§ 13979.2
358 words·~2 min read·
/ca/government-code/13979-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The secretary, on behalf of the agency, and any department, office, or other unit within the 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, public transportation, or multimodal project.
(b)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.
(c)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).
(d)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.
(e)No responsibility assumed pursuant to subdivision
(a)may be delegated to any political subdivision of the state, such as a county, or its instrumentalities.
(f)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.
(g)Nothing in this section is intended to repeal or modify Section 820.1 of the Streets and Highways Code.
(h)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).
(i)This section shall remain in effect only until December 31, 2033, and as of that date is repealed.