AB-1833: Transportation projects: environmental mitigation. Linder

Session Year: 2015-2016

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Hearings for AB-1833

Bill Details

  • Text
  • Votes
  • History
  • Bill Analysis
  • Today's Law As Amended
  • Status
  • Comments to Author

Text

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, Assembly Member 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 Required: majority Appropriation: no Fiscal Committee: yes 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:
2.5.

(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.

Bill Version

April 25, 2016 - Amended in Assembly

Bill Activity

Introduced by

Assembly Member Linder
February 09, 2016

Amended in Assembly

March 16, 2016
April 25, 2016

Votes

Date Result Location Ayes Noes NVR Motion
04/18/16 (PASS) Asm Natural Resources 8 1 0 Do pass as amended and be re-referred to the Committee on [Appropriations]
  Ayes: Williams, Jones, Cristina Garcia, Harper, McCarty, Wood, Gomez, Hadley
  Noes: Mark Stone
04/04/16 (PASS) Asm Transportation 15 0 0 Do pass and be re-referred to the Committee on [Natural Resources]
  Ayes: Frazier, Linder, Baker, Bloom, Brown, Chu, Daly, Dodd, Eduardo Garcia, Kim, Mathis, Medina, Melendez, Nazarian, O'Donnell
  No Votes Recorded: Gomez

History

Date Action
05/27/16 In committee: Held under submission.
05/11/16 In committee: Set, first hearing. Referred to APPR. suspense file.
04/26/16 Re-referred to Com. on APPR.
04/25/16 Read second time and amended.
04/21/16 From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (April 18).
04/05/16 From committee: Do pass and re-refer to Com. on NAT. RES. (Ayes 15. Noes 0.) (April 4). Re-referred to Com. on NAT. RES.
03/17/16 Re-referred to Com. on TRANS.
03/16/16 From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.
02/25/16 Referred to Coms. on TRANS. and NAT. RES.
02/10/16 From printer. May be heard in committee March 11.
02/09/16 Read first time. To print.
05/11/16 In committee: Set, first hearing. Referred to APPR. suspense file.
04/26/16 Re-referred to Com. on APPR.
04/25/16 Read second time and amended.
04/21/16 From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (April 18).
04/05/16 From committee: Do pass and re-refer to Com. on NAT. RES. (Ayes 15. Noes 0.) (April 4). Re-referred to Com. on NAT. RES.
03/17/16 Re-referred to Com. on TRANS.
03/16/16 From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.
02/25/16 Referred to Coms. on TRANS. and NAT. RES.
02/10/16 From printer. May be heard in committee March 11.
02/09/16 Read first time. To print.
04/26/16 Re-referred to Com. on APPR.
04/25/16 Read second time and amended.
04/21/16 From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (April 18).
04/05/16 From committee: Do pass and re-refer to Com. on NAT. RES. (Ayes 15. Noes 0.) (April 4). Re-referred to Com. on NAT. RES.
03/17/16 Re-referred to Com. on TRANS.
03/16/16 From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.
02/25/16 Referred to Coms. on TRANS. and NAT. RES.
02/10/16 From printer. May be heard in committee March 11.
02/09/16 Read first time. To print.
04/25/16 Read second time and amended.
04/21/16 From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (April 18).
04/05/16 From committee: Do pass and re-refer to Com. on NAT. RES. (Ayes 15. Noes 0.) (April 4). Re-referred to Com. on NAT. RES.
03/17/16 Re-referred to Com. on TRANS.
03/16/16 From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.
02/25/16 Referred to Coms. on TRANS. and NAT. RES.
02/10/16 From printer. May be heard in committee March 11.
02/09/16 Read first time. To print.
04/21/16 From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (April 18).
04/05/16 From committee: Do pass and re-refer to Com. on NAT. RES. (Ayes 15. Noes 0.) (April 4). Re-referred to Com. on NAT. RES.
03/17/16 Re-referred to Com. on TRANS.
03/16/16 From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.
02/25/16 Referred to Coms. on TRANS. and NAT. RES.
02/10/16 From printer. May be heard in committee March 11.
02/09/16 Read first time. To print.
04/05/16 From committee: Do pass and re-refer to Com. on NAT. RES. (Ayes 15. Noes 0.) (April 4). Re-referred to Com. on NAT. RES.
03/17/16 Re-referred to Com. on TRANS.
03/16/16 From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.
02/25/16 Referred to Coms. on TRANS. and NAT. RES.
02/10/16 From printer. May be heard in committee March 11.
02/09/16 Read first time. To print.
03/17/16 Re-referred to Com. on TRANS.
03/16/16 From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.
02/25/16 Referred to Coms. on TRANS. and NAT. RES.
02/10/16 From printer. May be heard in committee March 11.
02/09/16 Read first time. To print.
03/16/16 From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.
02/25/16 Referred to Coms. on TRANS. and NAT. RES.
02/10/16 From printer. May be heard in committee March 11.
02/09/16 Read first time. To print.
02/25/16 Referred to Coms. on TRANS. and NAT. RES.
02/10/16 From printer. May be heard in committee March 11.
02/09/16 Read first time. To print.
02/10/16 From printer. May be heard in committee March 11.
02/09/16 Read first time. To print.
02/09/16 Read first time. To print.

Bill Analysis

Date Analysis
05/09/16 Assembly Appropriations
04/15/16 Assembly Natural Resources
04/04/16 Assembly Transportation
03/31/16 Assembly Transportation

Today's Law as Amended

Status

Bill Status
Measure: AB-1833
Lead Authors: Linder
Principal Coauthors: -
Coauthors: -
Topic: Transportation projects: environmental mitigation.
31st Day in Print: 03/11/16
Title: 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.
House Location: Assembly
Introduced Date: 02/09/16
Type of Measure
Active Bill - In Committee Process
Majority Vote Required
Non-Appropriation
Fiscal Committee
Non-Local Program
Non-Urgency
Non-Tax Levy
Last 5 History Actions
Date Action
05/27/16 In committee: Held under submission.
05/11/16 In committee: Set, first hearing. Referred to APPR. suspense file.
04/26/16 Re-referred to Com. on APPR.
04/25/16 Read second time and amended.
04/21/16 From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (April 18).

Comments to Author