Amended in Assembly April 25, 2016

Amended in Assembly March 16, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1833

Introduced by Assembly Member Linder

February 9, 2016

An act to add Article 2.5 (commencing with Section 800) to Chapter 4 of Division 1 of the Streets and Highways Code, relating to transportation.


AB 1833, as amended, Linder. Transportation projects: environmental mitigation.

The California Environmental Quality Act (CEQA) requires a lead agency to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect, subject to certain exceptions.

The bill would create the Advanced Mitigation Program in the Department of Transportation to implement environmental mitigation measures in advance of future transportation projects. The bill, by February 1, 2017, would require the department to establish a steering committee to advise the department in that regard.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1


Article 2.5 (commencing with Section 800) is
2added to Chapter 4 of Division 1 of the Streets and Highways
, to read:


5Article 2.5.  Advanced Mitigation Program




(a) The Advanced Mitigation Program is hereby created
8in the department to accelerate project delivery and improve
9environmental outcomes of environmental mitigation for
10transportation infrastructure projects.

11(b) For the purposes of this article, “advanced mitigation” means
12mitigation implemented before, and in anticipation of,
13environmental effects of future transportation projects. This
14program may utilize mitigation instruments including, but not
15limited to, mitigation banks, in lieu of fee programs, and
16conservation easements as defined in Section 815.1 of the Civil

18(c) The department shall track all implemented advanced
19mitigation projects to use as credits for environmental mitigation
20for state-sponsored transportation projects.

21(d) The department may use advanced mitigation credits to
22fulfill mitigation requirements of any environmental law for a
23transportation project eligible for the State Transportation
24Improvement Program or the State Highway Operation and
25Protection Program.

26(e) No later than February 1, 2017, the department shall establish
27an interagency transportation advanced mitigation steering
28committee consisting of the department and appropriate state and
29federal agencies to support the Advanced Mitigation Program so
30that advanced mitigation can be used as required mitigation for
31future transportation projects and provide improved environmental
32outcomes. The committee shall advise the department of
33opportunities to carry out advanced mitigation projects, provide
34the best available science, and actively participate in mitigation
35instrument reviews and approvals. The committee shall seek to
36develop streamlining opportunities, including those related to
37landscape scale mitigation planning, and alignment of federal and
38state regulations and procedures related to mitigation requirements
P3    1and implementation. The committee shall also provide input on
2crediting, using, and tracking of advanced mitigation investments.

begin insert

(f) Nothing in this article replaces or alters mitigation
4requirements of any other law. Any mitigation undertaken pursuant
5to this article shall meet or exceed all applicable requirements of
6the California Environmental Quality Act (Division 13
7 (commencing with Section 21000) of the Public Resources Code),
8the California Endangered Species Act (Chapter 1.5 (commencing
9with Section 2050) of Division 3 of the Fish and Game Code), or
10other applicable law.

end insert