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REFERENCE TITLE: highways; bicycle paths; walkways; prohibition |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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SB 1697 |
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Introduced by Senator Hoffman
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An Act
amending section 28-334, Arizona Revised Statutes; amending title 28, chapter 2, article 7, Arizona Revised Statutes, by adding section 28-508; relating to transportation planning.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-334, Arizona Revised Statutes, is amended to read:
28-334. Acceptance and expenditure of federal monies; limitations
A. The department may accept and expend grants, donations, aid or other monies received from the federal government or any agency of the federal government for any transportation purpose, except that the department may not accept federal monies to pay for the construction, maintenance or expansion of a highway or state route if the acceptance of the federal monies is conditioned on the design and construction of a bicycle path or pedestrian walkway as a component of the highway or state route.
B. The department may contract and do all things necessary to secure the full benefits available to this state for transportation purposes under federal law and, in doing so, may cooperate with federal, state and local government agencies, Indian tribes, private and public organizations and private individuals. The department may exchange federal funds with local governments in order to receive local funds and may include additional federal funds in the exchange to offset matching costs required of local governments.
C. The department may:
1. Assume the responsibility of the United States department of transportation with respect to highway projects with this state under the national environmental policy act of 1969 (P.L. 91-190; 83 Stat. 852; 42 United States Code sections 4321 through 4347) and with respect to related responsibility for environment review, consultation or other action required under any federal environmental law pertaining to review or approval of a highway project in this state.
2. Assume responsibility under 23 United States Code sections 326 and 327 and enter into one or more agreements, including memoranda of understanding with the United States secretary of transportation related to the state assumption of responsibility for categorical exclusions as provided by 23 United States Code section 326 and the federal surface transportation project delivery program for the delivery of highway projects as provided by 23 United States Code section 327. Sovereign immunity from civil suit in federal court is waived consistent with 23 United States Code sections 326 and 327 and limited to the compliance, discharge or enforcement of a responsibility assumed by the department under this paragraph.
D. This chapter does not affect the authority of other agencies or boards of this state or political subdivisions from accepting, receiving or expending grants or other monies from the federal government or any agency of the federal government for transportation purposes pursuant to other provisions of law or charter.
Sec. 2. Title 28, chapter 2, article 7, Arizona Revised Statutes, is amended by adding section 28-508, to read:
28-508. Bicycle paths; pedestrian walkways; prohibition
The department may not plan, design or construct bicycle paths or pedestrian walkways that are parallel to and separate from a highway or state route. This section applies to a highway or state route that exists before, on or after the effective date of this section.