Amended IN Assembly March 26, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1149Introduced by Assembly Member FongFebruary 21, 2019 An act to amend Section 21050 of add and repeal Section 14521.5 of the Government Code, and to add and repeal Section 21080.40 of the Public Resources Code, relating to environmental quality. LEGISLATIVE COUNSEL'S DIGESTAB 1149, as amended, Fong. California Environmental Quality Act. Act: exemption for transportation safety projects in the County of Kern.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, 2020, exempts a project or an activity to repair, maintain, or make minor alterations to an existing roadway, as defined, 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. Existing law exempts specified transportation projects from CEQA unless, on or after February 1, 2009, the lead agency changes the scope of those projects, as described.This bill would make nonsubstantive changes to the provision naming CEQA. would, until July 1, 2026, exempt a transportation safety project within the County of Kern to correct a dangerous condition on a public roadway, as defined, from CEQA, if that project is initiated following an accident resulting in death or serious physical injuries resulting from that dangerous condition, and if the project is designed to reduce or eliminate the dangerous condition and substantially lessen future risk of fatalities or serious injuries resulting from future accidents. The bill would, until July 1, 2026, require the Department of Transportation, the County of Kern, or a city within the County of Kern to provide notice to the California Transportation Commission of any transportation safety project on a public roadway over which they have responsibility that they determine is exempt pursuant to the bill. The bill would require the commission to analyze the projects and all available information on accidents, and injuries or deaths resulting from those accidents, before, during, and following completion of the projects, and submit a report to the Legislature by January 1, 2027, of the results of the analyses along with any conclusions or recommendations as to whether the CEQA exemption facilitated the timely completion of those projects, saved lives, reduced injuries, or reduced property damage from accidents.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 14521.5 is added to the Government Code, to read:14521.5. (a) For any transportation safety project in the County of Kern for which the commission has received notice pursuant to Section 21080.40 of the Public Resources Code, the commission shall analyze the project and all available information on accidents, and injuries or deaths resulting from those accidents, before, during, and following completion of the project. The commission shall submit a report to the Legislature by January 1, 2027, of the results of its analysis of each of those projects along with any conclusions or recommendations of the commission as to whether the exemption in Section 21080.40 of the Public Resources Code facilitated the timely completion of those projects, saved lives, reduced injuries, or reduced property damage from accidents.(b) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.(c) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2031.SEC. 2. Section 21080.40 is added to the Public Resources Code, to read:21080.40. (a) This division does not apply to a transportation safety project within the County of Kern to correct a dangerous condition on a public roadway, initiated following an accident resulting in death or serious physical injuries resulting from that dangerous condition, if the project is designed to reduce or eliminate the dangerous condition and substantially lessen future risk of fatalities or serious injuries resulting from future accidents. For purposes of this section, a public roadway means city streets, county highways, and state highways as defined in Section 63010 of the Government Code.(b) The Department of Transportation, the County of Kern, or a city within the County of Kern shall provide notice to the California Transportation Commission of any transportation safety project on a public roadway over which they have responsibility that they determine is exempt pursuant to subdivision (a). The notice shall include a statement of facts as to why the project is exempt pursuant to subdivision (a) and a description of the project and how it should eliminate or mitigate the dangerous condition.(c) This section shall become inoperative on July 1, 2026, and as of January 1, 2028, is repealed.SECTION 1.Section 21050 of the Public Resources Code is amended to read:21050.This division shall be known, and may be cited, as the California Environmental Quality Act.
Amended IN Assembly March 26, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1149Introduced by Assembly Member FongFebruary 21, 2019 An act to amend Section 21050 of add and repeal Section 14521.5 of the Government Code, and to add and repeal Section 21080.40 of the Public Resources Code, relating to environmental quality. LEGISLATIVE COUNSEL'S DIGESTAB 1149, as amended, Fong. California Environmental Quality Act. Act: exemption for transportation safety projects in the County of Kern.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, 2020, exempts a project or an activity to repair, maintain, or make minor alterations to an existing roadway, as defined, 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. Existing law exempts specified transportation projects from CEQA unless, on or after February 1, 2009, the lead agency changes the scope of those projects, as described.This bill would make nonsubstantive changes to the provision naming CEQA. would, until July 1, 2026, exempt a transportation safety project within the County of Kern to correct a dangerous condition on a public roadway, as defined, from CEQA, if that project is initiated following an accident resulting in death or serious physical injuries resulting from that dangerous condition, and if the project is designed to reduce or eliminate the dangerous condition and substantially lessen future risk of fatalities or serious injuries resulting from future accidents. The bill would, until July 1, 2026, require the Department of Transportation, the County of Kern, or a city within the County of Kern to provide notice to the California Transportation Commission of any transportation safety project on a public roadway over which they have responsibility that they determine is exempt pursuant to the bill. The bill would require the commission to analyze the projects and all available information on accidents, and injuries or deaths resulting from those accidents, before, during, and following completion of the projects, and submit a report to the Legislature by January 1, 2027, of the results of the analyses along with any conclusions or recommendations as to whether the CEQA exemption facilitated the timely completion of those projects, saved lives, reduced injuries, or reduced property damage from accidents.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 26, 2019
Amended IN Assembly March 26, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 1149
Introduced by Assembly Member FongFebruary 21, 2019
Introduced by Assembly Member Fong
February 21, 2019
An act to amend Section 21050 of add and repeal Section 14521.5 of the Government Code, and to add and repeal Section 21080.40 of the Public Resources Code, relating to environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1149, as amended, Fong. California Environmental Quality Act. Act: exemption for transportation safety projects in the County of Kern.
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, 2020, exempts a project or an activity to repair, maintain, or make minor alterations to an existing roadway, as defined, 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. Existing law exempts specified transportation projects from CEQA unless, on or after February 1, 2009, the lead agency changes the scope of those projects, as described.This bill would make nonsubstantive changes to the provision naming CEQA. would, until July 1, 2026, exempt a transportation safety project within the County of Kern to correct a dangerous condition on a public roadway, as defined, from CEQA, if that project is initiated following an accident resulting in death or serious physical injuries resulting from that dangerous condition, and if the project is designed to reduce or eliminate the dangerous condition and substantially lessen future risk of fatalities or serious injuries resulting from future accidents. The bill would, until July 1, 2026, require the Department of Transportation, the County of Kern, or a city within the County of Kern to provide notice to the California Transportation Commission of any transportation safety project on a public roadway over which they have responsibility that they determine is exempt pursuant to the bill. The bill would require the commission to analyze the projects and all available information on accidents, and injuries or deaths resulting from those accidents, before, during, and following completion of the projects, and submit a report to the Legislature by January 1, 2027, of the results of the analyses along with any conclusions or recommendations as to whether the CEQA exemption facilitated the timely completion of those projects, saved lives, reduced injuries, or reduced property damage from accidents.
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, 2020, exempts a project or an activity to repair, maintain, or make minor alterations to an existing roadway, as defined, 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. Existing law exempts specified transportation projects from CEQA unless, on or after February 1, 2009, the lead agency changes the scope of those projects, as described.
This bill would make nonsubstantive changes to the provision naming CEQA. would, until July 1, 2026, exempt a transportation safety project within the County of Kern to correct a dangerous condition on a public roadway, as defined, from CEQA, if that project is initiated following an accident resulting in death or serious physical injuries resulting from that dangerous condition, and if the project is designed to reduce or eliminate the dangerous condition and substantially lessen future risk of fatalities or serious injuries resulting from future accidents. The bill would, until July 1, 2026, require the Department of Transportation, the County of Kern, or a city within the County of Kern to provide notice to the California Transportation Commission of any transportation safety project on a public roadway over which they have responsibility that they determine is exempt pursuant to the bill. The bill would require the commission to analyze the projects and all available information on accidents, and injuries or deaths resulting from those accidents, before, during, and following completion of the projects, and submit a report to the Legislature by January 1, 2027, of the results of the analyses along with any conclusions or recommendations as to whether the CEQA exemption facilitated the timely completion of those projects, saved lives, reduced injuries, or reduced property damage from accidents.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 14521.5 is added to the Government Code, to read:14521.5. (a) For any transportation safety project in the County of Kern for which the commission has received notice pursuant to Section 21080.40 of the Public Resources Code, the commission shall analyze the project and all available information on accidents, and injuries or deaths resulting from those accidents, before, during, and following completion of the project. The commission shall submit a report to the Legislature by January 1, 2027, of the results of its analysis of each of those projects along with any conclusions or recommendations of the commission as to whether the exemption in Section 21080.40 of the Public Resources Code facilitated the timely completion of those projects, saved lives, reduced injuries, or reduced property damage from accidents.(b) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.(c) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2031.SEC. 2. Section 21080.40 is added to the Public Resources Code, to read:21080.40. (a) This division does not apply to a transportation safety project within the County of Kern to correct a dangerous condition on a public roadway, initiated following an accident resulting in death or serious physical injuries resulting from that dangerous condition, if the project is designed to reduce or eliminate the dangerous condition and substantially lessen future risk of fatalities or serious injuries resulting from future accidents. For purposes of this section, a public roadway means city streets, county highways, and state highways as defined in Section 63010 of the Government Code.(b) The Department of Transportation, the County of Kern, or a city within the County of Kern shall provide notice to the California Transportation Commission of any transportation safety project on a public roadway over which they have responsibility that they determine is exempt pursuant to subdivision (a). The notice shall include a statement of facts as to why the project is exempt pursuant to subdivision (a) and a description of the project and how it should eliminate or mitigate the dangerous condition.(c) This section shall become inoperative on July 1, 2026, and as of January 1, 2028, is repealed.SECTION 1.Section 21050 of the Public Resources Code is amended to read:21050.This division shall be known, and may be cited, as the California Environmental Quality Act.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 14521.5 is added to the Government Code, to read:14521.5. (a) For any transportation safety project in the County of Kern for which the commission has received notice pursuant to Section 21080.40 of the Public Resources Code, the commission shall analyze the project and all available information on accidents, and injuries or deaths resulting from those accidents, before, during, and following completion of the project. The commission shall submit a report to the Legislature by January 1, 2027, of the results of its analysis of each of those projects along with any conclusions or recommendations of the commission as to whether the exemption in Section 21080.40 of the Public Resources Code facilitated the timely completion of those projects, saved lives, reduced injuries, or reduced property damage from accidents.(b) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.(c) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2031.
SECTION 1. Section 14521.5 is added to the Government Code, to read:
### SECTION 1.
14521.5. (a) For any transportation safety project in the County of Kern for which the commission has received notice pursuant to Section 21080.40 of the Public Resources Code, the commission shall analyze the project and all available information on accidents, and injuries or deaths resulting from those accidents, before, during, and following completion of the project. The commission shall submit a report to the Legislature by January 1, 2027, of the results of its analysis of each of those projects along with any conclusions or recommendations of the commission as to whether the exemption in Section 21080.40 of the Public Resources Code facilitated the timely completion of those projects, saved lives, reduced injuries, or reduced property damage from accidents.(b) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.(c) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2031.
14521.5. (a) For any transportation safety project in the County of Kern for which the commission has received notice pursuant to Section 21080.40 of the Public Resources Code, the commission shall analyze the project and all available information on accidents, and injuries or deaths resulting from those accidents, before, during, and following completion of the project. The commission shall submit a report to the Legislature by January 1, 2027, of the results of its analysis of each of those projects along with any conclusions or recommendations of the commission as to whether the exemption in Section 21080.40 of the Public Resources Code facilitated the timely completion of those projects, saved lives, reduced injuries, or reduced property damage from accidents.(b) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.(c) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2031.
14521.5. (a) For any transportation safety project in the County of Kern for which the commission has received notice pursuant to Section 21080.40 of the Public Resources Code, the commission shall analyze the project and all available information on accidents, and injuries or deaths resulting from those accidents, before, during, and following completion of the project. The commission shall submit a report to the Legislature by January 1, 2027, of the results of its analysis of each of those projects along with any conclusions or recommendations of the commission as to whether the exemption in Section 21080.40 of the Public Resources Code facilitated the timely completion of those projects, saved lives, reduced injuries, or reduced property damage from accidents.(b) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.(c) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2031.
14521.5. (a) For any transportation safety project in the County of Kern for which the commission has received notice pursuant to Section 21080.40 of the Public Resources Code, the commission shall analyze the project and all available information on accidents, and injuries or deaths resulting from those accidents, before, during, and following completion of the project. The commission shall submit a report to the Legislature by January 1, 2027, of the results of its analysis of each of those projects along with any conclusions or recommendations of the commission as to whether the exemption in Section 21080.40 of the Public Resources Code facilitated the timely completion of those projects, saved lives, reduced injuries, or reduced property damage from accidents.
(b) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
(c) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2031.
SEC. 2. Section 21080.40 is added to the Public Resources Code, to read:21080.40. (a) This division does not apply to a transportation safety project within the County of Kern to correct a dangerous condition on a public roadway, initiated following an accident resulting in death or serious physical injuries resulting from that dangerous condition, if the project is designed to reduce or eliminate the dangerous condition and substantially lessen future risk of fatalities or serious injuries resulting from future accidents. For purposes of this section, a public roadway means city streets, county highways, and state highways as defined in Section 63010 of the Government Code.(b) The Department of Transportation, the County of Kern, or a city within the County of Kern shall provide notice to the California Transportation Commission of any transportation safety project on a public roadway over which they have responsibility that they determine is exempt pursuant to subdivision (a). The notice shall include a statement of facts as to why the project is exempt pursuant to subdivision (a) and a description of the project and how it should eliminate or mitigate the dangerous condition.(c) This section shall become inoperative on July 1, 2026, and as of January 1, 2028, is repealed.
SEC. 2. Section 21080.40 is added to the Public Resources Code, to read:
### SEC. 2.
21080.40. (a) This division does not apply to a transportation safety project within the County of Kern to correct a dangerous condition on a public roadway, initiated following an accident resulting in death or serious physical injuries resulting from that dangerous condition, if the project is designed to reduce or eliminate the dangerous condition and substantially lessen future risk of fatalities or serious injuries resulting from future accidents. For purposes of this section, a public roadway means city streets, county highways, and state highways as defined in Section 63010 of the Government Code.(b) The Department of Transportation, the County of Kern, or a city within the County of Kern shall provide notice to the California Transportation Commission of any transportation safety project on a public roadway over which they have responsibility that they determine is exempt pursuant to subdivision (a). The notice shall include a statement of facts as to why the project is exempt pursuant to subdivision (a) and a description of the project and how it should eliminate or mitigate the dangerous condition.(c) This section shall become inoperative on July 1, 2026, and as of January 1, 2028, is repealed.
21080.40. (a) This division does not apply to a transportation safety project within the County of Kern to correct a dangerous condition on a public roadway, initiated following an accident resulting in death or serious physical injuries resulting from that dangerous condition, if the project is designed to reduce or eliminate the dangerous condition and substantially lessen future risk of fatalities or serious injuries resulting from future accidents. For purposes of this section, a public roadway means city streets, county highways, and state highways as defined in Section 63010 of the Government Code.(b) The Department of Transportation, the County of Kern, or a city within the County of Kern shall provide notice to the California Transportation Commission of any transportation safety project on a public roadway over which they have responsibility that they determine is exempt pursuant to subdivision (a). The notice shall include a statement of facts as to why the project is exempt pursuant to subdivision (a) and a description of the project and how it should eliminate or mitigate the dangerous condition.(c) This section shall become inoperative on July 1, 2026, and as of January 1, 2028, is repealed.
21080.40. (a) This division does not apply to a transportation safety project within the County of Kern to correct a dangerous condition on a public roadway, initiated following an accident resulting in death or serious physical injuries resulting from that dangerous condition, if the project is designed to reduce or eliminate the dangerous condition and substantially lessen future risk of fatalities or serious injuries resulting from future accidents. For purposes of this section, a public roadway means city streets, county highways, and state highways as defined in Section 63010 of the Government Code.(b) The Department of Transportation, the County of Kern, or a city within the County of Kern shall provide notice to the California Transportation Commission of any transportation safety project on a public roadway over which they have responsibility that they determine is exempt pursuant to subdivision (a). The notice shall include a statement of facts as to why the project is exempt pursuant to subdivision (a) and a description of the project and how it should eliminate or mitigate the dangerous condition.(c) This section shall become inoperative on July 1, 2026, and as of January 1, 2028, is repealed.
21080.40. (a) This division does not apply to a transportation safety project within the County of Kern to correct a dangerous condition on a public roadway, initiated following an accident resulting in death or serious physical injuries resulting from that dangerous condition, if the project is designed to reduce or eliminate the dangerous condition and substantially lessen future risk of fatalities or serious injuries resulting from future accidents. For purposes of this section, a public roadway means city streets, county highways, and state highways as defined in Section 63010 of the Government Code.
(b) The Department of Transportation, the County of Kern, or a city within the County of Kern shall provide notice to the California Transportation Commission of any transportation safety project on a public roadway over which they have responsibility that they determine is exempt pursuant to subdivision (a). The notice shall include a statement of facts as to why the project is exempt pursuant to subdivision (a) and a description of the project and how it should eliminate or mitigate the dangerous condition.
(c) This section shall become inoperative on July 1, 2026, and as of January 1, 2028, is repealed.
This division shall be known, and may be cited, as the California Environmental Quality Act.