81R12450 JTS-D
By: Farrar H.B. No. 4080
A BILL TO BE ENTITLED
AN ACT
relating to environmental review of toll projects by certain local
toll project entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 284, Transportation Code,
is amended by adding Section 284.075 to read as follows:
Sec. 284.075. ENVIRONMENTAL REVIEW. The commissioners
court of a county or the board of directors of a local government
corporation, as applicable, by rule or order shall provide for the
county's or the corporation's environmental review of a project
that is not subject to review under the National Environmental
Policy Act (42 U.S.C. Section 4321 et seq.). The rules or orders
must be substantially similar to the department's rules under
Section 201.604, as those rules apply to a toll project of the
department.
SECTION 2. Subchapter E, Chapter 366, Transportation Code,
is amended by adding Section 366.186 to read as follows:
Sec. 366.186. ENVIRONMENTAL REVIEW. The board by rule
shall provide for an environmental review of a turnpike project
that is not subject to review under the National Environmental
Policy Act (42 U.S.C. Section 4321 et seq.). The rules must be
substantially similar to the department's rules under Section
201.604, as those rules apply to a toll project of the department.
SECTION 3. Section 370.188(a), Transportation Code, is
amended to read as follows:
(a) An authority shall adopt rules for environmental review
of a transportation project that is not subject to review under the
National Environmental Policy Act (42 U.S.C. Section 4321 et seq.),
as amended. The rules must be substantially similar to the
department's rules under Section 201.604, as those rules apply to a
toll project of the department[:
[(1) specify the types of projects for which a public
hearing is required;
[(2) establish procedures for public comment on the
environmental review, including a procedure for requesting a public
hearing on an environmental review for which a public hearing is not
required; and
[(3) require:
[(A) an evaluation of any direct or indirect
environmental effect of the project;
[(B) an analysis of project alternatives; and
[(C) a written report that briefly explains the
authority's review of the project and that specifies any mitigation
measures on environmental harm on which the project is
conditioned].
SECTION 4. This Act takes effect September 1, 2009.