BILL NUMBER: AB 890	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 7, 2012
	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 of the Public Resources
Code, relating to the environment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 890, as amended, Olsen. Environment: CEQA exemption: roadway
improvement.
    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, until January 1,  2026  
2016  , exempt a project or an activity 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. 
   CEQA authorizes a state agency, whenever it determines that a
project is not subject to CEQA pursuant to designated provisions and
the state agency approves or determines to carry out the project, to
file a specified notice of that approval or determination with the
Office of Planning and Research. CEQA authorizes a local agency,
whenever it determines that a project is not subject to CEQA pursuant
to designated provisions and the local agency approves or determines
to carry out the project, to file a specified notice of that
approval or determination with the county clerk of each county in
which the project will be located.  
   This bill would require a state agency that determines that such a
roadway improvement project is not subject to CEQA, and the state
agency approves or determines to carry out that project, to file a
specified notice with the Office of Planning and Research. The bill
also would require a local agency that makes such a determination and
approves and determines to carry out that project, to file a
specified notice with the Office of Planning and Research, and with
the county clerk in the county in which the project will be located.
Because the bill would impose new duties on local agencies with
regard to providing notice of project determinations, the bill would
impose a state-mandated local program.  
   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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  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.  (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) (1) Whenever a state agency determines that a project is not
subject to this division pursuant to this section, and it approves or
determines to carry out that project, the state agency shall file a
notice with the Office of Planning and Research in the manner
specified in subdivisions (b) and (c) of Section 21108.  
   (2) Whenever a local agency determines that a project is not
subject to this division pursuant to this section, and it approves or
determines to or carry out that project, the local agency shall file
a notice with the Office of Planning and Research, and with the
county clerk in the county in which the project will be located in
the manner specified in subdivisions (b) and (c) of Section 21152.
 
   (b) 
    (c)  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.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.