Bill Text: CA AB630 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Department of Transportation: contracts: tribes.

Spectrum: Bipartisan Bill

Status: (Passed) 2023-09-01 - Chaptered by Secretary of State - Chapter 137, Statutes of 2023. [AB630 Detail]

Download: California-2023-AB630-Amended.html

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Amended  IN  Assembly  March 16, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 630

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Introduced by Assembly Members Ramos and Mathis

February 09, 2023

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An act to amend Section 94 of the Streets and Highways Code, relating to transportation.

LEGISLATIVE COUNSEL'S DIGEST

AB 630, as amended, Ramos. Department of Transportation: contracts: tribes.

Existing law vests the Department of Transportation with full possession and control of all state highways and all property and rights in property acquired for state highway purposes. Existing law authorizes the department to make and enter into any contracts in the manner provided by law that are required for performance of its duties. Existing law requires that the department’s contracts with federally recognized Indian tribes be limited to activities related to on-reservation or off-reservation cultural resource management and environmental studies and off-reservation traffic impact mitigation projects on or connecting to the state highway system, as specified. Existing law requires that off-reservation traffic impact mitigation contracts with federally recognized Indian tribes meet certain requirements, including that the contracts provide for limited waivers of sovereign immunity by those Indian tribes for the state for the purpose of enforcing obligations arising from the contracted activities.

This bill would delete that limitation on the activities for which the department is authorized to contract with federally recognized Indian tribes, and would expressly authorize the department to enter into contracts with those tribes and entities owned by those tribes. The bill would subject off-reservation traffic impact mitigation contracts between the department and entities owned by federally recognized Indian those tribes to the same restrictions requirements as are applicable to department contracts with federally recognized Indian tribes. those tribes, and would delete the requirement that the contracts provide for limited waivers of sovereign immunity, as specified.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 94 of the Streets and Highways Code is amended to read:

94.

 (a) The department may make and enter into any contracts in the manner provided by law that are required for performance of its duties, provided that contracts including with federally recognized Indian tribes, or tribes and entities owned by those tribes, shall be limited to activities related to on-reservation or off-reservation cultural resource management and environmental studies and off-reservation traffic impact mitigation projects on or connecting to the state highway system. tribes.

(b) To implement off-reservation traffic impact mitigation contracts with federally recognized Indian tribes, or entities owned by those tribes, all of the following shall apply:

(1) Any The contract shall provide for the full reimbursement of expenses and costs incurred by the department in the exercise of its contractual responsibilities. Funds for the project shall be placed in an escrow account before project development. The contract shall also provide for a limited waiver of sovereign immunity by that Indian tribe for the state for the purpose of enforcing obligations arising from the contracted activity.

(2) The proposed transportation project shall comply with all applicable state and federal environmental impact and review requirements, including, but not limited to, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

(3) The department’s work on the transportation project under the contract shall not jeopardize or adversely affect the completion of other transportation projects included in the adopted State Transportation Improvement Program.

(4) The transportation project is included in or consistent with the affected regional transportation plan.