BILL ANALYSIS Ó
AB 323
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Date of Hearing: March 23, 2015
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, Chair
AB 323
(Olsen) - As Introduced February 13, 2015
SUBJECT: California Environmental Quality Act: exemption:
roadway improvement
SUMMARY: Repeals the January 1, 2016 sunset on an exemption
from the California Environmental Quality Act (CEQA) for
projects to repair, maintain, and make minor alterations to
existing roadways, provided the project is carried out by a city
or county with a population of less than 100,000 to improve
public safety and meets other specified conditions.
EXISTING LAW:
1)Requires lead agencies with the principal responsibility for
carrying out or approving a proposed project to prepare a
negative declaration, mitigated negative declaration, or
environmental impact report (EIR) for this action, unless the
project is exempt from CEQA (CEQA includes various statutory
exemptions, as well as categorical exemptions in the CEQA
guidelines).
2)Exempts, until January 1, 2016, minor roadway repairs,
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maintenance and minor alterations meeting the following
conditions:
a) The project is carried out by a city or county with
a population of less than 100,000 to improve public
safety.
b) The project does not cross a "waterway" (defined as
a bay, estuary, lake, pond, river, slough, or a
perennial, intermittent, or ephemeral stream, lake, or
estuarine-marine shoreline).
c) Exclude projects on state roadways; sites containing
wetlands, riparian areas, and significant wildlife
habitat value; and that harm any protected species,
impact cultural resources, or affect scenic resources.
d) Require the lead agency to mitigate potential
vehicular traffic and safety impacts, and bicycle and
pedestrian safety impacts; hold a noticed public hearing
on the project to hear and respond to public comments;
and to file a notice of exemption with the Office of
Planning and Research (OPR).
FISCAL EFFECT: Non-fiscal
COMMENTS:
1)Background. CEQA provides a process for evaluating the
environmental effects of applicable projects undertaken or
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approved by public agencies. If a project is not exempt from
CEQA, an initial study is prepared to determine whether the
project may have a significant effect on the environment. If
the initial study shows that there would not be a significant
effect on the environment, the lead agency must prepare a
negative declaration. If the initial study shows that the
project may have a significant effect on the environment, the
lead agency must prepare an EIR.
Generally, an EIR must accurately describe the proposed
project, identify and analyze each significant environmental
impact expected to result from the proposed project, identify
mitigation measures to reduce those impacts to the extent
feasible, and evaluate a range of reasonable alternatives to
the proposed project. Prior to approving any project that has
received environmental review, an agency must make certain
findings. If mitigation measures are required or incorporated
into a project, the agency must adopt a reporting or
monitoring program to ensure compliance with those measures.
It should be noted that CEQA already provides alternatives to
comprehensive environmental review for minor projects. First,
the CEQA Guidelines provide a categorical exemption for work
on existing facilities where there is negligible expansion of
an existing use, specifically including "(e)xisting highways
and streets, sidewalks, gutters, bicycle and pedestrian
trails, and similar facilities," (CEQA Guidelines, Section
15301(c)). Second, if the project is not exempt from CEQA,
but the initial study shows that it would not result in a
significant effect on the environment, the lead agency must
prepare a negative declaration, and no EIR is required.
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2)Jury is out on the AB 890 exemption. In 2012, AB 890 (Olsen)
established the minor roadway exemption that is the subject of
this bill. AB 890 included a January 1, 2016 sunset. Among
its conditions, AB 890 required lead agencies claiming
exemption to file a notice with OPR. OPR reports no notices
filed to date, so it appears the AB 890 exemption has not been
used yet. To preserve the Legislature's ability to
periodically evaluate the effects of this exemption, the
author and the committee may wish to consider extending the
sunset by four years, to January 1, 2020, rather than
eliminating it.
REGISTERED SUPPORT / OPPOSITION:
Support
California Central Valley Flood Control Association
California Chamber of Commerce
Rural County Representatives of California
Southwest California Legislative Council
Opposition
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None on file
Analysis Prepared by:Lawrence Lingbloom / NAT. RES. / (916)
319-2092