| 1 | 1 | | 81R12450 JTS-D |
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| 2 | 2 | | By: Farrar H.B. No. 4080 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to environmental review of toll projects by certain local |
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| 8 | 8 | | toll project entities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter C, Chapter 284, Transportation Code, |
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| 11 | 11 | | is amended by adding Section 284.075 to read as follows: |
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| 12 | 12 | | Sec. 284.075. ENVIRONMENTAL REVIEW. The commissioners |
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| 13 | 13 | | court of a county or the board of directors of a local government |
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| 14 | 14 | | corporation, as applicable, by rule or order shall provide for the |
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| 15 | 15 | | county's or the corporation's environmental review of a project |
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| 16 | 16 | | that is not subject to review under the National Environmental |
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| 17 | 17 | | Policy Act (42 U.S.C. Section 4321 et seq.). The rules or orders |
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| 18 | 18 | | must be substantially similar to the department's rules under |
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| 19 | 19 | | Section 201.604, as those rules apply to a toll project of the |
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| 20 | 20 | | department. |
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| 21 | 21 | | SECTION 2. Subchapter E, Chapter 366, Transportation Code, |
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| 22 | 22 | | is amended by adding Section 366.186 to read as follows: |
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| 23 | 23 | | Sec. 366.186. ENVIRONMENTAL REVIEW. The board by rule |
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| 24 | 24 | | shall provide for an environmental review of a turnpike project |
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| 25 | 25 | | that is not subject to review under the National Environmental |
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| 26 | 26 | | Policy Act (42 U.S.C. Section 4321 et seq.). The rules must be |
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| 27 | 27 | | substantially similar to the department's rules under Section |
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| 28 | 28 | | 201.604, as those rules apply to a toll project of the department. |
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| 29 | 29 | | SECTION 3. Section 370.188(a), Transportation Code, is |
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| 30 | 30 | | amended to read as follows: |
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| 31 | 31 | | (a) An authority shall adopt rules for environmental review |
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| 32 | 32 | | of a transportation project that is not subject to review under the |
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| 33 | 33 | | National Environmental Policy Act (42 U.S.C. Section 4321 et seq.), |
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| 34 | 34 | | as amended. The rules must be substantially similar to the |
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| 35 | 35 | | department's rules under Section 201.604, as those rules apply to a |
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| 36 | 36 | | toll project of the department[: |
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| 37 | 37 | | [(1) specify the types of projects for which a public |
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| 38 | 38 | | hearing is required; |
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| 39 | 39 | | [(2) establish procedures for public comment on the |
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| 40 | 40 | | environmental review, including a procedure for requesting a public |
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| 41 | 41 | | hearing on an environmental review for which a public hearing is not |
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| 42 | 42 | | required; and |
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| 43 | 43 | | [(3) require: |
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| 44 | 44 | | [(A) an evaluation of any direct or indirect |
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| 45 | 45 | | environmental effect of the project; |
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| 46 | 46 | | [(B) an analysis of project alternatives; and |
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| 47 | 47 | | [(C) a written report that briefly explains the |
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| 48 | 48 | | authority's review of the project and that specifies any mitigation |
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| 49 | 49 | | measures on environmental harm on which the project is |
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| 50 | 50 | | conditioned]. |
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| 51 | 51 | | SECTION 4. This Act takes effect September 1, 2009. |
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