Active Transportation Program - - CA Streets And Highways

Section § 2380

The Active Transportation Program encourages more biking and walking by promoting various goals. It aims to increase the percentage of trips made without cars, improve safety for cyclists and pedestrians, and support regional goals to cut greenhouse gases. This program also focuses on boosting public health, like reducing childhood obesity, and ensuring disadvantaged communities benefit. It supports a wide range of projects for different active transportation users.

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.

Active Transportation Program biking walking nonmotorized users safety greenhouse gas reduction public health childhood obesity Safe Routes to School Program disadvantaged communities mobility regional agencies greenhouse gas goals active transportation projects transportation users

(Added by Stats. 2013, Ch. 359, Sec. 15. (SB 99) Effective September 26, 2013.)

Section § 2381

This section outlines the funding and allocation process for California's Active Transportation Program, which supports projects like biking and walking infrastructure. The program is funded by state and federal dollars, including specific federal Transportation Alternative Program funds and State Highway Account funds. The funding is distributed as follows: 40% to large urban areas through metropolitan planning organizations, 10% to smaller urban and rural regions, and 50% awarded by a state commission for statewide projects. For large urban areas, local planning agencies must set up competitive selection criteria and prioritize projects that align with local government plans. The funds must support highway-related purposes as defined by California's Constitution.

(a) The Active Transportation Program shall be funded by state and federal funds from appropriations in the annual Budget Act. Funds for the program shall be appropriated to the department, for allocation by the commission. The amount to be appropriated shall include 100 percent of the federal Transportation Alternative Program funds described in Section 133(h) of Title 23 of the United States Code, except for any federal funds for recreational trails projects described in Section 133(h)(5) of Title 23 of the United States Code 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; 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 percent to metropolitan planning organizations in urban areas with populations greater than 200,000, in proportion to their relative share of population. Funds allocated 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.

(2) Ten 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.

(3) Fifty percent to projects competitively awarded by 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:

(1) The multicounty designated transportation planning agency 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, which should include consideration of geographic equity, consistent with program objectives.

(2) The multicounty designated transportation planning agency 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 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.

Active Transportation Program state and federal funds metropolitan planning organizations urban areas competitive process small urban and rural regions statewide projects fund allocation biking infrastructure walking infrastructure Transportation Alternative Program State Highway Account highway-related purposes local government plans

(Amended by Stats. 2022, Ch. 295, Sec. 1. (AB 2956) Effective January 1, 2023.)

Section § 2382

This law section is about the guidelines and project selection criteria for California’s Active Transportation Program. The California Transportation Commission, in collaboration with a special workgroup, will develop these guidelines. The guidelines will cover aspects like project eligibility, selection criteria, timelines, funding, and priority for disadvantaged communities. The guidelines also aim to improve safety and accessibility for pedestrians and cyclists, with projects eligible for funding including new or improved bikeways, walkways, and safe routes to schools.

The Commission must ensure that at least 25% of the funds benefit disadvantaged communities. Projects should align with the Active Transportation goals, potentially getting extra points if they meet multiple objectives. Specific project types include bikeways, walkways, parking, safety devices, and educational initiatives. Factors like cost-effectiveness, community benefit, and safety impact are critical for project selection. The law acknowledges the need to meet federal funding requirements and provides for collaboration with related agencies where necessary.

(a) 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 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 not be limited to, the definition 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 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. 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. On and after January 1, 2026, the guidelines with regard to project eligibility shall not include the development of Class III bikeways, as described in Section 890.4, or the marking in Figure 9C-9 of the 2014 California Manual on Uniform Traffic Control Devices, Revision 8, unless any of the following apply:

(A) The Class III bikeway or marking is on a highway with a design speed limit of 25 miles per hour or less.

(B) The project will implement improvements to reduce the design speed limit to 25 miles per hour or less.

(C) The project applicant demonstrates that the use of the Class III bikeway or marking is appropriate for the local community context and advances a lower stress environment or a low-stress network.

(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 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. On and after January 1, 2026, increasing or improving connectivity of nonmotorized users shall not include the addition of a bikeway connecting to a Class III bikeway, as described in Section 890.4, or the marking in Figure 9C-9 of the 2014 California Manual on Uniform Traffic Control Devices, Revision 8, unless the bikeway or marking is on a highway with a design speed limit of 25 miles per hour or less or the project will implement improvements to reduce the design speed limit to 25 miles per hour or less.

(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 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, the commission may adopt separate guidelines for the state and for the regional agencies relative to subdivision (g).

Active Transportation Program California Transportation Commission disadvantaged communities project eligibility bikeways Safe Routes to School pedestrian safety project selection criteria performance measures federal funding recreational trails community benefit nonmotorized mobility project evaluation transportation safety

(Amended by Stats. 2024, Ch. 788, Sec. 2. (SB 1216) Effective January 1, 2025.)

Section § 2383

This law states that the commission can change the guidelines it previously set, but it needs to hold at least one public hearing before doing so. If the guidelines are changed, the commission should try to do this before projects are called for submission. If needed, they can also push back the submission deadline to allow for compliance with the updated guidelines.

The commission may amend the adopted guidelines after conducting at least one public hearing. The commission shall make a reasonable effort to amend the guidelines prior to the call for projects or may extend the deadline for project submission in order to comply with the new guidelines.

commission guidelines amendment process public hearing project submission deadline guideline compliance deadline extension call for projects guideline changes submission extension public participation project compliance guideline update process

(Added by Stats. 2013, Ch. 359, Sec. 15. (SB 99) Effective September 26, 2013.)

Section § 2384

This law requires a commission to set up a plan that outlines various projects eligible for funding. They need to create the first set of guidelines within six months of the law taking effect. Programs must usually be adopted every two years, starting July 1 of odd-numbered years, but they can choose to do it annually. After the initial program, each subsequent set will cover four fiscal years and detail how funds will be used. A diverse group of experts will help evaluate project proposals.

Starting January 1, 2026, new projects can't add Class III bikeways (typically shared bike routes) or certain traffic markings unless they meet specific conditions: the road has a speed limit of 25 mph or less, improvements will lower the speed to that limit, or it suits the local area and creates a safer, low-stress biking environment.

(a) The commission 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 to adopt a program annually. Each subsequent program shall cover a period of four fiscal years, beginning 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. The commission shall form a multidisciplinary advisory group to assist it in evaluating project applications.

(b) On and after January 1, 2026, the program of projects shall not add a project that creates a Class III bikeway, as described in Section 890.4, or the marking in Figure 9C-9 of the 2014 California Manual on Uniform Traffic Control Devices, Revision 8, unless any of the following apply:

(1) The Class III bikeway or marking is on a highway with a design speed limit of 25 miles per hour or less.

(2) The project will implement improvements to reduce the design speed limit to 25 miles per hour or less.

(3) The project applicant demonstrates that the use of the Class III bikeway or marking is appropriate for the local community context and advances a lower stress environment or a low-stress network.

program of projects project funding advisory group Class III bikeway bike routes speed limit traffic safety multidisciplinary evaluation local community context low-stress network 2026 restrictions allocation of funds fiscal years traffic control devices project guidelines multidisciplinary advisory group

(Amended by Stats. 2024, Ch. 788, Sec. 3. (SB 1216) Effective January 1, 2025.)

Section § 2385

This law requires the department to manage a program following specific guidelines that have been set up as part of this chapter.

The department shall administer the program consistent with the guidelines adopted pursuant to this chapter.

program administration department guidelines program management adopted guidelines chapter requirements program compliance guideline adherence implementation departmental responsibility program execution

(Added by Stats. 2013, Ch. 359, Sec. 15. (SB 99) Effective September 26, 2013.)