By: Nichols, et al.  S.B. No. 548
         (In the Senate - Filed February 8, 2011; February 17, 2011,
  read first time and referred to Committee on Transportation and
  Homeland Security; March 28, 2011, reported adversely, with
  favorable Committee Substitute by the following vote:  Yeas 9,
  Nays 0; March 28, 2011, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 548 By:  Nichols
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the environmental review process for transportation
  projects.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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 2.  Subchapter A, Chapter 222, Transportation Code,
  is amended by adding Sections 222.005 and 222.006 to read as
  follows:
         Sec. 222.005.  AUTHORIZATION TO PROVIDE ASSISTANCE TO
  EXPEDITE ENVIRONMENTAL REVIEW. (a)  The department, a county, a
  regional tollway authority operating under Chapter 366, or a
  regional mobility authority operating under Chapter 370 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 applicable entity's
  transportation projects, including those listed in the applicable
  metropolitan planning organization's long-range transportation
  plan under 23 U.S.C. Section 134.
         (b)  Except as provided by Subsection (c), an agreement
  entered into under this section:
               (1)  may specify transportation projects the
  applicable entity 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)  An entity entering into an agreement under this section
  shall make the agreement available on the entity's Internet
  website.
         Sec. 222.006.  ENVIRONMENTAL REVIEW CERTIFICATION PROCESS.
  The department by rule shall establish a process to certify
  department district environmental specialists to work on all
  documents related to state and federal environmental review
  processes. The certification process must:
               (1)  be available to department employees; and
               (2)  require continuing education for recertification.
         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.  Subsection (a), Section 201.607, Transportation
  Code, as amended by this Act, and Subsection (b-1), Section
  12.0011, Parks and Wildlife Code, as added by this Act, apply 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
  Subsection (a), Section 201.607, Transportation Code.
         SECTION 5.  This Act takes effect September 1, 2011.
 
  * * * * *