BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 892|
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THIRD READING
Bill No: AB 892
Author: Carter (D)
Amended: 7/13/11 in Senate
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 9-0, 6/7/11
AYES: DeSaulnier, Gaines, Harman, Huff, Kehoe, Lowenthal,
Pavley, Rubio, Simitian
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 7-0, 7/6/11
AYES: Simitian, Strickland, Blakeslee, Hancock, Kehoe,
Lowenthal, Pavley
SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/15/11
AYES: Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley,
Steinberg
NO VOTE RECORDED: Price, Runner
ASSEMBLY FLOOR : 77-0, 5/16/11 (Consent) - See last page
for vote
SUBJECT : National Environmental Policy Act delegation to
the
Department of Transportation
SOURCE : Department of Transportation
DIGEST : This bill extends the sunset date from January
1, 2012 to January 1, 2017 to waive the states 11th
amendment right to sovereign immunity from lawsuits filed
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AB 892
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against the Department of Transportation (Caltrans) under
the National Environmental Policy Act (NEPA) in order to
allow Caltrans to continue its assumption of NEPA
responsibilities.
ANALYSIS : Under federal law, transportation projects in
California that use federal funds, require a federal
permit, are proposed to be built on federal land, or are
jointly undertaken by a federal agency are subject to
environmental review under NEPA. The Federal Highway
Administration (FHWA), on behalf of the U.S. Department of
Transportation (USDOT), has responsibility for reviewing
and approving NEPA documents prepared for federal-aid
highway projects proposed for construction in the state.
DOT assumes liability for the project in the event lawsuits
are filed under NEPA.
The last federal transportation authorization act - the
Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (SAFETEA-LU) - established
the Surface Transportation Project Delivery Pilot Program
(pilot program). The pilot program designates California
as one of five states eligible to apply to participate in a
multi-year program that delegates to the state the
responsibilities of USDOT and the FHWA under NEPA. The
responsibilities delegated to the state are subject to the
same procedural and substantive requirements as if they
were carried out by USDOT. The delegation to the state
makes Caltrans the lead agency for environmental reviews of
projects covered by NEPA. To participate in the program,
the state must accept the financial costs associated with
this delegated authority, as well as full liability for
lawsuits filed under NEPA in federal court, necessitating a
limited waiver of sovereign immunity.
In 2006, the Legislature passed AB 1039 (Nu�ez), Chapter
31, to grant the necessary waiver until January 1, 2009.
Following the Legislature's action, Caltrans entered into a
memorandum of understanding with FHWA to participate in the
program effective July 1, 2007. AB 2650 (Carter) Chapter
248, Statutes of 2008 extended the pilot program as well as
the 11th amendment waiver to January 1, 2012.
This bill:
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1. Extends the sunset date from January 1, 2012 to January
1, 2017, waiving the state's 11th amendment right to
sovereign immunity from lawsuits filed under NEPA.
2. Requires Caltrans to prepare a report analyzing the
costs and benefits of participating in the program and
to submit the report to the Legislature by January 1,
2016.
Comments
Impacts on Caltrans of managing pilot program . Caltrans
submitted a report on the impacts of the schedule for
delivery of highway projects last January, as required by
AB 2650. Caltrans reports: The analyses conducted for this
report indicate that NEPA environmental approvals under the
Pilot Program have taken substantially less time than
before the Pilot Program. These time savings have been
achieved by eliminating one layer of government review
formerly conducted by FHWA and consolidating NEPA reviews
with Caltrans. The analysis also shows that the time that
it takes to delivery Caltrans' projects has also been
substantially shortened.
By assuming responsibility for NEPA reviews under the pilot
program, as well as continuing its responsibility under
CEQA, environmental reviews for projects are consolidated
under one agency which provides clarity in decision-making
for the public and enhances departmental efficiency.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14
Fund
NEPA review staff costs $750 $1,500$1,500
Special*
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NEPA lawsuit liability $50
$100-$200$100-$200 Special*
Project delivery savingsunknown, potentially significant
savings Special*
resulting from avoided construction
cost
escalation
*State Highway Account
SUPPORT : (Verified 8/16/11)
Department of Transportation (source)
Alameda Corridor-East Construction Authority
Associated General Contractors - The California Chapters
Automobile Club of Southern California and AAA Northern
California
California State Association of Counties
City of Fowler
City of Kingsburg
City of Merced - Office of the Mayor
City of Selma
Contra Costa Transportation Authority
County of San Bernardino
Fresno Council of Governments
Kern Council of Governments
League of California Cities
Metropolitan Transportation Commission
Monterey County Board of Supervisors
Orange County Transportation Authority
Professional Engineers in California Government
San Bernardino Associated Governments
San Diego Association of Governments
Transportation Agency for Monterey County
Tulare County Association of Governments
Ventura County Transportation Commission
ASSEMBLY FLOOR :
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
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Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mendoza,
Miller, Mitchell, Monning, Morrell, Nestande, Nielsen,
Olsen, Pan, Perea, V. Manuel P�rez, Portantino, Silva,
Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Gorell, Mansoor, Norby
JJA:do 8/17/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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