BILL NUMBER: AB 863	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Torres

                        FEBRUARY 21, 2013

   An act to amend the heading of Article 4 (commencing with Section
820) of Chapter 4 of Division 1 of, and to add Section 820.2 to, the
Streets and Highways Code, relating to transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   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:

  SECTION 1.  The heading of Article 4 (commencing with Section 820)
of Chapter 4 of Division 1 of the Streets and Highways Code is
amended to read:

      Article 4.  State and Federal  Highway  Work
 on Transportation Projects 


  SEC. 2.  Section 820.2 is added to the Streets and Highways Code,
to read:
   820.2.  (a) The Department of Transportation may assume those
responsibilities for review and clearance of a transit project under
the National Environmental Policy Act of 1969 (NEPA), as authorized
by subsection (a) of Section 327 of Title 23 of the United States
Code, by entering into a memorandum of understanding with the federal
government office that approves NEPA documents for the federal
funding of transit projects.
   (b) 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 subsection (a) of Section 327 of Title 23 of the United
States Code.
   (c) In any action brought pursuant to subsection (a) of Section
327 of Title 23 of the United States Code, 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.
   (d) Nothing in this section affects the obligation of the
department to comply with state and federal law.
   (e) As used in this section, "transit project" means a railroad,
public transportation, or multimodal project pursuant to clause (ii)
of subparagraph (B) of paragraph (2) of subsection (a) of Section 327
of Title 23 of the United States Code.