BILL NUMBER: AB 890	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 24, 2012
	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, 2016, exempt a project or an
activity to repair, maintain, or make minor alterations to an
existing roadway  , as defined,  if the project or activity
is  initiated   carried  by a city or
county to improve public safety  , does not cross a waterway,
and involves negligible or no expansion of existing use 
 meeting specified requirements  .
   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:  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) 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   carried out
 by a city or county  with a population of less than 100,000
persons to improve public safety.
   (2)  (A)    The project does not cross a
waterway. 
   (B) For purposes of the paragraph, "waterway" means a bay,
estuary, lake, pond, river, slough, or a perennial, intermittent, or
ephemeral stream, lake, or estuarine-marine shoreline. 
   (3) The project involves negligible or no expansion of an existing
use  beyond that existing at the time of the lead agency's
determination  . 
   (4) The roadway is not a state roadway.  
   (5) (A) The site of the project does not contain wetlands or
riparian areas and does not have significant value as a wildlife
habitat, and the project does not harm any species protected by the
federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.),
the Native Plant Protection Act (Chapter 10 (commencing with Section
1900) of Division 2 of the Fish and Game Code), or the California
Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of
Division 3 of the Fish and Game Code), and the project does not
cause the destruction or removal of any species protected by a local
ordinance.  
   (B) For the purposes of this paragraph:  
   (i) "Riparian areas" mean those areas transitional between
terrestrial and aquatic ecosystems and that are distinguished by
gradients in biophysical conditions, ecological processes, and biota.
A riparian area is an area through which surface and subsurface
hydrology connect waterbodies with their adjacent uplands. A riparian
area includes those portions of terrestrial ecosystems that
significantly influence exchanges of energy and matter with aquatic
ecosystems. A riparian area is adjacent to perennial, intermittent,
and ephemeral streams, lakes, and estuarine-marine shorelines. 

   (ii) "Significant value as a wildlife habitat" includes wildlife
habitat of national, statewide, regional, or local importance;
habitat for species protected by the federal Endangered Species Act
of 1973 (16 U.S.C. Sec. 1531, et seq.), the California Endangered
Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3
of the Fish and Game Code), or the Native Plant Protection Act
(Chapter 10 (commencing with Section 1900) of Division 2 of the Fish
and Game Code); habitat identified as candidate, fully protected,
sensitive, or species of special status by local, state, or federal
agencies; or habitat essential to the movement of resident or
migratory wildlife.  
   (iii) "Wetlands" has the same meaning as in the United States Fish
and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). 

   (iv) "Wildlife habitat" means the ecological communities upon
which wild animals, birds, plants, fish, amphibians, and
invertebrates depend for their conservation and protection. 

   (6) The project does not impact cultural resources.  
   (7) The roadway does not affect scenic resources, as provided
pursuant to subdivision (c) of Section 21084.  
   (b) Prior to determining that a project is exempt pursuant to this
section, the lead agency shall do both of the following:  
   (1) Include measures in the project to mitigate potential
vehicular traffic and safety impacts and bicycle and pedestrian
safety impacts.  
   (2) Hold a noticed public hearing on the project to hear and
respond to public comments. The hearing on the project may be
conducted with another noticed lead agency public hearing.
Publication of the notice shall be no fewer times than required by
Section 6061 of the Government Code, by the public agency in a
newspaper of general circulation in the area.  
   (c) For purposes of this section, "roadway" means a roadway as
defined pursuant to Section 530 of the Vehicle Code and the
previously graded and maintained shoulder that is within a roadway
right-of-way of no more than five feet from the edge of the roadway.
 
   (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) 
    (d)    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. 
   (c) 
    (e)    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.