Caltrans employees surveying the pile of Active Transportation Program grant submissions earlier this year.

At $129 million, or barely 1{850a63fa8a72bae4d6bfa3f1eda9f619cddace10f9053ede128e2914f9ca5a15} of the state’s transportation budget for biking and walking combined, funding for bike infrastructure is paltry at best. We had limited success this year with our efforts to increase bicycle funding. Despite our advocacy, there was no increase in the Active Transportation Program (ATP). The formulas for spending cap-and-trade revenue did make active transportation eligible for about $65 million this year and up to 10{850a63fa8a72bae4d6bfa3f1eda9f619cddace10f9053ede128e2914f9ca5a15} ($200-$500 million) of all funds in future years, but there are no guarantees that it will be spent on active transportation. Increasing and protecting the amounts eligible for active transportation in the ATP, in cap-and-trade funds, and from other sources is a goal for next year. The Governor did indicate support for more bike funding by signing AB 1183 which allows a $5 vehicle registration surcharge dedicated to bicycle infrastructure. Originally proposed as a tax against bikes, the bill was amended — thanks to our work and that of Senate Governance & Finance Chair Lois Wolk — to become a vehicle license surcharge. AB 1183 is more of a symbolic statement than a practical funding source, because local agencies would need two-thirds voter approval to impose the surcharge. Until the minimum threshold to pass tax-related ballot initiatives is lowered, this surcharge is most likely not a viable source of revenue to be pursued.

Governor Sends Message on Equity

In order for more people to feel comfortable riding bikes, we need to ensure that Californians respect bicyclists and that state laws and regulations protect those who choose to ride. This year the Three Feet for Safety Act went into full effect, and the media coverage has been instrumental in reminding everyone that people on bikes have a right to feel safe. While this legislation was a big win for the California Bicycle Coalition, other safe streets bills we supported were vetoed by Governor Brown. In fact, any bill that increased penalties for traffic violations was vetoed by Governor Brown. Here is a list of the bills that Governor brown vetoed, and his reasoning for vetoing them, according to his message:

• AB 2398 – Assembly Member Marc Levine’s Vulnerable Road User bill, of which we were sponsors, stating that injuring a “vulnerable road user” be punishable by a fine of not less than $220 and not more than $300, as well as a violation point.
  • “This measure adds a moving violation to the Vehicle Code with fines and penalties up to $1,361. I think the current laws are sufficient” http://gov.ca.gov/docs/AB_2398_Veto_Message.pdf
• AB 1532 – Assembly Member Mike Gatto’s Hit-and-Run bill requiring a minimum six-month driver’s license suspension for drivers found guilty of not stopping and providing their name and contact information, regardless of whether or not someone was injured. This legislation was intended to balance the penalty for hit-and-run crimes with drunk driving penalties.
  • “California has a very extensive set of criminal laws and penalties. This measure would create a new crime that includes a fine and penalty assessments of up to $4,231 and possible jail time of up to six months. I don’t find sufficient justification for creating a new crime when no injury to person of property occurred. I think current law is adequate.” http://gov.ca.gov/docs/AB_1532_Veto_Message.pdf
• AB 47 – Assembly Member Mike Gatto’s bill allowing CHP to issue a “Yellow Alert” if a person has been killed or injured due to a hit-and-run, and the law enforcement agency has suspect information.
  • “I have just signed SB 1127, to add developmentally disabled persons to the missing persons alert system. This expansion should be tested before adding more categories of individuals that could overload the system.” http://gov.ca.gov/docs/AB_47_Veto_Message.pdf
• SB 1151 – Senator Anthony Cannella’s bill increasing fines for some moving violations in school zones. The additional fines would have been dedicated to the Active Transportation Program.
  • “Increasing traffic fines as the method to pay transportation fund activities is a regressive increase that affects poor people disproportionately. Making safety improvements in school zones is obviously important, but not by increasing traffic fines.” http://gov.ca.gov/docs/SB_1151_Veto_Message.pdf
• AB 1646 – Assembly Member Jim Frazier’s bill requiring that the DMV’s driving quiz include a test of the applicant’s understanding of the dangers of cellphone use while driving. The bill would have assessed a violation point for a 2nd conviction of using a cell phone while driving.
  • “I certainly support taking steps to curb cell phone use and texting while driving, but I don’t believe this bill is necessary at this time to achieve that goal.“I’m instructing the Department of Motor Vehicles to add a question about the dangers of using a communication device on the driver license exam. Additionally, the department is beginning a review and analysis of data on distracted driving in California. Let’s wait to see the results before enacting a law requiring a violation point.” http://gov.ca.gov/docs/AB_1646_Veto_Message.pdf
• AB 2337 – Assembly Member Eric Linder’s bill increasing the one-year suspension to two years when an offender flees the scene — it also assesses the violation as either a felony or a misdemeanor.
  • “Currently, penalties for serious hit-and-run collisions can include incarceration for an extended period, fines including penalty assessments up to $41,131, and restitution. Moreover, conditions of parole and probation can be imposed to prohibit driving.While I consider hit-and-run collisions to be very significant events, current penalties seem to be at appropriate levels.” http://gov.ca.gov/docs/AB_2337_Veto_Message.pdf

Governor Brown is sending a clear message that he will kill any bill that increases penalties, in the name of equity. In some cases, we can focus on aspect of our bills he should support. For instance, defining “vulnerable road users” is vital for local municipalities to pass anti-harassment ordinances and area-specific Vulnerable Road User bills. In other cases, we simply try again, as we were tacitly invited to in his veto message on AB 47. For the most part, however, the Governor is challenging us to find ways to improve traffic safety and enforcement while improving equity.

Promoting Transportation Justice

Whether you are walking, biking, or driving, all road users break the law — mainly because of human error and poor design. Governor Brown’s message was clear: penalizing those violations is unfairly regressive. Moreover, for immigrant communities, the penalties associated with hit-and-runs can be wildly disproportionate, even resulting, in some cases, in deportation. Many have argued that a primary reason for Los Angeles’ rampant hit-and-run culture (20,000 cases every year) is because there are many undocumented and federally authorized immigrants who face two choices when involved in a collision: run, or be torn from their families. The good news is that thanks to AB 60, effective January 1, 2015, applicants will be able to get a driver’s license without having to present a Social Security Number. AB 60 is a step towards making enforcement against hit-and-runs less problematic; but finally putting an end to hit-and-runs requires a much more comprehensive approach.