Bill Text: CA AB417 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Environmental quality: California Environmental Quality

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-10-07 - Chaptered by Secretary of State - Chapter 613, Statutes of 2013. [AB417 Detail]

Download: California-2013-AB417-Amended.html

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BILL NUMBER: AB 417	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 18, 2013

INTRODUCED BY   Assembly Member Frazier

                        FEBRUARY 15, 2013

   An act to add and repeal Section 21080.20 of the Public Resources
Code, relating to environmental quality.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 417, as amended, Frazier. Environmental quality: California
Environmental Quality Act: bicycle transportation plan.
   The California Environmental Quality Act  (CEQA) 
 , known as CEQA,  requires a lead agency, as defined, to
prepare, or cause to be prepared, and certify the completion of, an
environmental impact report  (EIR)   , known as
an 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 requires the lead agencies to make specified
findings in an EIR. 
   Existing law establishes the Office of Planning and Research (OPR)
in the Governor's office. Existing law requires OPR to assist with,
among other things, the orderly preparation of programs of
transportation. 
   Existing law authorizes a local agency that determines that a
project is not subject to CEQA pursuant to certain exemptions and
approves or determines to carry out that project, to file notice of
the determination with the county clerk in the county in which the
project is located.
   This bill, until January 1, 2018, would exempt from CEQA a bicycle
transportation plan for an urbanized area, as specified, and would
also require a local agency that determines that the bicycle
transportation plan is exempt under this provision and approves or
determines to carry out that project, to file notice of the
determination with  OPR and  the county clerk.
 This bill would require OPR to post specified information on
its Internet Web site, as prescribed. 
   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.  Section 21080.20 is added to the Public Resources Code,
to read:
   21080.20.  (a) This division does not apply to a bicycle
transportation plan prepared pursuant to Section 891.2 of the Streets
and Highways Code for an urbanized area for restriping of streets
and highways, bicycle parking and storage, signal timing to improve
street and highway intersection operations, and related signage for
bicycles, pedestrians, and vehicles.
   (b) Prior to determining that a project is exempt pursuant to this
section, the lead agency shall do both of the following:
   (1) Hold noticed public hearings in areas affected by the bicycle
transportation plan to hear and respond to public comments.
Publication of the notice shall be no fewer times than required by
Section 6061 of the Government Code, by the public agency in a
newspaper of general circulation in the area affected by the proposed
project. If more than one area will be affected, the notice shall be
published in the newspaper of largest circulation from among the
newspapers of general circulation in those areas.
   (2) Include measures in the bicycle transportation plan to
mitigate potential vehicular traffic impacts and bicycle and
pedestrian safety impacts.
   (c)  (1)    Whenever a local
agency determines that a project is not subject to this division
pursuant to this section, and it determines to approve or carry out
that project, the notice shall be filed with  the Office of
Planning and Research and  the county clerk in the county in
which the project is located in the manner specified in subdivisions
(b) and (c) of Section 21152. 
   (2) The Office of Planning and Research shall post on its Internet
Web site each lead agency filing a notice of determination pursuant
to this section, as required pursuant to Section 21152.1, a link to
the Internet Web site for any plan that was exempt pursuant to this
section, and any action or proceeding alleging noncompliance with
this division for a plan that was exempt pursuant to this section,
the cause of the action, and the case outcome. 
   (d)  This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.