milestones of project work by phases that are planned to be completed in the fiscal year of the budget request.
(H) The ratio of support to capital costs based on current programming.
(2) The capital-to-support ratio for all projects completed in the prior fiscal year in each program in each district.
(3) The current total number of authorized and vacant positions in the capital outlay support program in headquarters and in each district.
(4) A five-year projection of the department’s staffing needs to support the state’s transportation capital programs and any workload performed by the department related to federal or local funding for highway capital projects.
(5) The average cost of a personnel-year equivalent in each district based on the department’s existing contracts for capital outlay support work performed by a private company under contract with the department. For each average cost, the department shall provide a description of what factors are included in that cost.
(6) The average cost of a state staff personnel-year in the capital outlay support program in each district and in headquarters. The cost shall include the salary and wages, benefits, program overhead, administrative overhead, and other associated costs. The department shall provide a description of each component of the average cost.
(7) A summary of expected capital outlay support workload for the budget year that includes the following:
(A) The total full-time equivalents requested for each type of the following activities: environmental, design, right-of-way, and construction.
(B) The total full-time equivalents requested for each type of project, including, but not limited to, the state transportation improvement program, the state highway operation and protection program, bond programs, regional and local agency partnership workload, and any other program.
(8) The total number of projects with requested resources, as well as the number of projects in which the department is limited to an oversight role.
(9) The number of milestones scheduled, including environmental, design, right-of-way, and construction deliverables, as well as the number of projects expected to begin construction and reach completion.
(10) A summary for the most recently completed fiscal year for the following:
(A) Full-time equivalents and related funding expended, including support of environmental, design, right-of-way, and construction activities.
(B) Approved and filled positions as of the end of the fiscal year.

SECTION 1.Section 14528.2 is added to the Government Code, to read:
14528.2.

(a)On or before January 1, 2018, the commission shall establish a process whereby the department and local agencies receiving funding for highway capital improvements from the State Highway Operation and Protection Program or the State Transportation Improvement Program prioritize projects that provide meaningful benefits to the mobility and safety needs of disadvantaged community residents as identified by the community through strong public participation. Projects that provide meaningful benefits in this regard shall include, but are not limited to, any of the following:

(1)Construction of new walkways, bikeways, and crossing facilities, or improvements to existing bikeways, walkways, and crossing facilities, that improve mobility, access, and safety for nonmotorized users in disadvantaged communities, and that connect residents to community-identified amenities such as transit stops, employment centers, schools, medical facilities, grocery stores, and other community services.

(2)Transit capital improvements that address community-identified mobility and safety needs, including, but not limited to, shelters, benches, and lighting.

(3)Open space preservation adjoining parallel active transportation routes, providing for recreation and wildlife connectivity, or buffers to minimize impacts of air pollution.

(4)Pedestrian or bicycle traffic control devices to improve the safety of nonmotorized users.

(b)In order to implement subdivision (a), the commission shall do all of the following:

(1)Establish a funding floor where no less than 35 percent of rehabilitation and reconstruction projects are located in urban and rural disadvantaged communities and provide meaningful benefits to community residents in those disadvantaged communities.

(2)Include robust public stakeholder engagement on the development of guidelines relating to prioritization of projects in disadvantaged communities. The engagement shall include at least two public hearings in each region around the state at locations that are accessible by public transit and that are held at times that are convenient for disadvantaged community residents, with the provision of translation services to ensure meaningful participation by non-English-speaking residents. “Region,” for the purpose of this paragraph, means southern California, the Inland Empire, northern California, and the San Joaquin Valley.

(3)Adopt guidelines and performance criteria for the department and local agencies relative to social, economic, and regional equity and public health impacts of highway projects funded from the State Highway Operation and Protection Program or the State Transportation Improvement Program.

(4)Require the lead agency on each project to provide a description of how a proposed project located in a disadvantaged community provides meaningful benefits to the community. The location of a project in a disadvantaged community by itself does not mean that the project provides meaningful benefits to that community in the absence of a well-grounded description. In order for a benefit to be meaningful, it shall be direct and assured.

(5)Prioritize projects that recruit, hire, and train low-income, formerly incarcerated, or disconnected youth and adults and other individuals with barriers to employment pursuant to Section 14005 of the Unemployment Insurance Code, including projects that utilize community workforce agreements, project labor agreements with targeted hire commitments, and partnerships with community-based workforce training entities preparing low-income youth and adults for employment.

(6) Require the lead agency on each project to report to the commission with documentation on each of the following upon completion of the project:

(A)A description of and the location of the project, including a map that delineates the location of targeted persons that will benefit from the project in relationship to the project site.

(B)The amount of funds expended on the project.

(C)The completion date of the project.

(D)The project’s estimated useful life.

(E)A description of mobility benefits provided as a result of the project to transit, bicycling, and pedestrians.

(F)A description of the community engagement process and its accessibility to disadvantaged community residents, and the contribution of that process to identification of benefits to those residents from the project and resident engagement in implementation of project.

(G)An analysis of how mobility benefits of the project are accessible to disadvantaged community residents within the project area.

(H)A description and, if feasible, a quantification of the public health and safety, economic, and environmental cobenefits resulting from the project. To the extent the performance criteria for each cobenefit category have not been met, documentation shall be provided that identifies any statutory or regulatory barriers, or alternatively, a demonstrated absence of need.

(I)Documentation of the number of disadvantaged project area residents or individuals with employment barriers who were employed by the project or were provided workforce training opportunities through the project, including hours worked, hourly wage, types of benefits, occupation or trainee classification, and documentation of any partnerships with community based workforce training entities preparing low-income youth and adults for employment.

(J)Levels of particulate matter, oxides of nitrogen, and sulphur oxides in the project area prior to completion of the project, and projected levels upon completion of the project.

(K)An analysis of the air pollution burden on low-income and disadvantaged community residents within the project area.

(7)Evaluate the documentation provided pursuant to paragraph (6) to determine the effectiveness of each completed project relative to all of the following:

(A)Improvement of access and mobility for disadvantaged community residents and connection to community-identified amenities.

(B)Improvement of public health and air quality in the project area, and particularly benefits and burdens on disadvantaged community residents.

(C)Improvement of access to workforce development opportunities and living wage jobs and careers for individuals with barriers to employment and disadvantaged community residents.

(c)The commission may withhold future funding allocations to an applicant from the State Highway Operation and Protection Program and the State Transportation Improvement Program if it determines that previous use of funding by the applicant has not adequately furthered the objectives of subdivision (a).

(d)The commission shall provide a biannual report to the Legislature on the implementation of this section. The report shall be submitted pursuant to Section 9795 of the Government Code.

(e)As used in this section, “disadvantaged community” means a community with any of the following characteristics:

(1)An area with a median household income less than 80 percent of the statewide median household income based on the most current census tract-level data from the American Community Survey.

(2)An area identified as among the most disadvantaged 25 percent of areas in the state according to the California Environmental Protection Agency, based on the latest version of the California Communities Environmental Health Screening Tool (CalEnviroScreen) scores.

(3)An area where at least 75 percent of public school students are eligible to receive free or reduced-price meals under the National School Lunch Program. To the extent the characteristics of this paragraph are used to determine that an area is disadvantaged, the applicant shall either demonstrate how the proposed project benefits those public school students in the project area or, if the proposed project does not provide meaningful benefits to those public school students, demonstrate how the characteristics are applicable in determining that the larger community is disadvantaged.