AB 1833, as amended, Linder. Transportation projects: environmental mitigation.
(1) The
end deletebegin insert Theend insert California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect, subject to certain exceptions.
The bill would create the Advanced Mitigation Program in the Department of Transportation to implement environmental mitigation measures in advance of future transportation projects.begin insert The bill, by February 1, 2017, would require the department to establish a steering committee to advise the department in that regard.end insert
(2) 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.
end deleteThis bill would delete the January 1, 2017, repeal date and thereby extend these provisions indefinitely.
end delete(3) Existing federal law requires the United States Secretary of Transportation to select, from states already approved to assume the above-referenced federal responsibilities for environmental review and clearance of transportation projects, a maximum of 5 states to participate in a program under which states may conduct environmental reviews and make approvals for projects under state environmental laws and regulations rather than under the National Environmental Policy Act of 1969, subject to certain conditions, including the consent of participating states to the jurisdiction of the federal courts in these matters.
end deleteThis bill would extend the consent of the State of California to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities the Department of Transportation may assume as a participant in this program.
end deleteVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Article 2.5 (commencing with Section 800) is
2added to Chapter 4 of Division 1 of the Streets and Highways
3Code, to read:
4
(a) The Advanced Mitigation Program is hereby created
8in the department to accelerate project delivery and improve
9environmental outcomes of environmental mitigation for
10transportation infrastructure projects.
11(b) For the purposes of this article, “advanced mitigation” means
12mitigation implemented before, and in anticipation of,
13environmental effects of future transportation projects. This
14program may utilize mitigation instruments including, but not
15limited to, mitigation banks, in lieu of fee programs, and
P3 1conservation easements as defined in Section 815.1 of the Civil
2Code.
3(c) The department
shall track all implemented advanced
4mitigation projects to use as credits for environmental mitigation
5for state-sponsored transportation projects.
6(d) The department may use advanced mitigation credits to
7fulfill mitigation requirements of any environmental law for a
8transportation project eligible for the State Transportation
9Improvement Program or the State Highway Operation and
10Protection Program.
11(e) No later than February 1, 2017, the department shall establish
12an interagency transportation advanced mitigation steering
13committee consisting of the department and appropriate state and
14federal agencies to support the Advanced Mitigation Program so
15that advanced mitigation can be used as required mitigation for
16future transportation projects and provide improved environmental
17outcomes.
The committee shall advise the department of
18opportunities to carry out advanced mitigation projects, provide
19the best available science, and actively participate in mitigation
20instrument reviews and approvals. The committee shall seek to
21develop streamlining opportunities, including those related to
22landscape scale mitigation planning, and alignment of federal and
23state regulations and procedures related to mitigation requirements
24and implementation. The committee shall also provide input on
25crediting, using, and tracking of advanced mitigation investments.
Section 820.1 of the Streets and Highways Code is
27amended to read:
(a) The State of California consents to the jurisdiction
29of the federal courts with regard to the compliance, discharge, or
30enforcement of the responsibilities assumed by the department
31pursuant to Section 326 of, subsection (a) of Section 327 of, and
32Section 330 of, Title 23 of the United States Code.
33(b) In any action brought pursuant to the federal laws described
34in subdivision (a), no immunity from suit may be asserted by the
35department pursuant to the Eleventh Amendment to the United
36States Constitution, and any immunity is hereby waived.
37(c) The department shall not delegate any of its responsibilities
38assumed pursuant to the federal laws described in subdivision (a)
39to any political subdivision of the state or its instrumentalities.
P4 1(d) The department shall, no later than January 1, 2016, submit
2a report to the Legislature that includes the following with respect
3to responsibilities assumed by the department pursuant to Section
4326 of, and subsection (a) of Section 327 of, Title 23 of the United
5States Code:
6(1) A comparative analysis of the environmental review process
7under the National Environmental Policy Act (Chapter 55
8(commencing with Section
4321) of Title 42 of the United States
9Code) for the 30 projects, excluding those projects categorically
10excluded from environmental review, undertaken immediately
11preceding the enactment of this section that involved the Federal
12Highway Administration and the environmental review process
13for all projects, excluding those projects categorically excluded
14from environmental review, undertaken following the enactment
15of this section that did not involve the Federal Highway
16Administration. This analysis shall include department- and local
17agency-sponsored projects, and shall address the following:
18(A) For each project included in the analysis, the environmental
19review process under the National Environmental Policy Act,
20including which state and federal agencies reviewed the
21environmental documents and the amount of time the documents
22were reviewed by each agency, shall be described.
23(B) The points in the environmental review process under the
24National Environmental Policy Act when project delays occurred
25and the nature of the delays.
26(C) The time saved in the environmental review process for
27projects undertaken following the enactment of this section in
28comparison to the review process for projects undertaken prior to
29the enactment of this section, and the points in the review process
30when time was saved.
31(D) The circumstances when the Federal Highway
32Administration hindered and facilitated project delivery.
33(2) All financial costs incurred by the department to assume the
34responsibilities pursuant to Section 326 of, and subsection (a) of
35Section 327 of, Title 23 of the United States Code, including, but
36not limited to, the following:
37(A) Personnel to conduct and review environmental documents
38and to manage litigation.
39(B) Administrative costs.
40(C) Litigation.
P5 1(3) An explanation of all litigation initiated against the
2department for the responsibilities assumed pursuant to Section
3326 of, subsection (a) of Section 327 of, Title 23 of the United
4States Code.
5(4) A comparison of all costs and benefits of assuming these
6responsibilities.
7(5) An assessment of overall project delivery time from the time
8environmental studies begin to the time the project is ready to
9advertise for construction, including the time required for each
10project phase and distinguishing
between different types of
11environmental documents and between projects on the state
12highway system and local assistance projects. The department may
13also include other variables that it determines may be useful in the
14assessment.
15(e) Nothing in this section affects the obligation of the
16department to comply with state and federal law.
O
98