Date: June 26, 2013
W.I.: 1514
Referred By: PAC
Revised: 02/24/16-C
12/16/20-C
ABSTRACT
Resolution No. 4108, Revised
This resolution establishes policies and procedures for the submission of claims for Article 3 funding for pedestrian and bicycle facilities as required by the Transportation Development Act in Public Utilities Code (PUC) Section 99401.(a). Funding for pedestrian and bicycle projects is established by PUC Section 99233.3.
This resolution supersedes MTC Resolution No. 875, Revised commencing with the FY2014-15 funding cycle.
This resolution was revised on February 24, 2016 to make pedestrian safety education projects eligible for funding, in accordance with recent state law changes.
This resolution was revised on December 16, 2020 to add quick builds and separated bikeways as eligible project types and make other minor updates.
Further discussion of these procedures and criteria are contained in the Programming and Allocations Summary Sheet dated June 12, 2013 February 10, 2016, and December 9, 2020.
Attachment 2
Attachment 2
Date: W.I.:
Referred
By:
June
26,
2013
1514 PAC
RE:
Transportation
Development
Act,
Article
3. Pedestrian
and
Bicycle
Projects.
METROPOLITAN
TRANSPORTATION
COMMISSION
RESOLUTION
NO.
4108
WHEREAS,
the
Transportation
Development
Act
(TDA),
Public
Utilities
Code
(PUC)
Section
99200
et
seq.,
requires
the
Transportation
Planning
Agency
to
adopt
rules
and
regulations
delineating
procedures
for
the
submission
of
claims
for
funding
for
pedestrian
and
bicycle
facilities
(Article
3,
PUC
Section
99233.3);
state
criteria
by
which
the
claims
will
be
analyzed
and
evaluated
(PUC
Section
99401(a);
and
to
prepare
a priority
list
for
funding
the
construction
of
pedestrian
and
bicycle
facilities
(PUC
Section
99234(b));
and
WHEREAS,
the
Metropolitan
Transportation
Commission
(MTC),
as
the
Transportation
Planning
Agency
for
the
San
Francisco
Bay
Region,
adopted
MTC
Resolution
No.
875
entitled
"Transportation
Development
Act,
Article
3,
Pedestrian/Bicycle
Projects",
that
delineates
procedures
and
criteria
for
submission
of
claims
for
Article
3 funding
for
pedestrian
and
bicycle
facilities;
and
WHEREAS,
MTC
desires
to
update
these
procedures
and
criteria
commencing
with
the
FY2014-15
funding
cycle,
now
therefore
be
it
RESOLVED,
that
MTC
adopts
its
policies
and
procedures
for
TDA
funding
for
pedestrian
and
bicycle
facilities
described
in
Attachment
A ;
and
be
it
further
RESOLVED,
that
the
prior
policy
governing
allocation
of
funds
contained
in
Resolution
No.
875
is
superseded
by
this
resolution,
effective
with
the
FY
2014-15
funding
cycle.
METRO
POLIT
AN
TRANSPORTATION
COMMISSION
~
R'°111
1 !lib~
Amy
Rein
W~
Chair
The
above
resolution
was
approved
by
the
Metropolitan
Transportation Commission
at
a regular
meeting
of
the
Commission
held
in
Oakland,
California,
on
June
26,
2013.
Date: June 26, 2013
W.I.: 1514
Referred By: PAC
Revised: 02/24/16-C 12/16/20-C
Attachment A
Resolution No. 4108
TRANSPORTATION DEVELOPMENT ACT, ARTICLE 3,
PEDESTRIAN/BICYCLE PROJECTS
Policies and Procedures
Eligible Claimants
The Transportation Development Act (TDA), Public Utilities Code Sections 99233.3 and 99234, makes funds available in the nine-county Metropolitan Transportation Commission (MTC) Region for the exclusive use of pedestrian and bicycle projects. MTC makes annual allocations of TDA Article 3 funds to eligible claimants after review of applications submitted by county coordinator which may be the county, County Transportation Agency (CTA) or Congestion Management Agency (CMA) of the county.
All cities and counties in the nine counties in the MTC region are eligible to claim funds under TDA Article 3. Joint powers agencies composed of cities and/or counties are also eligible provided their JPA agreement allows it to claim TDA funds.
Application
1. The county coordinator will be responsible for developing a program of projects not more than annually, which they initiate by contacting the county and all cities and joint powers agencies within their jurisdiction and encouraging submission of project applications.
2. Claimants will send one or more copies of project applications to the county coordinator (see "Priority Setting" below).
3. A project is eligible for funding if:
a. The project sponsor submits a resolution of its governing board that addresses the following six points:
1. There are no legal impediments regarding the project.
2. Jurisdictional or agency staffing resources are adequate to complete the project.
3. There is no pending or threatened litigation that might adversely affect the project or the ability of the project sponsor to carry out the project.
4. Environmental and right-of-way issues have been reviewed and found to be in such a state that fund obligation deadlines will not be jeopardized.
5. Adequate local funding is available to complete the project.
Attachment 2
Attachment A
Resolution No. 4108
6. The project has been conceptually reviewed to the point that all contingent issues have been considered.
b. The funding requested is for one or more of the following purposes:
1. Construction and/or engineering of a bicycle or pedestrian capital or quick build projects.
2. Maintenance of a Class I shared-use path and Class IV separated bikeways.
3. Bicycle and/or pedestrian safety education program (no more than 5% of county total).
4. Development of a comprehensive bicycle or pedestrian facilities plans (allocations to a claimant for this purpose may not be made more than once every five years).
5. Restriping Class II bicycle lanes and buffered bicycle lanes.
Refer to Appendix A for examples of eligible projects.
c. The claimant is eligible to claim TDA Article 3 funds under Sections 99233.3 or 99234 of the Public Utilities Code.
d. If it is a Class I, II, III, or IV bikeway project, it must meet the mandatory minimum safety design criteria published in
Chapter 1000 of the California Highway Design
Manual (Available via Caltrans website); or if it is a pedestrian facility, it must meet the mandatory minimum safety design criteria published in Chapter 100 of the California Highway Design Manual. Funds may not be used for Class III projects on arterials or streets with posted speed limits above 25 mph.
e. The project is ready to implement and can be completed within the three- year eligibility period.
f. If the project includes construction, that it meets the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.) and project sponsor submits an environmental document that has been stamped by the County Clerk within the past three years.
g. A jurisdiction agrees to maintain the facility. If the project is a quick build project, the jurisdiction agrees to maintain the project until permanent improvements are implemented. If the project is removed before such time, justification shall be provided to MTC.
h. The project is included in a locally approved bicycle, pedestrian, transit, multimodal, complete streets, or other relevant plan.
Attachment 2
Attachment A
Resolution No. 4108
Priority Setting
1. The county coordinator shall create a process for establishing project priorities in order to prepare an annual list of projects being recommended for funding.
2. Each county and city is required to have a Bicycle and Pedestrian Advisory Committee (BPAC) or equivalent body review and prioritize TDA Article 3 bicycle and pedestrian projects and to participate in the development and review of comprehensive bicycle pedestrian, or active transportation plans. BPACs should be composed of both bicyclists and pedestrians.
A city BPAC shall be composed of at least 3 members who live or work in the city. More members may be added as desired. They will be appointed by the City Council. The City or Town Manager will designate staff to provide administrative and technical support to the Committee.
An agency can apply to MTC for exemption from the city BPAC requirement if they can demonstrate that the countywide BPAC provides for expanded city representation.
A countywide BPAC shall be composed of at least 5 members who live or work in the county. More members may be added as desired. The countywide agency will appoint BPAC members. The county or congestion management agency executive/administrator will designate staff to provide administration and technical support to the Committee.
3. All proposed projects shall be submitted to the county coordinator for evaluation/prioritization. Consistent with the county process, the Board of the county coordinator will adopt the countywide list and forward it to MTC for approval.
4. The county coordinator will forward to MTC a copy of the following:
a) Applications for the recommended projects, including a governing body resolution, stamped environmental document, and map for each, as well as a cover letter stating the total amount of money being claimed; and confirmation that each project meets Caltrans’ minimum safety design criteria and can be completed before the allocation expires.
b) The complete priority list of projects with an electronic version to facilitate grant processing.
c) A resolution of the county coordinator approving the priority list and authorizing the claim.
Attachment 2
Attachment A
Resolution No. 4108
MTC Staff Evaluation
MTC Staff will review the list of projects submitted by each county. If a recommended project is eligible for funding, falls within the overall TDA Article 3 fund estimate level for that county, and has a completed application, staff will recommend that funds be allocated to the project.
Allocation
The Commission will approve the allocation of funds for the recommended projects. The County Auditor will be notified by allocation instructions to reserve funds for the approved projects. Claimants will be sent copies of the allocation instructions and funds should be invoiced in accordance with the “Disbursement” section below.
Eligible Expenditures
Eligible expenditures may be incurred from the start of the fiscal year of award plus two additional fiscal years. Allocations expire at the end of third fiscal year following allocation.
For example, if funds are allocated to a project in October 2021, a claimant may be reimbursed for eligible expenses that were incurred on or after July 1, 2021. The allocation expires on June 30, 2024 and all eligible expenses must be incurred before this date. All disbursement requests should be submitted by August 31, 2024.
Disbursement
1. The claimant shall submit to MTC the following, no later than two months after the grant expiration date:
a) A copy of the allocation instructions along with a dated cover letter referring to the project by name, dollar amount and allocation instruction number and the request for a disbursement of funds;
b) Documents showing that costs have been incurred during the period of time covered by the allocation.
c) With the final invoice, the claimant shall submit a one paragraph summary of work completed with the allocated funds. This information may be included in the cover letter identified in bullet “a” above and is required before final disbursement is made.
Reimbursement requests should be emailed to [email protected] .
2. MTC will approve the disbursement and, if the disbursement request was received in a timely fashion and the allocation instruction has not expired, been totally drawn down nor been rescinded, issue an authorization to the County Auditor to disburse funds to the claimant.
Attachment 2
Attachment A
Resolution No. 4108
Rescissions and Expired Allocations
Funds will be allocated to claimants for specific projects, so transfers of funds to other projects sponsored by the same claimant may not be made. If a claimant has to abandon a project or cannot complete it within the time allowed, it should ask the county or congestion management agency to request that MTC rescind the allocation. Rescission requests may be submitted to and acted upon by MTC at any time during the year. Rescinded funds will be returned to the county’s apportionment.
Allocations that expire without being fully disbursed will be disencumbered in the fiscal year following expiration. The funds will be returned to county’s apportionment and will be available for allocation.
Fiscal Audit
All claimants that have received a disbursement of TDA funds are required to submit an annual certified fiscal and compliance audit for that fiscal year to MTC and to the Secretary of Business and Transportation Agency within 180 days after the close of the fiscal year, in accordance with PUC Section 99245. Article 3 applicants need not file a fiscal audit if TDA funds were not disbursed (that is, reimbursed by MTC) during a given fiscal year. Reimbursement may cover eligible expenditures from a previous fiscal year. Failure to submit the required audit for any TDA article will preclude MTC from making a new Article 3 allocation. For example, a delinquent Article 4.5 fiscal audit will delay any other TDA allocation to the city/county with an outstanding audit. Until the audit requirement is met, no new Article 3 allocations will be made.
TDA Article 3 funds may be used to pay for the fiscal audit required for this funding.
Attachment 2
Attachment A
Resolution No. 4108
Appendix A: Examples of Eligible Projects
Below are some examples of eligible projects. If you have questions about whether a proposed project is eligible for funding, please contact the MTC Program Coordinator.
1. Projects that eliminate or improve an identified problem area (specific safety hazards such as high-traffic narrow roadways or barriers to travel) on routes that would otherwise provide relatively safe and direct bicycle or pedestrian travel use. For example, restriping or parking removal to provide space for bicycles; a bicycle/pedestrian bridge across a stream or railroad tracks on an otherwise useful route; a segment of multi-purpose path to divert young bicyclists from a high traffic arterial; a multi-purpose path to provide safe access to a school or other activity center; replacement of substandard grates or culverts; adjustment of traffic-actuated signals to make them bicycle sensitive. Projects based on NACTO (National Association of City Transportation Officials) guidance or similar best practices guidance.
2. Roadway improvements or construction of a continuous interconnected route to provide reasonably direct access to activity centers (employment, educational, cultural, recreational) where access did not previously exist or was hazardous. For example, development of multi-purpose paths on continuous rights-of-way with few intersections (such as abandoned railroad rights-of-way) which lead to activity centers; an appropriate combination of shared-use paths (Class I), bike lanes (Class II), Class III, or separated bikeways (Class IV)
3. Secure bicycle parking facilities, especially in high use activity areas, at transit terminals, and at park-and-ride lots. Desirable facilities include lockers, sheltered and guarded check- in areas; self-locking sheltered racks that eliminate the need to carry a chain and racks that accept U-shaped locks.
4. Other provisions that facilitate bicycle/transit trips and walk/transit. For example, bike racks on buses, paratransit/trailer combinations, and bicycle loan or check-in facilities at transit terminals, bus stop improvements, wayfinding signage.
5. Maintenance of multiple purpose pathways that are closed to motorized traffic or for the purposes of restriping Class II bicycle lanes (provided that the total amount for Class II bicycle lane restriping does not exceed twenty percent of the county’s total TDA Article 3 allocation).
6. Funds may be used for construction and plans, specification, and estimates (PS&E) phases of work. Funds may be used for quick build projects. Quick build projects are interim capital improvements that are built with durable, low to moderate cost material to immediately address pedestrian and bicycle needs until capital upgrades are possible.
Project level environmental, planning, and right-of-way phases are not eligible uses of funds.
Attachment 2
Attachment A
Resolution No. 4108
7. Projects that enhance or encourage bicycle or pedestrian commutes, including Safe Routes to Schools projects.
8. Projects that address bicycle and pedestrian safety such as those in the Local Roadway
Safety Manual. Intersection safety improvements including protected intersections, bulb- outs/curb extensions, transit stop extensions, installation of pedestrian countdown or accessible pedestrian signals, or pedestrian signal timing adjustments. Striping high- visibility crosswalks or advanced stop-back lines, where warranted.
9. Purchase and installation of pedestrian traffic control devices, such as High- intensity Activated crossWalK (HAWK) beacons, rectangular rapid flashing beacons (RRFB), or pedestrian safety “refuge” islands, where warranted.
10. The project may be part of a larger roadway improvement project as long as the funds are used only for the bicycle and/or pedestrian component of the larger project.
11. Bicycle and Pedestrian Safety Education Programs. Up to five percent of a county's Article 3 fund may be expended to supplement monies from other sources to fund public bicycle and pedestrian safety education programs and staffing.
12. Comprehensive Bicycle and Pedestrian Facilities Plan. Funds may be allocated for these plans (emphasis should be for accommodation of bicycle and walking commuters rather than recreational uses). A city or county may not receive allocations for these plans more than once every five years. Environmental documentation and approval necessary for plan adoption is an eligible expense.
Attachment 2