BILL NUMBER: AB 1569	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Steinorth

                        JANUARY 4, 2016

   An act to add Section 21080.36 to the Public Resources Code,
relating to environmental quality.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1569, as introduced, Steinorth. California Environmental
Quality Act: exemption: existing transportation infrastructure.
   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 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.
   This bill would exempt from the provisions of CEQA a project, or
the issuance of a permit for a project, that consists of the
inspection, maintenance, repair, rehabilitation, replacement, or
removal of, or the addition of an auxiliary lane or bikeway to,
existing transportation infrastructure and that meets certain
requirements. The bill would require the public agency carrying out
the project to take certain actions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21080.36 is added to the Public Resources Code,
to read:
   21080.36.  (a) This division does not apply to a project, or the
issuance of a permit for a project, that consists of the inspection,
maintenance, repair, rehabilitation, replacement, or removal of
existing transportation infrastructure, including, but not limited
to, highways, roadways, bridges, culverts, tunnels, transit systems,
bikeways, and paths and sidewalks serving bicycles or pedestrians, or
both bicycles and pedestrians, or the addition of an auxiliary lane
or bikeway to existing transportation infrastructure if the project
is located within an existing right-of-way, and any area surrounding
the right-of-way that is to be altered as a result of construction
activities that are necessary for the completion of the project will
be restored to its condition before the project, and does not add
additional motor vehicle lanes, except auxiliary lanes.
   (b) For a project meeting the requirements of subdivision (a), the
public agency carrying out the project shall do all of the
following:
   (1) Notify, in writing, any affected public agency, including, but
not limited to, any public agency having permit, land use,
environmental, public health protection, or emergency response
authority over the project.
   (2) Provide the notice of exemption in a manner specified in
subdivision (b) of Section 21108 or subdivision (b) of Section 21152.

   (3) Comply with all conditions otherwise authorized by law, and
any conditions imposed by the city or county planning department as
part of any applicable local agency permit process that are required
to mitigate potential impacts of the project and to otherwise comply
with the Porter-Cologne Water Quality Control Act (Division 7
(commencing with Section 13000) of the Water Code), Chapter 6
(commencing with Section 1600) of Division 2 of the Fish and Game
Code, the California Endangered Species Act (Chapter 1.5 (commencing
with Section 2050) of Division 3 of the Fish and Game Code), and
other applicable state and federal law.
   (c) For purposes of this section, "auxiliary lane" means the
portion of the roadway used for weaving, truck climbing, speed
change, or for other purposes supplemental to through traffic
movement.