Bill Text: CA AB890 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Environment: CEQA exemption: roadway improvement.

Spectrum: Moderate Partisan Bill (Republican 9-2)

Status: (Passed) 2012-09-25 - Chaptered by Secretary of State - Chapter 528, Statutes of 2012. [AB890 Detail]

Download: California-2011-AB890-Amended.html

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BILL NUMBER: AB 890	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2011

INTRODUCED BY   Assembly Members Olsen and Perea
    (   Coauthors:   Assembly Members 
 Garrick,   Gorell,   Grove,   Harkey,
  and Silva   ) 
   (  Coauthor:   Senator  
Berryhill   Coauthors:   Senators  
Berryhill,   Harman,   Rubio,   and Runner
)

                        FEBRUARY 17, 2011

   An act to add Section 21080.37 to the Public Resources Code,
relating to the environment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 890, as amended, Olsen. Environment: CEQA exemption: roadway
improvement.
   (1) The California Environmental Quality Act (CEQA) requires a
lead agency, as defined, to prepare, or cause to be prepared, and
certify the completion of, an environmental impact report (EIR) on a
project that it proposes to carry out or approve that may have a
significant effect on the environment or to adopt a negative
declaration if it finds that the project will not have that effect.
CEQA also requires a lead agency to prepare a mitigated negative
declaration for a project that may have a significant effect on the
environment if revisions in the project would avoid or mitigate that
effect and there is no substantial evidence that the project, as
revised, would have a significant effect on the environment.
   CEQA exempts from its requirements specified projects or
activities.
   This bill would additionally exempt a roadway improvement project
or activity that is undertaken by a city, county, or city and county.
 Because a lead ag  ency would be required to determine
whether a project falls within the above exemption, this bill would
impose a state-mandated local program. 
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21080.37 is added to the Public Resources Code,
to read:
   21080.37.  This division does not apply to a project or activity
undertaken by a city or county within an existing road right-of-way
for the purposes of roadway improvement that includes, but is not
limited to, shoulder widening, guardrail improvement, minor drainage,
culvert replacement, traffic signal modification,  and
 safety improvements  , and operation, repair,
maintenance, or minor alteration of existing roadway improvements,
including, but not limited to, highways and streets, sidewalks,
gutters, bicycle and pedestrian ways, and similar facilities  .
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.