Bill Text: TX HB630 | 2011-2012 | 82nd Legislature | Enrolled


Bill Title: Relating to the environmental review process for transportation projects.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB630 Detail]

Download: Texas-2011-HB630-Enrolled.html
 
 
  H.B. No. 630
 
 
 
 
AN ACT
  relating to the environmental review process for transportation
  projects.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 201.607, Transportation Code, is amended
  by amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  Not later than January 1, 1997, and every fifth year
  after that date, the department and each state agency that is
  responsible for the protection of the natural environment or for
  the preservation of historical or archeological resources shall
  examine and revise their memorandum of understanding that:
               (1)  describes the responsibilities of each agency
  entering into the memorandum relating to the review of the
  potential environmental, historical, or archeological effect of a
  highway project;
               (2)  specifies the responsibilities of each agency
  entering into the memorandum relating to the review of a highway
  project;
               (3)  specifies the types of information the department
  must provide to the reviewing agency and the period during which the
  department must provide the information;
               (4)  specifies the period during which the reviewing
  agency must review the highway project and provide comments to the
  department, as negotiated by the department and the agency but
  which may not exceed 45 days after the date the agency receives a
  request for comments from the department; [and]
               (5)  specifies that comments submitted to the
  department later than the period specified under Subdivision (4)
  will be considered by the department to the extent possible; and
               (6)  includes any other agreement necessary for the
  effective coordination of the review of the environmental,
  historical, or archeological effect of a highway project.
         (c)  The department by rule shall establish procedures
  concerning coordination with agencies in carrying out
  responsibilities under agreements under this section.
         SECTION 2.  (a)  Chapter 201, Transportation Code, is
  amended by adding Subchapter I-1 to read as follows:
  SUBCHAPTER I-1.  ENVIRONMENTAL REVIEW PROCESS
         Sec. 201.751.  DEFINITIONS. In this subchapter:
               (1)  "Day" means a calendar day.
               (2)  "Federal Highway Administration" means the United
  States Department of Transportation Federal Highway
  Administration.
               (3)  "Highway project" means a highway or related
  improvement that is:
                     (A)  part of the state highway system; or
                     (B)  not part of the state highway system but
  funded wholly or partly by federal money.
               (4)  "Local government sponsor" means a political
  subdivision of the state that:
                     (A)  elects to participate in the planning,
  development, design, funding, or financing of a highway project;
  and
                     (B)  is a municipality or a county, a group of
  adjoining counties, a county acting under Chapter 284, a regional
  tollway authority operating under Chapter 366, a regional mobility
  authority operating under Chapter 370, a local government
  corporation, or a transportation corporation created under Chapter
  431.
         Sec. 201.752.  STANDARDS. (a)  The commission by rule shall
  establish standards for processing an environmental review
  document for a highway project. The standards must increase
  efficiency, minimize delays, and encourage collaboration and
  cooperation by the department with a local government sponsor, with
  a goal of prompt approval of legally sufficient documents.
         (b)  The standards apply regardless of whether the
  environmental review document is prepared by the department or a
  local government sponsor. The standards apply to work performed by
  the sponsor and to the department's review process and
  environmental decision.
         (c)  The standards must address, for each type of
  environmental review document:
               (1)  the issues and subject matter to be included in the
  project scope prepared under Section 201.754;
               (2)  the required content of a draft environmental
  review document;
               (3)  the process to be followed in considering each
  type of environmental review document; and
               (4)  review deadlines, including the deadlines in
  Section 201.759.
         (d)  The standards must include a process for resolving
  disputes arising under this subchapter, provided that the dispute
  resolution process must be concluded not later than the 60th day
  after the date either party requests dispute resolution.
         (e)  For highway projects described in Section 201.753(a),
  the standards may provide a process and criteria for the
  prioritization of environmental review documents in the event the
  department makes a finding that it lacks adequate resources to
  timely process all documents it receives. Standards established
  pursuant to this subsection must provide for notification to a
  local government sponsor if processing of an environmental review
  document is to be delayed due to prioritization, and must ensure
  that the environmental review document for each highway project
  will be completed no later than one year prior to the date planned
  for publishing notice to let the construction contract for the
  project, as indicated in a document identifying the project under
  Section 201.753(a)(1) or a commission order under Section
  201.753(a)(2).
         Sec. 201.753.  ENVIRONMENTAL REVIEW LIMITED TO CERTAIN
  PROJECTS. (a)  A local government sponsor or the department may
  prepare an environmental review document for a highway project only
  if the highway project is:
               (1)  identified in the financially constrained portion
  of the approved state transportation improvement program or the
  financially constrained portion of the approved unified
  transportation program; or
               (2)  identified by the commission as being eligible for
  participation under this subchapter.
         (b)  Notwithstanding Subsection (a), a local government
  sponsor may prepare an environmental review document for a highway
  project that is not identified by the commission or in a program
  described by Subsection (a) if the sponsor submits with its notice
  under Section 201.755 a fee in an amount established by commission
  rule, but not to exceed the actual cost of reviewing the
  environmental review document.
         (c)  A fee received by the department under Subsection (b)
  must be deposited in the state highway fund and used to pay costs
  incurred under this subchapter.
         Sec. 201.754.  SCOPE OF PROJECT. If an environmental review
  document is prepared by a local government sponsor, the local
  government sponsor must prepare a detailed scope of the project in
  collaboration with the department before the department may process
  the environmental review document.
         Sec. 201.755.  NOTICE TO DEPARTMENT. (a)  A local
  government sponsor may submit notice to the department proposing
  that the local government sponsor prepare the environmental review
  document for a highway project.
         (b)  The notice must include:
               (1)  the project scope prepared under Section 201.754;
  and
               (2)  a request for classification of the project.
         Sec. 201.756.  LOCAL GOVERNMENT SPONSOR RESPONSIBILITIES. A
  local government sponsor that submits notice under Section 201.755
  is responsible for preparing all materials for:
               (1)  project scope determination;
               (2)  environmental reports;
               (3)  the environmental review document;
               (4)  environmental permits and conditions;
               (5)  coordination with resource agencies; and
               (6)  public participation.
         Sec. 201.757.  DETERMINATION OF ADMINISTRATIVELY COMPLETE
  ENVIRONMENTAL REVIEW DOCUMENT. (a)  A local government sponsor's
  submission of an environmental review document must include a
  statement from the local government sponsor that the document is
  administratively complete, ready for technical review, and
  compliant with all applicable requirements.
         (b)  Not later than the 20th day after the date the
  department receives a local government sponsor's environmental
  review document, the department shall either:
               (1)  issue a letter confirming that the document is
  administratively complete and ready for technical review; or
               (2)  decline to issue a letter confirming that the
  document is administratively complete and ready for technical
  review, in accordance with Section 201.758.
         Sec. 201.758.  DEPARTMENT DECLINES TO CONFIRM THAT DOCUMENT
  IS ADMINISTRATIVELY COMPLETE.  (a)  The department may decline to
  issue a letter confirming that an environmental review document is
  administratively complete and ready for technical review only if
  the department sends a written response to the local government
  sponsor specifying in reasonable detail the basis for its
  conclusions, including a listing of any required information
  determined by the department to be missing from the document.
         (b)  If the department provides notice under Subsection (a),
  the department shall undertake all reasonable efforts to cooperate
  with the local government sponsor in a timely manner to ensure that
  the environmental review document is administratively complete.
         (c)  The local government sponsor may resubmit any
  environmental review document determined by the department under
  Section 201.757 not to be administratively complete, and the
  department shall issue a determination letter on the resubmitted
  document not later than the 20th day after the date the document is
  resubmitted.
         Sec. 201.759.  REVIEW DEADLINES. (a)  The following
  deadlines must be included in the standards adopted under Section
  201.752:
               (1)  the department shall issue a classification letter
  not later than the 30th day after the date the department receives
  notice from a local government sponsor under Section 201.755;
               (2)  for a project classified as a programmatic
  categorical exclusion, the environmental decision must be rendered
  not later than the 60th day after the date the supporting
  documentation is received by the department;
               (3)  for a project classified as a categorical
  exclusion, the environmental decision must be rendered not later
  than the 90th day after the date the supporting documentation is
  received by the department;
               (4)  for a project that requires the preparation of an
  environmental assessment:
                     (A)  the department must provide all department
  comments on a draft environmental assessment not later than the
  90th day after the date the draft is received by the department; and
                     (B)  the department must render the environmental
  decision on the project not later than the 60th day after the later
  of:
                           (i)  the date the revised environmental
  assessment is submitted to the department; or
                           (ii)  the date the public involvement
  process concludes;
               (5)  the department must render the environmental
  decision on any reevaluation not later than the 120th day after the
  date the supporting documentation is received by the department;
  and
               (6)  for a project that requires the preparation of an
  environmental impact statement, the department shall render the
  environmental decision not later than the 120th day after the date
  the draft final environmental impact statement is submitted.
         (b)  Review deadlines under this section specify the date by
  which the department will render the environmental decision on a
  project or the time frames by which the department will make a
  recommendation to the Federal Highway Administration, as
  applicable.
         (c)  A deadline that falls on a weekend or official state
  holiday is considered to occur on the next business day.
         Sec. 201.760.  SUSPENSION OF TIME PERIODS. The computation
  of review deadlines under Section 201.759 does not begin until an
  environmental review document is determined to be administratively
  complete, and is suspended during any period in which:
               (1)  the document that is the subject of the review is
  being revised by or on behalf of the local government sponsor in
  response to department comments;
               (2)  the highway project is the subject of additional
  work, including a change in design of the project, and during the
  identification and resolution of new significant issues; or
               (3)  the local government sponsor is preparing a
  response to any issue raised by legal counsel for the department
  concerning compliance with applicable law.
         Sec. 201.761.  AGREEMENT BETWEEN LOCAL GOVERNMENT SPONSOR
  AND DEPARTMENT. Notwithstanding any provision of this subchapter
  or any other law, a local government sponsor and the department may
  enter into an agreement that defines the relative roles and
  responsibilities of the parties in the preparation and review of
  environmental review documents for a specific project.  For a
  project for which an environmental decision requires the approval
  of the Federal Highway Administration and to the extent otherwise
  permitted by law, the Federal Highway Administration may also be a
  party to an agreement between a local government sponsor and the
  department under this section.
         Sec. 201.762.  REPORTS TO COMMISSION AND LEGISLATURE.
  (a)  Not later than June 30 and December 31 of each year, the
  department shall submit a report to the commission at a regularly
  scheduled commission meeting identifying projects being processed
  under the procedures of this subchapter and the status of each
  project, including:
               (1)  how the project was classified for environmental
  review;
               (2)  the current status of the environmental review;
               (3)  the date on which the department is required to
  make an environmental decision under applicable deadlines;
               (4)  an explanation of any delays; and
               (5)  any deadline under Section 201.759 missed by the
  department.
         (b)  Not later than December 1 of each year, the department
  shall submit a report to the members of the standing legislative
  committees with primary jurisdiction over matters related to
  transportation regarding the implementation of this subchapter,
  including a status report for the preceding 12-month period that
  contains the information described in Subsection (a).
         (c)  The department shall post copies of the reports required
  under this section on its Internet website and shall provide a copy
  of the report required by Subsection (b) to each member of the
  legislature who has at least one project covered by the report in
  the member's district.
         (d)  The department shall make available on its Internet
  website and update regularly the status of projects being processed
  under this subchapter.
         (b)  The Texas Transportation Commission shall adopt rules
  to implement Subchapter I-1, Chapter 201, Transportation Code, as
  added by this Act, not later than March 1, 2012.
         (c)  Subchapter I-1, Chapter 201, Transportation Code, as
  added by this Act, applies only to a notice of a local government
  sponsor proposing the sponsor's preparation of an environmental
  review document that is received by the Texas Department of
  Transportation on or after the effective date of this Act.
  Submissions to the Texas Department of Transportation received
  before the effective date of this Act are governed by the law in
  effect on the date the submission was received, and that law is
  continued in effect for that purpose.
         SECTION 3.  Subchapter A, Chapter 222, Transportation Code,
  is amended by adding Sections 222.005 and 222.006 to read as
  follows:
         Sec. 222.005.  AUTHORIZATION TO PROVIDE ASSISTANCE TO
  EXPEDITE ENVIRONMENTAL REVIEW. (a)  The department, a county, a
  regional tollway authority operating under Chapter 366, or a
  regional mobility authority operating under Chapter 370 may enter
  into an agreement to provide funds to a state or federal agency to
  expedite the agency's performance of its duties related to the
  environmental review process for the applicable entity's
  transportation projects, including those listed in the applicable
  metropolitan planning organization's long-range transportation
  plan under 23 U.S.C. Section 134.
         (b)  Except as provided by Subsection (c), an agreement
  entered into under this section:
               (1)  may specify transportation projects the
  applicable entity considers to be priorities for review; and
               (2)  must require the agency receiving money to
  complete the environmental review in less time than is customary
  for the completion of environmental review by that agency.
         (c)  The department may enter into a separate agreement for a
  transportation project that the department determines has regional
  importance.
         (d)  An agreement entered into under this section does not
  diminish or modify the rights of the public regarding review and
  comment on transportation projects.
         (e)  An entity entering into an agreement under this section
  shall make the agreement available on the entity's Internet
  website.
         Sec. 222.006.  ENVIRONMENTAL REVIEW CERTIFICATION PROCESS.
  The department by rule shall establish a process to certify
  department district environmental specialists to work on all
  documents related to state and federal environmental review
  processes. The certification process must:
               (1)  be available to department employees; and
               (2)  require continuing education for recertification.
         SECTION 4.  Section 12.0011, Parks and Wildlife Code, is
  amended by adding Subsection (b-1) to read as follows:
         (b-1)  Recommendations and information submitted by the
  department under Subsection (b) in response to a request for
  comments from the Texas Department of Transportation must be
  submitted not later than the 45th day after the date the department
  receives the request.
         SECTION 5.  Subsection (a), Section 201.607, Transportation
  Code, as amended by this Act, and Subsection (b-1), Section
  12.0011, Parks and Wildlife Code, as added by this Act, apply only
  to a request for comments from the Texas Department of
  Transportation received by a state agency on or after the effective
  date of this Act.  As necessary, the Texas Department of
  Transportation and each affected state agency shall promptly revise
  the memorandum of understanding required by Section 201.607,
  Transportation Code, to implement the change made by this Act to
  Subsection (a), Section 201.607, Transportation Code.
         SECTION 6.  This Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 630 was passed by the House on April
  11, 2011, by the following vote:  Yeas 147, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 630 on May 25, 2011, by the following vote:  Yeas 139, Nays 0, 3
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 630 was passed by the Senate, with
  amendments, on May 24, 2011, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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