BILL ANALYSIS Ó
AB 890
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Date of Hearing: January 19, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 890 (Olsen and Perea) - As Amended: January 13, 2012
Policy Committee: Natural
ResourcesVote:6-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill, until January 1, 2016, exempts from the requirements
of the California Environmental Quality Act (CEQA) a project to
repair, maintain or alter an existing roadway if the project:
1)Is initiated by a city or county to improve public safety.
2)Does not cross a waterway.
3)Does not expand an existing use or does so only negligibly.
FISCAL EFFECT
Negligible state cost.
COMMENTS
1) Rationale . The author intends the exemption provided by this
bill to make it easier for local governments to make minor
improvements to roads to better ensure public safety.
2)CEQA obligates public officials to consider the environmental
effects of their decisions. The lead agency that proposes to
approve a project must conduct an initial study to determine
if the project may have significant, adverse environmental
effects, though some projects on existing facilities are
exempt from CEQA. If the lead agency determines the project
does not have significant, adverse environmental effects, it
issues a negative declaration and, after a 30-day review
period, proceeds with its review and decision. If the lead
agency finds minor effects that can be mitigated, it issues a
mitigated negative declaration and then proceeds. If the lead
agency finds that the effects of the project may be
AB 890
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significant, it prepares an environmental impact report (EIR),
a document that show public officials how to avoid or mitigate
the project's environmental effects.
Preparing the EIR begins when the lead agency sends notice of
preparation to other public agencies, soliciting advice on the
EIR's scope. If the project is of statewide, regional, or
area-wide significance, the lead agency holds a scoping
meeting with the other agencies. The lead agency circulates
its draft EIR and invites public comments during a 45-day
review period.
After this public review, the lead agency issues a final EIR
that responds to the comments that it received. After
certifying the final EIR, the lead agency files notice to
allow the project to proceed.
CEQA allows a lead agency to prepare a supplemental EIR,
instead of a completely new EIR, to account for minor
additions or changes to the project not covered in the
original EIR. Conversely, substantial changes to a project
would require a lead agency to prepare a new EIR.
3)Support. This bill is supported by the California State
Association of Counties, the Regional Council of Rural
Counties, the Associated Builders and Contractors of
California and several local governments, who seek to
undertake the types of projects this bill would exempt from
CEQA.
4)Opposition. This bill is opposed by several environmental
groups, including The Planning and Conservation League and the
Sierra Club California, who contend adequate CEQA exemptions
exist for minor projects on existing facilities and who
generally oppose further weakening of CEQA.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081