This chapter may be cited as the Transportation Economic Stimulus Act of 2009.
Chapter 9.5Federal Transportation Economic Stimulus Funds
Section § 2420
This law section states that you can refer to this chapter as the Transportation Economic Stimulus Act of 2009.
Transportation Economic Stimulus 2009 economic stimulus transportation funding infrastructure projects transportation development economic growth transportation investment California transportation 2009 initiative infrastructure improvement law citation transportation policy
Section § 2421
This law is about making efficient use of federal funds from the American Recovery and Reinvestment Act of 2009 for California's transportation projects. The state must act quickly to use these funds for highways and transportation improvements. The focus is on repairing and upgrading existing infrastructure, ensuring projects create jobs and stimulate the economy. There is an emphasis on environmental sustainability, structural integrity, and efficient mobility. The law also stresses responsible spending, avoiding unnecessary costs, and adhering to fair contracting practices, all for the benefit of California taxpayers.
The Legislature finds and declares all of the following:
(a)CA Streets and Highways Code § 2421(a) Congress has enacted the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), which provides in part for supplemental federal funding to the states for purposes of the federal-aid highway program.
(b)CA Streets and Highways Code § 2421(b) It is in the interest of the state to ensure that the highway infrastructure investment funds apportioned to the state under the federal act are fully obligated within the constraints of that act.
(c)CA Streets and Highways Code § 2421(c) It is the intent of the Legislature that the department, in consultation with the commission, regional transportation planning agencies, counties, and cities, shall have sufficient authority to make full and expeditious use of federal funds apportioned to the state for economic stimulus.
(d)CA Streets and Highways Code § 2421(d) It is the intent of the Legislature that, to the extent allowable under the federal act, priority be given to the use of stimulus funds available for expenditure by the Department of Transportation for projects that repair or rehabilitate the existing transportation system and to advance funds for projects under the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006 that have been delayed or are in jeopardy of being canceled due to the state’s inability to issue general obligation bonds in the short term. In the programming of these funds, consideration shall be given to activities that put Californians to work and provide needed economic stimulus throughout the state.
(e)CA Streets and Highways Code § 2421(e) It is the intent of the Legislature that highway infrastructure investment funds made available under the American Recovery and Reinvestment Act of 2009 are used to contribute to a transportation system that is in sound structural condition, accommodates all users, is environmentally sustainable, and allows for the efficient mobility of goods and people.
(f)CA Streets and Highways Code § 2421(f) It is the intent of the Legislature that the deadlines for obligating and liquidating funds established by the American Recovery and Reinvestment Act of 2009 apply to all federal funds appropriated by this chapter.
(g)CA Streets and Highways Code § 2421(g) It is the intent of the Legislature that the recipients of highway infrastructure investment funds made available under the federal act, including state, regional, and local agencies, shall adhere to principles and policies that ensure government oversight and management of the contracting process to ensure taxpayer funds are spent wisely; contracts are not wasteful, inefficient, or subject to misuse; unnecessary no-bid and cost-plus contracts are avoided; and contracts are awarded according to the best interests of California taxpayers.
(h)CA Streets and Highways Code § 2421(h) As used in this chapter, “federal act” shall mean the American Recovery and Reinvestment Act of 2009.
American Recovery and Reinvestment Act federal funding highway infrastructure investment transportation projects economic stimulus federal-aid highway program repair and rehabilitation Highway Safety Bond Act 2006 job creation environmental sustainability government oversight contracting process efficient mobility California infrastructure taxpayer funds accountability
Section § 2422
This section allocates over $2.5 billion to California's Department of Transportation for highway projects funded by the American Recovery and Reinvestment Act of 2009. These funds must be used according to federal timelines and requirements. The state legislature intends for flexibility in managing the funds to successfully implement the projects. The Department of Finance is given the authority to organize and adjust the use of this money as needed, and they must report on funding schedules to legislative committees within 90 days. Any schedule changes require a 30-day notice to these committees.
(a)CA Streets and Highways Code § 2422(a) Notwithstanding any other provision of law, the Legislature hereby appropriates to the department the sum of two billion five hundred sixty-nine million five hundred sixty-eight thousand three hundred twenty dollars ($2,569,568,320), and any additional funds, made available to the state as highway infrastructure investment funds pursuant to Title XII of Division A of the American Recovery and Reinvestment Act of 2009 and apportioned to the state pursuant to Title 23 of the United States Code to carry out projects eligible under that act and in accordance with this chapter.
(b)CA Streets and Highways Code § 2422(b) The funds appropriated by this section shall be available for obligation and expenditure by the dates specified in the federal requirements implementing the federal act.
(c)CA Streets and Highways Code § 2422(c) It is the intent of the Legislature to allow for such flexibility as is necessary to permit the successful implementation of the appropriations made by this section. The Legislature hereby authorizes the Department of Finance to appropriately itemize and schedule these appropriations, or to make adjustments as are necessary, in order to successfully carry out the intent of the federal act.
(d)CA Streets and Highways Code § 2422(d) The Director of Finance shall, within 90 days after the enactment of this chapter, furnish the chairpersons of the committees in each house of the Legislature that consider appropriations and the state budget, and the Chairperson of the Joint Legislative Budget Committee, with a report that describes the schedule of funding. The Director of Finance shall provide notification to the Legislature of any changes in that schedule 30 days prior to any change taking effect.
highway infrastructure investment American Recovery and Reinvestment Act 2009 Title XII Title 23 Department of Transportation federal requirements fund allocation Department of Finance project eligibility appropriations schedule state budget committees funding flexibility transportation projects obligation deadlines reporting requirements
Section § 2423
This section outlines how California will use federal highway funds from the American Recovery and Reinvestment Act of 2009. The funds are split, with 37.5% going to the state and 62.5% to local and regional agencies. A significant portion, at least $935 million, must support state highway programs, with some funds possibly loaned to advance specific projects. Additionally, 3% of funding is earmarked for transportation enhancements without state improvement program requirements.
Projects that partner with conservation corps are prioritized, followed by those benefiting pedestrians and cyclists. It's intended that 40% of regional funds be available for city or county projects, and unused funds are reallocated. Agencies must report on fund usage to ensure timely obligation, with unused authority redistributed. These funds can't be swapped for non-federal funds, and public involvement in projects is mandatory.
(a)CA Streets and Highways Code § 2423(a) The federal highway infrastructure investment funds made available to the state under the formula apportionments of the American Recovery and Reinvestment Act of 2009 shall be considered part of the surface transportation program as set forth in paragraphs (3) and (4) of subdivision (d) of Section 133 of Title 23 of the United States Code. These formula funds shall be apportioned 37.5 percent for expenditure by the state to be programmed by the department and allocated by the commission, and 62.5 percent to the metropolitan planning organizations, county transportation commissions, and regional transportation planning agencies in accordance with subdivisions (b) and (c) of Section 182.6.
(b)Copy CA Streets and Highways Code § 2423(b)
(1)Copy CA Streets and Highways Code § 2423(b)(1) Funds available to be programmed by the department pursuant to subdivision (a) shall be programmed for eligible projects consistent with the federal act and this chapter.
(2)Copy CA Streets and Highways Code § 2423(b)(2)
(A)Copy CA Streets and Highways Code § 2423(b)(2)(A) A minimum of nine hundred thirty-five million dollars ($935,000,000) of the funds available pursuant to paragraph (1) shall be programmed for projects in the state highway operations and protection program.
(B)CA Streets and Highways Code § 2423(b)(2)(A)(B) Not more than three hundred ten million dollars ($310,000,000) of the funds available pursuant to subparagraph (A) may be loaned pursuant to Section 8879.77 of the Government Code to advance projects to be funded with moneys from the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006.
(c)CA Streets and Highways Code § 2423(c) Pursuant to the American Recovery and Reinvestment Act of 2009, 3 percent of the federal funds, which is approximately seventy-seven million dollars ($77,000,000), made available to the state shall be used for transportation enhancement activities. Funds allocated pursuant to this section for transportation enhancement activities are not subject to the requirements of the state transportation improvement program. Any funds apportioned to the state pursuant to paragraph (2) of subdivision (d) of Section 133 of Title 23 of the United States Code shall be distributed such that 37.5 percent of these funds shall be made available to the department and allocated by the commission and 62.5 percent shall be made available to the metropolitan planning organizations, county transportation commissions, and regional transportation planning agencies in accordance with the formula in subdivisions (b) and (c) of Section 182.6.
(1)CA Streets and Highways Code § 2423(c)(1) In programming and allocating these funds, the department and the metropolitan planning organizations, county transportation commissions, and regional transportation agencies shall give priority to the sponsors of eligible projects that partner with, or commit to employ the services of, a community conservation corps or the California Conservation Corps to construct or undertake the project, provided those projects meet the requirements of the American Recovery and Reinvestment Act of 2009.
(2)CA Streets and Highways Code § 2423(c)(2) After all eligible projects have been selected pursuant to paragraph (1), the department and the metropolitan planning organizations, county transportation commissions, and regional transportation agencies shall next give priority to projects that provide facilities for pedestrians and bicyclists, provided those projects meet the requirements of the American Recovery and Reinvestment Act of 2009.
(3)CA Streets and Highways Code § 2423(c)(3) After all eligible projects have been selected pursuant to paragraph (2), the department and the metropolitan planning organizations, county transportation commissions, and regional transportation agencies may fund any project eligible in accordance with paragraph (35) of subdivision (a) of Section 101 of Title 23 of the United States Code.
(d)CA Streets and Highways Code § 2423(d) It is the intent of the Legislature that at least 40 percent of the funds apportioned to a metropolitan planning organization, county transportation commission, or regional transportation planning agency be available for suballocation by that entity to a city, county, or city and county for projects that meet the requirements of the American Recovery and Reinvestment Act of 2009 and this chapter.
(1)CA Streets and Highways Code § 2423(d)(1) Any funds suballocated by a metropolitan planning organization, county transportation commission, or regional transportation planning agency that will not be obligated by a city, county, or city and county by the deadlines specified in the American Recovery and Reinvestment Act of 2009 shall be reallocated and available for expenditure as determined by the metropolitan planning organization, county transportation commission, or regional transportation planning agency.
(2)CA Streets and Highways Code § 2423(d)(2) A metropolitan planning organization, county transportation commission, or regional transportation agency that suballocates funds to a city, county, or city and county under this chapter shall establish reporting procedures for the city, county, or city and county to ensure that funds are obligated and expended in accordance with the American Recovery and Reinvestment Act of 2009 and this chapter.
(e)Copy CA Streets and Highways Code § 2423(e)
(1)Copy CA Streets and Highways Code § 2423(e)(1) A metropolitan planning organization, county transportation commission, or regional transportation planning agency receiving funds under this chapter shall notify the department of the projected amount of obligational authority that the entity intends to use, including for funds that the entity suballocated to a city, county, or city and county pursuant to subdivision (d). The report shall include, but not be limited to, a list of projects that will be obligated by the following deadlines:
(A)CA Streets and Highways Code § 2423(e)(1)(A) By June 1, 2009, for the funds required to be obligated within 120 days of federal apportionment.
(B)CA Streets and Highways Code § 2423(e)(1)(B) By February 1, 2010, for any funds that will not be obligated within one year of federal apportionment.
(2)CA Streets and Highways Code § 2423(e)(2) Any federal obligational authority that will not be used shall be redistributed by the department to other projects in a manner that ensures that the state will continue to compete for and receive increased obligational authority during the federal redistribution of obligational authority. To the extent practical, the funds shall be obligated within the geographic areas relinquishing the obligational authority.
(f)CA Streets and Highways Code § 2423(f) Funds apportioned by this chapter are not eligible to be exchanged for nonfederal State Highway Account funds as provided in subdivision (g) or (h) of Section 182.6.
(g)CA Streets and Highways Code § 2423(g) The public participation requirements under Title 23 of the United States Code shall apply to all transportation projects using federal funds made available pursuant to this chapter.
federal highway funds Recovery Act 2009 state highway operations protection program transportation enhancements conservation corps pedestrian and bicyclist facilities project prioritization suballocation reporting procedures obligational authority geographic allocation public participation regional transportation agencies state transportation improvement
Section § 2424
This law outlines the requirements for various transportation and planning organizations in California to comply with federal reporting obligations related to funds received under the American Recovery and Reinvestment Act of 2009. These organizations must provide specific data to both the Federal Highway Administration and the state, following federal timelines. The data should include information on federal funds used for transportation projects, especially reflecting any suballocated funds given to cities and counties. Additionally, the data must describe projects involving community conservation or the California Conservation Corps, focusing on details like the number, value, and type of such projects.
(a)CA Streets and Highways Code § 2424(a) The department, metropolitan planning organizations, county transportation commissions, regional transportation planning agencies, counties, cities, and a city and county shall comply with all reporting requirements to the Federal Highway Administration (FHWA) established in federal law regarding funds made available under the American Recovery and Reinvestment Act of 2009.
(b)CA Streets and Highways Code § 2424(b) In complying with the requirements of subdivision (a), the department, metropolitan planning organizations, county transportation commissions, regional transportation planning agencies, counties, cities, and a city and county shall provide the same data they provide to the FHWA to the department under the same timelines required
by the FHWA or federal law. Regional entities shall include in the data provided to the department information on the use of federal funds made available under the American Recovery and Reinvestment Act of 2009 that were suballocated to cities and counties within their jurisdiction.
(c)CA Streets and Highways Code § 2424(c) All jurisdictions that received and obligated or expended federal funds for transportation enhancement activities pursuant to federal law and this chapter shall include in the data they provide to the department pursuant to subdivision (b) a description of the number, value, and type of project that involved the participation of a community conservation corps or the California Conservation Corps.
American Recovery and Reinvestment Act Federal Highway Administration reporting transportation funding metropolitan planning organizations county transportation commissions regional transportation planning agencies suballocated funds community conservation corps California Conservation Corps reporting timelines federal funds usage transportation enhancement activities data compliance project description requirements federal reporting obligations
