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California Legislation Watch: Weekly Update

Here is Streetsblog’s weekly highlight of California legislation related to sustainable transportation.

The legislature is in recess until August.

Light-rail no longer illegal in LA’s San Fernando Valley: A.B. 577 from Adrin Nazarian (D-Sherman Oaks) was signed into law by Governor Jerry Brown last week. The bill repealed a 1990 law that prohibited construction of light rail along a section of the Orange Line, and thus opens up the possibility of replacing the Orange Line BRT with rail. Whether that’s good or bad is up for debate, and Streetsblog has presented arguments both for and against the line’s conversion.

Replacing the car-centric LOS planning metric: Those who’ve been waiting with bated breath to find out what will replace Level of Service (LOS) as a transportation planning metric in California Environmental Quality Act requirements were disappointed when the July 1 deadline came and went without any pronouncements from the Office of Planning and Research (OPR). However, it looks likely that some version of Vehicle Miles Traveled will replace LOS, which has given rise to sprawling development patterns and wide streets unsuitable for walking and bicycling. When OPR does publish its recommendations, there will be a 45-day public comment period, and Streetsblog will provide the details.

Funds for bike and pedestrian projects: The Active Transportation Program, which provides funding for pedestrian and bicycle infrastructure projects, has logged all the proposals received as of its May 21 deadline. A total of 770 projects applied for the $124.2 million that is available for fiscal year 2014-15. The projects include bicycle and pedestrian plans, bridges, sidewalk and signal improvements, Safe Routes to Schools programs, traffic calming and speed reduction efforts, and a host of large and small infrastructure improvements throughout the state.

Active Transportation Project applications pile up at Caltrans headquarters on May 21.Photo: California Bicycle Coalition

Active Transportation Project applications pile up at Caltrans headquarters on May 21.
Photo: California Bicycle Coalition

Email tips, alerts, press releases, ideas, etc. to melanie@streetsblog.org.

For social media coverage focused on statewide issues, follow Melanie @currymel on Twitter or like our Facebook page here.

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California Legislation Watch: Weekly Update

Here is Streetsblog’s weekly highlight of California legislation related to sustainable transportation.

School Zone Safety: S.B. 1151 from Anthony Canella (R-Ceres) would raise fines for traffic infractions within school zones. The bill passed the Assembly Transportation Committee, 14-0, and now goes to the Appropriations Committee.

Vulnerable User Law Jumps Ahead: A.B. 2398 from Marc Levine (D-San Rafael) was withdrawn from the Senate Public Safety Committee because that committee agreed with a recent amendment to lower the limit on maximum fines under the bill. Now it goes straight to Appropriations, where the deadline to get out of that committee is August 15. Session ends August 31.

Hit-and-Run Bills on Track: Two bills from Mike Gatto (D-Los Angeles) both passed their committees last weekA.B. 47 would create a “yellow alert” system to find hit-and-run perpetrators and A.B. 1532 would automatically suspend a driver’s license for leaving the scene of a crash where someone is hit. A.B. 1532 was also amended to add the possibility charging a of a non-injury hit-and-run as either an infraction or a misdemeanor, but the six-month license suspension remains.

Bicycle Infrastructure Funds From Vehicle Registrations: S.B. 1183 by Mark DeSaulnier (D-Concord) passed the Assembly Transportation Committee after being amended last week. This bill would allow local agencies to propose a fee of no more than $5 on vehicle registrations to pay for the maintenance of bike paths. The fee would have to be approved by two-thirds of the voters in the districts where it would apply. This week’s amendments include the addition of a sunset date of January 2025 and a requirement to report to the legislature on revenues received and projects supported by the fee. The 10-4 vote moves it to the Assembly Appropriations Committee.

Protected Bike Lanes: A.B. 1193 from Assemblymember Phil Ting (D-San Francisco) was amended and passed the Senate Transportation and Housing Committee last week.

Email tips, alerts, press releases, ideas, etc. to melanie@streetsblog.org.

For social media coverage focused on state-wide issues, follow Melanie @currymel on Twitter or like our Facebook page.

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Protected Bike Lanes Bill Passes CA Senate Transportation Committee

The “Protected Bikeways Act,” A.B. 1193, passed the Senate Transportation and Housing Committee Thursday on a 10-0 vote, despite opposition from some quarters. The bill must still be approved by the full Senate and Governor Jerry Brown.

A protected bike lane in Temple City. Photo: Joe Linton/Streetsblog L.A.

The proposed legislation, introduced by Assemblymember Phil Ting (D-San Francisco), would compel Caltrans to create guidelines for protected bike lanes, a type of facility that is not currently allowed under California law.

A second measure in the bill would give local jurisdictions — cities and counties — the freedom to follow Caltrans standards for bicycle infrastructure or to choose some other guidance. Currently all bicycle infrastructure in California must adhere to Caltrans standards, whether it’s built on state highways or local streets. There are a few limited exceptions to this, generally through cumbersome experimental processes, but overall Caltrans’ antiquated standards have limited implementation of infrastructure that has proven safe in other states and other countries.

“This comes down to an issue of local control,” said Ting. “Cities have control over every aspect of their streets except when it comes to bikes.”

Supporters at the hearing included representatives from Napa County, the city of San Jose, the San Francisco Municipal Transportation Agency, and Los Angeles Mayor Eric Garcetti’s office.

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CA Bills to Crack Down on Hit-and-Run Drivers Sail Through Committees

Two bills focused on addressing hit-and-run crashes, authored by CA Assemblymember Mike Gatto, appear quickly on their way to being passed. A.B. 47, which would create an alert system on California highways to help the public assist police in catching drivers involved in hit-and-run crashes, sailed through the Senate Public Safety Committee Tuesday with a 6-1 vote. A.B. 1532Gatto’s other bill which increases fines and penalties for hit-and-run drivers, passed a separate committee.

Assemblymember Mike Gatto looks on as Damian Kevitt testifies to the Senate Public Safety Committee. Image: CA Senate

The bill has seen a torrent of support from a broad range of constituents, including bicycle and pedestrian advocates and public safety workers. Its next stop is the Senate Appropriations Committee.

At the hearing, Gatto testified that the bill specifies certain criteria that would have to be met before authorities could use the system, to allay concerns that it would be overused. A hit-and-run crash would have to involve a fatality or serious bodily injury, and officials would need at least partial plate numbers and a description of the vehicle.

“We have an apprehension rate in this state of 20 percent,” said Gatto, “so 80 percent of hit-and-run perpetrators never get caught. The city of Denver created a similar system in 2012; at the time they also had a twenty percent apprehension rate, and now they have a 76 percent rate of apprehension.”

“This is a smart way to make sure we can catch the people who commit the most heinous and cowardly accidents on the road with a deadly weapon—because vehicles are deadly weapons,” he said.

Damian Kevitt, a hit-and-run victim who now leads the “Finish the Ride” movement in Southern California, urged Senators to vote for the bill. He described the gruesome crash that left him for dead on the freeway a year ago, and called his recovery a “testimony to modern medicine.”

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California Legislation Watch: Weekly Update

Here is Streetsblog’s weekly highlight of California legislation related to sustainable transportation.

Vulnerable Users Bill Watered Down: In its slog through the legislative process, AB 2398 from Marc Levine (D-San Rafael) was amended to lower the maximum fine on a conviction for causing bodily injury to a special class of “vulnerable road users” from $1,000 to $300.

The Senate Committee on Transportation and Housing had balked at the size of the $1,000 fine, which could end up costing more than $4,000 after surcharges and fees are added. As amended, the fines under the bill would now range from $220 to $300, resulting in total fines between $1,033 and $1,361. The amended legislation would still be an increase over current fines.

Another amendment added Segway and wheelchair users to the definition of “vulnerable users,” which already includes bicyclists, pedestrians, highway workers, horseback riders, and drivers of farm equipment.

Protected Bike Lane Bill Adds “Freedom from Caltrans” Clause: AB 1193 from Phil Ting (D-San Francisco) would require Caltrans to develop standards for protected bike lanes so that local jurisdictions can plan and build them with the agency’s blessing. An amendment published this week changed a single word — from “shall” to “may”– opening up new possibilities for “all city, county, regional, and other local agencies responsible for the development or operation of bikeways or roadways where bicycle travel is permitted.”

The change in verbage means cities would no longer be required to use Caltrans’ criteria when designing bicycle facilities. Bicycling advocates and planners have long argued that it’s inconsistent to require planners and engineers to adhere to Caltrans standards for bike facilities, but not other roadway features on local streets and roads.

This bill will be considered in committee on Tuesday. Expect to hear more about it soon.

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Deal Reached on CA’s Cap-and-Trade Spending Plan

Earlier this evening, the bicameral Budget Conference Committee  approved a compromise between state legislators and Governor Brown on how to spend $850 million in revenues from the state’s cap-and-trade system for the next fiscal year.

The new plan largely stuck to the Governor’s original proposal for the first year of the expenditure plan, but it adds set-asides for transit and affordable housing, two important parts of the Senate’s proposal. The compromise also incorporates an allocation method for funding in future years.

Despite Republican opposition, California High Speed Rail will still receive one-quarter of the funds generated by the state’s Cap and Trade Program.

The compromise proposal sets aside $250 million for high-speed rail, which is what the Governor proposed, but future year allocations for the bullet train would be 25 percent rather than the 33 percent he requested. The Senate’s proposal called for 15 percent allocated to high speed rail.

The agreement would split the $50 million Brown proposed for intercity rail, giving half to transit capital and construction costs and dividing the other half between transit operations and intercity rail. Future revenue streams would give 5 percent to each of the three categories, giving transit a solid, predictable source of funding for at least the next five years.

Brown’s original proposal had no set aside for local transit, but the Senate, under the leadership of Darrell Steinberg (D-Sacramento), had countered the governor’s plan by calling for $200 million for transit operating and capital expenses.

Steinberg’s plan called for 20 percent of cap-and-trade funds to be spent on affordable housing near transit and sustainable communities planning. This would have amounted to about $170 million the first year. The current agreement would give this category of projects — which could include bicycle and pedestrian infrastructure and planning — about $130 million in the first year, with future allocations at 20 percent.

“This plan is good for California,” said committee co-chair Mark Leno (D- San Francisco). “With this proposal we will continue to not only lead the state but also the nation on this important issue of greenhouse gas emission reduction, when time is running out.”

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Steinberg’s Cap-and-Trade Spending Plan Gains Momentum, No News on Deal

Senate President Darrell Steinberg (D-Sacramento) espouses the benefits of CA’s cap-and-trade program, with Senator Kevin de Leon (D-Los Angeles) and L.A. Mayor Eric Garcetti behind. Photo: Eric Garcetti/Facebook

Despite being only 0.5 percent of the California budget, cap-and-trade revenue spending is emerging as a sticking point in Sacramento as Democrats in the Assembly, Senate, and Governor’s Office push three different spending plans. The legislature must approve a state budget by June 15.

Check out our graphic explaining the three cap-and-trade spending proposals on Friday: Click on the image to see the entire graphic or ready the story here.

Each of the three proposed plans for spending cap-and-trade revenue to reduce greenhouse gas (GHG) emissions, as we explained on Friday, generally fund the same programs, but differ significantly only in how they slice the pie. Each proposal takes a different approach on how the state should invest in sustainable transportation and smarter urban planning to improve air quality and reduce carbon emissions.

While Governor Jerrry Brown’s office was the first to propose a cap-and-trade spending plan, there seems to be momentum with the Senate plan put forward by Senate President Darrell Steinberg (D-Sacramento.) Last week, Steinberg, whose plan sets aside the most for active transportation, local transit, and affordable housing, held a rally with Los Angeles Mayor Eric Garcetti and earned the endorsement of the mayor of California’s largest city.

“This is smart legislation that would spend cap-and-trade funding where it naturally should be spent – on reducing pollution and improving the health of our neighborhoods and our city,” said Garcetti. “Cities are where we work, where we live, but they’re also where we pollute, so addressing the needs of cities like Los Angeles is critical in tackling climate change.”

The rally with Steinberg came one day after the mayor had a meeting with Governor Brown on other topics including the status of the state’s plans to retain film industry jobs and preserve the state’s dwindling water supply.

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Infographic: Comparing California’s Three Cap-and-Trade Spending Proposals

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In the midst of California’s state budget negotiations, the legislature must separately decide how to spend the state’s cap-and-trade revenue, be it on public transit, high-speed rail, affordable housing near transit, or other emissions-reducing programs.

Three different proposals for slicing this new pie come from Governor Jerry Brown, the Senate, and the Assembly. This week, legislators must find a way to meld these three plans, or just choose one. To help explain the differences between the three approaches, we created the above chart, with more explanation below.

This relatively new pot of money, collected under the authority of the California Global Warming Solutions Act of 2006, or A.B. 32, by law must be spent on programs and projects that help reduce greenhouse gas (GHG) emissions throughout the state by 2020. The administration estimates that the cap-and-trade system will raise about $870 million in 2015, and various estimates assume it could grow to several billion dollars each year between 2015 and 2020.

In all three of the plans, there is no set-aside for active transportation. Bicycle and pedestrian planning would be included within a larger group of as-yet-undefined projects and programs, called a “Sustainable Communities” program. Programs in this group would compete for funds based on how well they achieve GHG emission reductions. In each plan, what is included under Sustainable Communities and how much money is allocated to that pot of funds differs.

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California Legislation Watch: Weekly Update

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The California Legislaturee saw a lot of action in the last two weeks on bills related to sustainable transportation. The deadline to pass bills out of committee was on the Friday before Memorial Day weekend, and today is the deadline for all bills to be voted on by their houses of origin. If they couldn’t pass by today from the Senate to the Assembly, or vice versa, then they died for this session.

Below are the fates of some of the bills Streetsblog has been following. There are a few other relevant bills that don’t appear here because they have already passed from their house of origin, including S.B. 1151, which would raise fines for traffic violations in school zones, and A.B. 1193, which would require Caltrans to institute standards for protected bike lanes.

A driver’s license is still more important than the safety of bicycle riders and pedestrians: A.B. 2398, Marc Levine’s (D-San Rafael) Vulnerable User Law, passed out of the Assembly Appropriations Committee last week, but not before it was amended to delete the automatic driver’s license suspension it originally called for. As it’s written now, the bill would raise fines and add a point against a driver’s record if the driver is convicted of causing bodily injury to a vulnerable road user, including bicyclists and pedestrians. The bill passed the Assembly 72-2.

At least they’ll have to stop: A.B. 1532 from Mike Gatto (D-Los Angeles) also passed the Assembly, on a 74-4 vote. This bill would suspend the license of a driver convicted of leaving the scene of a crash where any person is struck, whether that person is injured or not. “Victims and families deserve to know that cowards who drive recklessly, and purposefully avoid responsibility, can no longer drive the streets,” said Gatto in a press release. “AB 1532 is a sensible fix to the law that will lead people to think twice before leaving the scene of an accident.”

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Steinberg: CA Cap-and-Trade Must Fund Transit-Oriented Affordable Housing

Negotiations over the California state budget are producing dueling proposals on how best to spend revenue from the state’s cap-and-trade program.

Senator Steinberg proposes affordable housing as a greenhouse gas reduction strategy. Photo courtesy TransForm.

While Governor Jerry Brown continues to call for a third of the cap-and-trade funds to go to CA high-speed rail, Senate President ProTem Darrell Steinberg last week expanded upon his alternative proposal to spend a larger share of the revenue on affordable housing and transit at the local and regional level.

State cap-and-trade funds are collected under the California Global Warming Solutions Act of 2006, A.B. 32. The law provides a way for companies to meet a state-mandated cap on greenhouse gas emissions by buying “pollution credits” produced when others exceed emissions reductions. Estimates vary on how much revenue the program will generate, but it could produce billions each year between now and 2020.

Standing in front of an active construction site for new housing units near Oakland’s MacArthur BART station last Thursday, Steinberg called for permanent sources of funding for affordable housing, mass transit, and sustainable communities development. The Senator argued that  California is facing a “catastrophic funding crisis” as affordable housing bonds run out, and noted that the transportation sector is the state’s biggest contributor to greenhouse gas emissions.

“Californians are logging more vehicle miles annually than ever before,” Steinberg said.

Behind him, a forklift raised a load of lumber high up in the air, with an attached sign reading, “At least 972 lbs of CO2 emissions reduced every day.” That’s the amount by which  the housing project, which will provide 624 housing units next to the BART station, is estimated to reduce greenhouse gas emissions compared to other housing developments. Of those apartments, 108 will be leased at below-market rates.

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