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

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

---

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

---

BILL NUMBER: AB 417	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 13, 2013
	AMENDED IN ASSEMBLY  APRIL 18, 2013

INTRODUCED BY   Assembly Member Frazier

                        FEBRUARY 15, 2013

   An act to  amend Section 21080.20.5 of, and 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, 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, 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 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.  Existing law establishes the Office of
Planning and Research, known as OPR, in the Governor's office.
Existing law requires OPR to assist with, among other things, the
orderly preparation of programs of transportation. 
   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 the  OPR and the county clerk. 
   Existing law exempts from CEQA a project that consists of the
restriping of streets and highways for bicycle lanes in an urbanized
area, as provided. Existing law requires a lead agency to, among
other things, prepare an assessment of any traffic and safety impacts
of the project and include measures in the project to mitigate
potential vehicular traffic impacts and bicycle and pedestrian safety
impacts.  
   This bill would prohibit the preparation of the assessment
described above if certain conditions are met, including if measures
to mitigate these impacts are identified in an environmental impact
report, negative declaration, or mitigated negative declaration, as
provided. 
   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   Prepare an assessment of any
traffic and safety impacts of the project and include  measures
in the bicycle transportation plan to mitigate potential vehicular
traffic impacts and bicycle and pedestrian safety impacts.
   (c)  Whenever   If    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 an   d 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.
   (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.
   SEC. 2.    Section 21080.20.5 of the  
Public Resources Code   is amended to read: 
   21080.20.5.  (a) This division does not apply to a project that
consists of the restriping of streets and highways for bicycle lanes
in an urbanized area that is consistent with a bicycle transportation
plan prepared pursuant to Section 891.2 of the Streets and Highways
Code.
   (b) Prior to determining that a project is exempt pursuant to this
section, the lead agency shall do both of the following:
   (1)  (A)    Prepare an assessment of any traffic
and safety impacts of the project and include measures in the
project to mitigate potential vehicular traffic impacts and bicycle
and pedestrian safety impacts. 
   (B) The requirement to prepare an assessment pursuant to
subparagraph (A) shall not apply if either of the following
conditions is met:  
   (i) Measures to mitigate these impacts are identified in an
environmental impact report, negative declaration, or mitigated
negative declaration prepared pursuant to this division for the
bicycle transportation plan, certified or approved no more than five
years prior to making the determination, the measures are included in
the plan, and those measures are incorporated into the project.
 
   (ii) An assessment was prepared pursuant to paragraph (2) of
subdivision (b) of Section 21080.20 no more than five years prior to
making the determination, the measures to mitigate these impacts are
included in the plan, and those measures are incorporated into the
project. 
   (2) Hold noticed public hearings in areas affected by the project
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.
   (c) (1)  Whenever   If    a
state 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 in the manner specified in subdivisions (b) and
(c) of Section 21108.
   (2)  Whenever   If    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 filed with the county clerk in the county in which
the project is located in the manner specified in subdivisions (b)
and (c) of Section 21152.
   (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.