BILL NUMBER: SB 286 CHAPTERED 09/27/08 CHAPTER 373 FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2008 APPROVED BY GOVERNOR SEPTEMBER 27, 2008 PASSED THE SENATE AUGUST 21, 2008 PASSED THE ASSEMBLY AUGUST 18, 2008 AMENDED IN ASSEMBLY AUGUST 15, 2008 AMENDED IN ASSEMBLY JANUARY 17, 2008 AMENDED IN ASSEMBLY JULY 16, 2007 AMENDED IN SENATE JUNE 4, 2007 AMENDED IN SENATE MAY 14, 2007 AMENDED IN SENATE MAY 2, 2007 AMENDED IN SENATE APRIL 9, 2007 INTRODUCED BY Senator Lowenthal FEBRUARY 15, 2007 An act to add Chapter 7.5 (commencing with Section 2370) to Division 3 of the Streets and Highways Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGEST SB 286, Lowenthal. Transportation enhancement funds: conservation corps. Existing federal law, as part of the comprehensive surface transportation program, allocates transportation funds to each state for transportation enhancement projects. This bill, with respect to federal funds made available to the state for transportation enhancement projects, would require the department to develop and transportation planning agencies, county transportation commissions or authorities, and congestion management agencies to utilize criteria that give priority in the selection of these projects to the sponsors of eligible projects that partner with, or commit to employ the services of, a community conservation corps, as defined, or the California Conservation Corps to construct or undertake the project. The bill would authorize these agencies and the Department of Transportation to enter into cooperative agreements, grant agreements, or procurement contracts with community conservation corps pursuant to certain simplified contract requirements. The bill would require the California Transportation Commission, when developing guidelines for the state transportation improvement program and the state highway operations and protection program, to include guidance to encourage the allocation of funds for transportation enhancement projects to community conservation corps and the California Conservation Corps as partners with applicants that commit to employ the services of corps members in the construction of those projects. The bill would make related legislative findings and declarations. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) According to several studies dating back many years, integrating underprivileged young adults between the ages of 14 and 24 into the mainstream of social and economic life produces numerous social benefits, including the reduction of criminal activity, alcohol and drug abuse, teen pregnancy, and welfare dependency. (b) These studies have found that among the most productive strategies for assisting young people to develop civic consciousness and become productive members of society are programs that link employment training, jobs, education, and public service through community-based programs, such as California's community conservation corps. (c) The federal Transportation Equity Act of 1998 and subsequent acts direct the United States Secretary of Transportation to encourage states to enter into contracts and cooperative agreements with qualified youth conservation or service corps using federal transportation enhancement funds to perform appropriate transportation enhancement activities, including the construction of bicycle lanes, development of landscaping and scenic beautification, environmental mitigation, and other similar activities consistent with federal law. Federal Highway Administration guidance to states on use of transportation enhancement funds declares that "where states and local officials are able to identify opportunities to enter into partnership with these service organizations, they should fully consider the benefits to their own efforts and the benefits to the youth involved." (d) Cities and counties, which are the recipients of transportation enhancement funds, and regional transportation planning agencies that prioritize projects nominated to use those funds, have not taken advantage of the provision in federal law authorizing and encouraging the involvement of qualified community conservation corps agencies in eligible transportation enhancement activities and projects. SEC. 2. Chapter 7.5 (commencing with Section 2370) is added to Division 3 of the Streets and Highways Code, to read: CHAPTER 7.5. FEDERAL FUNDS FOR TRANSPORTATION ENHANCEMENTS 2370. As used in this chapter, the following terms have the following meanings: (a) "Community conservation corps" shall have the same meaning as defined in Section 14507.5 of the Public Resources Code. (b) "Transportation enhancement project" means a project constructed or undertaken with funds made available to the state pursuant to Section 133(b)(8) of Title 23 of the United States Code. 2371. (a) The department, in consultation with community conservation corps, the California Conservation Corps, the commission, regional transportation planning agencies, county transportation commissions or authorities, and congestion management agencies, shall develop criteria that give priority in the selection of projects to the sponsors of eligible projects that partner with, or commit to employ the services of, a community conservation corps or the California Conservation Corp to construct or undertake the project (b) Regional transportation planning agencies, county transportation commissions or authorities, and congestion management agencies, when selecting candidates for transportation enhancement projects, shall utilize the criteria in subdivision (a) that give priority in the selection of projects 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. 2372. The department, regional transportation planning agencies, county transportation commissions or authorities, or congestion management agencies shall be authorized to enter into cooperative agreements, grant agreements, or procurement contracts with community conservation corps pursuant to the simplified contract requirements authorized by Section 18.36(j) of Title 49 of the Code of Federal Regulations in order to enable community conservation corps to utilize transportation enhancement project funds. 2373. The commission, when developing guidelines for the state transportation improvement program and the state highway operations and protection program, shall include guidance to encourage the allocation of funds for transportation enhancement projects to qualified community conservation corps and the California Conservation Corps as partners with applicants that commit to employ the services of corps members in the construction of those projects. 2374. The criteria prepared pursuant to subdivision (a) of Section 2373 and the guidelines prepared pursuant to Section 2371 relative to the allocation of funds for transportation enhancement projects to qualified community conservation corps and the California Conservation Corps shall further the purposes of this chapter.