Bill Tracker

AB 28 (Frazier) Dept of Transportation: EIR process: federal pilot program


Extends for three years the the previous waiver of federal immunity under the National Environmental Protection Act (NEPA) to the Department of Transportation for surface transportation projects.  The Department would consent to the jurisdiction of federal courts and assume responsibilities for environmental review and clearance of transportation projects that would otherwise be the responsibility of the federal government.   Includes urgency clause to make it effective upon signature of the Governor.

  • From the Assembly Floor analysis: "If the limited waiver is not in place by March 31, 2017, then Caltrans will be required to reapply for NEPA Assignment. Caltrans estimates that completing the application process and reinitiating the MOU would take six months to two years."

  • This is an urgency statute, which require a 2/3 vote and become effective upon enactment.
  • CALCOG support is based on the following provision of CALCOG's adopted Legislative Principles: "Reauthorize and remove the sunset for assignment of the National Environmental Policy Act (NEPA) responsibilities to California, and make the waiver of sovereign immunity permanent."
More Info:Legislative Website Info
Last Updated:April 3, 2017