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SB-152 Active Transportation Program.(2019-2020)

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Date Published: 04/25/2019 09:00 PM
SB152:v97#DOCUMENT

Amended  IN  Senate  April 25, 2019
Amended  IN  Senate  March 20, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 152


Introduced by Senator Beall

January 22, 2019


An act to amend Sections 2381, 2382, and 2384 of of, and to add Section 2384.5 to, the Streets and Highways Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


SB 152, as amended, Beall. 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 competitively awarded by the commission on a statewide basis, 10% of available funds to projects in small urban and rural regions, and the remaining 40% of available funds to projects selected by metropolitan planning organizations (MPO) in urban areas with populations greater than 200,000, with the available funds distributed to each MPO based on its relative share of the population. Existing law requires the commission to develop guidelines and project selection criteria for the program in consultation with various agencies and interested parties. To ensure that 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 that 75% 60% of available funds be awarded to projects selected by MPOs in urban areas with populations greater than 200,000, with the available funds distributed to each MPO based on its relative share of the population, 15% to fund projects in small urban and rural regions, and 10% 25% to projects of a transformative nature competitively awarded by the commission on a statewide basis. The bill would require, rather than authorize, the commission to adopt separate guidelines for the MPOs to ensure that they have sufficient discretion to adopt regional guidelines. guidelines and would not limit those guidelines to project selection criteria. The bill would authorize an MPO to perform its own competitive project selection process using in accordance with the regional guidelines adopted by the commission, or to request the commission to perform the competitive project selection process on the MPOS MPO’s behalf using in accordance with guidelines adopted by the commission for the projects awarded in small urban and rural regions and 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 to the department for disbursement to each MPO for award to projects selected by the applicable MPO, unless the MPO requests the commission to conduct the competitive selection process on behalf of the MPO. The bill would authorize the commission to authorize the department to allocate a portion of the funds in the small urban and rural and the statewide distribution categories and, if the MPO requests the commission to perform the competitive project selection process on its behalf, to allocate a portion of those funds. The bill would make the provisions of the bill apply only to the 5th and successive funding cycles of the Active Transportation Program.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 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. Notwithstanding subdivision (b) of Section 2032, funds for the program shall be appropriated to the department, for allocation by the commission. With respect to funding provided pursuant to this chapter, it is the intent of the Legislature that any project savings or funds remaining if a project loses funding provided pursuant to this chapter remain in the Active Transportation Program. 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 Program 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) Seventy-five Sixty percent to metropolitan planning organizations in urban areas with populations greater than 200,000, in proportion to their relative share of population. Funds awarded under this paragraph shall be obligated for eligible projects selected through a competitive process by the metropolitan planning organizations and in accordance with guidelines established pursuant to this chapter. These funds shall be allocated by the commission as a lump sum amount to each metropolitan planning organization the department for disbursement to metropolitan planning organizations in the same manner as other local assistance funds, except if the metropolitan planning organization requests the commission to perform the competitive selection process pursuant to subdivision (l) of Section 2382. In order to apply for funding for a project pursuant to this paragraph, a project applicant is not required to also apply for funding for that project pursuant to paragraph (3). If a metropolitan planning organization requests the commission to perform the competitive project selection process on its behalf pursuant to subdivision (l) of Section 2382, the commission may authorize the department to allocate a portion of those funds.
(2) Fifteen percent to small urban and rural regions with populations of 200,000 or less, with projects competitively awarded by the commission to projects in those regions. The commission may authorize the department to allocate a portion of the funds to be allocated pursuant to this paragraph.
(3) Ten Twenty-five percent to projects of a transformative nature competitively awarded by the commission on a statewide basis. basis with consideration of broad geographic balance. The commission may authorize the department to allocate a portion of the funds to be allocated pursuant to this paragraph.
(b) For the purpose of paragraph (1) of subdivision (a), the following shall apply in the region served by the Southern California Association of Governments:
(1) The 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 Code in the development of competitive selection criteria to be adopted by the Southern California Association of Governments, which should include consideration of geographic equity, consistent with program objectives.
(2) The 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 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. 2.

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

2382.
 (a) The commission shall develop guidelines and project selection criteria applicable to paragraphs (2) and (3) of subdivision (a) of Section 2381 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 be used 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 shall not be limited to, the 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 or department approval, as applicable, 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, commission or department, and to be reimbursed at a later time for eligible expenditures.
(e) The 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. Ancillary costs may include costs associated with followup bicycle and pedestrian counts, installation of ongoing bicycle and pedestrian counters, and changes to underlying utility and sewer systems necessitated by the active transportation project, if these costs are consistent with the eligibility requirements of the funding sources and requirements applicable to any federal funding provided for the project. 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. Projects described in this paragraph shall be eligible to receive funding in more than one cycle.
(g) In developing the guidelines with regard to project selection, the commission shall include include, but need not be limited to, the following criteria, unless the particular criteria does not apply to the type of project:
(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) (A) Benefit to disadvantaged communities. In
(B) In developing guidelines relative to this paragraph, the commission shall consider, but shall not be limited to, the definition of disadvantaged communities as applied pursuant to subdivision (c).
(C) In developing regional guidelines pursuant to paragraph (1) of subdivision (l) relative to this paragraph, a metropolitan planning organization shall consider the definitions of disadvantaged communities included in the state guidelines adopted by the commission. A metropolitan planning organization may adopt an additional definition of disadvantaged communities within its regional guidelines if the commission, in consultation with the metropolitan planning organization, reviews and approves that definition.
(D) A metropolitan planning organization that performs the competitive project selection process in accordance with guidelines adopted by the commission for metropolitan planning organizations shall track and report to the commission the projects that it selects that benefit disadvantaged communities in each program cycle.
(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 Surface Transportation Block Grant 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 shall collaborate with the Department of Parks and Recreation to evaluate proposed projects, and to ensure federal requirements are met.
(l) (1) To ensure that regional agencies metropolitan planning organizations charged with allocating funds to projects pursuant to paragraph (1) of subdivision (a) of Section 2381 have sufficient discretion to adopt regional guidelines, the commission shall adopt separate guidelines for the regional agencies state and for the metropolitan planning organizations pursuant to this section to provide regional agencies metropolitan planning organizations with greater flexibility in the application and evaluation process, and in the administration of their programs. In the guidelines the commission adopts pursuant to this subdivision, adopts for metropolitan planning organizations, the commission shall require do both of the following:
(A) Require regular reporting on project status and benefits pursuant to the commission’s SB 1 Accountability and Transparency Guidelines (Resolution G-18-09).
(B) Ensure that metropolitan planning organizations comply with adopted statewide goals and priorities set forth in state law and by executive order.
(2) Each regional agency metropolitan planning organization may perform the competitive project selection process using in accordance with the guidelines adopted pursuant to paragraph (1) for metropolitan planning organizations or may request the commission to perform the competitive project selection process on its behalf using in accordance with the commission’s guidelines adopted pursuant to subdivision (a). for the state. Each metropolitan planning organization that performs its own competitive project selection process shall share with the commission its scoring criteria for review and comment to ensure the criteria are consistent with the guidelines that the commission adopts for metropolitan planning organizations.

SEC. 3.

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

2384.
 (a) The commission shall adopt a program of projects to receive funding pursuant to paragraphs (2) and (3) of subdivision (a) of Section 2381. Each program shall cover a period of four fiscal years beginning on July 1 of the year of adoption. The commission shall form a multidisciplinary advisory group to assist it in evaluating project applications.
(b) A regional agency metropolitan planning organization shall adopt a program of projects to receive funding pursuant to paragraph (1) of subdivision (a) of Section 2381. A regional agency metropolitan planning organization shall adopt each program no later than July 1 of each odd-numbered year. Each program shall cover a period of four fiscal years beginning July 1 of the year of adoption. If a regional agency metropolitan planning organization requests the commission to perform the competitive project selection process on its behalf, as described in subdivision (l) of Section 2382, the commission shall adopt the program of projects for the regional agency metropolitan planning organization pursuant to subdivision (a).
(c) To allow additional time for guideline development and stakeholder input, the commission and metropolitan planning organizations may adopt the program of projects for the fifth funding cycle pursuant to this chapter no later than October 31, 2021.

SEC. 4.

 Section 2384.5 is added to the Streets and Highways Code, to read:

2384.5.
 Any funding awarded pursuant to this chapter in the commission’s fourth funding cycle, or in a previous funding cycle, shall be governed by this chapter as it read on December 31, 2019.