Bill Text: CA SB902 | 2015-2016 | Regular Session | Introduced
Bill Title: Department of Transportation: environmental review process: federal program.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [SB902 Detail]
Download: California-2015-SB902-Introduced.html
BILL NUMBER: SB 902 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Cannella
JANUARY 21, 2016
An act to amend Section 820.1 of the Streets and Highways Code,
relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 902, as introduced, Cannella. Department of Transportation:
environmental review process: federal program.
Existing federal law requires the United States Secretary of
Transportation to carry out a surface transportation project delivery
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, until January 1, 2017,
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 the Department of Transportation
assumed as a participant in this program. Existing law requires the
department, no later than January 1, 2016, to submit a report to the
Legislature that includes specified elements.
This bill would require the department to instead submit that
report to the Legislature commencing January 1, 2021, and every 5
years thereafter. The bill would also delete the January 1, 2017,
repeal date and thereby extend these provisions indefinitely.
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
commencing January 1, 2016, 2021, and
every five years thereafter, 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 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) 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)
(e) Nothing in this section affects the obligation of
the department to comply with state and federal law.
