BILL NUMBER: AB 890	AMENDED
	BILL TEXT

	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 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  an  activity that is undertaken 
, carried out, or approved  by a city  ,  
or  county,  or   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.
   (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   (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  for the purposes
of roadway improvement that includes, but is not limited to, shoulder
widening, guardrail improvement, minor drainage, culvert
replacement, traffic signal modification, 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  . 
   (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. 
  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.