California 2017-2018 Regular Session

California Assembly Bill AB28 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Assembly Bill No. ~~28 CHAPTER 4~~ An act to add and repeal Section 820.1 of the Streets and Highways Code, relating to transportation, and declaring the urgency thereof, to take effect immediately. ~~[ Approved by Governor March 29, 2017. Filed with Secretary of State March 29, 2017. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 28, Frazier. Department of Transportation: environmental review process: federal pilot program.Existing law gives the Department of Transportation full possession and control of the state highway system. Existing federal law requires the United States Secretary of Transportation to carry out a surface transportation project delivery pilot program, under which the participating states assume certain responsibilities for environmental review and clearance of transportation projects that would otherwise be the responsibility of the federal government. Existing law, until January 1, 2017, provided that the State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities it assumed as a participant in the pilot program.This bill would reinstate the operation of the latter provision. The bill would repeal that provision on January 1, 2020.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 820.1 is added to the Streets and Highways Code, to read:820.1. (a) The State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities assumed by the department pursuant to Section 326 of, and subsection (a) of Section 327 of, Title 23 of the United States Code.(b) In any action brought pursuant to the federal laws described in subdivision (a), no immunity from suit may be asserted by the department pursuant to the Eleventh Amendment to the United States Constitution, and any immunity is hereby waived.(c) The department shall not delegate any of its responsibilities assumed pursuant to the federal laws described in subdivision (a) to any political subdivision of the state or its instrumentalities.(d) This section does not affect the obligation of the department to comply with state and federal law.(e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:To expedite the participation of the Department of Transportation in the federal surface transportation project delivery pilot program, it is necessary for this measure to take effect immediately.
	1	+	Enrolled March 22, 2017 Passed IN Senate March 16, 2017 Passed IN Assembly March 20, 2017 Amended IN Senate March 02, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 28Introduced by Assembly Member Frazier(Principal coauthor: Assembly Member Salas)(Coauthors: Assembly Members Baker, Fong, Eduardo Garcia, and Mathis)(Principal coauthor: Senator Galgiani)December 05, 2016 An act to add and repeal Section 820.1 of the Streets and Highways Code, relating to transportation, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGESTAB 28, Frazier. Department of Transportation: environmental review process: federal pilot program.Existing law gives the Department of Transportation full possession and control of the state highway system. Existing federal law requires the United States Secretary of Transportation to carry out a surface transportation project delivery pilot program, under which the participating states assume certain responsibilities for environmental review and clearance of transportation projects that would otherwise be the responsibility of the federal government. Existing law, until January 1, 2017, provided that the State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities it assumed as a participant in the pilot program.This bill would reinstate the operation of the latter provision. The bill would repeal that provision on January 1, 2020.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 820.1 is added to the Streets and Highways Code, to read:820.1. (a) The State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities assumed by the department pursuant to Section 326 of, and subsection (a) of Section 327 of, Title 23 of the United States Code.(b) In any action brought pursuant to the federal laws described in subdivision (a), no immunity from suit may be asserted by the department pursuant to the Eleventh Amendment to the United States Constitution, and any immunity is hereby waived.(c) The department shall not delegate any of its responsibilities assumed pursuant to the federal laws described in subdivision (a) to any political subdivision of the state or its instrumentalities.(d) This section does not affect the obligation of the department to comply with state and federal law.(e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:To expedite the participation of the Department of Transportation in the federal surface transportation project delivery pilot program, it is necessary for this measure to take effect immediately.
2	2
3		-	Assembly Bill No. 28 CHAPTER 4 An act to add and repeal Section 820.1 of the Streets and Highways Code, relating to transportation, and declaring the urgency thereof, to take effect immediately. [ Approved by Governor March 29, 2017. Filed with Secretary of State March 29, 2017. ] LEGISLATIVE COUNSEL'S DIGESTAB 28, Frazier. Department of Transportation: environmental review process: federal pilot program.Existing law gives the Department of Transportation full possession and control of the state highway system. Existing federal law requires the United States Secretary of Transportation to carry out a surface transportation project delivery pilot program, under which the participating states assume certain responsibilities for environmental review and clearance of transportation projects that would otherwise be the responsibility of the federal government. Existing law, until January 1, 2017, provided that the State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities it assumed as a participant in the pilot program.This bill would reinstate the operation of the latter provision. The bill would repeal that provision on January 1, 2020.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO
	3	+	Enrolled March 22, 2017 Passed IN Senate March 16, 2017 Passed IN Assembly March 20, 2017 Amended IN Senate March 02, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 28Introduced by Assembly Member Frazier(Principal coauthor: Assembly Member Salas)(Coauthors: Assembly Members Baker, Fong, Eduardo Garcia, and Mathis)(Principal coauthor: Senator Galgiani)December 05, 2016 An act to add and repeal Section 820.1 of the Streets and Highways Code, relating to transportation, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGESTAB 28, Frazier. Department of Transportation: environmental review process: federal pilot program.Existing law gives the Department of Transportation full possession and control of the state highway system. Existing federal law requires the United States Secretary of Transportation to carry out a surface transportation project delivery pilot program, under which the participating states assume certain responsibilities for environmental review and clearance of transportation projects that would otherwise be the responsibility of the federal government. Existing law, until January 1, 2017, provided that the State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities it assumed as a participant in the pilot program.This bill would reinstate the operation of the latter provision. The bill would repeal that provision on January 1, 2020.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO
	4	+
	5	+	Enrolled March 22, 2017 Passed IN Senate March 16, 2017 Passed IN Assembly March 20, 2017 Amended IN Senate March 02, 2017
	6	+
	7	+	Enrolled March 22, 2017
	8	+	Passed IN Senate March 16, 2017
	9	+	Passed IN Assembly March 20, 2017
	10	+	Amended IN Senate March 02, 2017
	11	+
	12	+	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
4	13
5	14		Assembly Bill No. 28
6		-	CHAPTER 4
	15	+
	16	+	Introduced by Assembly Member Frazier(Principal coauthor: Assembly Member Salas)(Coauthors: Assembly Members Baker, Fong, Eduardo Garcia, and Mathis)(Principal coauthor: Senator Galgiani)December 05, 2016
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	18	+	Introduced by Assembly Member Frazier(Principal coauthor: Assembly Member Salas)(Coauthors: Assembly Members Baker, Fong, Eduardo Garcia, and Mathis)(Principal coauthor: Senator Galgiani)
	19	+	December 05, 2016
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8	21		An act to add and repeal Section 820.1 of the Streets and Highways Code, relating to transportation, and declaring the urgency thereof, to take effect immediately.
9		-
10		-	[ Approved by Governor March 29, 2017. Filed with Secretary of State March 29, 2017. ]
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12	23		LEGISLATIVE COUNSEL'S DIGEST
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14	25		## LEGISLATIVE COUNSEL'S DIGEST
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16	27		AB 28, Frazier. Department of Transportation: environmental review process: federal pilot program.
17	28
18	29		Existing law gives the Department of Transportation full possession and control of the state highway system. Existing federal law requires the United States Secretary of Transportation to carry out a surface transportation project delivery pilot program, under which the participating states assume certain responsibilities for environmental review and clearance of transportation projects that would otherwise be the responsibility of the federal government. Existing law, until January 1, 2017, provided that the State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities it assumed as a participant in the pilot program.This bill would reinstate the operation of the latter provision. The bill would repeal that provision on January 1, 2020.This bill would declare that it is to take effect immediately as an urgency statute.
19	30
20	31		Existing law gives the Department of Transportation full possession and control of the state highway system. Existing federal law requires the United States Secretary of Transportation to carry out a surface transportation project delivery pilot program, under which the participating states assume certain responsibilities for environmental review and clearance of transportation projects that would otherwise be the responsibility of the federal government. Existing law, until January 1, 2017, provided that the State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities it assumed as a participant in the pilot program.
21	32
22	33		This bill would reinstate the operation of the latter provision. The bill would repeal that provision on January 1, 2020.
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24	35		This bill would declare that it is to take effect immediately as an urgency statute.
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26	37		## Digest Key
27	38
28	39		## Bill Text
29	40
30	41		The people of the State of California do enact as follows:SECTION 1. Section 820.1 is added to the Streets and Highways Code, to read:820.1. (a) The State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities assumed by the department pursuant to Section 326 of, and subsection (a) of Section 327 of, Title 23 of the United States Code.(b) In any action brought pursuant to the federal laws described in subdivision (a), no immunity from suit may be asserted by the department pursuant to the Eleventh Amendment to the United States Constitution, and any immunity is hereby waived.(c) The department shall not delegate any of its responsibilities assumed pursuant to the federal laws described in subdivision (a) to any political subdivision of the state or its instrumentalities.(d) This section does not affect the obligation of the department to comply with state and federal law.(e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:To expedite the participation of the Department of Transportation in the federal surface transportation project delivery pilot program, it is necessary for this measure to take effect immediately.
31	42
32	43		The people of the State of California do enact as follows:
33	44
34	45		## The people of the State of California do enact as follows:
35	46
36	47		SECTION 1. Section 820.1 is added to the Streets and Highways Code, to read:820.1. (a) The State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities assumed by the department pursuant to Section 326 of, and subsection (a) of Section 327 of, Title 23 of the United States Code.(b) In any action brought pursuant to the federal laws described in subdivision (a), no immunity from suit may be asserted by the department pursuant to the Eleventh Amendment to the United States Constitution, and any immunity is hereby waived.(c) The department shall not delegate any of its responsibilities assumed pursuant to the federal laws described in subdivision (a) to any political subdivision of the state or its instrumentalities.(d) This section does not affect the obligation of the department to comply with state and federal law.(e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
37	48
38	49		SECTION 1. Section 820.1 is added to the Streets and Highways Code, to read:
39	50
40	51		### SECTION 1.
41	52
42	53		820.1. (a) The State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities assumed by the department pursuant to Section 326 of, and subsection (a) of Section 327 of, Title 23 of the United States Code.(b) In any action brought pursuant to the federal laws described in subdivision (a), no immunity from suit may be asserted by the department pursuant to the Eleventh Amendment to the United States Constitution, and any immunity is hereby waived.(c) The department shall not delegate any of its responsibilities assumed pursuant to the federal laws described in subdivision (a) to any political subdivision of the state or its instrumentalities.(d) This section does not affect the obligation of the department to comply with state and federal law.(e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
43	54
44	55		820.1. (a) The State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities assumed by the department pursuant to Section 326 of, and subsection (a) of Section 327 of, Title 23 of the United States Code.(b) In any action brought pursuant to the federal laws described in subdivision (a), no immunity from suit may be asserted by the department pursuant to the Eleventh Amendment to the United States Constitution, and any immunity is hereby waived.(c) The department shall not delegate any of its responsibilities assumed pursuant to the federal laws described in subdivision (a) to any political subdivision of the state or its instrumentalities.(d) This section does not affect the obligation of the department to comply with state and federal law.(e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
45	56
46	57		820.1. (a) The State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities assumed by the department pursuant to Section 326 of, and subsection (a) of Section 327 of, Title 23 of the United States Code.(b) In any action brought pursuant to the federal laws described in subdivision (a), no immunity from suit may be asserted by the department pursuant to the Eleventh Amendment to the United States Constitution, and any immunity is hereby waived.(c) The department shall not delegate any of its responsibilities assumed pursuant to the federal laws described in subdivision (a) to any political subdivision of the state or its instrumentalities.(d) This section does not affect the obligation of the department to comply with state and federal law.(e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
47	58
48	59
49	60
50	61		820.1. (a) The State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of the responsibilities assumed by the department pursuant to Section 326 of, and subsection (a) of Section 327 of, Title 23 of the United States Code.
51	62
52	63		(b) In any action brought pursuant to the federal laws described in subdivision (a), no immunity from suit may be asserted by the department pursuant to the Eleventh Amendment to the United States Constitution, and any immunity is hereby waived.
53	64
54	65		(c) The department shall not delegate any of its responsibilities assumed pursuant to the federal laws described in subdivision (a) to any political subdivision of the state or its instrumentalities.
55	66
56	67		(d) This section does not affect the obligation of the department to comply with state and federal law.
57	68
58	69		(e) This section shall remain in effect only until January 1, 2020, and as of that date is repealed.
59	70
60	71		SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:To expedite the participation of the Department of Transportation in the federal surface transportation project delivery pilot program, it is necessary for this measure to take effect immediately.
61	72
62	73		SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:To expedite the participation of the Department of Transportation in the federal surface transportation project delivery pilot program, it is necessary for this measure to take effect immediately.
63	74
64	75		SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
65	76
66	77		### SEC. 2.
67	78
68	79		To expedite the participation of the Department of Transportation in the federal surface transportation project delivery pilot program, it is necessary for this measure to take effect immediately.