AB 2168
Active Transportation Program: guidelines.
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Majority
Fiscal committee
No
Appropriation
No
Current location
Appropriations
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Bill overview
This bill updates the guidelines for the California Active Transportation Program, which aims to encourage more people to bike and walk. Starting January 1, 2028, the guidelines will prioritize projects that improve access to transit and school bus stops, particularly in underserved or rural areas. The bill also strengthens project selection criteria, including maximizing state transportation funds and implementing penalties for failing to use previously allocated funds, and requires consultations with transit agencies for projects near existing routes.
Key provisions
- Requires guidelines to prioritize projects improving access to transit and school bus stops.
- Mandates the inclusion of criteria to maximize state transportation funds for active transportation projects.
- Establishes penalties for applicants who fail to utilize previously received program funds in a timely manner.
- Requires consultation with transit agencies for projects adjacent to existing transit routes.
- Modifies project eligibility guidelines to exclude Class III bikeways unless specific conditions are met.
- Expands the definition of disadvantaged communities for funding purposes.
- Allows implementing agencies to seek approval for advance expenditures using their own funds for approved projects.
- Requires the commission to adopt guidelines following at least two public hearings.
Who is affected
- Pedestrian and bicycle commuters
- Transit riders
- School bus riders
- Local governments (cities and counties)
Arguments in favor
Reasons to support this legislation.
No arguments in favor have been submitted.
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AB2168:v95#DOCUMENT
Bill Start
| Amended IN Senate June 22, 2026 |
| Amended IN Assembly May 18, 2026 |
| Amended IN Assembly April 13, 2026 |
| Amended IN Assembly March 16, 2026 |
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Assembly Bill
No. 2168
| Introduced by Assembly Member Wicks |
| February 18, 2026 |
An act to amend Section 2380 of, and to amend, repeal, and add Section 2382 of, the Streets and Highways Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2168, as amended, Wicks. Active Transportation Program: guidelines.
Existing law establishes the Active Transportation Program in the Department of Transportation for the purpose of encouraging increased use of active modes of transportation, such as biking and walking. Existing law requires the California Transportation Commission to develop guidelines and project selection criteria for the program, including guidelines with regard to project eligibility that include, among other project types, safe routes to transit projects that will encourage transit by improving biking and walking routes to mass transportation facilities and schoolbus stops.
This bill would, on and after January 1, 2028, instead require the guidelines with regard to project eligibility to include projects for safe routes to transit projects that encourage access to transit facilities and schoolbus stops by biking and walking, as specified, and projects that will expand access to transit in underserved or rural areas.
Existing law requires the commission to develop guidelines with regard to project selection that include, among other criteria, identification of walking and bicycling routes to and from schools, transit facilities, and community centers.
This bill would, on and after January 1, 2028, require the guidelines with regard to project selection to also include as criteria recommendations to maximize commitments of state transportation improvement program funds to projects funded by the program.
Existing law authorizes the guidelines to include incentives to maximize the potential for attracting funds other than program funds for eligible projects.
This bill would, on and after January 1, 2028, (1) instead require the guidelines to include incentives intended to maximize the potential for attracting funds other than program funds for eligible projects in order to scale funding for larger or network-level active transportation improvements, (2) require the commission’s guidelines to include a progressive range of penalties for an applicant that failed to use previously received program funds in a timely manner, as specified. specified, and (3) require the guidelines to include a requirement for an applicant to consult with the executive officer of a transit agency operating in a project corridor if the project will be adjacent to an existing bus, shuttle, or paratransit route, as specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 2380 of the Streets and Highways Code is amended to read:
2380.
There is hereby established the Active Transportation Program in the department for the purpose of encouraging increased use of active modes of transportation, such as biking and walking. It is the intent of the Legislature that the program achieve all of the following goals:
(a) Increase the proportion of trips accomplished by biking and walking, including, but not limited to, access to public transit stops, stations, and other transit facilities.
(b) Increase safety and mobility for nonmotorized users.
(c) Advance the active transportation efforts of regional agencies to achieve greenhouse gas reduction goals as established pursuant to Senate Bill 375 (Chapter 728, Statutes of 2008) and Senate Bill 391 (Chapter 585, Statutes of 2009).
(d) Enhance public health, including reduction of childhood obesity through the use of programs including, but not limited to, projects eligible for Safe Routes to School Program funding.
(e) Ensure that disadvantaged communities fully share in the benefits of the program.
(f) Provide a broad spectrum of projects to benefit many types of active transportation users.
SEC. 2.
Section 2382 of the Streets and Highways Code is amended to read:
2382.
(a) The California Transportation Commission shall develop guidelines and project selection criteria for the Active Transportation Program in consultation with the Active Transportation Program Workgroup, which shall be formed for purposes of providing guidance on matters including, but not limited to, development of and subsequent revisions to program guidelines, schedules and procedures, project selection criteria, performance measures, and program evaluation. The workgroup shall include, but not be limited to, representatives of government agencies and active transportation stakeholder organizations with expertise in pedestrian and bicycle issues, including Safe Routes to School programs.
(b) The guidelines shall be the complete and full statement of the policies and criteria that the commission intends to use in selecting projects to be included in the program. The guidelines shall address subjects that include, but are not limited to, project eligibility, application timelines, application rating and ranking criteria, project monitoring, reporting, and transparency, and project performance measurement.
(c) The guidelines shall include a process to ensure that no less than 25 percent of overall program funds benefit disadvantaged communities during each program cycle. The guidelines shall establish a program definition for disadvantaged communities that may include, but need not be limited to, the definition in Section 39711 of the Health and Safety Code and the definition of low-income schools in paragraph (7) of subdivision (b) of former Section 2333.5, as that section read on January 1, 2013. A project eligible under this subdivision shall clearly demonstrate a benefit to a disadvantaged community or be directly located in a disadvantaged community.
(d) The guidelines shall allow streamlining of project delivery by authorizing an implementing agency to seek commission approval of a letter of no prejudice that will allow the agency to expend its own funds for a project programmed in a future year of the adopted program of projects, in advance of allocation of funds to the project by the commission, and to be reimbursed at a later time for eligible expenditures.
(e) The California Transportation Commission shall adopt the guidelines and selection criteria for, and define the types of projects eligible to be funded through, the program following at least two public hearings. Projects funded in this program shall be limited to active transportation projects. The guidelines shall ensure that eligible projects meet one or more of the goals set forth in Section 2380 and may give increased weight to projects meeting multiple goals.
(f) In developing the guidelines with regard to project eligibility, the commission shall include, but need not be limited to, the following project types:
(1) Development of new bikeways and walkways, or improvements to existing bikeways and walkways, that improve mobility, access, or safety for nonmotorized users. On and after January 1, 2026, the guidelines with regard to project eligibility shall not include the development of Class III bikeways, as described in Section 890.4, or the marking in Figure 9C-9 of the 2014 California Manual on Uniform Traffic Control Devices, Revision 8, unless any of the following apply:
(A) The Class III bikeway or marking is on a highway with a design speed limit of 25 miles per hour or less.
(B) The project will implement improvements to reduce the design speed limit to 25 miles per hour or less.
(C) The project applicant demonstrates that the use of the Class III bikeway or marking is appropriate for the local community context and advances a lower stress environment or a low-stress network.
(2) Secure bicycle parking at employment centers, park and ride lots, rail and transit stations, and ferry docks and landings.
(3) Bicycle-carrying facilities on public transit, including rail and ferries.
(4) Installation of traffic control devices to improve the safety of pedestrians and bicyclists.
(5) Elimination of hazardous conditions on existing bikeways and walkways.
(6) Maintenance of bikeways and walkways.
(7) Recreational trails and trailheads, park projects that facilitate trail linkages or connectivity to nonmotorized corridors, and conversion of abandoned railroad corridors to trails.
(8) Safe Routes to School projects that improve the safety of children walking and bicycling to school, in accordance with Section 1404 of Public Law 109-59.
(9) Safe routes to transit projects, which will encourage transit by improving biking and walking routes to mass transportation facilities and schoolbus stops.
(10) Educational programs to increase biking and walking, and other noninfrastructure investments that demonstrate effectiveness in increasing active transportation.
(g) In developing the guidelines with regard to project selection, the commission shall include, but need not be limited to, the following criteria:
(1) Demonstrated needs of the applicant.
(2) Potential for reducing pedestrian and bicyclist injuries and fatalities.
(3) Potential for encouraging increased walking and bicycling, especially among students.
(4) Identification of safety hazards for pedestrians and bicyclists.
(5) Identification of walking and bicycling routes to and from schools, transit facilities, and community centers.
(6) Identification of the local public participation process that culminated in the project proposal, which may include noticed public meetings and consultation with local stakeholders.
(7) Benefit to disadvantaged communities. In developing guidelines relative to this paragraph, the commission shall consider, but need not be limited to, the definition of disadvantaged communities as applied pursuant to subdivision (c).
(8) Cost-effectiveness, defined as maximizing the impact of the funds provided.
(9) The adoption by a city or county applicant of a bicycle transportation plan, pursuant to Section 891.2, a pedestrian plan, a safe routes to school plan, or an overall active transportation plan.
(10) Use of the California Conservation Corps or a qualified community conservation corps, as defined in Section 14507.5 of the Public Resources Code, as partners to undertake or construct applicable projects in accordance with Section 1524 of Public Law 112-141.
(11) Other factors, such as potential for reducing congestion, improving air quality, reducing greenhouse gas emissions, and increasing and improving connectivity and mobility of nonmotorized users. On and after January 1, 2026, increasing or improving connectivity of nonmotorized users shall not include the addition of a bikeway connecting to a Class III bikeway, as described in Section 890.4, or the marking in Figure 9C-9 of the 2014 California Manual on Uniform Traffic Control Devices, Revision 8, unless the bikeway or marking is on a highway with a design speed limit of 25 miles per hour or less or the project will implement improvements to reduce the design speed limit to 25 miles per hour or less.
(h) For the use of federal Transportation Alternative Program funds, or other federal funds, commission guidelines shall meet all applicable federal requirements.
(i) For the use of federal Highway Safety Improvement Program funds for active transportation projects specific to reducing fatalities and serious injuries, the criteria for the selection of projects shall be based on a data-driven process that is aligned with the state’s Strategic Highway Safety Plan.
(j) The guidelines may include incentives intended to maximize the potential for attracting funds other than program funds for eligible projects.
(k) In reviewing and selecting projects funded by federal funds in the Recreational Trails Program, the commission shall collaborate with the Department of Parks and Recreation to evaluate proposed projects, and to ensure federal requirements are met.
(l) To ensure that regional agencies charged with allocating funds to projects pursuant to paragraph (1) of subdivision (a) of Section 2381 have sufficient discretion to develop regional guidelines, the commission may adopt separate guidelines for the state and for the regional agencies relative to subdivision (g).
(m) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 3.
Section 2382 is added to the Streets and Highways Code, to read:
2382.
(a) The California Transportation Commission shall develop guidelines and project selection criteria for the Active Transportation Program in consultation with the Active Transportation Program Workgroup, which shall be formed for purposes of providing guidance on matters, including, but not limited to, development of and subsequent revisions to program guidelines, schedules and procedures, project selection criteria, performance measures, and program evaluation. The workgroup shall include, but not be limited to, representatives of governmental agencies and active transportation stakeholder organizations with expertise in pedestrian and bicycle issues, including Safe Routes to School programs.
(b) The guidelines shall be the complete and full statement of the policies and criteria that the commission intends to use in selecting projects to be included in the program. The guidelines shall address subjects that include, but are not limited to, project eligibility, application timelines, application rating and ranking criteria, project monitoring, reporting, and transparency, and project performance measurement.
(c) The guidelines shall include a process to ensure that no less than 25 percent of overall program funds benefit disadvantaged communities during each program cycle. The guidelines shall establish a program definition for disadvantaged communities that may include, but need not be limited to, the definition in Section 39711 of the Health and Safety Code and the definition of low-income schools in paragraph (7) of subdivision (b) of former Section 2333.5, as that section read on January 1, 2013. A project eligible under this subdivision shall clearly demonstrate a benefit to a disadvantaged community or be directly located in a disadvantaged community.
(d) The guidelines shall allow streamlining of project delivery by authorizing an implementing agency to seek commission approval of a letter of no prejudice that will allow the agency to expend its own funds for a project programmed in a future year of the adopted program of projects, in advance of allocation of funds to the project by the commission, and to be reimbursed at a later time for eligible expenditures.
(e) The California Transportation Commission shall adopt the guidelines and selection criteria for, and define the types of projects eligible to be funded through, the program following at least two public hearings. Projects funded in this program shall be limited to active transportation projects. The guidelines shall ensure that eligible projects meet one or more of the goals set forth in Section 2380 and may give increased weight to projects meeting multiple goals.
(f) In developing the guidelines with regard to project eligibility, the commission shall include, but need not be limited to, the following project types:
(1) Development of new bikeways and walkways, or improvements to existing bikeways and walkways, that improve mobility, access, or safety for nonmotorized users. On and after January 1, 2026, the guidelines with regard to project eligibility shall not include the development of Class III bikeways, as described in Section 890.4, or the marking in Figure 9C-9 of the 2014 California Manual on Uniform Traffic Control Devices, Revision 8, unless any of the following apply:
(A) The Class III bikeway or marking is on a highway with a design speed limit of 25 miles per hour or less.
(B) The project will implement improvements to reduce the design speed limit to 25 miles per hour or less.
(C) The project applicant demonstrates that the use of the Class III bikeway or marking is appropriate for the local community context and advances a lower stress environment or a low-stress network.
(2) Secure bicycle parking at employment centers, park and ride lots, rail and transit stations, and ferry docks and landings.
(3) Bicycle-carrying facilities on public transit, including rail and ferries.
(4) Installation of traffic control devices to improve the safety of pedestrians and bicyclists.
(5) Elimination of hazardous conditions on existing bikeways and walkways.
(6) Maintenance of bikeways and walkways.
(7) Recreational trails and trailheads, park projects that facilitate trail linkages or connectivity to nonmotorized corridors, and conversion of abandoned railroad corridors to trails.
(8) Safe Routes to School projects that improve the safety of children walking and bicycling to school, in accordance with Section 1404 of Public Law 109-59.
(9) Safe routes to transit projects that encourage access to transit facilities and schoolbus stops by biking and walking, including, but not limited to, transit station areas, planned transit or schoolbus stops, transit corridors, transit-oriented development planning areas, and projects that will expand access to transit in underserved or rural areas.
(10) Educational programs to increase biking and walking, and other noninfrastructure investments that demonstrate effectiveness in increasing active transportation.
(g) In developing the guidelines with regard to project selection, the commission shall include, but need not be limited to, the following criteria:
(1) Demonstrated needs of the applicant.
(2) Potential for reducing pedestrian and bicyclist injuries and fatalities.
(3) Potential for encouraging increased walking and bicycling, especially among students.
(4) Identification of safety hazards for pedestrians and bicyclists.
(5) Identification of walking and bicycling routes to and from community centers, schools, transit stops, stations, and other transit facilities, including the potential for encouraging increased access to public transit.
(6) Identification of the local public participation process that culminated in the project proposal, which may include noticed public meetings and consultation with local stakeholders.
(7) Benefit to disadvantaged communities. In developing guidelines relative to this paragraph, the commission shall consider, but need not be limited to, the definition of disadvantaged communities as applied pursuant to subdivision (c).
(8) Cost-effectiveness, defined as maximizing the impact of the funds provided.
(9) The adoption by a city or county applicant of a bicycle transportation plan, pursuant to Section 891.2, a pedestrian plan, a safe routes to school plan, or an overall active transportation plan.
(10) Use of the California Conservation Corps or a qualified community conservation corps, as defined in Section 14507.5 of the Public Resources Code, as partners to undertake or construct applicable projects in accordance with Section 1524 of Public Law 112-141.
(11) Other factors, such as potential for reducing congestion, improving air quality, reducing greenhouse gas emissions, and increasing and improving connectivity and mobility of nonmotorized users. On and after January 1, 2026, increasing or improving connectivity of nonmotorized users shall not include the addition of a bikeway connecting to a Class III bikeway, as described in Section 890.4, or the marking in Figure 9C-9 of the 2014 California Manual on Uniform Traffic Control Devices, Revision 8, unless the bikeway or marking is on a highway with a design speed limit of 25 miles per hour or less or the project will implement improvements to reduce the design speed limit to 25 miles per hour or less.
(12)Recommendations to maximize commitments of state transportation improvement program funds to projects funded by the program in order to scale funding for larger or network-level active transportation improvements.
(h) For the use of federal Transportation Alternatives Program funds, or other federal funds, commission guidelines shall meet all applicable federal requirements.
(i) For the use of federal Highway Safety Improvement Program funds for active transportation projects specific to reducing fatalities and serious injuries, the criteria for the selection of projects shall be based on a data-driven process that is aligned with the state’s Strategic Highway Safety Plan.
(j) The guidelines shall include incentives intended to maximize the potential for attracting funds other than program funds for eligible projects. projects in order to scale funding for larger or network-level active transportation improvements.
(k) The guidelines shall include a progressive range of penalties that range from a deduction of points to disqualification for an applicant that failed to use previously received program funds in a timely manner. In doing so, the commission shall consider factors that are not under the control of an applicant. applicant, which, at the discretion of the commission, may result in the imposition of no penalty or a delayed penalty.
(l) The guidelines shall include a requirement that an applicant consult with the executive officer of a transit agency operating in a project corridor if the project will be adjacent to an existing bus, shuttle, or paratransit route. The consultation should provide project information, expected impact on the transit route, and a statement that the applicant will continue consulting with the transit agency should the grant be awarded.
(l)
(m) In reviewing and selecting projects funded by federal funds in the Recreational Trails Program, the commission shall collaborate with the Department of Parks and Recreation to evaluate proposed projects, and to ensure federal requirements are met.
(m)
(n) To ensure that regional agencies charged with allocating funds to projects pursuant to paragraph (1) of subdivision (a) of Section 2381 have sufficient discretion to develop regional guidelines, the commission may adopt separate guidelines for the state and for the regional agencies relative to subdivision (g).
(n)
(o) This section shall become operative on January 1, 2028.