Bill > SB716

This bill authorizes the Commissioner of Highways to enter into five-year agreements with the U.S. Department of Transportation (DOT) to take on certain responsibilities related to environmental reviews for transportation projects, specifically under programs known as "categorical exclusions" and the "Surface Transportation Project Delivery Program." These programs allow states to handle some environmental compliance tasks that are typically managed by the federal government, streamlining project approvals. Under these agreements, the Virginia Department of Transportation can assume duties that would normally fall to the U.S. Secretary of Transportation. Importantly, the bill also allows Virginia to waive its sovereign immunity, meaning it consents to being sued in federal court under specific conditions related to the responsibilities it assumes through these agreements, ensuring that the state is held accountable to the same legal standards as the federal government for these assumed duties. This waiver of immunity is only valid if an agreement is in place, the lawsuit concerns responsibilities taken on under that agreement, and the agreement is active when the issue arises. The bill also requires the Department of Transportation to update its environmental review manual and make proposed changes available for public comment. The entire act is set to expire five years after the first agreement is signed, unless reenacted by the General Assembly.

Budget and Finance, Transportation and Infrastructure

https://lis.virginia.gov/bill-details/20261/SB716