AB 863, as introduced, Torres. Transit projects: environmental review process.
Existing federal law authorizes the United States Secretary of Transportation to enter into an agreement with a state under which the state assumes the responsibilities of the secretary with respect to federal environmental review and clearance under the National Environmental Policy Act of 1969 (NEPA) with respect to one or more transportation projects, as specified. Existing law, until January 1, 2017, authorizes the Department of Transportation, for transportation projects under its jurisdiction, to assume those responsibilities for federally funded surface transportation projects subject to NEPA. Existing law provides that the State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of those responsibilities, and further provides that the department may not assert immunity from suit under the 11th Amendment to the United States Constitution with regard to actions brought relative to those responsibilities under federal law.
This bill would authorize the department to assume similar responsibilities for federal review and clearance under NEPA for a transit project, as defined, that is subject to NEPA. The bill would provide that the State of California consents to the jurisdiction of the federal courts in that regard, and further provides that the department may not assert immunity from suit under the 11th Amendment to the United States Constitution with regard to actions brought relative to those responsibilities under federal law.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The heading of Article 4 (commencing with
2Section 820) of Chapter 4 of Division 1 of the Streets and
3Highways Code is amended to read:
4
Section 820.2 is added to the Streets and Highways
9Code, to read:
(a) The Department of Transportation may assume
11those responsibilities for review and clearance of a transit project
12under the National Environmental Policy Act of 1969 (NEPA), as
13authorized by subsection (a) of Section 327 of Title 23 of the
14United States Code, by entering into a memorandum of
15understanding with the federal government office that approves
16NEPA documents for the federal funding of transit projects.
17(b) The State of California consents to the jurisdiction of the
18federal courts with regard to the compliance, discharge, or
19enforcement of the responsibilities assumed by the department
20pursuant to subsection (a) of Section 327 of Title 23 of the United
21States Code.
22(c) In any action brought pursuant to subsection (a) of Section
23327 of Title 23 of the United States Code, no immunity from suit
24may be asserted by the department pursuant to the Eleventh
25Amendment to the United States Constitution, and any immunity
26is hereby waived.
27(d) Nothing in this section affects the obligation of the
28department to comply with state and federal law.
29(e) As used in this section, “transit project” means a railroad,
30public transportation, or multimodal project pursuant to clause (ii)
P3 1of subparagraph (B) of paragraph (2) of subsection (a) of Section
2327 of Title 23 of the United States Code.
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