Bill Text: TX SB1323 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the environmental review of certain transportation projects by the Texas Department of Transportation
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-16 - Referred to Transportation & Homeland Sec. [SB1323 Detail]
Download: Texas-2011-SB1323-Introduced.html
| By: Watson | S.B. No. 1323 | |
|
|
||
|
|
||
| relating to the environmental review of certain transportation | ||
| projects by the Texas Department of Transportation | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 201, Transportation Code, is amended by | ||
| adding Subchapter P to read as follows: | ||
| SUBCHAPTER P. OPTIONAL ENVIRONMENTAL REVIEW PROCESS | ||
| FOR LOCALLY-SPONSORED PROJECTS | ||
| Sec. 201.1001 DEFINITIONS. In this Subchapter: | ||
| (1) "Construction costs" has the same meaning assigned | ||
| by Section 370.004, Transportation Code. | ||
| (2) "Environmental decision" means for state review | ||
| projects, the department's approval of a categorical exclusion, a | ||
| finding of no significant impact, the findings of a re-evaluation, | ||
| or the execution of a record of decision. | ||
| (3) "Project," including within the term "state review | ||
| project," means a highway or related improvement on the state | ||
| highway system. For the purposes of this subchapter, "highway," | ||
| "improvement" and "state highway system" shall have the meanings | ||
| assigned by Section 221.001. | ||
| (4) "Sponsor" means a political subdivision of the | ||
| state that elects to participate in the planning, development or | ||
| construction of a state review project, including a municipality or | ||
| a county, a political subdivision of a county, a group of adjoining | ||
| counties, a district organized or operating under Section 52, | ||
| Article III, or Section 59, Article XVI, Texas Constitution, a | ||
| regional tollway authority created under Chapter 366, a regional | ||
| mobility authority operating under Chapter 370, or a nonprofit | ||
| corporation, including a transportation corporation created under | ||
| Chapter 431. | ||
| (5) "State review project" means a transportation | ||
| project subject to environmental review by the department, but that | ||
| does not require, in its entirety, federal review under the | ||
| National Environmental Policy Act (42 U.S.C. 4321, et seq.) or | ||
| Section 4(f), Department of Transportation Act of 1966 (23 U.S.C. | ||
| 138 and 49 U.S.C. 303). | ||
| Sec. 201.1002. PURPOSES. The purposes of this subchapter | ||
| are to: | ||
| (1) increase public safety; | ||
| (2) ensure timely compliance with environmental | ||
| review requirements for state review projects; | ||
| (3) enhance a sponsor's ability to participate in | ||
| project development; and | ||
| (4) prevent delays that substantially increase the | ||
| cost of state review projects. | ||
| Sec. 201.1003. ELIGIBILITY. (a) A state review project | ||
| qualifies for review under the procedures provided by this | ||
| subchapter if the sponsor retains, at its own expense, qualified | ||
| engineers, consultants and legal counsel to ensure the preparation | ||
| of draft environmental documents in compliance with applicable law | ||
| and either: | ||
| (1) assumes at least 25 percent of project | ||
| construction costs, either on a permanent or pass-through basis; or | ||
| (2) pays an application fee equal to one percent of the | ||
| estimated project construction costs. | ||
| (b) The eligibility of a project under Subsection (a)(1) of | ||
| this section shall not be affected by an agreement for | ||
| reimbursement of some or all project costs between the sponsor and | ||
| the department, another agency or political subdivision of the | ||
| state, or any other public or private entity. | ||
| Sec. 201.1004. INITIATION OF ENVIRONMENTAL REVIEW PROCESS. | ||
| A sponsor initiates the environmental review process under this | ||
| subchapter by submitting to the department a declaration of intent | ||
| to proceed that contains the following: | ||
| (1) a certification of the project's eligibility under | ||
| Section 201.1003(a)(1) or payment of the application fee under | ||
| Section 201.1003(a)(2); | ||
| (2) a statement of qualifications for the engineers, | ||
| consultants and legal counsel retained to provide services in | ||
| connection with the environmental review process; and | ||
| (3) a proposed memorandum of agreement pursuant that | ||
| satisfies the requirements of Section 201.1005. | ||
| Sec. 201.1005. MEMORANDUM OF AGREEMENT. (a) The | ||
| department shall enter into a memorandum of agreement with a | ||
| sponsor who elects to proceed under this subchapter not later than | ||
| 45 days after the date that the sponsor's notice of intent is | ||
| received by the department. Subject to the requirements of | ||
| subsections (b) and (c), the agreement must: | ||
| (1) describe the purpose and need of the project; | ||
| (2) establish the scope of review; | ||
| (3) provide plans for public involvement, agency | ||
| coordination and legal sufficiency review; | ||
| (4) provide for the coordination of environmental | ||
| review and permitting procedures; | ||
| (5) include a schedule and related deadlines for tasks | ||
| to be performed by the sponsor, which may include delivery of draft | ||
| environmental documents, development of comment responses and | ||
| revisions to documents, elements of the public involvement and | ||
| agency coordination process, and negotiating the issuance of | ||
| permits and securing related mitigation; and | ||
| (6) include a schedule and related deadlines for tasks | ||
| to be performed by the department, including review and provision | ||
| of comments on documents, elements of the public involvement and | ||
| agency coordination process, responses to comments, and the | ||
| issuance of an environmental decision. | ||
| (b) An agreement under this section: | ||
| (1) may include other terms relating to the | ||
| environmental review or permitting process that are mutually | ||
| acceptable to the sponsor and the department and allowed by | ||
| applicable law; | ||
| (2) may be amended only in writing with the consent of | ||
| the parties; and | ||
| (3) shall not diminish the rights of the public | ||
| regarding review and comment on projects. | ||
| (c) The department may not require the sponsor to consent to | ||
| extension of any deadline as a condition to any other approval, | ||
| consent or authorization required for the project. | ||
| Sec. 201.1006. REVIEW TIMEFRAMES. (a) The department | ||
| shall render an environmental decision on a state review project | ||
| reviewed under this subchapter by the date specified in the | ||
| memorandum of agreement required by Section 201.1005. | ||
| (b) If the department and the sponsor fail to execute a | ||
| memorandum of agreement by the date required in Section | ||
| 201.1005(a), then the following deadlines apply: | ||
| (1) the department shall issue a classification letter | ||
| no later than the 45th day after the date the sponsor's request for | ||
| classification is received by the department; | ||
| (2) for a project classified as a programmatic | ||
| categorical exclusion, the environmental decision must be rendered | ||
| no later than the 60th day after the date the sponsor's 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 sponsor's supporting | ||
| documentation is received by the department; | ||
| (4) for a project that requires the preparation of an | ||
| environmental assessment: | ||
| (A) the department must provide the sponsor with | ||
| all department comments on a draft environmental assessment not | ||
| later than the 90th day after the date that the draft is received by | ||
| the department; and | ||
| (B) the department must render an environmental | ||
| decision on the project not later than the 60th day after the date | ||
| that: (i) the sponsor's revised environmental assessment is | ||
| submitted to the department, or (ii) the conclusion of the public | ||
| involvement process, whichever occurs later; | ||
| (5) the department must render an environmental | ||
| decision on any re-evaluation requested by the sponsor no later | ||
| than the 120th day after the date the sponsor's supporting | ||
| documentation is received by the department; and | ||
| (6) for any project that requires the preparation of | ||
| an environmental impact statement, the department shall render an | ||
| environmental decision not later than two years after the date of | ||
| the classification letter. | ||
| Sec. 201.1007. RULES. (a) The department may adopt rules | ||
| for the implementation of this subchapter. | ||
| (b) The availability of the process provided by this | ||
| subchapter shall not be delayed pending the adoption of rules under | ||
| subsection (a). | ||
| SECTION 2. TRANSITION. A sponsor may initiate the optional | ||
| procedures provided under this Act regarding any eligible state | ||
| review project for which the department has not issued an | ||
| environmental decision as of the effective date of this Act. | ||
| SECTION 3. EFFECTIVE DATE. This Act takes effect | ||
| immediately if it receives a vote of two-thirds of all the members | ||
| elected to each house, as provided by Section 39, Article III, Texas | ||
| Constitution. If this Act does not receive the vote necessary for | ||
| immediate effect, this Act takes effect September 1, 2011. | ||
