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

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

---

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

---

BILL NUMBER: AB 890	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 13, 2012
	AMENDED IN ASSEMBLY  JANUARY 4, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2011

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

                        FEBRUARY 17, 2011

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 890, as amended, Olsen. Environment: CEQA exemption: roadway
improvement. 
   (1) The 
    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   , until
January 1, 2026,  exempt a project or an activity  that
is undertaken, carried out, or approved by a city or county,
including a city and county, to improve public safety within an
existing road right-of-way. This bill would provide that this
exemption would not apply to a project or activity undertaken,
carried out, or approved for the purpose of increasing traffic
capacity. Because a lead agency would be required to determine
whether a project falls within the above exemption, this bill would
impose a state-mandated local program   to repair,
maintain, or make minor alterations to an existing roadway if the
project or activity is initiated by a city or county to improve
public safety, does not cross a waterway, and involves negligible or
no expansion of existing use . 
   (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
  no  . State-mandated local program:  yes
  no  .


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.  (a) Except as provided in subdivision (b), this
division does not apply to a project or activity undertaken, carried
out, or approved by a city or county to improve public safety within
an existing road right-of-way.
   (b) This section does not apply to a project or an activity
undertaken, carried out, or approved by a city or county for the
purpose of increasing traffic capacity.  
   21080.37.  (a) This division does not apply to a project or an
activity to repair, maintain, or make minor alterations to an
existing roadway if all of the following conditions are met:
   (1) The project is initiated by a city or county to improve public
safety.
   (2) The project does not cross a waterway.
   (3) The project involves negligible or no expansion of an existing
use.
   (b) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.  
  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.