Bill Text: CA AB892 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Department of Transportation: environmental review

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-10-06 - Chaptered by Secretary of State - Chapter 482, Statutes of 2011. [AB892 Detail]

Download: California-2011-AB892-Amended.html

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BILL NUMBER: AB 892	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 13, 2011
	AMENDED IN ASSEMBLY  MAY 10, 2011
	AMENDED IN ASSEMBLY  APRIL 27, 2011
	AMENDED IN ASSEMBLY  APRIL 6, 2011

INTRODUCED BY   Assembly Member Carter

                        FEBRUARY 17, 2011

   An act to amend Section 820.1 of the Streets and Highways Code,
relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 892, as amended, Carter. Department of Transportation:
environmental review process: federal pilot program.
   Existing law gives the Department of Transportation full
possession and control of the state highway system. Existing federal
law requires the United States Secretary of Transportation to carry
out a surface transportation project delivery pilot program, under
which the participating states assume certain responsibilities for
environmental review and clearance of transportation projects that
would otherwise be the responsibility of the federal government.
Existing law requires the department to submit a report to the
Legislature regarding state and federal environmental review.
Existing law requires the report to be submitted no later than
January 1, 2009, and again, no later than January 1, 2011.
   This bill would, instead, require the report to be submitted no
later than January 1,  2015, and again, no later than January
1, 2018   2016  .
    Existing law, until January 1, 2012, provides that the State of
California consents to the jurisdiction of the federal courts with
regard to the compliance, discharge, or enforcement of the
responsibilities it assumed as a participant in the pilot program.
   This bill would delete this repeal date and extend the operation
of these provisions until January 1,  2019, or until the
termination of a certain memorandum of understanding between the
department and the Federal Highway Administration, as specified
  2017. The bill would provide that the state shall
remain liable for any decisions made or responsibilities assumed
prior to repeal of these provisions under applicable federal statutes
of limitation for filing citizens' suits   in federal
courts  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 820.1 of the Streets and Highways Code is
amended to read:
   820.1.  (a) The State of California consents to the jurisdiction
of the federal courts with regard to the compliance, discharge, or
enforcement of the responsibilities assumed by the department
pursuant to Section 326 of, and subsection (a) of Section 327 of,
Title 23 of the United States Code.
   (b) In any action brought pursuant to the federal laws described
in subdivision (a), no immunity from suit may be asserted by the
department pursuant to the Eleventh Amendment to the United States
Constitution, and any immunity is hereby waived.
   (c) The department shall not delegate any of its responsibilities
assumed pursuant to the federal laws described in subdivision (a) to
any political subdivision of the state or its instrumentalities.
   (d) The department shall, no later than January 1,  2015
  2016  ,  and again, no later than January
1, 2018,  submit a report to the Legislature that includes
the following:
   (1) A comparative analysis of the environmental review process
under the National Environmental Policy Act (Chapter 55 (commencing
with Section 4321) of Title 42 of the United States Code) for the 30
projects, excluding those projects categorically excluded from
environmental review, undertaken immediately preceding the enactment
of this section that involved the Federal Highway Administration and
the environmental review process for all projects, excluding those
projects categorically excluded from environmental review, undertaken
following the enactment of this section that did not involve the
Federal Highway Administration. This analysis should
  shall include department- and local agency-sponsored
projects, and shall  address the following:
   (A) For each project included in the analysis, the environmental
review process under the National Environmental Policy Act, including
which state and federal agencies reviewed the environmental
documents and the amount of time the documents were reviewed by each
agency, shall be described.
   (B) The points in the environmental review process under the
National Environmental Policy Act when project delays occurred and
the nature of the delays.
   (C) The time saved in the environmental review process for
projects undertaken following the enactment of this section in
comparison to the review process for projects undertaken prior to the
enactment of this section, and the points in the review process when
time was saved.
   (D) The circumstances when the Federal Highway Administration
hindered and facilitated project delivery.
   (2) All financial costs incurred by the department to assume the
responsibilities pursuant to Section 326 of, and subsection (a) of
Section 327 of, Title 23 of the United States Code, including, but
not limited to, the following:
   (A) Personnel to conduct and review environmental documents and to
manage litigation.
   (B) Administrative costs.
   (C) Litigation.
   (3) An explanation of all litigation initiated against the
department for the responsibilities assumed pursuant to Section 326
of, and subsection (a) of Section 327 of, Title 23 of the United
States Code.
   (4) A comparison of all costs and benefits of assuming these
responsibilities.
   (5) An assessment of overall project delivery time from the time
environmental studies begin to the time the project is ready to
advertise for construction, including the time required for each
project phase and distinguishing between different types of
environmental documents and between projects on the state highway
system and local assistance projects. The department may also include
other variables that it determines may be useful in the assessment.

   (e) (1) With respect to the responsibilities assumed by the
department under this section and pursuant to Section 327 of Title 23
of the United States Code, the provisions of this section shall be
operative until January 1, 2019, and shall be inoperative in that
regard after that date.  
   (2) With respect to the responsibilities assumed by the department
under this section and pursuant to Section 326 of Title 23 of the
United States Code, the provisions of this section shall be operative
as long as an authorized memorandum of understanding between the
department and the Federal Highway Administration in that regard is
in force. Upon the termination of the memorandum of understanding,
this section shall be inoperative in that regard after that date.
 
   (e) (1) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.  
   (2) The state shall remain liable for any decisions made, or
responsibilities assumed and exercised, prior to the repeal of this
section under this subdivision, pursuant to applicable federal
statutes of limitation for filing citizens' suits in federal court.

   (f) Nothing in this section affects the obligation of the
department to comply with state and federal law.