Senate BillNo. 901


Introduced by Senator Bates

January 21, 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.

LEGISLATIVE COUNSEL’S DIGEST

SB 901, as introduced, Bates. Transportation projects: Advanced Mitigation Program.

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 would require the department to set aside certain amounts of future appropriations for this purpose.

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

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

P1    1

SECTION 1.  

Article 2.5 (commencing with Section 800) is
2added to Chapter 4 of Division 1 of the Streets and Highways
3Code
, to read:

 

P2    1Article 2.5.  Advanced Mitigation Program
2

 

3

800.  

(a) The Advanced Mitigation Program is hereby created
4in the department to accelerate project delivery and improve
5environmental outcomes of environmental mitigation for
6transportation infrastructure projects.

7(b) For the purposes of this article, “advanced mitigation” means
8mitigation implemented before, and in anticipation of,
9environmental effects of future transportation projects. This
10program may utilize mitigation instruments including, but not
11limited to, mitigation banks, in lieu of fee programs, and
12conservation easements as defined in Section 815.1 of the Civil
13Code.

14(c) The department shall track all implemented advanced
15mitigation projects to use as credits for environmental mitigation
16for state-sponsored transportation projects.

17(d) The department may use advanced mitigation credits to
18fulfill mitigation requirements of any environmental law for a
19transportation project eligible for the State Transportation
20Improvement Program or the State Highway Operation and
21Protection Program.

22(e) No later than February 1, 2016, the department shall establish
23an interagency transportation advanced mitigation steering
24committee consisting of the department and appropriate state and
25federal agencies to support the Advanced Mitigation Program so
26that advanced mitigation can be used as required mitigation for
27future transportation projects and provide improved environmental
28outcomes. The committee shall advise the department of
29opportunities to carry out advanced mitigation projects, provide
30the best available science, and actively participate in mitigation
31instrument reviews and approvals. The committee shall seek to
32develop streamlining opportunities, including those related to
33landscape scale mitigation planning, and alignment of federal and
34state regulations and procedures related to mitigation requirements
35and implementation. The committee shall also provide input on
36crediting, using, and tracking of advanced mitigation investments.

37(f) Commencing with the 2016-17 fiscal year, the department
38shall set aside no less than thirty million dollars ($30,000,000)
39annually for the Advanced Mitigation Program from the annual
40appropriations for the State Transportation Improvement Program
P3    1and the State Highway Operation and Protection Program for the
2planning and implementation of projects in the Advanced
3Mitigation Program. The commission shall program the funds set
4aside for the Advanced Mitigation Program consistent with the
5purposes of the program.



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