Bill Text: CA AB2091 | 2023-2024 | Regular Session | Chaptered

California Assembly Bill 2091 (Prior Session Legislation)

CA State Legislature page for AB2091

Bill Title: California Environmental Quality Act: exemption: public access: nonmotorized recreation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2024-09-22 - Chaptered by Secretary of State - Chapter 377, Statutes of 2024. [AB2091 Detail]

Download: California-2023-AB2091-Chaptered.html

Assembly Bill No. 2091

CHAPTER 377

An act to add and repeal Section 21080.28.5 of the Public Resources Code, relating to environmental quality.

[ Approved by Governor September 22, 2024. Filed with Secretary of State September 22, 2024. ]

LEGISLATIVE COUNSEL'S DIGEST

AB 2091, Grayson. California Environmental Quality Act: exemption: public access: nonmotorized recreation.

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.

This bill would exempt from CEQA a change in use approved by a lead agency that is a park district or the Great Redwood Trail Agency to allow public access to preexisting paved and natural surface roads, preexisting trails, preexisting pathways, preexisting disturbed areas for vehicle parking, as specified, and rail lines converted by the Great Redwood Trail Agency into trails known as the Great Redwood Trail, in areas used exclusively for nonmotorized recreation, if certain conditions are met. The bill would require the lead agency to post notice of, and hold, a public meeting to consider and solicit public input on the change in use under consideration before making a determination to approve or carry out the change in use, as specified. The bill would require the lead agency, if the lead agency determines that a change in use is not subject to CEQA pursuant to this provision and determines to approve or carry out the activity, to file a notice with the State Clearinghouse in the Office of Planning and Research and with the county clerk of the county in which the land is located, as provided. By imposing duties on public agencies related to the exemption, this bill would create a state-mandated local program. The bill would repeal these provisions on January 1, 2030.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Great Redwood Trail Agency.

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 Local Program: YES

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

SECTION 1.

Section 21080.28.5 is added to the Public Resources Code, to read:

21080.28.5.

(a) It is the intent of the Legislature in enacting this section to clarify the applicability of this division to the provision of public access within a park or open space area by a park district or the Great Redwood Trail Agency in a manner that causes no physical alteration to the area affected. This section is not intended to otherwise alter the applicability of this division to an action that may cause a physical change in the environment or provide relief from any other law, regulation, or responsibility.

(b) (1) Subject to paragraph (2), this division does not apply to a change in use approved by a lead agency to allow public access to any of the following in an area used exclusively for nonmotorized recreation:

(A) Preexisting paved and natural surface roads.

(B) Preexisting trails.

(D) Preexisting disturbed areas for vehicle parking, such as driveways, when the change of use does not involve new paving or grading.

(E) Rail lines converted by the Great Redwood Trail Agency into trails known as the Great Redwood Trail.

(2) The exemption in paragraph (1) only applies if all of the following criteria are met:

(A) The lead agency is a park district or the Great Redwood Trail Agency.

(B) The area used for nonmotorized recreation is owned or managed by a park district or the Great Redwood Trail Agency.

(D) The change in use is consistent with a plan adopted by the park district or the Great Redwood Trail Agency, as applicable.

(E) The change in use does not involve a physical alteration of the affected area.

(F) The change in use is not likely to result in either of the following:

(i) Significant adverse impacts to tribal cultural resources.

(ii) Significant adverse impacts to endangered, threatened, rare, or special status plant or animal species.

(c) Before making a determination to approve or carry out a change in use that is determined to be exempt from this division pursuant to subdivision (b), the lead agency shall do all of the following:

(1) Hold a public meeting to consider and solicit public input on the change in use under consideration. The lead agency shall offer remote public participation during the meeting in a manner prescribed by the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).

(2) Post a written notice of the public meeting on the public agency’s internet website and at the project site at least 30 days before the public meeting. The written notice shall include a project description and the location and date of the public meeting.

(3) Make a finding that all of the criteria specified in paragraph (2) of subdivision (b) are met.

(d) If the lead agency determines that a change in use is not subject to this division pursuant to this section, and the lead agency determines to approve or carry out the activity, the lead agency shall file a notice with the State Clearinghouse in the Office of Planning and Research and with the county clerk of the county in which the land is located in accordance with subdivisions (b), (c), and (d) of Section 21152.

(e) For purposes of this section, the following definitions apply:

(1) “Nonmotorized recreation” means low-impact recreational activities, including hiking, walking, bike riding, equestrian use, and nature viewing.

(2) “Park district” means a district, as defined in Section 5500, that is governed by an independent board.

(3) “Public access” means allowing visitors on public agency-managed park and open space in a manner that is consistent with the underlying conservation or park purposes for those lands.

(f) This section does not affect any land covenants, such as grant agreements, conservation easements, or deed restrictions, or a long-term management plan or habitat conservation plan, or alters any conditions of acquisition.

(g) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

SEC. 2.

The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to streamline environmental review in order to expedite public access to the Great Redwood Trail, a unique nonmotorized trail that is being developed by the Great Redwood Trail Agency within an existing rail right-of-way.

SEC. 3.

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.