BILL NUMBER: AB 1833AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 25, 2016 AMENDED IN ASSEMBLY MARCH 16, 2016 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. LEGISLATIVE COUNSEL'S DIGEST 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: SECTION 1. Article 2.5 (commencing with Section 800) is added to Chapter 4 of Division 1 of the Streets and Highways Code, to read: Article 2.5. Advanced Mitigation Program 800. (a) The Advanced Mitigation Program is hereby created in the department to accelerate project delivery and improve environmental outcomes of environmental mitigation for transportation infrastructure projects. (b) For the purposes of this article, "advanced mitigation" means mitigation implemented before, and in anticipation of, environmental effects of future transportation projects. This program may utilize mitigation instruments including, but not limited to, mitigation banks, in lieu of fee programs, and conservation easements as defined in Section 815.1 of the Civil Code. (c) The department shall track all implemented advanced mitigation projects to use as credits for environmental mitigation for state-sponsored transportation projects. (d) The department may use advanced mitigation credits to fulfill mitigation requirements of any environmental law for a transportation project eligible for the State Transportation Improvement Program or the State Highway Operation and Protection Program. (e) No later than February 1, 2017, the department shall establish an interagency transportation advanced mitigation steering committee consisting of the department and appropriate state and federal agencies to support the Advanced Mitigation Program so that advanced mitigation can be used as required mitigation for future transportation projects and provide improved environmental outcomes. The committee shall advise the department of opportunities to carry out advanced mitigation projects, provide the best available science, and actively participate in mitigation instrument reviews and approvals. The committee shall seek to develop streamlining opportunities, including those related to landscape scale mitigation planning, and alignment of federal and state regulations and procedures related to mitigation requirements and implementation. The committee shall also provide input on crediting, using, and tracking of advanced mitigation investments. (f) Nothing in this article replaces or alters mitigation requirements of any other law. Any mitigation undertaken pursuant to this article shall meet or exceed all applicable requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or other applicable law.