Existing law creates 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, with specified available funds to be awarded to eligible projects by the California Transportation Commission and regional transportation agencies. Existing law requires the commission to award 50% and 10% of available funds to projects statewide and to projects in small urban and rural regions, respectively, with the remaining 40% of available funds to be awarded to projects by metropolitan planning organizations, with the funds available for distribution by each metropolitan planning organization based on its relative population. Existing law requires the California Transportation Commission to adopt the 2015 program of projects no later than January 31, 2016, with each subsequent program of projects to be adopted by April 1 of each odd-numbered year, and requires the commission to adopt guidelines for the program.

This bill would would, for a program cycle adopted on or after January 1, 2018, require a minimum of 5% of available funds in each of the 3 distribution categories to be awarded for planning and community engagement for active transportation in disadvantaged communities and a minimum of 10% of all available Active Transportation Program funds to be programmed for planning and noninfrastructure purposes, except as provided. provided, and would require at least 50 percent of that amount to be programmed for planning activities to develop comprehensive active transportation master plans. The bill would also require the guidelines adopted by the commission to authorize an implementing agency to expend its own funds in advance of an allocation of funds to the project by the commission and to subsequently be reimbursed for eligible expenditures if the agency, for a project programmed in a future fiscal year, receives commission approval in the form of a letter of no prejudice or the agency, for a project programmed in the current fiscal year, notifies the commission of its intent to expend its own funds in advance of an allocation, as prescribed.

Existing law creates 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, with specified available funds to be awarded to eligible projects by the California Transportation Commission and regional transportation agencies. Existing law requires the commission to award 50% and 10% of available funds to projects statewide and to projects in small urban and rural regions, respectively, with the remaining 40% of available funds to be awarded to projects by metropolitan planning organizations, with the funds available for distribution by each metropolitan planning organization based on its relative population.

This bill would require a minimum of 5% of available funds in each of the 3 distribution categories to be awarded for planning and community engagement for active transportation in disadvantaged communities. The bill would also require communities and a minimum of 10% and a maximum of 30% of all available Active Transportation Program funds to be programmed for noninfrastructure purposes. purposes, except as provided.

Existing law creates 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, with specified available funds to be awarded to eligible projects by the California Transportation Commission and regional transportation agencies. Existing law requires the commission to award 50% and 10% of available funds to projects statewide and to projects in small urban and rural regions, respectively, with the remaining 40% of available funds to be awarded to projects by metropolitan planning organizations, with the funds available for distribution by each metropolitan planning organization based on its relative population.

This bill would require a minimum of 5% of available funds in each of the 3 distribution categories to be awarded for planning and community engagement for active transportation in disadvantaged communities. The bill would also require a minimum of 10% and a maximum of 30% of all available Active Transportation Program funds to be programmed for noninfrastructure purposes.

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 2796 (Bloom) - Active Transportation Program

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 2796 would require that a minimum of 10 percent of Active Transportation Program (ATP) funding be programmed for planning and non-infrastructure activities, as specified. The bill would also authorize a local agency to spend its own funds on a project programmed in a future year, and be reimbursed at a later time for eligible expenditures.

Fiscal Impact:

• Cost pressures in the millions annually (State Highway Account and federal funds). By establishing a 10 percent minimum requirement in statute for planning and non-infrastructure projects, the bill would reduce the amount of funding available for ATP infrastructure projects, thereby creating pressures on an oversubscribed program. Current ATP guidelines specify that 2 percent of funds are set aside for planning.
  
• Minor and absorbable California Transportation Commission (CTC) costs to update ATP guidelines to specify the minimum planning and non-infrastructure requirement, and to prescribe the process for an agency to prefund a project. (State Highway Account)

Background:

The ATP was established, pursuant to SB 99 (Budget and Fiscal Review Committee), Chap. 359/2013, to consolidate several existing federal and state programs and accounts that totaled approximately $130 million in annual funding, including the state Bicycle Transportation Account, the state and federal Safe Routes to Schools (SRTS) programs, the federal Transportation Alternatives Program, and the state Environmental Enhancement and Mitigation Program. The budget agreement directed funds to be awarded by the CTC through a competitive process to urban regions (40%), small urban and rural regions (10%), and for statewide allocation (50%). The allocations for the statewide and small urban/rural components are awarded by CTC on a competitive basis, while the CTC allocates funds for the urban component in proportion to the regions’ relative population, and the each region award grants on a competitive basis. Existing law requires the CTC program guidelines to include a process to ensure that at least 25 percent of overall ATP funding benefit disadvantaged communities during each program cycle.

The 2017 ATP guidelines adopted by the CTC earlier this year cover fiscal years 2019-20 and 2020-21; projects will be adopted early next year. The 2017 guidelines set aside a maximum of 2% of funds in the statewide component, and in the small urban and rural component, for active transportation plans in disadvantaged communities. A large metropolitan planning organization may set aside up to 2% of its funding for active transportation plans in disadvantaged communities. Both planning and non-infrastructure projects are eligible for funding through all three program components.

The CTC’s 2015 fund estimate provides approximately $120 million in available resources for the ATP each year over a four-year cycle, approximately $85.5 million of which is from federal resources, with the remainder coming from the State Highway Account. The four-year fund estimate is updated and adopted every other year.

Proposed Law:

AB 2796 would make the following changes to the ATP:

• Require at least 10 percent of total funding available for distribution to be programmed for planning and non-infrastructure activities, including activities related to safe routes to school. At least 50 percent of this amount must be programmed for planning activities to develop comprehensive active transportation master plans.
• Authorize planning and non-infrastructure funds to be spent for other authorized expenditures if applications in any funding cycle do not exceed that minimum percentage of funding.
• Specify that the planning and non-infrastructure minimum funding requirements only apply to a program cycle adopted after January 1, 2018.
• Require CTC guidelines to establish a “letter of no prejudice” process that allows an agency to spend its own funds for a project programmed in a future year, in advance of an allocation, and to be reimbursed in a future year for eligible expenditures.
• Specify that non-infrastructure activities include public awareness campaigns and outreach to press and community leaders, traffic education and enforcement, sessions on bicycle and pedestrian safety, health, and environment, and funding for training, volunteers, and managers of specified program components.

Staff Comments:

Staff notes that the ATP is oversubscribed; over 600 applications requesting over $1 billion in funding were submitted in the most recent funding cycle, and the CTC awarded a total of $359 million for 200 projects. Approximately 5 percent of the total funding was awarded for planning and non-infrastructure activities in the last funding cycle. This bill would require, beginning in the first cycle after January 1, 2018, that a minimum of ten percent of funding be allocated for those activities, thereby creating at least $6 million in cost pressures on the program. While fewer infrastructure projects would be funded, the dedication of more funding to the development of active transportation master plans is likely to result in more competitive applications for funding in the future. Since disadvantaged communities are less likely to have plans in place, the bill may help ensure that proper planning in those communities helps to maximize targeted ATP investments.

-- END --

SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

Senator Jim Beall, Chair

2015 - 2016 Regular

Bill No: AB 2796 Hearing Date: 6/28/2016

SUBJECT: Active Transportation Program

DIGEST: This bill establishes a permanent set-aside in the Active Transportation Program (ATP) for planning and non-infrastructure projects.

ANALYSIS:

The ATP was established under the state Department of Transportation (Caltrans) pursuant to the 2013-14 budget agreement. The ATP consolidated part or all of several existing programs and accounts, including the state Bicycle Transportation Account, the state and federal Safe Routes to Schools (SRTS) programs, the federal Transportation Alternatives Program, and the state Environmental Enhancement and Mitigation Program. These programs and accounts totaled approximately $130 million per year. The budget agreement directed funds to be awarded by the California Transportation Commission (CTC) through a competitive process to urban regions (40%), small urban and rural regions (10%), and statewide (50%).

The budget agreement directed the CTC to develop program guidelines in consultation with a designated ATP working group. It directed that a minimum of 25% of overall ATP funds must benefit disadvantaged communities (DACs). It also guaranteed SRTS at least $24 million per year, for three years; of this amount, a minimum of $7.2 million was to be available for non-infrastructure program needs, including the continuation of technical assistance by the state.

The 2017 ATP guidelines adopted by the CTC earlier this year cover fiscal years 2019-20 and 2020-21; projects will be adopted early next year. The 2017 guidelines set aside a maximum of 2% of funds in the statewide component, and in the small urban and rural component, for active transportation plans in DACs. A large metropolitan planning organization may set aside up to 2% of its funding for active transportation plans in DACs.

This bill:

1. Requires, for each category (urban, small urban and rural, and statewide), at least 5% of funds to be awarded for planning and community engagement for active transportation in DACs.
2. Requires, for each category, at least 10% of funds to be programmed for non-infrastructure activities, including activities related to SRTS. If a project includes both infrastructure and non-infrastructure components, only the portion used for non-infrastructure shall count toward the 10%.
3. Requires that if applications submitted in a funding cycle are not sufficient to exceed the minimum percentages required, the applicable funds may be spent for other authorized purposes.

COMMENTS:

1. Purpose. The author states that this bill aims to address the competitive disadvantage of planning and non-infrastructure projects in the ATP grant process, which has discouraged under-resourced jurisdictions from applying for these grants. This bill seeks to create a funding ratio that more accurately reflects the proportion of applications for planning and non-infrastructure projects relative to infrastructure projects. Specifically, the author states that this bill enables planning and non-infrastructure projects to compete fairly in ATP by designating a set-aside for them.
2. Background. This committee was closely involved in the negotiations to establish the ATP in the 2013-14 budget agreement. The working group conducted extensive discussions about how large a set-aside to create for SRTS and for planning and non-infrastructure projects. The compromise eventually reached was to set aside a minimum of $24 million for SRTS for three years, with a set-aside within SRTS of at least $7.2 million for non-infrastructure program needs. This bill establishes a permanent set-aside of 15% in each of the three categories, of which 10% is allocated to non-infrastructure activities (including SRTS) and 5% is allocated to planning activities.
3. Where are we now? The author states that the CTC and Caltrans have put particular emphasis in the first two grant cycles on funding infrastructure grants, and that non-infrastructure and planning proposals have struggled to compete. The author states that in the first grant cycle, roughly 8% of overall funding went to planning and non-infrastructure grants, while in the second cycle, less than 5% of program funds went to grants of this type. The author states that planning is a huge need for active transportation, particularly in low-resourced communities. According to the author, non-infrastructure activities are critical to engage and excite residents to walk and bike more, as car-free street events like CicLAvia and programs like SRTS have demonstrated. However, the most recent guidelines adopted by the CTC reduce the non-infrastructure set-aside to 2%.
4. What are planning and non-infrastructure activities? Planning funds assist communities to, for example, create a local bicycle or pedestrian plan, while non-infrastructure activities often comprise a component of an infrastructure project. One of the larger solely non-infrastructure allocations in the 2015 funding cycle was for $966,000 in 2016-17 to the San Mateo County Office of Sustainability for its Sustainable Transportation Encouragement Project (STEP). According to the application, STEP will be implemented by a partnership between the office and Redwood City 2020, a community collaborative which includes Redwood City School District. The application states a need for outside grant funding due to a 40% cut in funding to the SRTS program, which is forcing them to cut back “education and encouragement services.”
5. A big piece of a small pot. The ATP is funded at approximately $120 million per year and programmed in four-year cycles. The bulk of program funding comes from the federal FAST Act. The ATP is extremely popular; in the second cycle, awarded in 2015, more than 600 applications were submitted, requesting over $1 billion in funds. Approximately 200 projects were awarded a total of $359 million. With demand exceeding supply by so great an amount, the question arises of whether a smaller set-aside might help focus limited funds on infrastructure projects.
6. Making planning a priority. Writing in support of this bill, a coalition of bicycle and pedestrian organizations state that, “The vast majority of communities across the state lack walk, bike, or active transportation master plans, and rely on grants from the ATP to develop plans that help them identify and build community support for future projects.” According to the Office of Planning and Research’s 2013-14 Annual Planning Survey Results, less than 50% of responding cities and counties reported having adopted a Bicycle Master Plan and only about 13% of respondents reported a Pedestrian Master Plan. This dearth of master plans raises the question of whether a larger set-aside for planning may be appropriate.
7. Opposition arguments. The CTC has taken an “oppose unless amended” position on this bill. The CTC writes that “while the Commission acknowledges the value in non-infrastructure active transportation projects, particularly those that are combined with infrastructure projects, it has had difficulty implementing grants awarded for those purposes.” The CTC states that statutory funding and program requirements and restrictions have led to frustration and time-consuming disputes between Caltrans and applicants regarding non-infrastructure projects. The CTC notes, however, that this difficulty might be mitigated through clearer legislative guidance on the types of non-infrastructure guidance eligible for ATP funds.
8. Amendments. To address some of the concerns outlined in the comments above, the author will accept the following amendments in committee:
   1. Add legislative intent language relating to the goals of the ATP.
   2. Specify that planning and construction of walking and biking infrastructure and implementation of behavioral-change strategies are part of the mission of the ATP.
   3. Revise the planning and non-infrastructure set-aside to comprise 10% of total available ATP funds. Of the set-aside, at least 50% must be designated for planning activities to develop comprehensive active transportation master plans, including for community engagement activities to engage residents in relation to these plans. Funding programmed for the ATP Resource Center at Caltrans shall not count toward the 10%.
   4. Allow an applicant to seek CTC approval of a letter of no prejudice allowing the applicant to spend its own funds for a project programmed in a future year and to be reimbursed later by the CTC.
   5. More clearly define non-infrastructure activities.

Related Legislation:

SB 99 (Committee on Budget and Fiscal Review, Chapter 359, Statutes of 2013) and AB 101 (Committee on Budget and Fiscal Review, Chapter 354, Statues of 2013) — created and funded the ATP.

Assembly Votes:

Floor: 78-1

Appr: 20-0

Trans: 16-0

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

POSITIONS: (Communicated to the committee before noon on Wednesday,

June 22, 2016.)

SUPPORT:

California Bicycle Coalition (co-sponsor)

California Walks (co-sponsor)

Safe Routes to School National Partnership (co-sponsor)

American Heart Association/American Stroke Association

American Lung Association in California

Amigos de los Rios

Bike East Bay

Bike Santa Cruz County

Bike SLO County

Breathe California

California League of Conservation Voters

California Pan-Ethnic Health Network

California ReLeaf

Catholic Charities, Diocese of Stockton

Center for Climate Change and Health

Chico Velo

Coalition for Clean Air

Comite Civico del Valle

County Health Executives Association of California

Gamaliel of California

Health Officers Association of California

Inland Empire Biking Alliance

Leadership Counsel for Justice and Accountability

Livable Communities, Inc.

Los Angeles County Bicycle Coalition

Marin County Bicycle Coalition

Move LA

Napa County Bicycle Coalition

PolicyLink

Public Advocates, Inc.

Rails-to-Trails Conservancy

San Diego County Bicycle Coalition

San Francisco Bay Area Rapid Transit District

Santa Barbara Bicycle Coalition

Silicon Valley Bicycle Coalition

The Environmental Council of Sacramento

Trust for Public Land

Walk San Francisco

OPPOSITION:

California Transportation Commission

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2796

Author:(Bloom and Low)

As Amended Ver:April 4, 2016

Majority vote

SUMMARY: Requires a minimum amount of funding be set aside for planning and non- infrastructure activities within the Active Transportation Program (ATP). Specifically, this bill:

1. Requires a minimum 5% of funding from the statewide, small urban and rural, and Metropolitan Planning Organization (MPO) programs within ATP be allocated for planning and community engagement for active transportation in disadvantaged communities.
2. Requires a minimum 10% of the total funding available for ATP be programmed for non-infrastructure activities, including activities relating to Safe Routes to School.
3. Clarifies that any portion of funding that supports non-infrastructure activities as part of a combined infrastructure and non-infrastructure project shall contribute to meeting the 10% minimum.
4. Allows for any additional funds remaining if applications to the programs do not meet the minimums required be expended on other projects.

EXISTING LAW:

1. Creates the ATP to be administered by the California Department of Transportation (Caltrans) and allocated by the California Transportation Commission (CTC) for the purpose of encouraging increased use of active modes of transportation, such as biking and walking.
2. Funds the ATP from a combination of federal and state funds.
3. Creates three programs within ATP for distribution of funds:
   1. 50% for statewide competitive program awarded by the CTC;
   2. 10% for projects in small urban and rural areas of the state awarded by the CTC; and,
   3. 40% for projects determined by MPO's over 200,000 in population. The 40% is distributed to MPOs based on their relative population.
4. Requires that no less than 25% of programs funds benefit disadvantaged communities.

FISCAL EFFECT: According to the Assembly Appropriations Committee, based on current program funding levels, this bill earmarks in statute at least $6 million of total ATP funds for planning and community engagement and $12 million for non-infrastructure activities. (CTC's current program guidelines set aside 2% of funds for planning. Non-infrastructure projects are eligible for funding in the three component programs.)

COMMENTS: The ATP was created by SB 99 (Committee on Budget and Fiscal Review), Chapter 359, Statutes of 2013, and AB 101 (Committee on Budget and Fiscal Review), Chapter 354, Statues of 2013, by consolidating existing federal and state programs and funding, including the federal Transportation Alternatives Program, the state Bicycle Transportation Account, and the federal and state Safe Routes to School programs. The purpose of the ATP is to encourage the use of active transportation modes including biking and walking. Specifically, ATP has the goals of increasing the proportion of biking and walking trips; increasing safety for non-motorized users; increasing mobility for non-motorized users; advancing the efforts of regional agencies to achieve greenhouse gas reduction goals; enhancing public health, including the reduction of childhood obesity through the use of projects eligible for Safe Routes to Schools Program funding; ensuring disadvantaged communities fully share in program benefits; and providing a broad spectrum of projects to benefit many types of active transportation users.

ATP has a wide eligibility for infrastructure projects such as bikeways, bicycle facilities, sidewalks, trails and crossing safety improvements, and non-infrastructure projects, such as educational programs and enforcement activities. Additionally, ATP funds planning activities, including the development of local bicycle and pedestrian master plans.

According to the author, this bill would address the competitive disadvantage of planning and non-infrastructure projects relative to infrastructure projects in ATP and enable such projects to compete fairly in the grant process. He states that the importance of non-infrastructure and planning projects in educating and encouraging biking and walking has been overlooked. The author is attempting to reflect the volume of applications for these activities in the minimum percentage amounts for non-infrastructure and planning activities. Further, the author adds that by establishing a specific set-aside, more communities will be encouraged to apply for grants.

The ATP has become extremely popular in the state with high demand for both the statewide and the regional programs. In fact, in some areas regional agencies contribute other federal, state and local funds to their respective programs to try to meet the demand. ATP is funded at approximately $120 million per year, and programmed in four year cycles. The bulk of the funding comes from the federal government through a set-aside program authorized by the Fixing America's Surface Transportation (FAST) Act. For example, in the second cycle, awarded in 2015, 617 applications were submitted, requesting over $1 billion in funds. In the three program components approximately 207 projects were awarded totaling $359 million. Of that amount less than 5% was awarded to non-infrastructure and planning activities.

Please see the policy committee analysis for full discussion of this bill.

Analysis Prepared by: Melissa White / TRANS. / (916) 319-2093 FN: 0003165

Date of Hearing: April 27, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 2796

Author:(Bloom) – As Amended Ver:April 4, 2016

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires, for the Active Transportation Program (ATP), that a minimum amount of funding be set aside for planning and non- infrastructure activities. Specifically, this bill:

1. Requires a minimum 5% of funding from the statewide, small urban and rural, and Metropolitan Planning Organization (MPO) programs within ATP be allocated for planning and community engagement for active transportation in disadvantaged communities.
2. Requires a minimum 10% of the total funding available for ATP be programmed for non-infrastructure activities, including activities relating to Safe Routes to School.

FISCAL EFFECT:

Based on current program funding levels, this bill earmarks in statute at least $6 million of total ATP funds for planning and community engagement and $12 million for non-infrastructure activities. (CTC's current program guidelines set aside 2% of funds for planning.)

COMMENTS:

1. Background. The ATP was created by SB 99 (Committee on Budget and Fiscal Review), Chapter 359, Statutes of 2013, by consolidating existing federal and state programs and funding, including the federal Transportation Alternatives Program, the state Bicycle Transportation Account, and the federal and state Safe Routes to School programs. AB 101 (Assembly Budget Committee), Chapter 354, Statutes of 2013, amended the 2013 Budget Act to in part appropriate $129.4 million for the ATP.

There are three programs within the ATP for distribution of available funds:

• 1. 50% for statewide competitive program awarded by the California Transportation Commission (CTC);
  2. 10% for projects in small urban and rural areas, awarded by the CTC; and,
  3. 40% for projects determined by MPOs with over 200,000 in population, and distributed to MPOs based on their relative population.

No less than 25% of programs funds are to benefit disadvantaged communities.

1. Purpose. According to the author, AB 2796 is intended to address the competitive disadvantage within the ATP of planning and non-infrastructure projects relative to infrastructure projects. The author believes that the importance of non-infrastructure and planning projects in educating and encouraging biking and walking has been overlooked. The author is attempting to reflect the volume of applications for these activities in the minimum percentage amounts for non-infrastructure and planning activities. Further, the author adds that by establishing a specific set-aside, more communities will be encouraged to apply for grants.

Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081

Date of Hearing: April 11, 2016

ASSEMBLY COMMITTEE ON TRANSPORTATION

Jim Frazier, Chair

ABPCA Bill Id:AB 2796 (

Author:Bloom and Low) – As Amended Ver:April 4, 2016

SUBJECT: Active Transportation Program

SUMMARY: Requires a minimum amount of funding be set aside for planning and non- infrastructure activities within the Active Transportation Program (ATP). Specifically, this bill:

1. Requires a minimum 5% of funding from the statewide, small urban and rural, and Metropolitan Planning Organization (MPO) programs within ATP be allocated for planning and community engagement for active transportation in disadvantaged communities.
2. Requires a minimum 10% of the total funding available for ATP be programmed for non-infrastructure activities, including activities relating to Safe Routes to School.
3. Clarifies that any portion of funding that supports non-infrastructure activities as part of a combined infrastructure and non-infrastructure project shall contribute to meeting the 10% minimum.
4. Allows for any additional funds remaining if applications to the programs do not meet the minimums required be expended on other projects.

EXISTING LAW:

1. Creates the ATP to be administered by the California Department of Transportation (Caltrans) and allocated by the California Transportation Commission (CTC) for the purpose of encouraging increased use of active modes of transportation, such as biking and walking.
2. Funds the ATP from a combination of federal and state funds.
3. Creates three programs within ATP for distribution of funds:
   1. 50% for statewide competitive program awarded by the CTC;
   2. 10% for projects in small urban an rural areas of the state awarded by the CTC; and,
   3. 40% for projects determined by MPO’s over 200,000 in population. The 40% is distributed to MPOs based on their relative population.
4. Requires that no less than 25% of programs funds benefit disadvantaged communities.

FISCAL EFFECT: Unknown

COMMENTS: The ATP was created by SB 99 (Committee on Budget and Fiscal Review), Chapter 359, Statutes of 2013, and AB 101 (Committee on Budget and Fiscal Review), Chapter 354, Statues of 2013, by consolidating existing federal and state programs and funding, including the federal Transportation Alternatives Program, the state Bicycle Transportation Account, and the federal and state Safe Routes to School programs. The purpose of the ATP is to encourage the use of active transportation modes including biking and walking. Specifically, ATP has the following goals:

1. Increase the proportion of biking and walking trips.
2. Increase safety for non-motorized users.
3. Increase mobility for non-motorized users.
4. Advance the efforts of regional agencies to achieve greenhouse gas reduction goals.
5. Enhance public health, including the reduction of childhood obesity through the use of projects eligible for Safe Routes to Schools Program funding.
6. Ensure disadvantaged communities fully share in program benefits.
7. Provide a broad spectrum of projects to benefit many types of active transportation users.

ATP has a wide eligibility for infrastructure projects such as bikeways, bicycle facilities, sidewalks, trails and crossing safety improvements, and non-infrastructure projects, such as educational programs and enforcement activities. Additionally, ATP funds planning activities, including the development of local bicycle and pedestrian master plans.

According to author, AB 2796 would address the competitive disadvantage of planning and non-infrastructure projects relative to infrastructure projects in ATP and enable such projects to compete fairly in the grant process. He states that the importance of non-infrastructure and planning projects in educating and encouraging biking and walking has been overlooked. The author is attempting to reflect the volume of applications for these activities in the minimum percentage amounts for non-infrastructure and planning activities. Further, the author adds that by establishing a specific set-aside, more communities will be encouraged to apply for grants.

The ATP has become extremely popular in the state with high demand for both the statewide and the regional programs. In fact, in some areas regional agencies contribute other federal, state and local funds to their respective programs to try to meet the demand. ATP is funded at approximately $120 million per year, and programmed in four year cycles. The bulk of the funding comes from the federal government through a set-aside program authorized by the Fixing America’s Surface Transportation (FAST) Act. For example, in the second cycle, awarded in 2015, 617 applications were submitted, requesting over $1 billion in funds. In the three program components approximately 207 projects were awarded totaling $359 million. Of that amount less than 5% was awarded to non-infrastructure and planning activities.

The author notes that planning continues to be a huge need for active transportation, especially in low-resourced communities. According to the Office of Planning and Research's 2013-14 Annual Planning Survey, less than 50% of respondent cities and counties reported an adopted Bicycle Master Plan and roughly 13% of respondents reported an adopted Pedestrian Master Plan. Planning funds help communities develop a long term vision for active transportation in their areas and enable the development of meaningful projects. Planning also serves to engage the public in identifying community needs and priorities.

The author further explains that non-infrastructure activities are also critical to engage and encourage residents to walk and bike more, as car-free street events like CicLAvia, and programs like Safe Routes to Schools have demonstrated. Both planning and non-infrastructure are essential components of Safe Routes to School activities, which promote safe walking and bicycling to school in thousands of schools statewide. Projects that combine infrastructure improvements with a non-infrastructure component have been met with great success. The funding set aside in this bill could help encourage the development of these types of larger efforts.

In the recent adoption of the guidelines for ATP’s third grant cycle, CTC set aside 2% of funds from the three component programs for planning. Non-infrastructure projects are eligible for funding in the three component programs.

Related legislation: ABX1 23 (Garcia), requires projects in the State Transportation Improvement Program and the State Highway Operation and Protection Program to prioritize projects to provide benefits to disadvantaged communities. Appropriates annually $125 million for ATP from the State Highway Account

Previous legislation: SB 99 (Committee on Budget and Fiscal Review), Chapter 359, Statutes of 2013, and AB 101 (Committee on Budget and Fiscal Review), Chapter 354, Statues of 2013, created and funded the ATP.

REGISTERED SUPPORT / OPPOSITION:

Support

California Bicycle Coalition (Sponsor)

California Walks (Sponsor)

Safe Routes to School National Partnership (Sponsor)

American Lung Association in California

Amigos de los Rios

Bike East Bay

Bike San Gabriel Valley

Bike Santa Cruz County

Bike SLO County

Breathe California

California League of Conservation Voters

California Pan-Ethnic Health Network

California ReLeaf

Catholic Charities, Diocese of Stockton

Center for Climate Change and Health

Chico Velo

Coalition for Clean Air

Comite Civico del Valle

County Health Executives Association of California

Environmental Council of Sacramento

Gamaliel of California

Inland Empire Biking Alliance

Leadership Counsel for Justice and Accountability

Livable Communities, Inc.

Los Angeles County Bicycle Coalition

Marin County Bicycle Coalition

Move LA

Napa County Bicycle Coalition

PolicyLink

Public Advocates, Inc.

Rails-to-Trails Conservancy

San Diego County Bicycle Coalition

Santa Barbara Bicycle Coalition

Silicon Valley Bicycle Coalition

Trust for Public Land

Walk San Francisco

Opposition

Non on file

Analysis Prepared by: Melissa White / TRANS. / (916) 319-2093