BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 20, 2015


                        ASSEMBLY COMMITTEE ON TRANSPORTATION


                                 Jim Frazier, Chair


          AB 323  
          (Olsen) - As Amended April 6, 2015


          SUBJECT:  California Environmental Quality Act:  exemption:   
          roadway improvement


          SUMMARY:  Extends the January 1, 2016, sunset date, until  
          January 1, 2020, on an exemption from the California  
          Environmental Quality Act (CEQA) for projects to repair,  
          maintain, and make minor alterations to existing roadways.  


          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 project, unless the  
            project is exempt from CEQA.



          2)Exempts from CEQA, until January 1, 2016, minor roadway  
            repairs, maintenance and minor alterations meeting the  
            following conditions:










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             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)   The project involves negligible or no expansion of an  
               existing use.



             d)   The project is not on a state highway.



             e)   The site of the project does not contain wetlands,  
               riparian areas, or significant wildlife habitat value and  
               does not harm any protected species, impact cultural  
               resources, or affect scenic resources.



          3)Requires the lead agency to: include measures in the project  
            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 file a notice of exemption with the Office of Planning and  
            Research (OPR).



          4)Exempts from CEQA any emergency project undertaken by a public  








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            agency to maintain, repair, or restore an existing highway  
            that has been damaged as a result of fire, flood, storm,  
            earthquake, land subsidence, gradual earth movement, or  
            landslide, within one year of the damage.   
          FISCAL EFFECT:  Unknown


          COMMENTS:  CEQA provides a process for evaluating the  
          environmental effects of applicable projects undertaken or  
          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 project, identify mitigation measures to reduce those  
          impacts to the extent feasible, and evaluate a range of  
          reasonable alternatives to the project.  


          Legislation enacted in 2012, AB 890 (Olsen), Chapter 528,  
          Statutes of 2012, exempted from CEQA minor highway repair  
          projects carried out by a local government, until January 1,  
          2016.  This exemption is consistent with other existing CEQA  
          exemptions.  For example, CEQA guidelines provide a categorical  
          exemption for work on existing facilities where there is  
          negligible expansion of an existing use, specifically including  
          existing highways and streets, sidewalks, gutters, bicycle and  
          pedestrian trails, and similar facilities.  Additionally,  
          emergency projects undertaken by a public agency to maintain,  
          repair, or restore an existing highway that has been damaged as  
          a result of fire, flood, storm, earthquake, land subsidence,  
          gradual earth movement or landslide are exempt from CEQA if  
          carried out within one year of the damage.   









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          AB 890 included a provision that requires lead agencies claiming  
          the exemption to file a notice with OPR.  According to the  
          Assembly Natural Resources Committee analysis, where this bill  
          was heard previously, OPR reports no notices filed to date  
          related to the AB 890 exemption.  Consequently, 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, AB 323 includes a 


          four-year sunset, until January 1, 2020.



          Supporters assert that, while the need for environmental review  
          on major projects is without question, less intensive safety  
          projects, such as installing or replacing a guardrail within the  
          existing footprint of a local street, have few if any  
          environmental impacts.  They support AB 323 because it has the  
          potential to save money and time, especially for local  
          authorities in rural areas of the state. 


          Double-referral: This bill passed out of the Assembly Natural  
          Resources Committee on 


          March 23, 2015, with a 9-0 vote.
          Previous legislation:  AB 890 (Olsen), Chapter 528, Statutes of  
          2012, provided the original CEQA exemption for minor repairs of  
          existing roadwork.


          REGISTERED SUPPORT / OPPOSITION:









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          Support


          Association of California Cities-Orange County


          California Central Valley Flood Control Association


          California Chamber of Commerce


          California Construction Trucking Association


          California State Association of Counties


          League of California Cities


          Rural County Representatives of California


          Southwest California Legislative Council


          Tuolumne County Board of Supervisors




          Opposition


          None on file








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          Analysis Prepared by:Janet Dawson / TRANS. / (916) 319-2093