This document includes House Floor Amendments incorporated into the bill on Mon, Feb 9, 2015 at 3:57 PM by jeyring.
1     
TRANSPORTATION PROJECT AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: V. Lowry Snow

5     
Senate Sponsor: Todd Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Transportation Code by amending provisions relating to
10     participation in a federal program assuming responsibility for environmental review of
11     highway projects.
12     Highlighted Provisions:
13          This bill:
14          ▸     authorizes the Department of Transportation to assume federal responsibilities with
15     respect to one or more highway projects within the state under the National
16     Environmental Policy Act of 1969 for environmental review, consultation, or other
17     action required under any federal environmental law pertaining to the review or
18     approval of a specific highway project;
19          ▸     requires the state to Ĥ→ [
waives] waive ←Ĥ its immunity under the Eleventh
19a     Amendment to the
20     United States Constitution and consent to suit in a federal court for lawsuits arising
21     out of the department's compliance, discharge, or enforcement of the assumed
22     responsibilities;
23          ▸     requires the executive director of the Department of Transportation to execute a
24     memorandum of understanding with the United States Department of
25     Transportation accepting the jurisdiction of the federal courts for acts or omissions
26     that relate to compliance, discharge, or enforcement of responsibilities assumed by
27     the department; and

28          ▸     makes technical corrections.
29     Money Appropriated in this Bill:
30          None
31     Other Special Clauses:
32          None
33     Utah Code Sections Affected:
34     AMENDS:
35          72-1-207, as last amended by Laws of Utah 2007, Chapter 333
36          72-6-120, as last amended by Laws of Utah 2008, Chapter 382
37     

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 72-1-207 is amended to read:
40          72-1-207. Department may sue and be sued -- Legal adviser of department --
41     Partial waiver of Eleventh Amendment immunity.
42          (1) The department may sue, and it may be sued only on written contracts made by it or
43     under its authority.
44          (2) The department may sue in the name of the state.
45          (3) In all matters requiring legal advice in the performance of its duties and in the
46     prosecution or defense of any action growing out of the performance of its duties, the attorney
47     general is the legal adviser of the commission, and the department, and shall perform any and
48     all legal services required by the commission and the department without other compensation
49     than his salary.
50          (4) Upon request of the department, the attorney general shall aid in any investigation,
51     hearing, or trial under the provisions of Chapter 9, Motor Carrier Safety Act, and institute and
52     prosecute actions or proceedings for the enforcement of the provisions of the Constitution and
53     statutes of this state or any rule or order of the department affecting motor carriers of persons
54     and property.
55          (5) (a) The state waives its immunity under the 11th Amendment of the United States
56     Constitution and consents to suit in a federal court for lawsuits arising out of the department's
57     compliance, discharge, or enforcement of responsibilities assumed pursuant to 23 U.S.C. [Sec.]
58     Secs. 326 and 327.

59          (b) The waiver of immunity under this Subsection (5) is valid only if:
60          (i) the executive director or the executive director's designee executes a memorandum
61     of understanding with the United States Department of Transportation accepting the
62     jurisdiction of the federal courts as required by 23 U.S.C. [Sec.] Secs. 326(c) and 327(c);
63          (ii) before execution of the memorandum of understanding under Subsection (5)(b)(i),
64     the attorney general has issued an opinion letter to the executive director and the administrator
65     of the Federal Highway Administration that the memorandum of understanding and the waiver
66     of immunity are valid and binding upon the state;
67          (iii) the act or omission that is the subject of the lawsuit arises out of or relates to
68     compliance, discharge, or enforcement of responsibilities assumed by the department pursuant
69     to 23 U.S.C. [Sec.] Secs. 326 and 327; and
70          (iv) the memorandum of understanding is in effect when the act or omission that is the
71     subject of the federal lawsuit occurred.
72          Section 2. Section 72-6-120 is amended to read:
73          72-6-120. Department authorized to participate in federal program assuming
74     responsibility for environmental review of highway projects -- Rulemaking authority.
75          (1) The department may:
76          (a) assume responsibilities under 23 U.S.C. Sec. 326 for:
77          (i) determining whether state highway design and construction projects are
78     categorically excluded from requirements for environmental assessments or environmental
79     impact statements; and
80          (ii) environmental review, consultation, or other actions required under federal law for
81     categorically excluded projects;
82          (b) assume responsibilities under 23 U.S.C. Sec. 327 with respect to one or more
83     highway projects within the state under the National Environmental Policy Act of 1969 for
84     environmental review, consultation, or other action required under any federal environmental
85     law pertaining to the review or approval of a specific highway project;
86          [(b)] (c) enter one or more memoranda of understanding with the United States
87     Department of Transportation related to federal highway programs as provided in 23 U.S.C.
88     [Sec.] Secs. 326 and 327 subject to the requirements of Subsection 72-1-207(5);
89          [(c)] (d) accept, receive, and administer grants, other money, or gifts from public and

90     private agencies, including the federal government, for the purpose of carrying out the
91     programs authorized under this section; and
92          [(d)] (e) cooperate with the federal government in implementing this section and any
93     memorandum of understanding entered into under Subsection 72-1-207(5).
94          (2) Notwithstanding any other provision of law, in implementing a program under this
95     section that is approved by the United States Department of Transportation, the department is
96     authorized to:
97          (a) perform or conduct any of the activities described in a memorandum of
98     understanding entered into under Subsection 72-1-207(5);
99          (b) take actions necessary to implement the program; and
100          (c) adopt relevant federal environmental standards as the standards for this state for
101     categorically excluded projects.
102          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
103     department may makes rules to implement the provisions of this section.






Legislative Review Note
     as of 12-11-14 4:31 PM


Office of Legislative Research and General Counsel