Bill > HB411

This bill allows the Commissioner of Highways to enter into five-year agreements with the U.S. Department of Transportation, as permitted by federal law (specifically 23 U.S.C. §§ 326 and 327), to take on certain responsibilities related to environmental reviews for transportation projects, including "categorical exclusions" (minor projects that don't require extensive environmental review) and the "Surface Transportation Project Delivery Program" (a program where states manage environmental reviews). Under these agreements, the Virginia Department of Transportation can assume duties typically handled by the U.S. Secretary of Transportation. Importantly, the bill also states that the Commonwealth of Virginia will waive its sovereign immunity from lawsuits in federal court under certain conditions, specifically when a lawsuit is solely about the compliance or enforcement of responsibilities taken on through these agreements, and only if an agreement is in effect and the issue arises from those assumed responsibilities. The bill also requires the Department of Transportation to update its manual for implementing the National Environmental Policy Act (NEPA), a federal law requiring environmental impact assessments for certain projects, and to allow for public comment on proposed changes. The entire act will expire five years after the first agreement is signed unless the General Assembly extends it.

Budget and Finance, Transportation and Infrastructure

https://lis.virginia.gov/bill-details/20261/HB411