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SB-1380 Environmental quality: California Environmental Quality Act: bicycle transportation plan.(2011-2012)

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SB1380:v94#DOCUMENT

Amended  IN  Assembly  August 21, 2012
Amended  IN  Assembly  August 07, 2012
Amended  IN  Senate  May 03, 2012
Amended  IN  Senate  April 10, 2012
Amended  IN  Senate  March 27, 2012

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Senate Bill No. 1380

Introduced  by  Senator Rubio
 (Principal Coauthor(s): Assembly Member Chesbro, Perea)

February 24, 2012

An act to amend, repeal, and add Section 21152.1 of, and to add and repeal Section 21080.20 of, the Public Resources Code, relating to environmental quality.


LEGISLATIVE COUNSEL'S DIGEST


SB 1380, as amended, Rubio. Environmental quality: California Environmental Quality Act: bicycle transportation plan.
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 (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 the OPR to assist with, among other things, the orderly preparation of programs of transportation.
Existing law requires 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 OPR 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 or person, who 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. This bill would require OPR to post specified information on its Internet Web site, as prescribed.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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.

(c)

(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.

SEC. 2.Section 21152.1 of the Public Resources Code is amended to read:21152.1.

(a)When a local agency determines that a project is not subject to this division pursuant to Section 21080.20, 21159.22, 21159.23, or 21159.24, and it approves or determines to carry out that project, the local agency or the person specified in subdivision (b) or (c) of Section 21065, shall file notice of the determination with the Office of Planning and Research.

(b)All notices filed pursuant to this section shall be available for public inspection, and a list of these notices shall be posted on a weekly basis in the Office of Planning and Research. Each list shall remain posted for a period of 30 days.

(c)Failure to file the notice required by this section does not affect the validity of a project.

(d)Nothing in this section affects the time limitations contained in Section 21167.

(e)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. 3.Section 21152.1 is added to the Public Resources Code, to read:21152.1.

(a)When a local agency determines that a project is not subject to this division pursuant to Section 21159.22, 21159.23, or 21159.24, and it approves or determines to carry out that project, the local agency or the person specified in subdivision (b) or (c) of Section 21065 shall file notice of the determination with the Office of Planning and Research.

(b)All notices filed pursuant to this section shall be available for public inspection, and a list of these notices shall be posted on a weekly basis in the Office of Planning and Research. Each list shall remain posted for a period of 30 days.

(c)Failure to file the notice required by this section does not affect the validity of a project.

(d)Nothing in this section affects the time limitations contained in Section 21167.

(e)This section shall become operative on January 1, 2018.