By: Watson S.B. No. 1323
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.