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AB-1402 Active Transportation Program.(2019-2020)

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Date Published: 03/26/2019 09:00 PM
AB1402:v98#DOCUMENT

Amended  IN  Assembly  March 26, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1402


Introduced by Assembly Member Petrie-Norris

February 22, 2019


An act to amend Section 670 of the Streets and Highways Code, relating to state highways. An act to amend Sections 2380, 2381, 2382, and 2384 of the Streets and Highways Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


AB 1402, as amended, Petrie-Norris. Department of Transportation: permits. Active Transportation Program.
Existing law establishes the Active Transportation Program in the Department of Transportation for the purpose of encouraging increased use of active modes of transportation, such as biking and walking. Existing law requires specified funds for the program to be appropriated to the department in the annual Budget Act and allocated to eligible projects by the California Transportation Commission. Existing law requires the commission to award 50% of available funds to projects statewide, 10% of available funds to projects in small urban and rural regions, and the remaining 40% of available funds to projects by metropolitan planning organizations (MPO), with the funds available for distribution by each MPO based on its relative population. Existing law requires the commission to develop guidelines and procedures, including project selection criteria, for the program in consultation with various agencies and interested parties. To ensure that the MPOs have sufficient discretion to develop regional guidelines, existing law authorizes the commission to adopt separate guidelines for the state and the MPOs with regard to project selection criteria. Existing law requires the commission to initially adopt a 2-year program of projects for the program, with subsequent 4-year programs thereafter.
This bill would require the department, instead of the commission, to award funds to projects in the statewide and small urban and rural region distribution categories and to adopt a program of projects for those distribution categories. The bill would require that 75% of available funds be awarded to MPO’s in urban areas with populations greater than 200,000, in proportion to their relative share of the population, 15% to small urban and rural regions with populations of 200,000 or less, competitively awarded by the department to projects in those regions, and 10% to projects competitively awarded by the department, in consultation with the commission, on a statewide basis. With respect to the funds made available to MPOs, the bill would require the commission to allocate those funds to each MPO as a lump sum for award to projects selected by the applicable MPO. The bill would authorize MPO’s to adopt their own guidelines, or use part or all of the guidelines developed by the commission. The bill would also authorize specified county transportation commissions to create their own set of guidelines that govern the funding distribution for their jurisdiction and would require those guidelines to be accepted and incorporated into the MPO guidelines. To the extent the bill imposes additional duties on an MPO, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law provides that the Department of Transportation has full possession and control of all state highways and associated property, and sets forth the powers and duties of the department with respect to the operation, maintenance, and improvement of state highways. Existing law authorizes the department to issue written permits to authorize a permittee to, among other things, install or remove tire chains upon motor vehicles for compensation on a state highway.

This bill would make a nonsubstantive change to the latter provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 2380 of the Streets and Highways Code is amended to read:

2380.
 There is hereby established the Active Transportation Program in the department for the purpose of encouraging increased use of active modes of transportation, such as biking and walking. It is the intent of the Legislature that the program achieve all of the following goals:
(a) Increase the proportion of trips accomplished by biking and walking.
(b) Increase safety and mobility for nonmotorized users.
(c) Advance the active transportation efforts of regional agencies to achieve greenhouse gas reduction goals as established pursuant to Senate Bill 375 (Chapter 728, Statutes of 2008) and Senate Bill 391 (Chapter 585, Statutes of 2009).
(d) Enhance public health, including reduction of childhood obesity through the use of programs including, but not limited to, projects eligible for Safe Routes to School Program funding.
(e) Ensure that disadvantaged communities fully share in the benefits of the program.
(f) Provide a broad spectrum of projects to benefit many types of active transportation users.
(g) Provide geographic balance in the selection of projects from the statewide competitive portion of the program.

SEC. 2.

 Section 2381 of the Streets and Highways Code is amended to read:

2381.
 (a) The Active Transportation Program shall be funded by state and federal funds from appropriations in the annual Budget Act. Funds Notwithstanding subdivision (b) of Section 2032, funds for the program shall be appropriated to the department, for allocation by the commission. distribution pursuant to paragraphs (1), (2), and (3). The amount to be appropriated annually shall include 100 percent of the federal Transportation Alternative Program funds, except for any federal Recreational Trails Program funds appropriated to the Department of Parks and Recreation; twenty-one million dollars ($21,000,000) of federal Highway Safety Improvement funds or other federal funds; one hundred million dollars ($100,000,000) from the Road Maintenance and Rehabilitation Account pursuant to subdivision (b) of Section 2032; and State Highway Account funds. Future funding may be augmented if state or federal funds increase, or if other funding sources are identified. Funds appropriated for the Active Transportation Program shall be distributed as follows:
(1) Forty Seventy-five percent to metropolitan planning organizations in urban areas with populations greater than 200,000, in proportion to their relative share of population. Funds allocated awarded under this paragraph shall be obligated for eligible projects selected through a competitive process by the metropolitan planning organizations in consultation with the department and the commission and in accordance with guidelines established pursuant to this chapter. These funds shall be allocated by the commission as a lump sum amount to individual metropolitan planning organizations in the same manner as other local assistance funds.
(2) Ten Fifteen percent to small urban and rural regions with populations of 200,000 or less, with projects competitively awarded by the commission department to projects in those regions.
(3) Fifty Ten percent to projects competitively awarded by the commission department, in consultation with the commission, on a statewide basis.
(b) For the purpose of paragraph (1) of subdivision (a), the following shall apply in the region served by the multicounty designated transportation planning agency described in Section 130004 of the Public Utilities Code: Southern California Association of Governments.
(1) The multicounty designated transportation planning agency Southern California Association of Governments shall consult with the county transportation commissions created pursuant to Sections 130050, 130050.1, and 132800 of the Public Utilities Code, the commission, and the department in the development of competitive selection criteria to be adopted by the multicounty designated transportation planning agency, Southern California Association of Governments, which should include consideration of geographic equity, consistent with program objectives.
(2) The multicounty designated transportation planning agency Southern California Association of Governments shall place priority on projects that are consistent with plans adopted by local and regional governments within the county where the project is located.
(3) The multicounty designated transportation planning agency Southern California Association of Governments shall obtain concurrence from the county transportation commissions, adopt the projects selected in a comprehensive program of projects, and make funds available to selected project recipients.
(c) The Legislature finds and declares that the program described in this chapter constitutes a highway purpose under Article XIX of the California Constitution and justifies the expenditure of highway funds therefor, and all expenditures of Article XIX funds under this program shall be consistent with Article XIX.

SEC. 3.

 Section 2382 of the Streets and Highways Code is amended to read:

2382.
 (a) The Except as provided in subdivision (l), the California Transportation Commission shall develop guidelines and project selection criteria for the Active Transportation Program in consultation with the Active Transportation Program Workgroup, which shall be formed for purposes of providing guidance on matters including, but not limited to, development of and subsequent revisions to program guidelines, schedules and procedures, project selection criteria, performance measures, and program evaluation. The workgroup shall include, but not be limited to, representatives of government agencies and active transportation stakeholder organizations with expertise in pedestrian and bicycle issues, including Safe Routes to School programs.
(b) The guidelines shall be the complete and full statement of the policies and criteria that the commission intends to for use in selecting projects to be included in the program. The guidelines shall address subjects that include, but are not limited to, project eligibility, application timelines, application rating and ranking criteria, project monitoring, reporting, and transparency, and project performance measurement.
(c) The guidelines shall include a process to ensure that no less than 25 percent of overall program funds benefit disadvantaged communities during each program cycle. The guidelines shall establish a program definition for disadvantaged communities that may include, but need shall not be limited to, the definition description in Section 39711 of the Health and Safety Code and the definition of low-income schools in paragraph (7) of subdivision (b) of former Section 2333.5, as that section read on January 1, 2013. A project eligible under this subdivision shall clearly demonstrate a benefit to a disadvantaged community or be directly located in a disadvantaged community.
(d) The guidelines shall allow streamlining of project delivery by authorizing an implementing agency to seek commission approval of a letter of no prejudice that will allow the agency to expend its own funds for a project programmed in a future year of the adopted program of projects, in advance of allocation of funds to the project by the commission, and to be reimbursed at a later time for eligible expenditures.
(e) The California Transportation Commission commission shall adopt the guidelines and selection criteria for, and define the types of projects eligible to be funded through, the program following at least two public hearings. Projects funded in this program shall be limited to active transportation projects, including ancillary costs associated with the construction of those projects. The guidelines shall ensure that eligible projects meet one or more of the goals set forth in Section 2380 and may give increased weight to projects meeting multiple goals.
(f) In developing the guidelines with regard to project eligibility, the commission shall include, but need not be limited to, the following project types:
(1) Development of new bikeways and walkways, or improvements to existing bikeways and walkways, that improve mobility, access, or safety for nonmotorized users.
(2) Secure bicycle parking at employment centers, park and ride lots, rail and transit stations, and ferry docks and landings.
(3) Bicycle-carrying facilities on public transit, including rail and ferries.
(4) Installation of traffic control devices to improve the safety of pedestrians and bicyclists.
(5) Elimination of hazardous conditions on existing bikeways and walkways.
(6) Maintenance of bikeways and walkways.
(7) Recreational trails and trailheads, park projects that facilitate trail linkages or connectivity to nonmotorized corridors, and conversion of abandoned railroad corridors to trails.
(8) Safe Routes to School projects that improve the safety of children walking and bicycling to school, in accordance with Section 1404 of Public Law 109-59.
(9) Safe routes to transit projects, which will encourage transit by improving biking and walking routes to mass transportation facilities and schoolbus stops.
(10) Educational programs to increase biking and walking, and other noninfrastructure investments that demonstrate effectiveness in increasing active transportation.
(g) In developing the guidelines with regard to project selection, the commission shall include, but need not be limited to, the following criteria:
(1) Demonstrated needs of the applicant.
(2) Potential for reducing pedestrian and bicyclist injuries and fatalities.
(3) Potential for encouraging increased walking and bicycling, especially among students.
(4) Identification of safety hazards for pedestrians and bicyclists.
(5) Identification of walking and bicycling routes to and from schools, transit facilities, and community centers.
(6) Identification of the local public participation process that culminated in the project proposal, which may include noticed public meetings and consultation with local stakeholders.
(7) Benefit to disadvantaged communities. In developing guidelines relative to this paragraph, the commission shall consider, but need shall not be limited to, the definition of disadvantaged communities as applied pursuant to subdivision (c).
(8) Cost-effectiveness, defined as maximizing the impact of the funds provided.
(9) The adoption by a city or county applicant of a bicycle transportation plan, pursuant to Section 891.2, a pedestrian plan, a safe routes to school plan, or an overall active transportation plan.
(10) Use of the California Conservation Corps or a qualified community conservation corps, as defined in Section 14507.5 of the Public Resources Code, as partners to undertake or construct applicable projects in accordance with Section 1524 of Public Law 112-141.
(11) Other factors, such as potential for reducing congestion, improving air quality, reducing greenhouse gas emissions, and increasing and improving connectivity and mobility of nonmotorized users.
(h) For the use of federal Transportation Alternative Program funds, or other federal funds, commission guidelines shall meet all applicable federal requirements.
(i) For the use of federal Highway Safety Improvement Program funds for active transportation projects specific to reducing fatalities and serious injuries, the criteria for the selection of projects shall be based on a data-driven process that is aligned with the state’s Strategic Highway Safety Plan.
(j) The guidelines may include incentives intended to maximize the potential for attracting funds other than program funds for eligible projects.
(k) In reviewing and selecting projects funded by federal funds in the Recreational Trails Program, the commission department shall collaborate with the Department of Parks and Recreation to evaluate proposed projects, and to ensure federal requirements are met.
(l) To ensure that regional agencies charged with allocating funds to projects pursuant to paragraph (1) of subdivision (a) of Section 2381 have sufficient discretion to develop regional guidelines, guidelines that address the commission may adopt separate guidelines for the state and for the regional agencies relative to subdivision (g). needs of their region, metropolitan planning organizations may adopt their own guidelines, or use part or all of the guidelines developed by the commission, consistent with the criteria provided under this section. In the area covered by the Southern California Association of Governments, the county transportation commissions created pursuant to Sections 130050, 130050.1, and 132800 of the Public Utilities Code, may create their own set of guidelines that govern the funding distribution for their jurisdiction and those guidelines shall be accepted and incorporated into the metropolitan planning organization’s guidelines.

SEC. 4.

 Section 2384 of the Streets and Highways Code is amended to read:

2384.
 The commission department shall adopt a program of projects to receive allocations under this chapter. The guidelines for an initial two-year program of projects shall be adopted within six months of the enactment of the act enacting this section. The commission shall adopt each program by no later than July 1 of each odd-numbered year, but may alternatively elect funding pursuant to adopt a program annually. Each subsequent program shall cover a paragraphs (2) and (3) of subdivision (a) of Section 2381 covering a period of four fiscal years, years beginning on July 1 of the year of adoption, and shall be a statement of intent by the commission for the allocation or expenditure of funds during those four fiscal years. adoption. The commission department shall form a multidisciplinary advisory group to assist it in evaluating project applications.

SEC. 5.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 670 of the Streets and Highways Code is amended to read:
670.

(a)The department may issue written permits, as provided in this chapter, authorizing the permittee to do any of the following acts:

(1)Make an opening or excavation for any purpose in any state highway.

(2)Place, change, or renew an encroachment.

(3)Place or display in, under, or over any state highway any advertising sign or device. Any advertising sign or device placed or displayed in violation of this section is a public nuisance and the department may immediately remove it. This section does not prohibit the posting of any notice in the manner required by law or by the order of any court.

(4)Plant, remove, cut, cut down, injure, or destroy any tree, shrub, plant, or flower growing within any state highway. However, the department shall not issue a permit for, or take any other action to accomplish, the destruction, removal, or topping of any tree, unless the tree is dead or diseased, for the purpose of improving or enhancing the view from the highway of an advertising sign or device or any commercial activity, unless, for any project whose cost is more than five hundred dollars ($500), the permittee has obtained consent from the city or county in which the tree is located. Nothing in this paragraph limits the department’s authority to modify or deny any permittee’s request. If the city or county does not respond within 30 days to a request for a permit pursuant to this paragraph, the city or county is deemed to have given consent to the project.

(5)Install or remove tire chains upon motor vehicles for compensation on any state highway at locations designated in the permit, upon any terms and conditions relating to the safe and orderly movement of traffic that the department finds necessary. The department may issue sufficient permits for the installation or removal of tire chains that it finds necessary or desirable to accommodate the demand for those services consistent with the maximum convenience and safety to traffic. The department, in issuing any permit for the installation or removal of tire chains, shall not assume any responsibility for the competence or reliability of the permittee in performing those services.

(b)Any person who does any act specified in this section without a permit is guilty of a misdemeanor.