AB 1402

Bill Subjects

Abstract

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.