|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the environmental review of certain transportation |
|
projects by the Texas Department of Transportation |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 201, Transportation Code, is amended by |
|
adding Subchapter P to read as follows: |
|
SUBCHAPTER P. OPTIONAL ENVIRONMENTAL REVIEW PROCESS |
|
FOR LOCALLY-SPONSORED PROJECTS |
|
Sec. 201.1001 DEFINITIONS. In this Subchapter: |
|
(1) "Construction costs" has the same meaning assigned |
|
by Section 370.004, Transportation Code. |
|
(2) "Environmental decision" means for state review |
|
projects, the department's approval of a categorical exclusion, a |
|
finding of no significant impact, the findings of a re-evaluation, |
|
or the execution of a record of decision. |
|
(3) "Project," including within the term "state review |
|
project," means a highway or related improvement on the state |
|
highway system. For the purposes of this subchapter, "highway," |
|
"improvement" and "state highway system" shall have the meanings |
|
assigned by Section 221.001. |
|
(4) "Sponsor" means a political subdivision of the |
|
state that elects to participate in the planning, development or |
|
construction of a state review project, including a municipality or |
|
a county, a political subdivision of a county, a group of adjoining |
|
counties, a district organized or operating under Section 52, |
|
Article III, or Section 59, Article XVI, Texas Constitution, a |
|
regional tollway authority created under Chapter 366, a regional |
|
mobility authority operating under Chapter 370, or a nonprofit |
|
corporation, including a transportation corporation created under |
|
Chapter 431. |
|
(5) "State review project" means a transportation |
|
project subject to environmental review by the department, but that |
|
does not require, in its entirety, federal review under the |
|
National Environmental Policy Act (42 U.S.C. 4321, et seq.) or |
|
Section 4(f), Department of Transportation Act of 1966 (23 U.S.C. |
|
138 and 49 U.S.C. 303). |
|
Sec. 201.1002. PURPOSES. The purposes of this subchapter |
|
are to: |
|
(1) increase public safety; |
|
(2) ensure timely compliance with environmental |
|
review requirements for state review projects; |
|
(3) enhance a sponsor's ability to participate in |
|
project development; and |
|
(4) prevent delays that substantially increase the |
|
cost of state review projects. |
|
Sec. 201.1003. ELIGIBILITY. (a) A state review project |
|
qualifies for review under the procedures provided by this |
|
subchapter if the sponsor retains, at its own expense, qualified |
|
engineers, consultants and legal counsel to ensure the preparation |
|
of draft environmental documents in compliance with applicable law |
|
and either: |
|
(1) assumes at least 25 percent of project |
|
construction costs, either on a permanent or pass-through basis; or |
|
(2) pays an application fee equal to one percent of the |
|
estimated project construction costs. |
|
(b) The eligibility of a project under Subsection (a)(1) of |
|
this section shall not be affected by an agreement for |
|
reimbursement of some or all project costs between the sponsor and |
|
the department, another agency or political subdivision of the |
|
state, or any other public or private entity. |
|
Sec. 201.1004. INITIATION OF ENVIRONMENTAL REVIEW PROCESS. |
|
A sponsor initiates the environmental review process under this |
|
subchapter by submitting to the department a declaration of intent |
|
to proceed that contains the following: |
|
(1) a certification of the project's eligibility under |
|
Section 201.1003(a)(1) or payment of the application fee under |
|
Section 201.1003(a)(2); |
|
(2) a statement of qualifications for the engineers, |
|
consultants and legal counsel retained to provide services in |
|
connection with the environmental review process; and |
|
(3) a proposed memorandum of agreement pursuant that |
|
satisfies the requirements of Section 201.1005. |
|
Sec. 201.1005. MEMORANDUM OF AGREEMENT. (a) The |
|
department shall enter into a memorandum of agreement with a |
|
sponsor who elects to proceed under this subchapter not later than |
|
45 days after the date that the sponsor's notice of intent is |
|
received by the department. Subject to the requirements of |
|
subsections (b) and (c), the agreement must: |
|
(1) describe the purpose and need of the project; |
|
(2) establish the scope of review; |
|
(3) provide plans for public involvement, agency |
|
coordination and legal sufficiency review; |
|
(4) provide for the coordination of environmental |
|
review and permitting procedures; |
|
(5) include a schedule and related deadlines for tasks |
|
to be performed by the sponsor, which may include delivery of draft |
|
environmental documents, development of comment responses and |
|
revisions to documents, elements of the public involvement and |
|
agency coordination process, and negotiating the issuance of |
|
permits and securing related mitigation; and |
|
(6) include a schedule and related deadlines for tasks |
|
to be performed by the department, including review and provision |
|
of comments on documents, elements of the public involvement and |
|
agency coordination process, responses to comments, and the |
|
issuance of an environmental decision. |
|
(b) An agreement under this section: |
|
(1) may include other terms relating to the |
|
environmental review or permitting process that are mutually |
|
acceptable to the sponsor and the department and allowed by |
|
applicable law; |
|
(2) may be amended only in writing with the consent of |
|
the parties; and |
|
(3) shall not diminish the rights of the public |
|
regarding review and comment on projects. |
|
(c) The department may not require the sponsor to consent to |
|
extension of any deadline as a condition to any other approval, |
|
consent or authorization required for the project. |
|
Sec. 201.1006. REVIEW TIMEFRAMES. (a) The department |
|
shall render an environmental decision on a state review project |
|
reviewed under this subchapter by the date specified in the |
|
memorandum of agreement required by Section 201.1005. |
|
(b) If the department and the sponsor fail to execute a |
|
memorandum of agreement by the date required in Section |
|
201.1005(a), then the following deadlines apply: |
|
(1) the department shall issue a classification letter |
|
no later than the 45th day after the date the sponsor's request for |
|
classification is received by the department; |
|
(2) for a project classified as a programmatic |
|
categorical exclusion, the environmental decision must be rendered |
|
no later than the 60th day after the date the sponsor's supporting |
|
documentation is received by the department; |
|
(3) for a project classified as a categorical |
|
exclusion, the environmental decision must be rendered not later |
|
than the 90th day after the date the sponsor's supporting |
|
documentation is received by the department; |
|
(4) for a project that requires the preparation of an |
|
environmental assessment: |
|
(A) the department must provide the sponsor with |
|
all department comments on a draft environmental assessment not |
|
later than the 90th day after the date that the draft is received by |
|
the department; and |
|
(B) the department must render an environmental |
|
decision on the project not later than the 60th day after the date |
|
that: (i) the sponsor's revised environmental assessment is |
|
submitted to the department, or (ii) the conclusion of the public |
|
involvement process, whichever occurs later; |
|
(5) the department must render an environmental |
|
decision on any re-evaluation requested by the sponsor no later |
|
than the 120th day after the date the sponsor's supporting |
|
documentation is received by the department; and |
|
(6) for any project that requires the preparation of |
|
an environmental impact statement, the department shall render an |
|
environmental decision not later than two years after the date of |
|
the classification letter. |
|
Sec. 201.1007. RULES. (a) The department may adopt rules |
|
for the implementation of this subchapter. |
|
(b) The availability of the process provided by this |
|
subchapter shall not be delayed pending the adoption of rules under |
|
subsection (a). |
|
SECTION 2. TRANSITION. A sponsor may initiate the optional |
|
procedures provided under this Act regarding any eligible state |
|
review project for which the department has not issued an |
|
environmental decision as of the effective date of this Act. |
|
SECTION 3. EFFECTIVE DATE. This Act takes effect |
|
immediately if it receives a vote of two-thirds of all the members |
|
elected to each house, as provided by Section 39, Article III, Texas |
|
Constitution. If this Act does not receive the vote necessary for |
|
immediate effect, this Act takes effect September 1, 2011. |