| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the Texas Department of Transportation's environmental |
|
|
review process. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter H, Chapter 201, Transportation Code, |
|
|
is amended by adding Sections 201.6041 and 201.6042 to read as |
|
|
follows: |
|
|
Sec. 201.6041. AUTHORIZATION TO PROVIDE ASSISTANCE TO |
|
|
EXPEDITE ENVIRONMENTAL REVIEW. (a) The department may enter into |
|
|
an agreement to provide funds to a state or federal agency to |
|
|
expedite the agency's performance of its duties related to the |
|
|
environmental review process for the department's transportation |
|
|
projects. |
|
|
(b) Except as provided by Subsection (c), an agreement |
|
|
entered into under this section: |
|
|
(1) may specify transportation projects the |
|
|
department considers to be priorities for review; and |
|
|
(2) must require the agency receiving money to |
|
|
complete the environmental review in less time than is customary |
|
|
for the completion of environmental review by that agency. |
|
|
(c) The department may enter into a separate agreement for a |
|
|
transportation project that the department determines has regional |
|
|
importance. |
|
|
(d) An agreement entered into under this section does not |
|
|
diminish or modify the rights of the public regarding review and |
|
|
comment on transportation projects. |
|
|
(e) The department shall make each agreement entered into |
|
|
under this section available on the department's Internet website. |
|
|
Sec. 201.6042. ENVIRONMENTAL REVIEW CERTIFICATION PROCESS. |
|
|
The department by rule shall establish a process to certify |
|
|
district environmental specialists to work on all documents related |
|
|
to state and federal environmental review processes. The |
|
|
certification process must: |
|
|
(1) be available to: |
|
|
(A) department employees; and |
|
|
(B) private contractors and local government |
|
|
employees who routinely work with the department; and |
|
|
(2) require continuing education for recertification. |
|
|
SECTION 2. Section 201.607, Transportation Code, is amended |
|
|
by amending Subsection (a) and adding Subsection (c) to read as |
|
|
follows: |
|
|
(a) Not later than January 1, 1997, and every fifth year |
|
|
after that date, the department and each state agency that is |
|
|
responsible for the protection of the natural environment or for |
|
|
the preservation of historical or archeological resources shall |
|
|
examine and revise their memorandum of understanding that: |
|
|
(1) describes the responsibilities of each agency |
|
|
entering into the memorandum relating to the review of the |
|
|
potential environmental, historical, or archeological effect of a |
|
|
highway project; |
|
|
(2) specifies the responsibilities of each agency |
|
|
entering into the memorandum relating to the review of a highway |
|
|
project; |
|
|
(3) specifies the types of information the department |
|
|
must provide to the reviewing agency and the period during which the |
|
|
department must provide the information; |
|
|
(4) specifies the period during which the reviewing |
|
|
agency must review the highway project and provide comments to the |
|
|
department, as negotiated by the department and the agency but |
|
|
which may not exceed 45 days after the date the agency receives a |
|
|
request for comments from the department; [and] |
|
|
(5) specifies that comments submitted to the |
|
|
department later than the period specified under Subdivision (4) |
|
|
will be considered by the department to the extent possible; and |
|
|
(6) includes any other agreement necessary for the |
|
|
effective coordination of the review of the environmental, |
|
|
historical, or archeological effect of a highway project. |
|
|
(c) The department by rule shall establish procedures |
|
|
concerning coordination with agencies in carrying out |
|
|
responsibilities under agreements under this section. |
|
|
SECTION 3. Section 12.0011, Parks and Wildlife Code, is |
|
|
amended by adding Subsection (b-1) to read as follows: |
|
|
(b-1) Recommendations and information submitted by the |
|
|
department under Subsection (b) in response to a request for |
|
|
comments from the Texas Department of Transportation must be |
|
|
submitted not later than the 45th day after the date the department |
|
|
receives the request. |
|
|
SECTION 4. The change in law made by this Act to Section |
|
|
201.607(a), Transportation Code, as amended by this Act, and |
|
|
Section 12.0011(b-1), Parks and Wildlife Code, as added by this |
|
|
Act, applies only to a request for comments from the Texas |
|
|
Department of Transportation received by a state agency on or after |
|
|
the effective date of this Act. As necessary, the Texas Department |
|
|
of Transportation and each affected state agency shall promptly |
|
|
revise the memorandum of understanding required by Section 201.607, |
|
|
Transportation Code, to implement the change made by this Act to |
|
|
Section 201.607(a), Transportation Code. |
|
|
SECTION 5. This Act takes effect September 1, 2011. |