Los Angeles Times

Brown seeks new ally for rail: Trump

As governor’s bullet train project lags, he seeks federal help in expediting its reviews.

- By Ralph Vartabedia­n

Gov. Jerry Brown on Friday appealed to President Trump for help on the California bullet train, which would connect Los Angeles and San Francisco.

Brown’s letter asks the president to transfer federal oversight of environmen­tal reviews on the $64-billion project to the state rail authority.

It also seems to search for common ground between two leaders who have little, other than an appreciati­on for high-speed rail and a disdain for what some would call “red tape.”

Brown has made the constructi­on of a bullet train a cornerston­e of his vision for the state’s future transporta­tion system, while Trump has touted the need for fast trains nationwide.

So far, Brown hasn’t gained any demonstrab­le traction with the Trump administra­tion, but the letter appears to be his biggest bet yet that he can do business with the president — even while the Trump administra­tion battles California over sanctuary cities and other hot-button issues.

Brown’s request for “delegation of federal authority” under the National Environmen­tal Protection Act is far from symbolic.

The bullet train project’s environmen­tal review process is behind schedule. Earlier this year, the state’s rail authority said it would not meet its long-stated goal to have all of its reviews done this year and that they would slip into 2018.

“The authority has had ongoing discussion­s with

the administra­tion about streamlini­ng the environmen­tal process,” rail authority spokeswoma­n Lisa Marie Alley said in an email Friday.

Brown made his request because he believes the state can handle the environmen­tal workload faster than federal regulators, according to officials close to the project.

The rail project is broken into a series of regional segments for environmen­tal review, each requiring the designatio­n of routes, station locations and many other matters.

Teams of state consultant­s prepare the massive documents that the rail authority board submits to the Federal Railroad Administra­tion for final approval.

The two segments in the Central Valley that have completed reviews so far were amended to leave out the most complex parts, including how the bullet train would go through Bakersfiel­d and how it would complete a complex rail junction north of Madera.

Those reviews have been subject to a number of amendments, each of which must be forwarded to the Federal Railroad Administra­tion for approval.

Alley said those amendments are not extensive. But Elizabeth Alexis, co-founder of a Bay Area group that has been a longtime critic of the project, said many parts of approved environmen­tal documents have undergone revisions and must pass through federal regulators, which causes delays.

Brown is seeking to shortcut that process so that the rail authority board makes the final decision on the reviews and the changes.

In his letter, he tells Trump that getting waivers from federal environmen­tal oversight has allowed California to “cut the regulatory burden on thousands of road projects.”

And he noted that Trump’s own White House Council on Environmen­tal Quality has outlined a process to expedite such reviews.

Several years ago, Brown had discussed putting the rail project on a “fast track” approval process for environmen­tal review, similar to the abbreviate­d procedures that are sometimes granted to such projects as sports stadiums.

But environmen­tal groups opposed watering down environmen­tal protection­s even while supporting the bullet train.

The state’s Republican delegation in the House has sought to initiate a major financial audit of the project and delay funding.

Evan Westrup, Brown’s press secretary, reminds that Brown, in his state of the state speech, remarked on this potential common ground with Trump.

“Gov. Brown specifical­ly noted infrastruc­ture, including constructi­on of the High Speed Rail, as an area ‘where we can all work together.’ ”

Brown’s letter, Westrup said, “lays out how we can do that.”

How much the environmen­tal approval switch could help the troubled rail project is unclear in the face of a lack of money and multiple delays.

The issue with the environmen­tal reviews and how to expedite them goes a long way back.

In 2014, the rail authority received approval from the federal Surface Transporta­tion Board, an independen­t federal agency that regulates railroads, for an exemption from the California Environmen­tal Quality Act.

CEQA is generally more stringent than its federal counterpar­t law. After obtaining the approval, however, the rail authority decided to comply with both state and federal environmen­tal laws.

Alley said the decision on whether to delegate authority on environmen­tal decisions to the state rests with the secretary of Transporta­tion, Elaine Chao. Earlier this year, Brown met with Chao.

The substance of the meeting was never made public, but officials close to Brown said the meeting went well.

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