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A BILL TO BE ENTITLED
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AN ACT
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relating to environmental review of toll projects by certain local |
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toll project entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 284, Transportation Code, |
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is amended by adding Section 284.075 to read as follows: |
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Sec. 284.075. ENVIRONMENTAL REVIEW. The commissioners |
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court of a county or the board of directors of a local government |
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corporation, as applicable, by rule or order shall provide for the |
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county's or the corporation's environmental review of a project |
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that is not subject to review under the National Environmental |
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Policy Act (42 U.S.C. Section 4321 et seq.). The rules or orders |
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must be substantially similar to the department's rules under |
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Section 201.604, as those rules apply to a toll project of the |
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department. |
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SECTION 2. Subchapter E, Chapter 366, Transportation Code, |
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is amended by adding Section 366.186 to read as follows: |
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Sec. 366.186. ENVIRONMENTAL REVIEW. The board by rule |
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shall provide for an environmental review of a turnpike project |
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that is not subject to review under the National Environmental |
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Policy Act (42 U.S.C. Section 4321 et seq.). The rules must be |
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substantially similar to the department's rules under Section |
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201.604, as those rules apply to a toll project of the department. |
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SECTION 3. Section 370.188(a), Transportation Code, is |
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amended to read as follows: |
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(a) An authority shall adopt rules for environmental review |
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of a transportation project that is not subject to review under the |
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National Environmental Policy Act (42 U.S.C. Section 4321 et seq.), |
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as amended. The rules must be substantially similar to the |
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department's rules under Section 201.604, as those rules apply to a |
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toll project of the department[:
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[(1)
specify the types of projects for which a public
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hearing is required;
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[(2)
establish procedures for public comment on the
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environmental review, including a procedure for requesting a public
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hearing on an environmental review for which a public hearing is not
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required; and
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[(3) require:
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[(A)
an evaluation of any direct or indirect
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environmental effect of the project;
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[(B) an analysis of project alternatives; and
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[(C)
a written report that briefly explains the
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authority's review of the project and that specifies any mitigation
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measures on environmental harm on which the project is
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conditioned]. |
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SECTION 4. This Act takes effect September 1, 2009. |