California Legislature—2015–16 First Extraordinary Session

Senate Bill No. 11

Introduced by Senator Berryhill

(Coauthors: Senators Anderson, Bates, Fuller, Gaines, Huff, Morrell, Runner, Stone, and Vidak)

(Coauthor: Assembly Member Bigelow)

July 16, 2015

An act to amend Section 21080.37 of the Public Resources Code, relating to the California Environmental Quality Act.

LEGISLATIVE COUNSEL’S DIGEST

SB 11, as introduced, Berryhill. California Environmental Quality Act: exemption: roadway improvement.

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.

CEQA, until January 1, 2016, exempts a project or an activity to repair, maintain, or make minor alterations to an existing roadway, as defined, other than a state roadway, if the project or activity is carried out by a city or county with a population of less than 100,000 persons to improve public safety and meets other specified requirements.

This bill would extend the above-referenced exemption until January 1, 2025, and delete the limitation of the exemption to projects or activities in cities and counties with a population of less than 100,000 persons. The bill would also expand the exemption to include state roadways.

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 21080.37 of the Public Resources Code
is amended to read:

21080.37.  

(a) This division does not apply to a project or an
activity to repair, maintain, or make minor alterations to an existing
roadway if all of the following conditions are met:

begin delete

(1) The project is carried out by a city or county with a
population of less than 100,000 persons to improve public safety.

end delete begin delete

(2)

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begin insert (1) end insert  (A) The project does not cross a waterway.

(B) For purposes of this paragraph, “waterway” means a bay,
estuary, lake, pond, river, slough, or a perennial, intermittent, or
ephemeral stream, lake, or estuarine-marine shoreline.

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(3)

end delete

begin insert (2) end insert  The project involves negligible or no expansion of an
existing use beyond that existing at the time of the lead agency’s
determination.

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(4) The roadway is not a state roadway.

end delete begin delete

(5)

end delete

begin insert (3) end insert  (A) The site of the project does not contain wetlands or
riparian areas and does not have significant value as a wildlife
habitat, and the project does not harm any species protected by the
federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et
seq.), the Native Plant Protection Act (Chapter 10 (commencing
with Section 1900) of Division 2 of the Fish and Game Code), or
the California Endangered Species Act (Chapter 1.5 (commencing
with Section 2050) of Division 3 of the Fish and Game Code), and
the project does not cause the destruction or removal of any species
protected by a local ordinance.

(B) For the purposes of this paragraph:

(i) “Riparian areas” mean those areas transitional between
terrestrial and aquatic ecosystems and that are distinguished by
gradients in biophysical conditions, ecological processes, and biota.
A riparian area is an area through which surface and subsurface
hydrology connect waterbodies with their adjacent uplands. A
riparian area includes those portions of terrestrial ecosystems that
significantly influence exchanges of energy and matter with aquatic
ecosystems. A riparian area is adjacent to perennial, intermittent,
and ephemeral streams, lakes, and estuarine-marine shorelines.

(ii) “Significant value as a wildlife habitat” includes wildlife
habitat of national, statewide, regional, or local importance; habitat
for species protected by the federal Endangered Species Act of
1973 (16 U.S.C. Sec. 1531, et seq.), the California Endangered
Species Act (Chapter 1.5 (commencing with Section 2050) of
Division 3 of the Fish and Game Code), or the Native Plant
Protection Act (Chapter 10 (commencing with Section 1900) of
Division 2 of the Fish and Game Code); habitat identified as
candidate, fully protected, sensitive, or species of special status
by local, state, or federal agencies; or habitat essential to the
movement of resident or migratory wildlife.

(iii) “Wetlands” has the same meaning as in the United States
Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

(iv) “Wildlife habitat” means the ecological communities upon
which wild animals, birds, plants, fish, amphibians, and
invertebrates depend for their conservation and protection.

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(6)

end delete

begin insert (4) end insert  The project does not impact cultural resources.

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(7)

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begin insert (5) end insert  The roadway does not affect scenic resources, as provided
pursuant to subdivision (c) of Section 21084.

(b) Prior to determining that a project is exempt pursuant to this
section, the lead agency shall do both of the following:

(1) Include measures in the project to mitigate potential
vehicular traffic and safety impacts and bicycle and pedestrian
safety impacts.

(2) Hold a noticed public hearing on the project to hear and
respond to public comments. The hearing on the project may be
conducted with another noticed lead agency public hearing.
Publication of the notice shall be no fewer times than required by
Section 6061 of the Government Code, by the begin delete public end delete begin insert lead end insert agency
in a newspaper of general circulation in the area.

(c) For purposes of this section, “roadway” means a roadway
as defined pursuant to Section 530 of the Vehicle Code and the
previously graded and maintained shoulder that is within a roadway
right-of-way of no more than five feet from the edge of the
roadway.

(d)  begin insert (1) end insert begin insert   end insert begin insert If a state agency determines that a project is not subject
to this division pursuant to this section, and it approves or
determines to carry out that project, it shall file a notice with the
Office of Planning and Research in the manner specified in
subdivisions (b) and (c) of Section 21108. end insert

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Whenever

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begin insert (2) end insert begin insert   end insert begin insert If end insert a local agency determines that a project is not subject to
this division pursuant to this section, and it approves or determines
to carry out that project, begin delete the local agency end delete begin insert it end insert shall file a notice with
the Office of Planning and Research, and with the county clerk in
the county in which the project will be located in the manner
specified in subdivisions (b) and (c) of Section 21152.

(e) This section shall remain in effect only until January 1, begin delete 2016, end delete
begin insert 2025, end insert and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, begin delete 2016, end delete begin insert 2025, end insert deletes or extends
that date.