By: Pickett, Smith of Harris	H.B. No. 630
	(Senate Sponsor - Nichols)
	(In the Senate - Received from the House April 12, 2011;
	April 20, 2011, read first time and referred to Committee on
	Transportation and Homeland Security; May 16, 2011, reported
	adversely, with favorable Committee Substitute by the following
	vote:  Yeas 8, Nays 0; May 16, 2011, sent to printer.)
	COMMITTEE SUBSTITUTE FOR H.B. No. 630	By:  Nichols

	A BILL TO BE ENTITLED
	AN ACT
	relating to the environmental review process for transportation
	projects.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 201.607, Transportation Code, is amended
	by amending Subsection (a) and adding Subsection (c) to read as
	follows:
	(a)  Not later than January 1, 1997, and every fifth year
	after that date, the department and each state agency that is
	responsible for the protection of the natural environment or for
	the preservation of historical or archeological resources shall
	examine and revise their memorandum of understanding that:
	(1)  describes the responsibilities of each agency
	entering into the memorandum relating to the review of the
	potential environmental, historical, or archeological effect of a
	highway project;
	(2)  specifies the responsibilities of each agency
	entering into the memorandum relating to the review of a highway
	project;
	(3)  specifies the types of information the department
	must provide to the reviewing agency and the period during which the
	department must provide the information;
	(4)  specifies the period during which the reviewing
	agency must review the highway project and provide comments to the
	department, as negotiated by the department and the agency but
	which may not exceed 45 days after the date the agency receives a
	request for comments from the department; [and]
	(5)  specifies that comments submitted to the
	department later than the period specified under Subdivision (4)
	will be considered by the department to the extent possible; and
	(6)  includes any other agreement necessary for the
	effective coordination of the review of the environmental,
	historical, or archeological effect of a highway project.
	(c)  The department by rule shall establish procedures
	concerning coordination with agencies in carrying out
	responsibilities under agreements under this section.
	SECTION 2.  (a)  Chapter 201, Transportation Code, is
	amended by adding Subchapter I-1 to read as follows:
	SUBCHAPTER I-1.  ENVIRONMENTAL REVIEW PROCESS
	Sec. 201.751.  DEFINITIONS. In this subchapter:
	(1)  "Day" means a calendar day.
	(2)  "Federal Highway Administration" means the United
	States Department of Transportation Federal Highway
	Administration.
	(3)  "Highway project" means a highway or related
	improvement that is:
	(A)  part of the state highway system; or
	(B)  not part of the state highway system but
	funded wholly or partly by federal money.
	(4)  "Local government sponsor" means a political
	subdivision of the state that:
	(A)  elects to participate in the planning,
	development, design, funding, or financing of a highway project;
	and
	(B)  is a municipality or a county, a group of
	adjoining counties, a county acting under Chapter 284, a regional
	tollway authority operating under Chapter 366, a regional mobility
	authority operating under Chapter 370, a local government
	corporation, or a transportation corporation created under Chapter
	431.
	Sec. 201.752.  STANDARDS. (a)  The commission by rule shall
	establish standards for processing an environmental review
	document for a highway project. The standards must increase
	efficiency, minimize delays, and encourage collaboration and
	cooperation by the department with a local government sponsor, with
	a goal of prompt approval of legally sufficient documents.
	(b)  The standards apply regardless of whether the
	environmental review document is prepared by the department or a
	local government sponsor. The standards apply to work performed by
	the sponsor and to the department's review process and
	environmental decision.
	(c)  The standards must address, for each type of
	environmental review document:
	(1)  the issues and subject matter to be included in the
	project scope prepared under Section 201.754;
	(2)  the required content of a draft environmental
	review document;
	(3)  the process to be followed in considering each
	type of environmental review document; and
	(4)  review deadlines, including the deadlines in
	Section 201.759.
	(d)  The standards must include a process for resolving
	disputes arising under this subchapter, provided that the dispute
	resolution process must be concluded not later than the 60th day
	after the date either party requests dispute resolution.
	(e)  For highway projects described in Section 201.753(a),
	the standards may provide a process and criteria for the
	prioritization of environmental review documents in the event the
	department makes a finding that it lacks adequate resources to
	timely process all documents it receives.  Standards established
	pursuant to this subsection must provide for notification to a
	local government sponsor if processing of an environmental review
	document is to be delayed due to prioritization, and must ensure
	that the environmental review document for each highway project
	will be completed no later than one year prior to the date planned
	for publishing notice to let the construction contract for the
	project, as indicated in a document identifying the project under
	Section 201.753(a)(1) or a commission order under Section
	201.753(a)(2).
	Sec. 201.753.  ENVIRONMENTAL REVIEW LIMITED TO CERTAIN
	PROJECTS. (a)  A local government sponsor or the department may
	prepare an environmental review document for a highway project only
	if the highway project is:
	(1)  identified in the financially constrained portion
	of the approved state transportation improvement program or the
	financially constrained portion of the approved unified
	transportation program; or
	(2)  identified by the commission as being eligible for
	participation under this subchapter.
	(b)  Notwithstanding Subsection (a), a local government
	sponsor may prepare an environmental review document for a highway
	project that is not identified by the commission or in a program
	described by Subsection (a) if the sponsor submits with its notice
	under Section 201.755 a fee in an amount established by commission
	rule, but not to exceed the actual cost of reviewing the
	environmental review document.
	(c)  A fee received by the department under Subsection (b)
	must be deposited in the state highway fund and used to pay costs
	incurred under this subchapter.
	Sec. 201.754.  SCOPE OF PROJECT. If an environmental review
	document is prepared by a local government sponsor, the local
	government sponsor must prepare a detailed scope of the project in
	collaboration with the department before the department may process
	the environmental review document.
	Sec. 201.755.  NOTICE TO DEPARTMENT. (a)  A local
	government sponsor may submit notice to the department proposing
	that the local government sponsor prepare the environmental review
	document for a highway project.
	(b)  The notice must include:
	(1)  the project scope prepared under Section 201.754;
	and
	(2)  a request for classification of the project.
	Sec. 201.756.  LOCAL GOVERNMENT SPONSOR RESPONSIBILITIES. A
	local government sponsor that submits notice under Section 201.755
	is responsible for preparing all materials for:
	(1)  project scope determination;
	(2)  environmental reports;
	(3)  the environmental review document;
	(4)  environmental permits and conditions;
	(5)  coordination with resource agencies; and
	(6)  public participation.
	Sec. 201.757.  DETERMINATION OF ADMINISTRATIVELY COMPLETE
	ENVIRONMENTAL REVIEW DOCUMENT. (a)  A local government sponsor's
	submission of an environmental review document must include a
	statement from the local government sponsor that the document is
	administratively complete, ready for technical review, and
	compliant with all applicable requirements.
	(b)  Not later than the 20th day after the date the
	department receives a local government sponsor's environmental
	review document, the department shall either:
	(1)  issue a letter confirming that the document is
	administratively complete and ready for technical review; or
	(2)  decline to issue a letter confirming that the
	document is administratively complete and ready for technical
	review, in accordance with Section 201.758.
	Sec. 201.758.  DEPARTMENT DECLINES TO CONFIRM THAT DOCUMENT
	IS ADMINISTRATIVELY COMPLETE.  (a)  The department may decline to
	issue a letter confirming that an environmental review document is
	administratively complete and ready for technical review only if
	the department sends a written response to the local government
	sponsor specifying in reasonable detail the basis for its
	conclusions, including a listing of any required information
	determined by the department to be missing from the document.
	(b)  If the department provides notice under Subsection (a),
	the department shall undertake all reasonable efforts to cooperate
	with the local government sponsor in a timely manner to ensure that
	the environmental review document is administratively complete.
	(c)  The local government sponsor may resubmit any
	environmental review document determined by the department under
	Section 201.757 not to be administratively complete, and the
	department shall issue a determination letter on the resubmitted
	document not later than the 20th day after the date the document is
	resubmitted.
	Sec. 201.759.  REVIEW DEADLINES. (a)  The following
	deadlines must be included in the standards adopted under Section
	201.752:
	(1)  the department shall issue a classification letter
	not later than the 30th day after the date the department receives
	notice from a local government sponsor under Section 201.755;
	(2)  for a project classified as a programmatic
	categorical exclusion, the environmental decision must be rendered
	not later than the 60th day after the date the 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 supporting documentation is
	received by the department;
	(4)  for a project that requires the preparation of an
	environmental assessment:
	(A)  the department must provide all department
	comments on a draft environmental assessment not later than the
	90th day after the date the draft is received by the department; and
	(B)  the department must render the environmental
	decision on the project not later than the 60th day after the later
	of:
	(i)  the date the revised environmental
	assessment is submitted to the department; or
	(ii)  the date the public involvement
	process concludes;
	(5)  the department must render the environmental
	decision on any reevaluation not later than the 120th day after the
	date the supporting documentation is received by the department;
	and
	(6)  for a project that requires the preparation of an
	environmental impact statement, the department shall render the
	environmental decision not later than the 120th day after the date
	the draft final environmental impact statement is submitted.
	(b)  Review deadlines under this section specify the date by
	which the department will render the environmental decision on a
	project or the time frames by which the department will make a
	recommendation to the Federal Highway Administration, as
	applicable.
	(c)  A deadline that falls on a weekend or official state
	holiday is considered to occur on the next business day.
	Sec. 201.760.  SUSPENSION OF TIME PERIODS. The computation
	of review deadlines under Section 201.759 does not begin until an
	environmental review document is determined to be administratively
	complete, and is suspended during any period in which:
	(1)  the document that is the subject of the review is
	being revised by or on behalf of the local government sponsor in
	response to department comments;
	(2)  the highway 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; or
	(3)  the local government sponsor is preparing a
	response to any issue raised by legal counsel for the department
	concerning compliance with applicable law.
	Sec. 201.761.  AGREEMENT BETWEEN LOCAL GOVERNMENT SPONSOR
	AND DEPARTMENT. Notwithstanding any provision of this subchapter
	or any other law, a local government sponsor and the department may
	enter into an agreement that defines the relative roles and
	responsibilities of the parties in the preparation and review of
	environmental review documents for a specific project.  For a
	project for which an environmental decision requires the approval
	of the Federal Highway Administration and to the extent otherwise
	permitted by law, the Federal Highway Administration may also be a
	party to an agreement between a local government sponsor and the
	department under this section.
	Sec. 201.762.  REPORTS TO COMMISSION AND LEGISLATURE.
	(a)  Not later than June 30 and December 31 of each year, the
	department shall submit a report to the commission at a regularly
	scheduled commission meeting identifying projects being processed
	under the procedures of this subchapter and the status of each
	project, including:
	(1)  how the project was classified for environmental
	review;
	(2)  the current status of the environmental review;
	(3)  the date on which the department is required to
	make an environmental decision under applicable deadlines;
	(4)  an explanation of any delays; and
	(5)  any deadline under Section 201.759 missed by the
	department.
	(b)  Not later than December 1 of each year, the department
	shall submit a report to the members of the standing legislative
	committees with primary jurisdiction over matters related to
	transportation regarding the implementation of this subchapter,
	including a status report for the preceding 12-month period that
	contains the information described in Subsection (a).
	(c)  The department shall post copies of the reports required
	under this section on its Internet website and shall provide a copy
	of the report required by Subsection (b) to each member of the
	legislature who has at least one project covered by the report in
	the member's district.
	(d)  The department shall make available on its Internet
	website and update regularly the status of projects being processed
	under this subchapter.
	(b)  The Texas Transportation Commission shall adopt rules
	to implement Subchapter I-1, Chapter 201, Transportation Code, as
	added by this Act, not later than March 1, 2012.
	(c)  Subchapter I-1, Chapter 201, Transportation Code, as
	added by this Act, applies only to a notice of a local government
	sponsor proposing the sponsor's preparation of an environmental
	review document that is received by the Texas Department of
	Transportation on or after the effective date of this Act.
	Submissions to the Texas Department of Transportation received
	before the effective date of this Act are governed by the law in
	effect on the date the submission was received, and that law is
	continued in effect for that purpose.
	SECTION 3.  Subchapter A, Chapter 222, Transportation Code,
	is amended by adding Sections 222.005 and 222.006 to read as
	follows:
	Sec. 222.005.  AUTHORIZATION TO PROVIDE ASSISTANCE TO
	EXPEDITE ENVIRONMENTAL REVIEW. (a)  The department, a county, a
	regional tollway authority operating under Chapter 366, or a
	regional mobility authority operating under Chapter 370 may enter
	into an agreement to provide funds to a state or federal agency to
	expedite the agency's performance of its duties related to the
	environmental review process for the applicable entity's
	transportation projects, including those listed in the applicable
	metropolitan planning organization's long-range transportation
	plan under 23 U.S.C. Section 134.
	(b)  Except as provided by Subsection (c), an agreement
	entered into under this section:
	(1)  may specify transportation projects the
	applicable entity considers to be priorities for review; and
	(2)  must require the agency receiving money to
	complete the environmental review in less time than is customary
	for the completion of environmental review by that agency.
	(c)  The department may enter into a separate agreement for a
	transportation project that the department determines has regional
	importance.
	(d)  An agreement entered into under this section does not
	diminish or modify the rights of the public regarding review and
	comment on transportation projects.
	(e)  An entity entering into an agreement under this section
	shall make the agreement available on the entity's Internet
	website.
	Sec. 222.006.  ENVIRONMENTAL REVIEW CERTIFICATION PROCESS.
	The department by rule shall establish a process to certify
	department district environmental specialists to work on all
	documents related to state and federal environmental review
	processes. The certification process must:
	(1)  be available to department employees; and
	(2)  require continuing education for recertification.
	SECTION 4.  Section 12.0011, Parks and Wildlife Code, is
	amended by adding Subsection (b-1) to read as follows:
	(b-1)  Recommendations and information submitted by the
	department under Subsection (b) in response to a request for
	comments from the Texas Department of Transportation must be
	submitted not later than the 45th day after the date the department
	receives the request.
	SECTION 5.  Subsection (a), Section 201.607, Transportation
	Code, as amended by this Act, and Subsection (b-1), Section
	12.0011, Parks and Wildlife Code, as added by this Act, apply only
	to a request for comments from the Texas Department of
	Transportation received by a state agency on or after the effective
	date of this Act.  As necessary, the Texas Department of
	Transportation and each affected state agency shall promptly revise
	the memorandum of understanding required by Section 201.607,
	Transportation Code, to implement the change made by this Act to
	Subsection (a), Section 201.607, Transportation Code.
	SECTION 6.  This Act takes effect September 1, 2011.
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