Bill Text: CA SB922 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: California Environmental Quality Act: exemptions: transportation-related projects.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2022-09-30 - Chaptered by Secretary of State. Chapter 987, Statutes of 2022. [SB922 Detail]
Download: California-2021-SB922-Amended.html
NOYES
for to a feasibility and planning study as described in Section 15262 of Title 14 of the California Code of Regulations.
Bill Title: California Environmental Quality Act: exemptions: transportation-related projects.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2022-09-30 - Chaptered by Secretary of State. Chapter 987, Statutes of 2022. [SB922 Detail]
Download: California-2021-SB922-Amended.html
|
Amended
IN
Senate
March 16, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 922
| Introduced by Senator Wiener |
February 03, 2022 |
An act to amend Sections 21080.20 and 21080.25 of the Public Resources Code, relating to environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
SB 922, as amended, Wiener.
California Environmental Quality Act: exemptions: transportation-related projects.
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, 2030, exempts from its requirements bicycle transportation plans 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 under certain conditions.
This bill would extend the above exemption indefinitely. The bill would also repeal the requirement that the bicycle transportation plan is for an urbanized area and would extend the exemption to an active transportation plan or pedestrian plan, or for to a feasibility and planning study for active transportation, bicycle facilities, or pedestrian facilities.
CEQA exempts from its requirements certain projects located in an urbanized area, including transit prioritization projects, as defined, and projects for pedestrian and bicycle facilities
or for the institution or increase of new bus rapid transit, bus, or light rail services on public or highway rights-of-way. For those exempted projects exceeding $100,000,000 in 2020 United States dollars, CEQA, except as provided, requires the lead agency to complete and consider the results of a project business case and a racial equity analysis, as specified, and would require the lead agency, before exempting a project from CEQA, to hold at least 3 noticed public meetings in the project area, as provided. CEQA requires the lead agency, before granting an exemption for projects under the above provisions, to certify that those projects will be carried out by a skilled and trained workforce, except as provided. If the lead agency determines to carry out a project exempt under the above provisions, CEQA requires the lead agency to file a notice of exemption with the Office of Planning and Research and the county clerk of the county in which the project is located. Existing law repeals the above-described
exemption on January 1, 2023.
This bill would extend the exemption indefinitely. The bill would revise and recast the exemption to, among other things, repeal the requirement that the exempted projects are located in an urbanized area, extend the exemption by revising the definition of transit prioritization projects, and require projects for the institution or increase of new bus rapid transit, bus, or light rail service to be located on a site that is wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. The bill would revise the requirements for the project business case and racial equity analysis and noticed public meetings to apply to exempted projects exceeding $100,000,000 and would additionally require the lead agency to complete an analysis of residential displacement and suggest anti-displacement strategies,
designs, or actions for those projects for which at least 50% of the project or projects’ stops and stations are located in an area at risk of residential displacement and will have a maximum of 15-minute peak headways. The bill would require the applicable metropolitan planning organization to define or identify areas at risk of residential displacement. Because the bill would impose additional duties on metropolitan planning organizations, this bill would impose a state-mandated local program. The bill would provide that the lead agency may make the skilled and trained workforce certification concurrent with following the granting of the exemption and would provide that the certification requirement is not
required under specified circumstances. The bill would require the lead agency, if a project is exempt under the above provisions, to file a notice of exemption with either the Office of Planning and Research or the county clerk of the county in which the project is located.
The
This bill would specify that the revision made by this measure to the exemption for projects for the institution or increase of new bus rapid transit, bus,
or light rail service may apply to projects for which a notice of exemption is filed before January 1, 2023. The bill would, for projects exempted by the above-described provisions for which a notice of exemption was filed before January 1, 2023, authorize the lead agency to either certify that the project will be completed by a skilled and trained workforce after the granting of the exemption or exempt those projects from the certification requirement if the lead agency demonstrates compliance with certain conditions.
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, if the Commission on State Mandates determines that the bill contains
costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) Transit and sustainable transportation are critical to achieving California’s ambitious environmental goals. Transportation makes up 40 percent of the state’s emissions of greenhouse gases. To encourage people to drive less, the state must continue to build high-quality transit, bicycle lanes, and pedestrian-friendly infrastructure. Bringing down our transportation emissions by providing more sustainable options is essential for limiting global warming and avoiding the most devastating climate impacts.
(b) California has
invested billions of dollars in reducing the environmental impacts stemming from the transportation sector, including almost $4,000,000,000 as part of the fiscal year 2021–22, to convert the state’s light- and heavy-duty vehicle fleet to zero emission, including its transit vehicles.
(c) Additionally, on July 12, 2021, the Transportation Agency adopted the Climate Action Plan for Transportation Infrastructure. The plan outlines how the state will prioritize sustainable transportation projects in all discretionary funding decisions. The plan builds on Executive Order N-19-19 and Executive Order N-79-20 signed by Governor Newsom in 2019 and 2020, respectively, targeted at reducing emissions of greenhouse gases in transportation to reach the state’s ambitious climate goals.
SEC. 2.
Section 21080.20 of the Public Resources Code is amended to read:21080.20.
(a) This division does not apply to an active transportation plan, a pedestrian plan, or a bicycle transportation plan for the restriping of streets and highways, bicycle parking and storage, signal timing to improve street and highway intersection operations, and the related signage for bicycles, pedestrians, and vehicles, or(b) Before determining that a project described in subdivision (a)
is exempt pursuant to this section, the lead agency shall 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) 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 the county clerk in the county in which the project is located in the manner
specified in subdivisions (b) and (c) of Section 21152.
SEC. 3.
Section 21080.25 of the Public Resources Code is amended to read:21080.25.
(a) For purposes of this section, the following definitions apply:(1) “Affordable housing” means any of the following:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents or sales prices to levels affordable, as defined in Section 50052.5 or 50053 of the Health and Safety Code, to persons and families of moderate, lower, or very low income, as defined in Section 50079.5, 50093, or 50105 of the Health and Safety Code, respectively.
(B) Housing that is subject to any form of rent or price control through a public entity’s
valid exercise of its police power.
(C) Housing that had been occupied by tenants within five years from the date of approval of the development agreement by a primary tenant who was low income and did not leave voluntarily.
(2) “Bicycle facilities” includes, but is not limited to, bicycle parking, bicycle sharing facilities, and bikeways as defined in Section 890.4 of the Streets and Highways Code.
(3) “High occupancy vehicle” means a vehicle with two or more occupants.
(4) “Highway” means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. “Highway” includes a street.
(5) “Local agency” means a public transit operator, city, county, city and county, special district, joint powers authority, local or regional transportation agency, or congestion management agency.
(6) “New automobile capacity” means any new lane mileage of any kind other than sidewalks or bike lanes. sidewalks, bike lanes, transit lanes, or preferential lanes.
(7) “Part-time transit lanes” means designated highway shoulders that support the operation of transit vehicles during specified times.
(8) “Preferential lanes” means lanes designed for special traffic uses, such as light rail, buses, taxis, bicycles, or very high-occupancy vehicles.
(8)
(9) “Project labor agreement” has the same meaning as defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(9)
(10) “Public transit operator” has the same meaning as in Section 99210 of the Public Utilities Code.
(10)
(11) “Skilled and trained workforce” has the same meaning as provided in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.
(11)
(12) “Transit lanes” means street design elements that delineate space within the roadbed as exclusive to transit use, either full or part time.
(12)
(13) “Transit prioritization projects” means any of the following transit project types on highways or in the public right-of-way:
(A) Signal and stop sign changes, such as signal coordination, signal timing modifications, signal modifications, or the installation of traffic signs.
signs or new signals.
(B) The installation of wayside technology and onboard technology.
(C) The installation of ramp meters.
(D) The installation of dedicated transit lanes, transit queue jump or bypass lanes, or the conversion of general purpose lanes to high-occupancy vehicle lanes or very high-occupancy vehicle lanes, and shared turning lanes and turn restrictions, the narrowing of lanes to allow for dedicated transit lanes or transit reliability improvements, or the widening of existing transit travel
lanes by removing or restricting street parking.
(E) Transit stop changes,
access and safety improvements, including, but not limited to, the installation of transit bulbs and the installation of transit boarding islands.
(F)Pedestrian improvements, including, but not limited to, widening sidewalks, pedestrian bulbs and pedestrian refuge islands, and other improvements that increase pedestrian access to transit.
(14) “Transportation demand management program” means a specific program of strategies, incentives, and tools to be implemented, including, with specified annual status reporting obligations, to reduce
vehicle trips by providing opportunities for the public to choose sustainable travel options, such as transit, bicycle riding, or walking. A specific program of strategies, incentives, and tools includes, but is not limited to, any of the following:
(A) Provision of onsite electric vehicle charging stations in excess of applicable requirements.
(B) Provision of dedicated parking for car share or zero-emission vehicles, or both types of vehicles, in excess of applicable requirements.
(C) Provision of bicycle parking in excess of applicable requirements.
(15) “Very high-occupancy vehicle” means a vehicle with six or more occupants.
(b) This division does not apply to any of the following projects:
(1) Pedestrian and bicycle facilities, facilities that improve safety, access, or mobility, including new facilities, within the public right-of-way.
(2) Projects that improve customer information and wayfinding for transit riders, bicyclists, or pedestrians within the public right-of-way.
(3) Transit prioritization projects.
(4) On highways with existing public transit service or that will be implementing public transit service within six months of the conversion, a project for the designation and conversion of general purpose lanes to bus-only lanes or highway shoulders to part-time transit lanes, for use either during peak congestion hours or all day.
(5) A project for the institution or increase of new bus rapid transit, bus, or light rail service, including the construction of stations or terminals, or rehabilitation of
stations, terminals, or existing operations facilities, on existing public rights-of-way or existing highway rights-of-way, whether or not the right-of-way is in use for public mass transit. The project shall be located on a site that is wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(6) A project to construct or maintain infrastructure or facilities to charge or refuel charge, refuel, or maintain zero-emission transit vehicles, provided the project is carried out by a public transit agency
in compliance with, the State Air Resources Board’s Innovative Clean Transit regulations (Article 4.3 (commencing with Section 2023) of Chapter 1 of Division 3 of Title 13 of the California Code of Regulations) or any regulations identified by the State Air Resources Board’s 2020 Mobile Source Strategy, adopted on October 28, 2021, and the project is located on property owned by the local agency or within an existing public right-of-way or on property owned by a public or private utility.
(7) The maintenance, repair, relocation, replacement, or removal of any utility infrastructure associated with a project identified in paragraphs (1) to (6), inclusive.
(8) A project that consists exclusively of a combination of any of the components of a project identified in
paragraphs (1) to (7), inclusive.
(9) A project carried out by a local agency to reduce or eliminate minimum parking requirements or institute parking maximums, remove or restrict parking, or implement transportation demand management requirements. requirements or programs.
(c) Except as provided in subdivision (f), a project exempt from this division under this section shall meet all of the following criteria:
(1) A local agency is carrying out the project and is the lead agency for the project.
(2) The project does not add physical infrastructure or striping that increases new automobile capacity on existing rights-of-way except for minor modifications needed for the efficient and safe movement of transit vehicles, such as extended merging lanes. The project shall not include the addition of any auxiliary lanes.
(3) The construction of the project shall not require the demolition of affordable housing units.
(d) (1) For a project exceeding one hundred million dollars ($100,000,000), a project exempt from this division under this section shall also meet all of the following:
(A) The project is incorporated in a regional transportation plan, sustainable communities strategy,
general plan, or other plan that has undergone a programmatic-level environmental review pursuant to this division within 10 years of the approval of the project.
(B) The project’s construction impacts are fully mitigated consistent with applicable law.
(C) (i) The lead agency shall complete and consider the results of a project business case and a racial equity analysis. The Office of Planning and Research may set standards guidelines for the project business case and the racial equity analysis or delegate that authority to metropolitan planning organizations.
(ii) The project business case required under this subparagraph shall set forth the rationale for why the project should be implemented to solve a problem or address an opportunity, outline strategic goals and objectives of the project, evaluate other options to achieve the project’s objectives, describe the economic costs and benefits of the project, describe the financial implications of the project, and establish what is required to deliver and operate the project.
(iii) The racial equity analysis required under this subparagraph shall identify the racial equity impacts of the project, identify who will benefit from and be burdened by the project, and, where significant or disproportionate impacts exist, suggest strategies, designs, or actions to mitigate those impacts.
(D) The lead agency shall hold noticed public meetings as follows:
(i) Before determining that a project is exempt pursuant to this section, the lead agency shall hold at least three noticed public meetings in the project area to hear and respond to public comments.
(ii) At least one of the three public meetings shall review the project business case and the racial equity analysis. The review of these documents does not inhibit or preclude application of this section.
(iii) The lead agency shall conduct at least two noticed public meetings annually during project construction for the public to provide comments.
(iv) The public meetings held pursuant to clauses (i) to (iii), inclusive, shall be in the form of either a public community planning meeting held in the project area or in the form of a regularly scheduled meeting of the governing body of the lead agency.
(E) The lead agency shall give public notice of the meetings in subparagraph (D) to the last known name and address of all the organizations and individuals that have previously requested notice and shall also give the general public notice using at least one of the following procedures:
(i) Publication of the notice in a newspaper of general circulation in the area affected by the 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.
(ii) Posting of the notice onsite and offsite in the area where the project is located.
(iii) Posting of the notice on the lead agency’s internet website and social media accounts.
(2) In addition to the requirements of paragraph (1), for a project described in that paragraph for which at least 50 percent of the project or project’s stops and stations are located in an area that is at risk of residential displacement and that will have a maximum of 15-minute peak headways, the local agency shall complete an analysis of residential displacement and suggest anti-displacement strategies, designs, or actions.
For a project subject to this paragraph, the applicable metropolitan planning organization shall define or identify areas at risk of residential displacement.
(e) (1) (A) Except as provided in subdivision (f), in addition to the requirements of subdivision (c), before or concurrent with following the granting of an exemption under this section, the lead agency shall take an action at a public meeting of its governing board to certify that the project will be completed by a skilled and trained workforce.
(B) Subparagraph (A) does not apply if the lead agency has an existing policy or certification approved by its governing board that requires the use of a skilled and trained workforce to complete the project if the lead agency is a signatory to a project labor agreement that will require the use of a skilled and trained workforce on the project.
(2) (A) Except as provided in subparagraph (B), for a project that is exempted under this section, the lead agency shall not enter into a construction contract with any entity unless the entity provides to the lead agency an enforceable commitment that the
entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or a contract that falls within an apprenticeship occupation in the building and construction trades in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.
(B) Subparagraph (A) does not apply if any of the following requirements are met:
(i) The lead agency has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project to use a skilled and trained workforce and the entity has agreed to be bound by that project labor agreement.
(ii) The project or contract is
being performed under the extension or renewal of a project labor agreement that was entered into by the lead agency before January 1, 2021.
(iii) The entity contracted to perform the project entered into a project labor agreement that will bind the entity and all its subcontractors at every tier performing the project to use a skilled and trained workforce.
(f) Subdivisions (c) and (e) do not apply to a project described in paragraph (9) of subdivision (b).
(g) If the lead agency determines that a project is not subject to this division pursuant to this section, and the lead agency determines to carry out that project, the lead agency shall file a notice of exemption with the Office of Planning and Research and
or the county clerk of the county in which the project is located in the manner specified in subdivisions (b) and (c) of Section 21152.
(h) (1) The amendments made to paragraph (5) of subdivision (b) by the measure adding this paragraph may apply to projects for which a lead agency has filed a notice of exemption under this section before January 1, 2023.
(2) For projects for which a lead agency has filed a notice of exemption under this section before January 1, 2023, notwithstanding subdivision (d), as it read on December 31, 2022, the lead agency may certify that the project will be completed by a skilled and trained workforce after the granting of the exemption under this section or the lead agency may demonstrate
compliance with subparagraph (B) of paragraph (1) of subdivision (e).
