AB 1569, as amended, 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 21080.36 is added to the Public Resources
2Code, to read:
(a) This division does not apply to a project, or the
4issuance of a permit for a project, that consists of the inspection,
5maintenance, repair, rehabilitation, replacement, or removal of
6existing transportation infrastructure, including, but not limited
7to, highways, roadways, bridges, culverts, tunnels, transit systems,
8bikeways, and paths and sidewalks serving bicycles or pedestrians,
9or both bicycles and pedestrians, or the addition of an auxiliary
10lane or bikeway to existing transportation infrastructure if the
11project is located within an existing right-of-way, and any area
12surrounding the right-of-way that is to be altered as a result of
13construction activities that are necessary for the completion of the
14project will be
restored to its condition before the project, and does
15not add additional motor vehicle lanes, except auxiliary lanes.
16(b) For a project meeting the requirements of subdivision (a),
17the public agency carrying out the project shall do all of the
18following:
19(1) Notify, in writing, any affected public agency, including,
20but not limited to, any public agencybegin delete havingend deletebegin insert that hasend insert permit, land
21use, environmental, public health protection, or emergency
22response authority over the project.
23(2) Provide the notice of exemption in a manner specified in
24subdivision
(b) of Section 21108 or subdivision (b) of Section
2521152.
26(3) Comply with all conditions otherwise authorized by law,
27and any conditions imposed by the city or county planning
28department as part of any applicable local agency permit process
29that are required to mitigate potential impacts of the project and
30to otherwise comply with the Porter-Cologne Water Quality
31Control Act (Division 7 (commencing with Section 13000) of the
P3 1Water Code), Chapter 6 (commencing with Section 1600) of
2Division 2 of the Fish and Game Code, the California Endangered
3Species Act (Chapter 1.5 (commencing with Section 2050) of
4Division 3 of the Fish and Game Code), and other applicable state
5and federalbegin delete law.end deletebegin insert
laws.end insert
6(c) For purposes of this section, “auxiliary lane” means the
7portion of the roadway used for weaving, truck climbing, speed
8change, or for other purposes supplemental to through traffic
9movement.
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