Today's Law As Amended


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AB-1218 California Environmental Quality Act: exemption: bicycle transportation plans.(2017-2018)



As Amends the Law Today


SECTION 1.

 Section 21080.20 of the Public Resources Code is amended to read:

21080.20.
 (a) (1)  This division does not apply to an active transportation plan, a pedestrian plan, or a  a  bicycle transportation plan for the  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 the  related signage for bicycles, pedestrians, and vehicles.
(2) (b)  An active transportation plan or pedestrian plan is encouraged to include the consideration of environmental factors, but that consideration does not inhibit or preclude the application of this section. Prior to determining that a project is exempt pursuant to this section, the lead agency shall do both of the following: 
(3) An individual project that is a part of an active transportation plan or pedestrian plan remains subject to this division unless another exemption applies to that project.
(b) (1)  Before determining that a project described in subdivision (a) is exempt pursuant to this section, the lead agency shall hold  Hold  noticed public hearings in areas affected by the project  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 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) 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) If a local agency determines that a project is not subject to this division pursuant to this section 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.
(d) For purposes of this section, the following definitions apply:
(1) “Active transportation plan” means a plan developed by a local jurisdiction that promotes and encourages people to choose walking, bicycling, or rolling through the creation of safe, comfortable, connected, and accessible walking, bicycling, or rolling networks, and encourages alternatives to single-occupancy vehicle trips.
(2) “Pedestrian plan” means a plan developed by a local jurisdiction that establishes a comprehensive, coordinated approach to improving pedestrian infrastructure and safety.
(e) (d)  This section shall remain in effect only until January 1, 2030, 2021,  and as of that date is repealed.

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) 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) 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, 2021, and as of that date is repealed.