BILL NUMBER: AB 892 CHAPTERED
BILL TEXT
CHAPTER 482
FILED WITH SECRETARY OF STATE OCTOBER 6, 2011
APPROVED BY GOVERNOR OCTOBER 5, 2011
PASSED THE SENATE AUGUST 22, 2011
PASSED THE ASSEMBLY AUGUST 25, 2011
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, 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, 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, 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.
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, 2016, 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) Nothing in this section affects the obligation of the
department to comply with state and federal law.