By: Darby H.B. No. 3623
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. Subchapter H, Chapter 201, Transportation Code,
is amended by adding Section 201.6042 to read as follows:
Sec. 201.6042. ENVIRONMENTAL REVIEW CERTIFICATION PROCESS.
The commission by rule shall establish a process to certify
environmental specialists, public involvement specialists,
engineers, and attorneys to work on all documents related to state
and federal environmental review processes. The certification
process must:
(1) be available to:
(A) department employees; and
(B) private contractors and local government
employees who routinely work with the department relating to state
or federal environmental review processes; and
(2) require continuing education for recertification.
SECTION 2. Chapter 201, Transportation Code, is amended by
adding Subchapter P to read as follows:
SUBCHAPTER P. ENVIRONMENTAL REVIEW PROCESS
Sec. 201.1001. DEFINITIONS. In this subchapter:
(1) "Sponsor" means a political subdivision of the
state, 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 transportation corporation created under
Chapter 431 or other nonprofit corporation, that elects to
participate in the planning, development, or construction of a
transportation project.
(2) "Transportation project" means a highway or
related improvement on the state highway system or a federal aid
off-system project.
Sec. 201.1002. STANDARDS. (a) The commission by rule shall
set standards for processing an environmental review document for a
transportation project.
(b) Each person who prepares or submits a document for
review by the department under this subchapter, whether an
engineer, consultant, or attorney must hold a valid certificate
issued by the department under Section 201.6042.
(c) Before the department may process an environmental
review document a detailed scope of the project must be prepared.
(d) The standards adopted under this section must contain:
(1) the required process and content of a draft
environmental document, with specific standards for each type of
environmental documents that may be prepared;
(2) review timeframes by which the department will
render an environmental decision on a project and the timeframes by
which the department will make a recommendation to the federal
highway administration if the transportation project is a federal
project.
(e) Review timeframes are tolled during any period for
which:
(1) the environmental document or related reports are
being revised;
(2) the transportation project is the subject of
additional work, including a change in design of the project, and
during the identification and resolution of new significant issues;
and
(3) legal counsel for the department has identified an
issue concerning compliance with applicable law.
(f) If a sponsor prepares an environmental review document
for a project under Section 201.1003, the department shall make a
determination whether the documents submitted by the sponsor are
administratively complete and ready for technical review not later
than the 20th day after the date that the sponsor submits documents
to the department for review. The review timeframes do not begin
until the department concludes the documents are administratively
complete.
Sec. 201.1003 PARTICIPATION BY SPONSOR. (a) A political
subdivision may submit an environmental review document for a
transportation project under this subchapter only if:
(1) the transportation project is contained in the
approved state transportation improvement program (STIP); or
(2) the transportation project:
(A) is contained in the unified transportation
program (UTP), another statewide transportation plan, the
applicable metropolitan transportation plan (MTP), or an
applicable rural transportation plan (RTP); and
(B) has been identified by the commission as
being eligible for participation under this subchapter.
(b) The standards adopted by the commission under Section
201.1002 apply to work performed by the sponsor.
(c) On a sponsor's submitting environmental review
documents to the department, legal counsel for the sponsor shall
certify that the documents are administratively complete, ready for
technical review, and compliant with all applicable laws.
(d) This subsection applies only to a transportation
project that is not identified as fully funded in one or more of the
approved state transportation improvement program (STIP), unified
transportation program (UTP), any other statewide transportation
plan, the applicable metropolitan transportation plan (MTP), or any
applicable rural transportation plan (RTP). The sponsor that
desires to develop the environmental review documents for the
transportation project must submit to the department:
(1) an application that gives notice that the sponsor
will prepare the environmental review document; and
(2) an application fee equal to one percent of the
estimated construction costs of the transportation project.
SECTION 3. The Texas Transportation Commission shall adopt
the rules to implement Subchapter P, Chapter 201, Transportation
Code, as added by this Act, not later than March 1, 2012.
SECTION 4. 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.