Bill Text: CA SB901 | 2015-2016 | Regular Session | Introduced

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Bill Title: Transportation projects: Advanced Mitigation Program.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [SB901 Detail]

Download: California-2015-SB901-Introduced.html

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BILL NUMBER: SB 901	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Bates

                        JANUARY 21, 2016

   An act to add Article 2.5 (commencing with Section 800) to Chapter
4 of Division 1 of the Streets and Highways Code, relating to
transportation.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 901, as introduced, Bates. Transportation projects: Advanced
Mitigation Program.
   The California Environmental Quality Act (CEQA) requires a lead
agency to prepare, or cause to be prepared, and certify the
completion of an environmental impact report on a project, as
defined, that it proposes to carry out or approve that may have a
significant effect on the environment, as defined, or to adopt a
negative declaration if it finds that the project will not have that
effect, subject to certain exceptions.
   The bill would create the Advanced Mitigation Program in the
Department of Transportation to implement environmental mitigation
measures in advance of future transportation projects. The bill would
require the department to set aside certain amounts of future
appropriations for this purpose.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Article 2.5 (commencing with Section 800) is added to
Chapter 4 of Division 1 of the Streets and Highways Code, to read:

      Article 2.5.  Advanced Mitigation Program


   800.  (a) The Advanced Mitigation Program is hereby created in the
department to accelerate project delivery and improve environmental
outcomes of environmental mitigation for transportation
infrastructure projects.
   (b) For the purposes of this article, "advanced mitigation" means
mitigation implemented before, and in anticipation of, environmental
effects of future transportation projects. This program may utilize
mitigation instruments including, but not limited to, mitigation
banks, in lieu of fee programs, and conservation easements as defined
in Section 815.1 of the Civil Code.
   (c) The department shall track all implemented advanced mitigation
projects to use as credits for environmental mitigation for
state-sponsored transportation projects.
   (d) The department may use advanced mitigation credits to fulfill
mitigation requirements of any environmental law for a transportation
project eligible for the State Transportation Improvement Program or
the State Highway Operation and Protection Program.
   (e) No later than February 1, 2016, the department shall establish
an interagency transportation advanced mitigation steering committee
consisting of the department and appropriate state and federal
agencies to support the Advanced Mitigation Program so that advanced
mitigation can be used as required mitigation for future
transportation projects and provide improved environmental outcomes.
The committee shall advise the department of opportunities to carry
out advanced mitigation projects, provide the best available science,
and actively participate in mitigation instrument reviews and
approvals. The committee shall seek to develop streamlining
opportunities, including those related to landscape scale mitigation
planning, and alignment of federal and state regulations and
procedures related to mitigation requirements and implementation. The
committee shall also provide input on crediting, using, and tracking
of advanced mitigation investments.
   (f) Commencing with the 2016-17 fiscal year, the department shall
set aside no less than thirty million dollars ($30,000,000) annually
for the Advanced Mitigation Program from the annual appropriations
for the State Transportation Improvement Program and the State
Highway Operation and Protection Program for the planning and
implementation of projects in the Advanced Mitigation Program. The
commission shall program the funds set aside for the Advanced
Mitigation Program consistent with the purposes of the program.