SF 2130 (LSB 5689SS (3) 86)

SENATE FILE 2130

BY  HOGG

A BILL FOR

An Act establishing a safe routes to school program and fund.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  306E.1  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Demonstrated high-need area” means either of the following:
   a.  An area encompassing one or more school districts in which at least fifty percent of the children are eligible to receive free or reduced price meals under the federal National School Lunch Act and the federal Child Nutrition Act of 1966, 42 U.S.C. §§1751-1785, as amended.
   b.  A census tract in which the median household income is less than eighty percent of the statewide average median based on the most current census tract level data from the United States census bureau’s American community survey.
   2.  “Department” means the department of transportation.
   3.  “Safe routes to school project” or “project” means either or both of the following:
   a.  An infrastructure project, including a planning or engineering project, which is located within two miles of a school and supports bicycling and walking to the school, such as sidewalk improvements, speed reduction improvements, pedestrian and bicycle crossing improvements, on-street bicycle facilities, off-street bicycle and pedestrian facilities, secure bicycle parking facilities, and traffic diversion or calming improvements. 
   b.  A noninfrastructure project designed to encourage children to walk and bicycle to school, including public awareness campaigns and outreach to press and community leaders; traffic education and enforcement in the vicinity of a school; student education sessions on bicycle and pedestrian safety, health, and environment; and training for volunteers and managers.
    Sec. 2.  NEW SECTION.  306E.2  Safe routes to school program.
   1.  Program established.  The department shall establish and administer a safe routes to school program to increase safety and convenience for school children walking or bicycling, to encourage school children to walk or bicycle to school, and to support safe routes to school projects in Iowa’s communities. The goals of the program are to improve the public health and safety of children and communities by supporting and funding safe routes to school projects intended to reduce childhood obesity, and to reduce student injuries and fatalities resulting from automobile collisions on routes to and from school.
   2.  Program staffing.  The department shall dedicate at least one-half of one of the department’s authorized full-time equivalent positions to maintain a coordinator for the safe routes to school program.
   3.  Responsibilities.  The department shall do all of the following:
   a.  Provide outreach, education, and technical and application assistance relating to the program to local communities and schools.
   b.  Develop a plan, in cooperation with the departments of education and public health, for implementation of the program for students and schools throughout the state. Priority shall be given to providing technical assistance, resources, and funding to projects located in demonstrated high-need areas. The department shall provide demonstrated high-need areas with preapplication assistance as needed, including but not limited to application preparation assistance, planning grants, and engineering consultation services. The department shall identify and take every reasonable measure to reduce barriers to the success of any safe routes to school project located in a designated high-need area.
   c.  Ensure the timely award and obligation of funds to safe routes to school projects eligible for funding under this chapter, the federal Fixing America’s Surface Transportation Act, Pub. L. No. 114-94, and the federal safe routes to school program under the federal Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, Pub. L. No. 109-59, §1404.
   d.  Develop and periodically revise guidelines for administration of the safe routes to school program, including but not limited to a clear application process, project selection criteria, application and project schedules and procedures, project performance measures, student travel data collection procedures, and program evaluation measures and procedures.
   e.  Annually, award not less than ten percent, nor more than thirty percent, of the moneys deposited in the safe routes to school fund established in section 306E.3 for safe routes to school projects in accordance with this chapter.
   f.  Deposit in the safe routes to school fund established under section 306E.3 not less than eighteen percent of the moneys received by the department under the federal surface transportation block grant program of the federal Fixing America’s Surface Transportation Act, Pub. L. No. 114-94, §1109.
    Sec. 3.  NEW SECTION.  306E.3  Safe routes to school fund.
   A safe routes to school fund is established as a separate fund in the state treasury under the authority of the department. The fund shall consist of moneys available to and obtained or accepted by the department for purposes of the safe routes to school program as established under this chapter. The moneys in the fund are appropriated to the department for purposes of the safe routes to school program. Moneys in the fund shall not be subject to appropriation for any other purpose by the general assembly, but shall be used only for the purposes of the safe routes to school program. Notwithstanding section 8.33, moneys in the fund that remain unencumbered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys deposited in the fund shall be credited to the fund.
    Sec. 4.  NEW SECTION.  306E.4  Rule of construction.
   Nothing in this chapter shall be construed to limit, restrict, or otherwise discourage the allocation of federal or nonstate grants, gifts, or contracts for purposes of the safe routes to school program or safe routes to school projects.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill establishes the safe routes to school program to be administered by the department of transportation, and establishes a safe routes to school fund in the state treasury under the authority of the department.
   The program is established to increase safety and convenience for school children walking or bicycling, to encourage school children to walk or bicycle to school, and to support safe routes to school projects in Iowa’s communities. The goals of the program are to improve the public health and safety of children and communities by supporting and funding projects intended to reduce childhood obesity and to reduce student injuries and fatalities resulting from automobile collisions on school routes.
   The department is to maintain a coordinator for the program, and to provide outreach, education, and technical and application assistance to local communities and schools; develop a plan, in cooperation with the departments of education and public health, for implementation of the program; ensure the timely award and obligation of funds to safe routes to school projects; develop and periodically revise program guidelines; annually award 10 to 30 percent of the moneys in the fund for projects; and deposit in the fund at least 18 percent of the moneys received by the department under the federal surface transportation block grant program of the federal Fixing America’s Surface Transportation Act.
   Priority shall be given to providing technical assistance, resources, and funding to projects located in demonstrated high-need areas, including application preparation assistance, planning grants, and engineering consultation services. The department must identify and take every reasonable measure to reduce barriers to the success of any project located in a designated high-need area.
   The bill defines “demonstrated high-need area” to mean either an area encompassing one or more school districts in which at least 50 percent of the children are eligible to receive free or reduced price meals under federal law, or a census tract in which the median household income is less than 80 percent of the statewide average median.
   A “safe routes to school project” includes either an infrastructure project or a noninfrastructure project, or both. An infrastructure project may include a planning or engineering project, and is a project located within two miles of a school that supports bicycling and walking to the school, such as sidewalk improvements, speed reduction improvements, pedestrian and bicycle crossing improvements, on-street bicycle facilities, off-street bicycle and pedestrian facilities, secure bicycle parking facilities, and traffic diversion or calming improvements. 
   A noninfrastructure project is a project designed to encourage children to walk and bicycle to school, including public awareness campaigns and outreach to press and community leaders; traffic education and enforcement in the vicinity of a school; student education sessions on bicycle and pedestrian safety, health, and environment; and training for volunteers and managers.
   The fund consists of moneys available to and obtained or accepted by the department of transportation for the program, and the moneys in the fund are appropriated to the department for the program.
   Nothing in the bill shall be construed to limit, restrict, or otherwise discourage the allocation of federal or nonstate grants, gifts, or contracts for purposes of the safe routes to school program or safe routes to school projects.