Amended IN Assembly March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1525Introduced by Assembly Member BontaFebruary 17, 2023An act to add Section 13986 to the Government Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTAB 1525, as amended, Bonta. Transportation finance: equity: vulnerable communities. Transportation Agency: allocations for projects in priority populations.Existing law establishes within state government the Transportation Agency, which consists of the Department of the California Highway Patrol, the California Transportation Commission, the Department of Motor Vehicles, the Department of Transportation, the High-Speed Rail Authority, and the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun. The agency is under the supervision of the Secretary of Transportation, who has the power of general supervision over each department within the agency. The secretary, among other duties, is charged with developing and reporting to the Governor on legislative, budgetary, and administrative programs to accomplish coordinated planning and policy formulation in matters of public interest, including transportation projects. This bill would state the intent of the Legislature to enact future legislation to promote equity first in transportation funding and to prioritize funding to vulnerable communities. require the agency, on and after July 1, 2024, to ensure that at least 60% of the moneys allocated for agency, Department of Transportation, or California Transportation Commission projects, as defined, are allocated for projects that are located in priority populations, as defined, address an important need of priority populations, and provide at least 5 direct, meaningful, and assured benefits, or additional cobenefits, to priority populations, as specified. The bill would require the agency to evaluate each agency, Department of Transportation, or California Transportation Commission project to determine if the project would be located in a priority population, address an important need of a priority population, and provide a direct, meaningful, and assured benefit to a priority population, and to, on or before July 1, 2024, develop and adopt criteria and an evaluation process for that purpose. The bill would require the agency to select a third-party governmental entity to audit and review that criteria, the agencys evaluation of those projects, and the allocations made for purposes of meeting the requirement that 60% of those moneys benefit priority populations, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) President Biden signed Executive Order No. 14008 (January 27, 2021) Tackling the Climate Crisis at Home and Abroad, which, in part, established the federal Justice40 Initiative and a goal that 40 percent of the overall benefits flow to priority populations. The Justice40 Initiative applies to both discretionary funds and certain federal formula funding programs, including all of the following programs:(1) Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving Transportation program (Section 176 of Title 23 of the United States Code).(2) Carbon Reduction Program (Section 175 of Title 23 of the United States Code).(3) Congestion Mitigation and Air Quality Improvement Program (Section 149 of Title 23 of the United States Code).(4) National Electric Vehicle Infrastructure Formula Program (Public Law 117-58).(5) Surface Transportation Block Grant Programs transportation alternatives set-aside (Section 133 of Title 23 of the United States Code).(6) Grants for Buses and Bus Facilities Program (Section 5339 of Title 49 of the United States Code).(7) Tribal Transportation Program (Section 202 of Title 23 of the United States Code).(b) Governor Newsoms Executive Order No. N-16-22 (September 13, 2022) requires all state agencies and departments to more effectively advance equity and to respond to identified disparities with changes to the organizations mission, vision, goals, data tools, policies, programs, operations, community engagement, tribal consultation policies and practices, and other actions as necessary to serve all Californians.(c) Governor Newsoms Executive Order No. N-19-19 (September 20, 2019) requires the Transportation Agency to leverage discretionary state transportation moneys to reduce the emissions of greenhouse gases associated with the transportation sector and to mitigate the impacts of climate change, setting a precedent for leveraging discretionary state transportation moneys to meet state goals, including for equity under Governor Newsoms Executive Order No. N-16-22 (September 13, 2022).(d) In addition to publishing racial equity statements, the Transportation Agency, Department of Transportation, and California Transportation Commission have put forth a commendable range of equity commitments and initiatives, including all of the following:(1) Achieving or exceeding their goals for directing moneys to high-need populations in programs established pursuant to Chapter 830 of the Statutes of 2012 and Chapter 369 of the Statutes of 2016, including, but not limited to, the Transit and Intercity Rail Capital Program (Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code), the Low Carbon Transit Operations Program (Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code), and the Active Transportation Program (Chapter 8 (commencing with Section 2380) of Division 3 of the Streets and Highways Code).(2) Establishing the interagency equity advisory committee to elevate diverse and historically marginalized voices to advise our agencies on how to achieve meaningful outcomes in transportation equity, environmental justice, and equitable economic opportunities, especially as related to transportation planning and programming.(3) Developing the Department of Transportations transportation equity index, which is a screening tool that uses transportation-specific and socioeconomic indicators and identifies priority populations at a census block level.(4) Releasing the Climate Action Plan for Transportation Infrastructure, which outlines the states recommendations for investing discretionary transportation dollars to combat and adapt to climate change while supporting public health, safety, and equity.SEC. 2. Section 13986 is added to the Government Code, to read:13986. (a) For purposes of this section, the following definitions apply:(1) Interagency equity advisory committee means the interagency equity advisory committee formed by the California Transportation Commission, the Department of Transportation, and the agency.(2) Priority population means any of the following areas:(A) An area identified as among the most disadvantaged 25 percent in the state according to the most recent update to the California Communities Environmental Health Screening tool, also known as CalEnviroScreen.(B) An area identified as a priority population in the Department of Transportations transportation equity index.(C) An area within federally designated tribal lands.(D) A disadvantaged unincorporated community, as defined in Section 65302.10.(E) A community that meets a regional definition of environmental justice community, community of concern, or disadvantaged community, if that regional definition was adopted as part of the applicable regional transportation plan, including the sustainable communities strategy, adopted pursuant to Section 65080.(3) Project means either of the following:(A) An agency, Department of Transportation, or California Transportation Commission physical infrastructure project, including, but not limited to, road repairs, installing bike lanes, and developing dedicated bus lanes and bus stations.(B) An agency, Department of Transportation, or California Transportation Commission noninfrastructure project and associated benefits, including, but not limited to, education and safety programs to increase biking and walking, the development of walking and biking maps, demonstration projects and events, building community partnerships, transportation planning projects, and community engagement.(b) (1) (A) Based on the State Air Resource Boards sustainable transportation evaluation criteria for providing benefits to priority populations, the agency shall, on or before July 1, 2024, develop and adopt criteria and an evaluation process for purposes of this section. The criteria shall include definitions of any relevant terms and examples of benefits and disbenefits.(B) In developing the criteria, the agency shall conduct a public engagement process, which includes at least one listening session or workshop and a public comment period of at least 30 days, that enables the public and stakeholders to provide input and feedback on the proposed criteria and the agencys evaluation process. The agency shall provide public notice on its internet website of the listening session or workshop not less than 14 days before the listening session or workshop.(C) Before the agency adopts the criteria and evaluation process, the interagency equity advisory committee shall review, provide recommendations on, and evaluate potential changes to the proposed criteria and the evaluation process in order to increase the benefits of the criteria.(2) The agency shall update the criteria adopted pursuant to paragraph (1) to incorporate updates to the California Communities Environmental Health Screening tool, also known as CalEnviroScreen, and to the Department of Transportations transportation equity index, and as the agency determines is necessary.(3) (A) The agency shall evaluate each project to determine if the project would be located in a priority population, address an important need of a priority population, and provide a direct, meaningful, and assured benefit to a priority population.(B) For purposes of this section, benefit includes, but is not limited to, any of the following:(i) Reducing criteria air pollution or toxic air contaminant emissions.(ii) Providing increased access to clean or shared transportation options.(iii) Improving connectivity between travel modes.(iv) Improving mobility between key destinations and communities.(v) Improving safety and comfort of the transportation system.(vi) Increasing combined housing and transportation authority.(vii) Improving public health through increased access to active transportation.(viii) Improving community and climate resilience.(ix) Improving transportation-related employment opportunities.(x) Improving fair labor practices.(xi) Increasing inclusive local business and economic activity.(xii) Reducing congestion and vehicle miles traveled.(xiii) Increasing the availability of affordable housing.(xiv) Increasing transportation affordability, including by eliminating transit fares.(xv) Procedural equity benefits, including a community needs assessment or consulting or collaborating with community partners during the planning or decisionmaking process.(4) The agency shall evaluate each project to determine if the project provided procedural equity benefits, including a community needs assessment or by consulting or collaborating with community partners during the planning or decisionmaking process.(5) The location of a project within a priority population, based only on that location, is insufficient to establish that the project would provide a benefit to the priority population.(6) The agency shall evaluate each project to determine if the project would provide a disbenefit, including, but not limited to, highway widening for single-occupancy vehicles or freight vehicles, displacement, and socioeconomic factors, to a priority population.(7) The agency shall require a project proponent to clearly articulate how the project does, or does not, meet the definition of priority population, and shall authorize the project proponent to use any meaning of a priority population described in subdivision (a).(8) A project proponent may petition the agency to use alternative information, including census data and regional findings or definitions, to reevaluate a project on the basis that the agencys evaluation was based on inaccurate, or a lack of accurate, information.(9) The agency shall make publicly available any scoring rubric developed for purposes of this subdivision.(c) (1) To the extent doing so is consistent with the California Constitution and federal law, using the criteria adopted pursuant to subdivision (b), the agency shall, on and after July 1, 2024, ensure that at least 60 percent of the moneys allocated for agency, Department of Transportation, or California Transportation Commission projects, excluding administrative costs, are allocated for projects that are located in priority populations, address an important need of priority populations, and provide at least five direct, meaningful, and assured benefits, or additional cobenefits, to priority populations. Moneys allocated for a project determined to provide a disbenefit to a priority population pursuant to paragraph (3) of subdivision (b) shall not be counted towards that 60-percent requirement.(2) To the extent consistent with paragraph (1), it is the intent of the Legislature that the agency do both of the following:(A) Ensure that each project provides benefits that align with the greatest needs of the priority population.(B) Locate and fund projects in a manner that represents the geographic diversity of the state and benefits both rural and urban communities and both incorporated and unincorporated towns.(d) The agency shall select a third-party governmental entity to audit and review the criteria adopted pursuant to paragraph (1) of subdivision (b), the evaluation of projects pursuant to that criteria, and the allocations made for purposes of satisfying subdivision (c). The selected third-party governmental entity shall have expertise and experience working on equity. The selection of the third-party governmental entity shall be a subject discussed in the public engagement process required pursuant to subparagraph (B) of paragraph (1) of subdivision (b) and subject to approval by the interagency equity advisory committee.SECTION 1.It is the intent of the Legislature to enact future legislation to promote equity first in transportation funding and to prioritize funding to vulnerable communities.
Amended IN Assembly March 16, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1525Introduced by Assembly Member BontaFebruary 17, 2023An act to add Section 13986 to the Government Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTAB 1525, as amended, Bonta. Transportation finance: equity: vulnerable communities. Transportation Agency: allocations for projects in priority populations.Existing law establishes within state government the Transportation Agency, which consists of the Department of the California Highway Patrol, the California Transportation Commission, the Department of Motor Vehicles, the Department of Transportation, the High-Speed Rail Authority, and the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun. The agency is under the supervision of the Secretary of Transportation, who has the power of general supervision over each department within the agency. The secretary, among other duties, is charged with developing and reporting to the Governor on legislative, budgetary, and administrative programs to accomplish coordinated planning and policy formulation in matters of public interest, including transportation projects. This bill would state the intent of the Legislature to enact future legislation to promote equity first in transportation funding and to prioritize funding to vulnerable communities. require the agency, on and after July 1, 2024, to ensure that at least 60% of the moneys allocated for agency, Department of Transportation, or California Transportation Commission projects, as defined, are allocated for projects that are located in priority populations, as defined, address an important need of priority populations, and provide at least 5 direct, meaningful, and assured benefits, or additional cobenefits, to priority populations, as specified. The bill would require the agency to evaluate each agency, Department of Transportation, or California Transportation Commission project to determine if the project would be located in a priority population, address an important need of a priority population, and provide a direct, meaningful, and assured benefit to a priority population, and to, on or before July 1, 2024, develop and adopt criteria and an evaluation process for that purpose. The bill would require the agency to select a third-party governmental entity to audit and review that criteria, the agencys evaluation of those projects, and the allocations made for purposes of meeting the requirement that 60% of those moneys benefit priority populations, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 16, 2023
Amended IN Assembly March 16, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1525
Introduced by Assembly Member BontaFebruary 17, 2023
Introduced by Assembly Member Bonta
February 17, 2023
An act to add Section 13986 to the Government Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1525, as amended, Bonta. Transportation finance: equity: vulnerable communities. Transportation Agency: allocations for projects in priority populations.
Existing law establishes within state government the Transportation Agency, which consists of the Department of the California Highway Patrol, the California Transportation Commission, the Department of Motor Vehicles, the Department of Transportation, the High-Speed Rail Authority, and the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun. The agency is under the supervision of the Secretary of Transportation, who has the power of general supervision over each department within the agency. The secretary, among other duties, is charged with developing and reporting to the Governor on legislative, budgetary, and administrative programs to accomplish coordinated planning and policy formulation in matters of public interest, including transportation projects. This bill would state the intent of the Legislature to enact future legislation to promote equity first in transportation funding and to prioritize funding to vulnerable communities. require the agency, on and after July 1, 2024, to ensure that at least 60% of the moneys allocated for agency, Department of Transportation, or California Transportation Commission projects, as defined, are allocated for projects that are located in priority populations, as defined, address an important need of priority populations, and provide at least 5 direct, meaningful, and assured benefits, or additional cobenefits, to priority populations, as specified. The bill would require the agency to evaluate each agency, Department of Transportation, or California Transportation Commission project to determine if the project would be located in a priority population, address an important need of a priority population, and provide a direct, meaningful, and assured benefit to a priority population, and to, on or before July 1, 2024, develop and adopt criteria and an evaluation process for that purpose. The bill would require the agency to select a third-party governmental entity to audit and review that criteria, the agencys evaluation of those projects, and the allocations made for purposes of meeting the requirement that 60% of those moneys benefit priority populations, as specified.
Existing law establishes within state government the Transportation Agency, which consists of the Department of the California Highway Patrol, the California Transportation Commission, the Department of Motor Vehicles, the Department of Transportation, the High-Speed Rail Authority, and the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun. The agency is under the supervision of the Secretary of Transportation, who has the power of general supervision over each department within the agency. The secretary, among other duties, is charged with developing and reporting to the Governor on legislative, budgetary, and administrative programs to accomplish coordinated planning and policy formulation in matters of public interest, including transportation projects.
This bill would state the intent of the Legislature to enact future legislation to promote equity first in transportation funding and to prioritize funding to vulnerable communities. require the agency, on and after July 1, 2024, to ensure that at least 60% of the moneys allocated for agency, Department of Transportation, or California Transportation Commission projects, as defined, are allocated for projects that are located in priority populations, as defined, address an important need of priority populations, and provide at least 5 direct, meaningful, and assured benefits, or additional cobenefits, to priority populations, as specified. The bill would require the agency to evaluate each agency, Department of Transportation, or California Transportation Commission project to determine if the project would be located in a priority population, address an important need of a priority population, and provide a direct, meaningful, and assured benefit to a priority population, and to, on or before July 1, 2024, develop and adopt criteria and an evaluation process for that purpose. The bill would require the agency to select a third-party governmental entity to audit and review that criteria, the agencys evaluation of those projects, and the allocations made for purposes of meeting the requirement that 60% of those moneys benefit priority populations, as specified.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) President Biden signed Executive Order No. 14008 (January 27, 2021) Tackling the Climate Crisis at Home and Abroad, which, in part, established the federal Justice40 Initiative and a goal that 40 percent of the overall benefits flow to priority populations. The Justice40 Initiative applies to both discretionary funds and certain federal formula funding programs, including all of the following programs:(1) Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving Transportation program (Section 176 of Title 23 of the United States Code).(2) Carbon Reduction Program (Section 175 of Title 23 of the United States Code).(3) Congestion Mitigation and Air Quality Improvement Program (Section 149 of Title 23 of the United States Code).(4) National Electric Vehicle Infrastructure Formula Program (Public Law 117-58).(5) Surface Transportation Block Grant Programs transportation alternatives set-aside (Section 133 of Title 23 of the United States Code).(6) Grants for Buses and Bus Facilities Program (Section 5339 of Title 49 of the United States Code).(7) Tribal Transportation Program (Section 202 of Title 23 of the United States Code).(b) Governor Newsoms Executive Order No. N-16-22 (September 13, 2022) requires all state agencies and departments to more effectively advance equity and to respond to identified disparities with changes to the organizations mission, vision, goals, data tools, policies, programs, operations, community engagement, tribal consultation policies and practices, and other actions as necessary to serve all Californians.(c) Governor Newsoms Executive Order No. N-19-19 (September 20, 2019) requires the Transportation Agency to leverage discretionary state transportation moneys to reduce the emissions of greenhouse gases associated with the transportation sector and to mitigate the impacts of climate change, setting a precedent for leveraging discretionary state transportation moneys to meet state goals, including for equity under Governor Newsoms Executive Order No. N-16-22 (September 13, 2022).(d) In addition to publishing racial equity statements, the Transportation Agency, Department of Transportation, and California Transportation Commission have put forth a commendable range of equity commitments and initiatives, including all of the following:(1) Achieving or exceeding their goals for directing moneys to high-need populations in programs established pursuant to Chapter 830 of the Statutes of 2012 and Chapter 369 of the Statutes of 2016, including, but not limited to, the Transit and Intercity Rail Capital Program (Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code), the Low Carbon Transit Operations Program (Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code), and the Active Transportation Program (Chapter 8 (commencing with Section 2380) of Division 3 of the Streets and Highways Code).(2) Establishing the interagency equity advisory committee to elevate diverse and historically marginalized voices to advise our agencies on how to achieve meaningful outcomes in transportation equity, environmental justice, and equitable economic opportunities, especially as related to transportation planning and programming.(3) Developing the Department of Transportations transportation equity index, which is a screening tool that uses transportation-specific and socioeconomic indicators and identifies priority populations at a census block level.(4) Releasing the Climate Action Plan for Transportation Infrastructure, which outlines the states recommendations for investing discretionary transportation dollars to combat and adapt to climate change while supporting public health, safety, and equity.SEC. 2. Section 13986 is added to the Government Code, to read:13986. (a) For purposes of this section, the following definitions apply:(1) Interagency equity advisory committee means the interagency equity advisory committee formed by the California Transportation Commission, the Department of Transportation, and the agency.(2) Priority population means any of the following areas:(A) An area identified as among the most disadvantaged 25 percent in the state according to the most recent update to the California Communities Environmental Health Screening tool, also known as CalEnviroScreen.(B) An area identified as a priority population in the Department of Transportations transportation equity index.(C) An area within federally designated tribal lands.(D) A disadvantaged unincorporated community, as defined in Section 65302.10.(E) A community that meets a regional definition of environmental justice community, community of concern, or disadvantaged community, if that regional definition was adopted as part of the applicable regional transportation plan, including the sustainable communities strategy, adopted pursuant to Section 65080.(3) Project means either of the following:(A) An agency, Department of Transportation, or California Transportation Commission physical infrastructure project, including, but not limited to, road repairs, installing bike lanes, and developing dedicated bus lanes and bus stations.(B) An agency, Department of Transportation, or California Transportation Commission noninfrastructure project and associated benefits, including, but not limited to, education and safety programs to increase biking and walking, the development of walking and biking maps, demonstration projects and events, building community partnerships, transportation planning projects, and community engagement.(b) (1) (A) Based on the State Air Resource Boards sustainable transportation evaluation criteria for providing benefits to priority populations, the agency shall, on or before July 1, 2024, develop and adopt criteria and an evaluation process for purposes of this section. The criteria shall include definitions of any relevant terms and examples of benefits and disbenefits.(B) In developing the criteria, the agency shall conduct a public engagement process, which includes at least one listening session or workshop and a public comment period of at least 30 days, that enables the public and stakeholders to provide input and feedback on the proposed criteria and the agencys evaluation process. The agency shall provide public notice on its internet website of the listening session or workshop not less than 14 days before the listening session or workshop.(C) Before the agency adopts the criteria and evaluation process, the interagency equity advisory committee shall review, provide recommendations on, and evaluate potential changes to the proposed criteria and the evaluation process in order to increase the benefits of the criteria.(2) The agency shall update the criteria adopted pursuant to paragraph (1) to incorporate updates to the California Communities Environmental Health Screening tool, also known as CalEnviroScreen, and to the Department of Transportations transportation equity index, and as the agency determines is necessary.(3) (A) The agency shall evaluate each project to determine if the project would be located in a priority population, address an important need of a priority population, and provide a direct, meaningful, and assured benefit to a priority population.(B) For purposes of this section, benefit includes, but is not limited to, any of the following:(i) Reducing criteria air pollution or toxic air contaminant emissions.(ii) Providing increased access to clean or shared transportation options.(iii) Improving connectivity between travel modes.(iv) Improving mobility between key destinations and communities.(v) Improving safety and comfort of the transportation system.(vi) Increasing combined housing and transportation authority.(vii) Improving public health through increased access to active transportation.(viii) Improving community and climate resilience.(ix) Improving transportation-related employment opportunities.(x) Improving fair labor practices.(xi) Increasing inclusive local business and economic activity.(xii) Reducing congestion and vehicle miles traveled.(xiii) Increasing the availability of affordable housing.(xiv) Increasing transportation affordability, including by eliminating transit fares.(xv) Procedural equity benefits, including a community needs assessment or consulting or collaborating with community partners during the planning or decisionmaking process.(4) The agency shall evaluate each project to determine if the project provided procedural equity benefits, including a community needs assessment or by consulting or collaborating with community partners during the planning or decisionmaking process.(5) The location of a project within a priority population, based only on that location, is insufficient to establish that the project would provide a benefit to the priority population.(6) The agency shall evaluate each project to determine if the project would provide a disbenefit, including, but not limited to, highway widening for single-occupancy vehicles or freight vehicles, displacement, and socioeconomic factors, to a priority population.(7) The agency shall require a project proponent to clearly articulate how the project does, or does not, meet the definition of priority population, and shall authorize the project proponent to use any meaning of a priority population described in subdivision (a).(8) A project proponent may petition the agency to use alternative information, including census data and regional findings or definitions, to reevaluate a project on the basis that the agencys evaluation was based on inaccurate, or a lack of accurate, information.(9) The agency shall make publicly available any scoring rubric developed for purposes of this subdivision.(c) (1) To the extent doing so is consistent with the California Constitution and federal law, using the criteria adopted pursuant to subdivision (b), the agency shall, on and after July 1, 2024, ensure that at least 60 percent of the moneys allocated for agency, Department of Transportation, or California Transportation Commission projects, excluding administrative costs, are allocated for projects that are located in priority populations, address an important need of priority populations, and provide at least five direct, meaningful, and assured benefits, or additional cobenefits, to priority populations. Moneys allocated for a project determined to provide a disbenefit to a priority population pursuant to paragraph (3) of subdivision (b) shall not be counted towards that 60-percent requirement.(2) To the extent consistent with paragraph (1), it is the intent of the Legislature that the agency do both of the following:(A) Ensure that each project provides benefits that align with the greatest needs of the priority population.(B) Locate and fund projects in a manner that represents the geographic diversity of the state and benefits both rural and urban communities and both incorporated and unincorporated towns.(d) The agency shall select a third-party governmental entity to audit and review the criteria adopted pursuant to paragraph (1) of subdivision (b), the evaluation of projects pursuant to that criteria, and the allocations made for purposes of satisfying subdivision (c). The selected third-party governmental entity shall have expertise and experience working on equity. The selection of the third-party governmental entity shall be a subject discussed in the public engagement process required pursuant to subparagraph (B) of paragraph (1) of subdivision (b) and subject to approval by the interagency equity advisory committee.SECTION 1.It is the intent of the Legislature to enact future legislation to promote equity first in transportation funding and to prioritize funding to vulnerable communities.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:(a) President Biden signed Executive Order No. 14008 (January 27, 2021) Tackling the Climate Crisis at Home and Abroad, which, in part, established the federal Justice40 Initiative and a goal that 40 percent of the overall benefits flow to priority populations. The Justice40 Initiative applies to both discretionary funds and certain federal formula funding programs, including all of the following programs:(1) Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving Transportation program (Section 176 of Title 23 of the United States Code).(2) Carbon Reduction Program (Section 175 of Title 23 of the United States Code).(3) Congestion Mitigation and Air Quality Improvement Program (Section 149 of Title 23 of the United States Code).(4) National Electric Vehicle Infrastructure Formula Program (Public Law 117-58).(5) Surface Transportation Block Grant Programs transportation alternatives set-aside (Section 133 of Title 23 of the United States Code).(6) Grants for Buses and Bus Facilities Program (Section 5339 of Title 49 of the United States Code).(7) Tribal Transportation Program (Section 202 of Title 23 of the United States Code).(b) Governor Newsoms Executive Order No. N-16-22 (September 13, 2022) requires all state agencies and departments to more effectively advance equity and to respond to identified disparities with changes to the organizations mission, vision, goals, data tools, policies, programs, operations, community engagement, tribal consultation policies and practices, and other actions as necessary to serve all Californians.(c) Governor Newsoms Executive Order No. N-19-19 (September 20, 2019) requires the Transportation Agency to leverage discretionary state transportation moneys to reduce the emissions of greenhouse gases associated with the transportation sector and to mitigate the impacts of climate change, setting a precedent for leveraging discretionary state transportation moneys to meet state goals, including for equity under Governor Newsoms Executive Order No. N-16-22 (September 13, 2022).(d) In addition to publishing racial equity statements, the Transportation Agency, Department of Transportation, and California Transportation Commission have put forth a commendable range of equity commitments and initiatives, including all of the following:(1) Achieving or exceeding their goals for directing moneys to high-need populations in programs established pursuant to Chapter 830 of the Statutes of 2012 and Chapter 369 of the Statutes of 2016, including, but not limited to, the Transit and Intercity Rail Capital Program (Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code), the Low Carbon Transit Operations Program (Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code), and the Active Transportation Program (Chapter 8 (commencing with Section 2380) of Division 3 of the Streets and Highways Code).(2) Establishing the interagency equity advisory committee to elevate diverse and historically marginalized voices to advise our agencies on how to achieve meaningful outcomes in transportation equity, environmental justice, and equitable economic opportunities, especially as related to transportation planning and programming.(3) Developing the Department of Transportations transportation equity index, which is a screening tool that uses transportation-specific and socioeconomic indicators and identifies priority populations at a census block level.(4) Releasing the Climate Action Plan for Transportation Infrastructure, which outlines the states recommendations for investing discretionary transportation dollars to combat and adapt to climate change while supporting public health, safety, and equity.
SECTION 1. The Legislature finds and declares all of the following:(a) President Biden signed Executive Order No. 14008 (January 27, 2021) Tackling the Climate Crisis at Home and Abroad, which, in part, established the federal Justice40 Initiative and a goal that 40 percent of the overall benefits flow to priority populations. The Justice40 Initiative applies to both discretionary funds and certain federal formula funding programs, including all of the following programs:(1) Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving Transportation program (Section 176 of Title 23 of the United States Code).(2) Carbon Reduction Program (Section 175 of Title 23 of the United States Code).(3) Congestion Mitigation and Air Quality Improvement Program (Section 149 of Title 23 of the United States Code).(4) National Electric Vehicle Infrastructure Formula Program (Public Law 117-58).(5) Surface Transportation Block Grant Programs transportation alternatives set-aside (Section 133 of Title 23 of the United States Code).(6) Grants for Buses and Bus Facilities Program (Section 5339 of Title 49 of the United States Code).(7) Tribal Transportation Program (Section 202 of Title 23 of the United States Code).(b) Governor Newsoms Executive Order No. N-16-22 (September 13, 2022) requires all state agencies and departments to more effectively advance equity and to respond to identified disparities with changes to the organizations mission, vision, goals, data tools, policies, programs, operations, community engagement, tribal consultation policies and practices, and other actions as necessary to serve all Californians.(c) Governor Newsoms Executive Order No. N-19-19 (September 20, 2019) requires the Transportation Agency to leverage discretionary state transportation moneys to reduce the emissions of greenhouse gases associated with the transportation sector and to mitigate the impacts of climate change, setting a precedent for leveraging discretionary state transportation moneys to meet state goals, including for equity under Governor Newsoms Executive Order No. N-16-22 (September 13, 2022).(d) In addition to publishing racial equity statements, the Transportation Agency, Department of Transportation, and California Transportation Commission have put forth a commendable range of equity commitments and initiatives, including all of the following:(1) Achieving or exceeding their goals for directing moneys to high-need populations in programs established pursuant to Chapter 830 of the Statutes of 2012 and Chapter 369 of the Statutes of 2016, including, but not limited to, the Transit and Intercity Rail Capital Program (Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code), the Low Carbon Transit Operations Program (Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code), and the Active Transportation Program (Chapter 8 (commencing with Section 2380) of Division 3 of the Streets and Highways Code).(2) Establishing the interagency equity advisory committee to elevate diverse and historically marginalized voices to advise our agencies on how to achieve meaningful outcomes in transportation equity, environmental justice, and equitable economic opportunities, especially as related to transportation planning and programming.(3) Developing the Department of Transportations transportation equity index, which is a screening tool that uses transportation-specific and socioeconomic indicators and identifies priority populations at a census block level.(4) Releasing the Climate Action Plan for Transportation Infrastructure, which outlines the states recommendations for investing discretionary transportation dollars to combat and adapt to climate change while supporting public health, safety, and equity.
SECTION 1. The Legislature finds and declares all of the following:
### SECTION 1.
(a) President Biden signed Executive Order No. 14008 (January 27, 2021) Tackling the Climate Crisis at Home and Abroad, which, in part, established the federal Justice40 Initiative and a goal that 40 percent of the overall benefits flow to priority populations. The Justice40 Initiative applies to both discretionary funds and certain federal formula funding programs, including all of the following programs:
(1) Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving Transportation program (Section 176 of Title 23 of the United States Code).
(2) Carbon Reduction Program (Section 175 of Title 23 of the United States Code).
(3) Congestion Mitigation and Air Quality Improvement Program (Section 149 of Title 23 of the United States Code).
(4) National Electric Vehicle Infrastructure Formula Program (Public Law 117-58).
(5) Surface Transportation Block Grant Programs transportation alternatives set-aside (Section 133 of Title 23 of the United States Code).
(6) Grants for Buses and Bus Facilities Program (Section 5339 of Title 49 of the United States Code).
(7) Tribal Transportation Program (Section 202 of Title 23 of the United States Code).
(b) Governor Newsoms Executive Order No. N-16-22 (September 13, 2022) requires all state agencies and departments to more effectively advance equity and to respond to identified disparities with changes to the organizations mission, vision, goals, data tools, policies, programs, operations, community engagement, tribal consultation policies and practices, and other actions as necessary to serve all Californians.
(c) Governor Newsoms Executive Order No. N-19-19 (September 20, 2019) requires the Transportation Agency to leverage discretionary state transportation moneys to reduce the emissions of greenhouse gases associated with the transportation sector and to mitigate the impacts of climate change, setting a precedent for leveraging discretionary state transportation moneys to meet state goals, including for equity under Governor Newsoms Executive Order No. N-16-22 (September 13, 2022).
(d) In addition to publishing racial equity statements, the Transportation Agency, Department of Transportation, and California Transportation Commission have put forth a commendable range of equity commitments and initiatives, including all of the following:
(1) Achieving or exceeding their goals for directing moneys to high-need populations in programs established pursuant to Chapter 830 of the Statutes of 2012 and Chapter 369 of the Statutes of 2016, including, but not limited to, the Transit and Intercity Rail Capital Program (Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code), the Low Carbon Transit Operations Program (Part 3 (commencing with Section 75230) of Division 44 of the Public Resources Code), and the Active Transportation Program (Chapter 8 (commencing with Section 2380) of Division 3 of the Streets and Highways Code).
(2) Establishing the interagency equity advisory committee to elevate diverse and historically marginalized voices to advise our agencies on how to achieve meaningful outcomes in transportation equity, environmental justice, and equitable economic opportunities, especially as related to transportation planning and programming.
(3) Developing the Department of Transportations transportation equity index, which is a screening tool that uses transportation-specific and socioeconomic indicators and identifies priority populations at a census block level.
(4) Releasing the Climate Action Plan for Transportation Infrastructure, which outlines the states recommendations for investing discretionary transportation dollars to combat and adapt to climate change while supporting public health, safety, and equity.
SEC. 2. Section 13986 is added to the Government Code, to read:13986. (a) For purposes of this section, the following definitions apply:(1) Interagency equity advisory committee means the interagency equity advisory committee formed by the California Transportation Commission, the Department of Transportation, and the agency.(2) Priority population means any of the following areas:(A) An area identified as among the most disadvantaged 25 percent in the state according to the most recent update to the California Communities Environmental Health Screening tool, also known as CalEnviroScreen.(B) An area identified as a priority population in the Department of Transportations transportation equity index.(C) An area within federally designated tribal lands.(D) A disadvantaged unincorporated community, as defined in Section 65302.10.(E) A community that meets a regional definition of environmental justice community, community of concern, or disadvantaged community, if that regional definition was adopted as part of the applicable regional transportation plan, including the sustainable communities strategy, adopted pursuant to Section 65080.(3) Project means either of the following:(A) An agency, Department of Transportation, or California Transportation Commission physical infrastructure project, including, but not limited to, road repairs, installing bike lanes, and developing dedicated bus lanes and bus stations.(B) An agency, Department of Transportation, or California Transportation Commission noninfrastructure project and associated benefits, including, but not limited to, education and safety programs to increase biking and walking, the development of walking and biking maps, demonstration projects and events, building community partnerships, transportation planning projects, and community engagement.(b) (1) (A) Based on the State Air Resource Boards sustainable transportation evaluation criteria for providing benefits to priority populations, the agency shall, on or before July 1, 2024, develop and adopt criteria and an evaluation process for purposes of this section. The criteria shall include definitions of any relevant terms and examples of benefits and disbenefits.(B) In developing the criteria, the agency shall conduct a public engagement process, which includes at least one listening session or workshop and a public comment period of at least 30 days, that enables the public and stakeholders to provide input and feedback on the proposed criteria and the agencys evaluation process. The agency shall provide public notice on its internet website of the listening session or workshop not less than 14 days before the listening session or workshop.(C) Before the agency adopts the criteria and evaluation process, the interagency equity advisory committee shall review, provide recommendations on, and evaluate potential changes to the proposed criteria and the evaluation process in order to increase the benefits of the criteria.(2) The agency shall update the criteria adopted pursuant to paragraph (1) to incorporate updates to the California Communities Environmental Health Screening tool, also known as CalEnviroScreen, and to the Department of Transportations transportation equity index, and as the agency determines is necessary.(3) (A) The agency shall evaluate each project to determine if the project would be located in a priority population, address an important need of a priority population, and provide a direct, meaningful, and assured benefit to a priority population.(B) For purposes of this section, benefit includes, but is not limited to, any of the following:(i) Reducing criteria air pollution or toxic air contaminant emissions.(ii) Providing increased access to clean or shared transportation options.(iii) Improving connectivity between travel modes.(iv) Improving mobility between key destinations and communities.(v) Improving safety and comfort of the transportation system.(vi) Increasing combined housing and transportation authority.(vii) Improving public health through increased access to active transportation.(viii) Improving community and climate resilience.(ix) Improving transportation-related employment opportunities.(x) Improving fair labor practices.(xi) Increasing inclusive local business and economic activity.(xii) Reducing congestion and vehicle miles traveled.(xiii) Increasing the availability of affordable housing.(xiv) Increasing transportation affordability, including by eliminating transit fares.(xv) Procedural equity benefits, including a community needs assessment or consulting or collaborating with community partners during the planning or decisionmaking process.(4) The agency shall evaluate each project to determine if the project provided procedural equity benefits, including a community needs assessment or by consulting or collaborating with community partners during the planning or decisionmaking process.(5) The location of a project within a priority population, based only on that location, is insufficient to establish that the project would provide a benefit to the priority population.(6) The agency shall evaluate each project to determine if the project would provide a disbenefit, including, but not limited to, highway widening for single-occupancy vehicles or freight vehicles, displacement, and socioeconomic factors, to a priority population.(7) The agency shall require a project proponent to clearly articulate how the project does, or does not, meet the definition of priority population, and shall authorize the project proponent to use any meaning of a priority population described in subdivision (a).(8) A project proponent may petition the agency to use alternative information, including census data and regional findings or definitions, to reevaluate a project on the basis that the agencys evaluation was based on inaccurate, or a lack of accurate, information.(9) The agency shall make publicly available any scoring rubric developed for purposes of this subdivision.(c) (1) To the extent doing so is consistent with the California Constitution and federal law, using the criteria adopted pursuant to subdivision (b), the agency shall, on and after July 1, 2024, ensure that at least 60 percent of the moneys allocated for agency, Department of Transportation, or California Transportation Commission projects, excluding administrative costs, are allocated for projects that are located in priority populations, address an important need of priority populations, and provide at least five direct, meaningful, and assured benefits, or additional cobenefits, to priority populations. Moneys allocated for a project determined to provide a disbenefit to a priority population pursuant to paragraph (3) of subdivision (b) shall not be counted towards that 60-percent requirement.(2) To the extent consistent with paragraph (1), it is the intent of the Legislature that the agency do both of the following:(A) Ensure that each project provides benefits that align with the greatest needs of the priority population.(B) Locate and fund projects in a manner that represents the geographic diversity of the state and benefits both rural and urban communities and both incorporated and unincorporated towns.(d) The agency shall select a third-party governmental entity to audit and review the criteria adopted pursuant to paragraph (1) of subdivision (b), the evaluation of projects pursuant to that criteria, and the allocations made for purposes of satisfying subdivision (c). The selected third-party governmental entity shall have expertise and experience working on equity. The selection of the third-party governmental entity shall be a subject discussed in the public engagement process required pursuant to subparagraph (B) of paragraph (1) of subdivision (b) and subject to approval by the interagency equity advisory committee.
SEC. 2. Section 13986 is added to the Government Code, to read:
### SEC. 2.
13986. (a) For purposes of this section, the following definitions apply:(1) Interagency equity advisory committee means the interagency equity advisory committee formed by the California Transportation Commission, the Department of Transportation, and the agency.(2) Priority population means any of the following areas:(A) An area identified as among the most disadvantaged 25 percent in the state according to the most recent update to the California Communities Environmental Health Screening tool, also known as CalEnviroScreen.(B) An area identified as a priority population in the Department of Transportations transportation equity index.(C) An area within federally designated tribal lands.(D) A disadvantaged unincorporated community, as defined in Section 65302.10.(E) A community that meets a regional definition of environmental justice community, community of concern, or disadvantaged community, if that regional definition was adopted as part of the applicable regional transportation plan, including the sustainable communities strategy, adopted pursuant to Section 65080.(3) Project means either of the following:(A) An agency, Department of Transportation, or California Transportation Commission physical infrastructure project, including, but not limited to, road repairs, installing bike lanes, and developing dedicated bus lanes and bus stations.(B) An agency, Department of Transportation, or California Transportation Commission noninfrastructure project and associated benefits, including, but not limited to, education and safety programs to increase biking and walking, the development of walking and biking maps, demonstration projects and events, building community partnerships, transportation planning projects, and community engagement.(b) (1) (A) Based on the State Air Resource Boards sustainable transportation evaluation criteria for providing benefits to priority populations, the agency shall, on or before July 1, 2024, develop and adopt criteria and an evaluation process for purposes of this section. The criteria shall include definitions of any relevant terms and examples of benefits and disbenefits.(B) In developing the criteria, the agency shall conduct a public engagement process, which includes at least one listening session or workshop and a public comment period of at least 30 days, that enables the public and stakeholders to provide input and feedback on the proposed criteria and the agencys evaluation process. The agency shall provide public notice on its internet website of the listening session or workshop not less than 14 days before the listening session or workshop.(C) Before the agency adopts the criteria and evaluation process, the interagency equity advisory committee shall review, provide recommendations on, and evaluate potential changes to the proposed criteria and the evaluation process in order to increase the benefits of the criteria.(2) The agency shall update the criteria adopted pursuant to paragraph (1) to incorporate updates to the California Communities Environmental Health Screening tool, also known as CalEnviroScreen, and to the Department of Transportations transportation equity index, and as the agency determines is necessary.(3) (A) The agency shall evaluate each project to determine if the project would be located in a priority population, address an important need of a priority population, and provide a direct, meaningful, and assured benefit to a priority population.(B) For purposes of this section, benefit includes, but is not limited to, any of the following:(i) Reducing criteria air pollution or toxic air contaminant emissions.(ii) Providing increased access to clean or shared transportation options.(iii) Improving connectivity between travel modes.(iv) Improving mobility between key destinations and communities.(v) Improving safety and comfort of the transportation system.(vi) Increasing combined housing and transportation authority.(vii) Improving public health through increased access to active transportation.(viii) Improving community and climate resilience.(ix) Improving transportation-related employment opportunities.(x) Improving fair labor practices.(xi) Increasing inclusive local business and economic activity.(xii) Reducing congestion and vehicle miles traveled.(xiii) Increasing the availability of affordable housing.(xiv) Increasing transportation affordability, including by eliminating transit fares.(xv) Procedural equity benefits, including a community needs assessment or consulting or collaborating with community partners during the planning or decisionmaking process.(4) The agency shall evaluate each project to determine if the project provided procedural equity benefits, including a community needs assessment or by consulting or collaborating with community partners during the planning or decisionmaking process.(5) The location of a project within a priority population, based only on that location, is insufficient to establish that the project would provide a benefit to the priority population.(6) The agency shall evaluate each project to determine if the project would provide a disbenefit, including, but not limited to, highway widening for single-occupancy vehicles or freight vehicles, displacement, and socioeconomic factors, to a priority population.(7) The agency shall require a project proponent to clearly articulate how the project does, or does not, meet the definition of priority population, and shall authorize the project proponent to use any meaning of a priority population described in subdivision (a).(8) A project proponent may petition the agency to use alternative information, including census data and regional findings or definitions, to reevaluate a project on the basis that the agencys evaluation was based on inaccurate, or a lack of accurate, information.(9) The agency shall make publicly available any scoring rubric developed for purposes of this subdivision.(c) (1) To the extent doing so is consistent with the California Constitution and federal law, using the criteria adopted pursuant to subdivision (b), the agency shall, on and after July 1, 2024, ensure that at least 60 percent of the moneys allocated for agency, Department of Transportation, or California Transportation Commission projects, excluding administrative costs, are allocated for projects that are located in priority populations, address an important need of priority populations, and provide at least five direct, meaningful, and assured benefits, or additional cobenefits, to priority populations. Moneys allocated for a project determined to provide a disbenefit to a priority population pursuant to paragraph (3) of subdivision (b) shall not be counted towards that 60-percent requirement.(2) To the extent consistent with paragraph (1), it is the intent of the Legislature that the agency do both of the following:(A) Ensure that each project provides benefits that align with the greatest needs of the priority population.(B) Locate and fund projects in a manner that represents the geographic diversity of the state and benefits both rural and urban communities and both incorporated and unincorporated towns.(d) The agency shall select a third-party governmental entity to audit and review the criteria adopted pursuant to paragraph (1) of subdivision (b), the evaluation of projects pursuant to that criteria, and the allocations made for purposes of satisfying subdivision (c). The selected third-party governmental entity shall have expertise and experience working on equity. The selection of the third-party governmental entity shall be a subject discussed in the public engagement process required pursuant to subparagraph (B) of paragraph (1) of subdivision (b) and subject to approval by the interagency equity advisory committee.
13986. (a) For purposes of this section, the following definitions apply:(1) Interagency equity advisory committee means the interagency equity advisory committee formed by the California Transportation Commission, the Department of Transportation, and the agency.(2) Priority population means any of the following areas:(A) An area identified as among the most disadvantaged 25 percent in the state according to the most recent update to the California Communities Environmental Health Screening tool, also known as CalEnviroScreen.(B) An area identified as a priority population in the Department of Transportations transportation equity index.(C) An area within federally designated tribal lands.(D) A disadvantaged unincorporated community, as defined in Section 65302.10.(E) A community that meets a regional definition of environmental justice community, community of concern, or disadvantaged community, if that regional definition was adopted as part of the applicable regional transportation plan, including the sustainable communities strategy, adopted pursuant to Section 65080.(3) Project means either of the following:(A) An agency, Department of Transportation, or California Transportation Commission physical infrastructure project, including, but not limited to, road repairs, installing bike lanes, and developing dedicated bus lanes and bus stations.(B) An agency, Department of Transportation, or California Transportation Commission noninfrastructure project and associated benefits, including, but not limited to, education and safety programs to increase biking and walking, the development of walking and biking maps, demonstration projects and events, building community partnerships, transportation planning projects, and community engagement.(b) (1) (A) Based on the State Air Resource Boards sustainable transportation evaluation criteria for providing benefits to priority populations, the agency shall, on or before July 1, 2024, develop and adopt criteria and an evaluation process for purposes of this section. The criteria shall include definitions of any relevant terms and examples of benefits and disbenefits.(B) In developing the criteria, the agency shall conduct a public engagement process, which includes at least one listening session or workshop and a public comment period of at least 30 days, that enables the public and stakeholders to provide input and feedback on the proposed criteria and the agencys evaluation process. The agency shall provide public notice on its internet website of the listening session or workshop not less than 14 days before the listening session or workshop.(C) Before the agency adopts the criteria and evaluation process, the interagency equity advisory committee shall review, provide recommendations on, and evaluate potential changes to the proposed criteria and the evaluation process in order to increase the benefits of the criteria.(2) The agency shall update the criteria adopted pursuant to paragraph (1) to incorporate updates to the California Communities Environmental Health Screening tool, also known as CalEnviroScreen, and to the Department of Transportations transportation equity index, and as the agency determines is necessary.(3) (A) The agency shall evaluate each project to determine if the project would be located in a priority population, address an important need of a priority population, and provide a direct, meaningful, and assured benefit to a priority population.(B) For purposes of this section, benefit includes, but is not limited to, any of the following:(i) Reducing criteria air pollution or toxic air contaminant emissions.(ii) Providing increased access to clean or shared transportation options.(iii) Improving connectivity between travel modes.(iv) Improving mobility between key destinations and communities.(v) Improving safety and comfort of the transportation system.(vi) Increasing combined housing and transportation authority.(vii) Improving public health through increased access to active transportation.(viii) Improving community and climate resilience.(ix) Improving transportation-related employment opportunities.(x) Improving fair labor practices.(xi) Increasing inclusive local business and economic activity.(xii) Reducing congestion and vehicle miles traveled.(xiii) Increasing the availability of affordable housing.(xiv) Increasing transportation affordability, including by eliminating transit fares.(xv) Procedural equity benefits, including a community needs assessment or consulting or collaborating with community partners during the planning or decisionmaking process.(4) The agency shall evaluate each project to determine if the project provided procedural equity benefits, including a community needs assessment or by consulting or collaborating with community partners during the planning or decisionmaking process.(5) The location of a project within a priority population, based only on that location, is insufficient to establish that the project would provide a benefit to the priority population.(6) The agency shall evaluate each project to determine if the project would provide a disbenefit, including, but not limited to, highway widening for single-occupancy vehicles or freight vehicles, displacement, and socioeconomic factors, to a priority population.(7) The agency shall require a project proponent to clearly articulate how the project does, or does not, meet the definition of priority population, and shall authorize the project proponent to use any meaning of a priority population described in subdivision (a).(8) A project proponent may petition the agency to use alternative information, including census data and regional findings or definitions, to reevaluate a project on the basis that the agencys evaluation was based on inaccurate, or a lack of accurate, information.(9) The agency shall make publicly available any scoring rubric developed for purposes of this subdivision.(c) (1) To the extent doing so is consistent with the California Constitution and federal law, using the criteria adopted pursuant to subdivision (b), the agency shall, on and after July 1, 2024, ensure that at least 60 percent of the moneys allocated for agency, Department of Transportation, or California Transportation Commission projects, excluding administrative costs, are allocated for projects that are located in priority populations, address an important need of priority populations, and provide at least five direct, meaningful, and assured benefits, or additional cobenefits, to priority populations. Moneys allocated for a project determined to provide a disbenefit to a priority population pursuant to paragraph (3) of subdivision (b) shall not be counted towards that 60-percent requirement.(2) To the extent consistent with paragraph (1), it is the intent of the Legislature that the agency do both of the following:(A) Ensure that each project provides benefits that align with the greatest needs of the priority population.(B) Locate and fund projects in a manner that represents the geographic diversity of the state and benefits both rural and urban communities and both incorporated and unincorporated towns.(d) The agency shall select a third-party governmental entity to audit and review the criteria adopted pursuant to paragraph (1) of subdivision (b), the evaluation of projects pursuant to that criteria, and the allocations made for purposes of satisfying subdivision (c). The selected third-party governmental entity shall have expertise and experience working on equity. The selection of the third-party governmental entity shall be a subject discussed in the public engagement process required pursuant to subparagraph (B) of paragraph (1) of subdivision (b) and subject to approval by the interagency equity advisory committee.
13986. (a) For purposes of this section, the following definitions apply:(1) Interagency equity advisory committee means the interagency equity advisory committee formed by the California Transportation Commission, the Department of Transportation, and the agency.(2) Priority population means any of the following areas:(A) An area identified as among the most disadvantaged 25 percent in the state according to the most recent update to the California Communities Environmental Health Screening tool, also known as CalEnviroScreen.(B) An area identified as a priority population in the Department of Transportations transportation equity index.(C) An area within federally designated tribal lands.(D) A disadvantaged unincorporated community, as defined in Section 65302.10.(E) A community that meets a regional definition of environmental justice community, community of concern, or disadvantaged community, if that regional definition was adopted as part of the applicable regional transportation plan, including the sustainable communities strategy, adopted pursuant to Section 65080.(3) Project means either of the following:(A) An agency, Department of Transportation, or California Transportation Commission physical infrastructure project, including, but not limited to, road repairs, installing bike lanes, and developing dedicated bus lanes and bus stations.(B) An agency, Department of Transportation, or California Transportation Commission noninfrastructure project and associated benefits, including, but not limited to, education and safety programs to increase biking and walking, the development of walking and biking maps, demonstration projects and events, building community partnerships, transportation planning projects, and community engagement.(b) (1) (A) Based on the State Air Resource Boards sustainable transportation evaluation criteria for providing benefits to priority populations, the agency shall, on or before July 1, 2024, develop and adopt criteria and an evaluation process for purposes of this section. The criteria shall include definitions of any relevant terms and examples of benefits and disbenefits.(B) In developing the criteria, the agency shall conduct a public engagement process, which includes at least one listening session or workshop and a public comment period of at least 30 days, that enables the public and stakeholders to provide input and feedback on the proposed criteria and the agencys evaluation process. The agency shall provide public notice on its internet website of the listening session or workshop not less than 14 days before the listening session or workshop.(C) Before the agency adopts the criteria and evaluation process, the interagency equity advisory committee shall review, provide recommendations on, and evaluate potential changes to the proposed criteria and the evaluation process in order to increase the benefits of the criteria.(2) The agency shall update the criteria adopted pursuant to paragraph (1) to incorporate updates to the California Communities Environmental Health Screening tool, also known as CalEnviroScreen, and to the Department of Transportations transportation equity index, and as the agency determines is necessary.(3) (A) The agency shall evaluate each project to determine if the project would be located in a priority population, address an important need of a priority population, and provide a direct, meaningful, and assured benefit to a priority population.(B) For purposes of this section, benefit includes, but is not limited to, any of the following:(i) Reducing criteria air pollution or toxic air contaminant emissions.(ii) Providing increased access to clean or shared transportation options.(iii) Improving connectivity between travel modes.(iv) Improving mobility between key destinations and communities.(v) Improving safety and comfort of the transportation system.(vi) Increasing combined housing and transportation authority.(vii) Improving public health through increased access to active transportation.(viii) Improving community and climate resilience.(ix) Improving transportation-related employment opportunities.(x) Improving fair labor practices.(xi) Increasing inclusive local business and economic activity.(xii) Reducing congestion and vehicle miles traveled.(xiii) Increasing the availability of affordable housing.(xiv) Increasing transportation affordability, including by eliminating transit fares.(xv) Procedural equity benefits, including a community needs assessment or consulting or collaborating with community partners during the planning or decisionmaking process.(4) The agency shall evaluate each project to determine if the project provided procedural equity benefits, including a community needs assessment or by consulting or collaborating with community partners during the planning or decisionmaking process.(5) The location of a project within a priority population, based only on that location, is insufficient to establish that the project would provide a benefit to the priority population.(6) The agency shall evaluate each project to determine if the project would provide a disbenefit, including, but not limited to, highway widening for single-occupancy vehicles or freight vehicles, displacement, and socioeconomic factors, to a priority population.(7) The agency shall require a project proponent to clearly articulate how the project does, or does not, meet the definition of priority population, and shall authorize the project proponent to use any meaning of a priority population described in subdivision (a).(8) A project proponent may petition the agency to use alternative information, including census data and regional findings or definitions, to reevaluate a project on the basis that the agencys evaluation was based on inaccurate, or a lack of accurate, information.(9) The agency shall make publicly available any scoring rubric developed for purposes of this subdivision.(c) (1) To the extent doing so is consistent with the California Constitution and federal law, using the criteria adopted pursuant to subdivision (b), the agency shall, on and after July 1, 2024, ensure that at least 60 percent of the moneys allocated for agency, Department of Transportation, or California Transportation Commission projects, excluding administrative costs, are allocated for projects that are located in priority populations, address an important need of priority populations, and provide at least five direct, meaningful, and assured benefits, or additional cobenefits, to priority populations. Moneys allocated for a project determined to provide a disbenefit to a priority population pursuant to paragraph (3) of subdivision (b) shall not be counted towards that 60-percent requirement.(2) To the extent consistent with paragraph (1), it is the intent of the Legislature that the agency do both of the following:(A) Ensure that each project provides benefits that align with the greatest needs of the priority population.(B) Locate and fund projects in a manner that represents the geographic diversity of the state and benefits both rural and urban communities and both incorporated and unincorporated towns.(d) The agency shall select a third-party governmental entity to audit and review the criteria adopted pursuant to paragraph (1) of subdivision (b), the evaluation of projects pursuant to that criteria, and the allocations made for purposes of satisfying subdivision (c). The selected third-party governmental entity shall have expertise and experience working on equity. The selection of the third-party governmental entity shall be a subject discussed in the public engagement process required pursuant to subparagraph (B) of paragraph (1) of subdivision (b) and subject to approval by the interagency equity advisory committee.
13986. (a) For purposes of this section, the following definitions apply:
(1) Interagency equity advisory committee means the interagency equity advisory committee formed by the California Transportation Commission, the Department of Transportation, and the agency.
(2) Priority population means any of the following areas:
(A) An area identified as among the most disadvantaged 25 percent in the state according to the most recent update to the California Communities Environmental Health Screening tool, also known as CalEnviroScreen.
(B) An area identified as a priority population in the Department of Transportations transportation equity index.
(C) An area within federally designated tribal lands.
(D) A disadvantaged unincorporated community, as defined in Section 65302.10.
(E) A community that meets a regional definition of environmental justice community, community of concern, or disadvantaged community, if that regional definition was adopted as part of the applicable regional transportation plan, including the sustainable communities strategy, adopted pursuant to Section 65080.
(3) Project means either of the following:
(A) An agency, Department of Transportation, or California Transportation Commission physical infrastructure project, including, but not limited to, road repairs, installing bike lanes, and developing dedicated bus lanes and bus stations.
(B) An agency, Department of Transportation, or California Transportation Commission noninfrastructure project and associated benefits, including, but not limited to, education and safety programs to increase biking and walking, the development of walking and biking maps, demonstration projects and events, building community partnerships, transportation planning projects, and community engagement.
(b) (1) (A) Based on the State Air Resource Boards sustainable transportation evaluation criteria for providing benefits to priority populations, the agency shall, on or before July 1, 2024, develop and adopt criteria and an evaluation process for purposes of this section. The criteria shall include definitions of any relevant terms and examples of benefits and disbenefits.
(B) In developing the criteria, the agency shall conduct a public engagement process, which includes at least one listening session or workshop and a public comment period of at least 30 days, that enables the public and stakeholders to provide input and feedback on the proposed criteria and the agencys evaluation process. The agency shall provide public notice on its internet website of the listening session or workshop not less than 14 days before the listening session or workshop.
(C) Before the agency adopts the criteria and evaluation process, the interagency equity advisory committee shall review, provide recommendations on, and evaluate potential changes to the proposed criteria and the evaluation process in order to increase the benefits of the criteria.
(2) The agency shall update the criteria adopted pursuant to paragraph (1) to incorporate updates to the California Communities Environmental Health Screening tool, also known as CalEnviroScreen, and to the Department of Transportations transportation equity index, and as the agency determines is necessary.
(3) (A) The agency shall evaluate each project to determine if the project would be located in a priority population, address an important need of a priority population, and provide a direct, meaningful, and assured benefit to a priority population.
(B) For purposes of this section, benefit includes, but is not limited to, any of the following:
(i) Reducing criteria air pollution or toxic air contaminant emissions.
(ii) Providing increased access to clean or shared transportation options.
(iii) Improving connectivity between travel modes.
(iv) Improving mobility between key destinations and communities.
(v) Improving safety and comfort of the transportation system.
(vi) Increasing combined housing and transportation authority.
(vii) Improving public health through increased access to active transportation.
(viii) Improving community and climate resilience.
(ix) Improving transportation-related employment opportunities.
(x) Improving fair labor practices.
(xi) Increasing inclusive local business and economic activity.
(xii) Reducing congestion and vehicle miles traveled.
(xiii) Increasing the availability of affordable housing.
(xiv) Increasing transportation affordability, including by eliminating transit fares.
(xv) Procedural equity benefits, including a community needs assessment or consulting or collaborating with community partners during the planning or decisionmaking process.
(4) The agency shall evaluate each project to determine if the project provided procedural equity benefits, including a community needs assessment or by consulting or collaborating with community partners during the planning or decisionmaking process.
(5) The location of a project within a priority population, based only on that location, is insufficient to establish that the project would provide a benefit to the priority population.
(6) The agency shall evaluate each project to determine if the project would provide a disbenefit, including, but not limited to, highway widening for single-occupancy vehicles or freight vehicles, displacement, and socioeconomic factors, to a priority population.
(7) The agency shall require a project proponent to clearly articulate how the project does, or does not, meet the definition of priority population, and shall authorize the project proponent to use any meaning of a priority population described in subdivision (a).
(8) A project proponent may petition the agency to use alternative information, including census data and regional findings or definitions, to reevaluate a project on the basis that the agencys evaluation was based on inaccurate, or a lack of accurate, information.
(9) The agency shall make publicly available any scoring rubric developed for purposes of this subdivision.
(c) (1) To the extent doing so is consistent with the California Constitution and federal law, using the criteria adopted pursuant to subdivision (b), the agency shall, on and after July 1, 2024, ensure that at least 60 percent of the moneys allocated for agency, Department of Transportation, or California Transportation Commission projects, excluding administrative costs, are allocated for projects that are located in priority populations, address an important need of priority populations, and provide at least five direct, meaningful, and assured benefits, or additional cobenefits, to priority populations. Moneys allocated for a project determined to provide a disbenefit to a priority population pursuant to paragraph (3) of subdivision (b) shall not be counted towards that 60-percent requirement.
(2) To the extent consistent with paragraph (1), it is the intent of the Legislature that the agency do both of the following:
(A) Ensure that each project provides benefits that align with the greatest needs of the priority population.
(B) Locate and fund projects in a manner that represents the geographic diversity of the state and benefits both rural and urban communities and both incorporated and unincorporated towns.
(d) The agency shall select a third-party governmental entity to audit and review the criteria adopted pursuant to paragraph (1) of subdivision (b), the evaluation of projects pursuant to that criteria, and the allocations made for purposes of satisfying subdivision (c). The selected third-party governmental entity shall have expertise and experience working on equity. The selection of the third-party governmental entity shall be a subject discussed in the public engagement process required pursuant to subparagraph (B) of paragraph (1) of subdivision (b) and subject to approval by the interagency equity advisory committee.
It is the intent of the Legislature to enact future legislation to promote equity first in transportation funding and to prioritize funding to vulnerable communities.