California Assembly Bill AB890 Amended / Bill

 BILL NUMBER: AB 890AMENDED BILL TEXT AMENDED IN ASSEMBLY JANUARY 13, 2012 AMENDED IN ASSEMBLY JANUARY 4, 2012 AMENDED IN ASSEMBLY MARCH 29, 2011 INTRODUCED BY Assembly Members Olsen and Perea (Coauthors: Assembly Members Garrick, Gorell, Grove, Harkey, and Silva) (Coauthors: Senators Berryhill, Harman, Rubio, and Runner) FEBRUARY 17, 2011 An act to add  and repeal  Section 21080.37  to   of  the Public Resources Code, relating to the environment. LEGISLATIVE COUNSEL'S DIGEST AB 890, as amended, Olsen. Environment: CEQA exemption: roadway improvement.  (1) The   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 (EIR) 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 exempts from its requirements specified projects or activities. This bill would  additionally   , until January 1, 2026,  exempt a project or an activity  that is undertaken, carried out, or approved by a city or county, including a city and county, to improve public safety within an existing road right-of-way. This bill would provide that this exemption would not apply to a project or activity undertaken, carried out, or approved for the purpose of increasing traffic capacity. Because a lead agency would be required to determine whether a project falls within the above exemption, this bill would impose a state-mandated local program   to repair, maintain, or make minor alterations to an existing roadway if the project or activity is initiated by a city or county to improve public safety, does not cross a waterway, and involves negligible or no expansion of existing use .  (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.   This bill would provide that no reimbursement is required by this act for a specified reason.  Vote: majority. Appropriation: no. Fiscal committee:  yes   no  . State-mandated local program:  yes   no  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 21080.37 is added to the Public Resources Code, to read:  21080.37. (a) Except as provided in subdivision (b), this division does not apply to a project or activity undertaken, carried out, or approved by a city or county to improve public safety within an existing road right-of-way. (b) This section does not apply to a project or an activity undertaken, carried out, or approved by a city or county for the purpose of increasing traffic capacity.   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: (1) The project is initiated by a city or county to improve public safety. (2) The project does not cross a waterway. (3) The project involves negligible or no expansion of an existing use. (b) This section shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date.   SEC. 2.   No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.