§ 13979.4. — 13979.4. (Added by Stats. 2023, Ch. 58, Sec. 2.)

California § 13979.4.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 3.
• Title 2.: DIVISION 3. EXECUTIVE DEPARTMENT
• Part 4.5.: PART 4.5. TRANSPORTATION AGENCY
• Ch. 1.: CHAPTER 1. General Duties and Powers

Text

(a)
(1)
Consistent with, and subject to the requirements of, any memorandum of understanding between the state and federal government, the secretary, upon the request of a local or regional agency with the authority to implement transportation projects, may assume responsibilities under the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) and other federal environmental laws, pursuant to Section 327 of Title 23 of the United States Code, for any railroad, local public transportation, or multimodal project implemented by the requesting local or regional agency.
(2)
For purposes of this section, “local or regional agency” includes, but is not limited to, a city, county, city and county,
special district, or joint powers authority.
(b)
The secretary shall report to the transportation policy committees of the Legislature regarding which local or regional agencies requested that the secretary assume the authority under the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) by December 31, 2033.
(3)
A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(c)
Before assuming the responsibilities set forth in subdivision (a) through execution of a memorandum of understanding between the State of California and the federal government, the secretary shall submit a copy of the draft memorandum of understanding to the Joint Legislative Budget Committee. Execution of the memorandum of understanding
shall occur no sooner than 30 days after the secretary provides the draft memorandum of understanding to the Joint Legislative Budget Committee, or whatever lesser time after that notification that the chair of the joint committee, or the chair’s designee, may determine.
(d)
The State of California consents to the jurisdiction of the federal courts with regard to the compliance, discharge, or enforcement of any responsibilities assumed pursuant to subdivision (a).
(e)
In any action brought pursuant to the federal laws described in subdivision (a) for a project for which responsibilities have been assumed pursuant to subdivision (a), no immunity from suit may be asserted pursuant to the Eleventh Amendment to the United States Constitution, and any immunity is hereby waived.
(f)
No responsibility assumed pursuant to
subdivision (a) may be delegated to any political subdivision of the state, such as a county, or its instrumentalities.
(g)
This section does not affect the obligation of the secretary and all departments, offices, and other units within the agency to comply with state and federal law.
(h)
Nothing in this section is intended to repeal or modify Section 820.1 of the Streets and Highways Code.
(i)
This section shall not be construed as changing the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(j)
This section shall remain in effect only until December 31, 2033, and as of that date is repealed.

Legislative History

Added by Stats. 2023, Ch. 58, Sec. 2. (SB 146) Effective July 10, 2023. Repealed as of December 31, 2033, by its own provisions.