BILL ANALYSIS �
AB 892
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Date of Hearing: May 4, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 892 (Carter) - As Amended: April 27, 2011
Policy Committee:
TransportationVote:12-0 (Consent)
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill, as proposed to be amended , modifies the sunset for
the two Caltrans program under which the department streamlines
the environmental review process for transportation projects by
assuming the federal government's review responsibilities under
the National Environmental Policy Act (NEPA). Specifically,
this bill:
1)Extends the sunset date, from January 1, 2012, to January 1,
2019, for Caltrans to continue assuming federal
responsibilities pursuant to the NEPA Delegation Pilot Program
authorized under the federal Safe Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users
(SAFETEA-LU).
2)Eliminates the sunset date so that Caltrans can indefinitely
continue to assume federal responsibilities under NEPA
pursuant to the Categorical Exclusion (CE) Assignment Program
authorized under SAFETEA-LU.
3)Requires Caltrans to provide follow-up reports to the
Legislature-by January 1, 2015, and again by January 1,
2018-describing the program costs and benefits as specifically
required in currently law.
FISCAL EFFECT
Annual ongoing staff costs in the range of $1 million resulting
from extending/eliminating the sunset dates. These costs are
likely more than offset by overall project savings related to
time savings for environmental reviews that would otherwise be
AB 892
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done by the federal government. (State Highway Account)
COMMENTS
1)Background . In 2005, SAFETEA-LU authorized states to assume
the Federal Highway Administration's NEPA responsibilities in
two ways. The first was through the CE Assignment Program,
which allowed qualifying states on an ongoing basis to
determine if a transportation project qualifies for a CE, a
type of NEPA action that does not involve significant impacts.
The second program was the Pilot Program, which authorized
five states (including California) to apply to assume federal
authority for all other NEPA actions, such as Environmental
Impact Statements (EISs), which are typically produced for
larger, more complex projects. Unlike the CE Assignment
Program, the Pilot Program was offered only on a limited term
with the expiration of the program coinciding with the
expiration of SAFETEA-LU. Under both programs, the state is
required to enter into an MOU with the Federal Highway
Administration (FHWA) and agree to waive its 11th Amendment
sovereign immunity to be sued in federal court.
AB 1039 (Nunez)/Chapter 31 of 2006, authorized Caltrans to
carry out the responsibilities assumed under NEPA until
January 1, 2009, and identified specific reporting
requirements. AB 2650 (Carter)/Chapter 248 of 2008 extended
this authority to January 1, 2012.
2)Purpose . According to the author, this bill (sponsored by
Caltrans) will allow the department to continue participating
in the CE assignment program indefinitely and to continue to
participate in the Pilot Program through what is expected to
be the duration of the new federal transportation bill. (As
expiration of SAFETEA-LU neared in 2010, Congress extended the
authorization by continuing resolution until August 2012.
Caltrans expects the new federal transportation bill to
contain a provision for the Pilot Program, however, if it does
not, the Pilot Program would end.
3)Amendments . The amendments simply modifies the reporting dates
to correct a drafting error in the bill.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081
AB 892
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