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AB-28 Department of Transportation: environmental review process: federal pilot program.(2017-2018)

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Date Published: 03/29/2017 09:00 PM
AB28:v96#DOCUMENT

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 DIGEST


AB 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.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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.