Senate Bill No. 902

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, begin delete no later than end delete begin insert commencing end insert January 1,
begin delete 2016, end delete begin insert 2021, and every five years thereafter, end insert 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.

begin delete

(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.

end delete begin delete

(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.

end delete begin delete

(f)

end delete

begin insert (e) end insert  Nothing in this section affects the obligation of the
department to comply with state and federal law.