(B) The project is located on property owned by a transit agency or within an existing public right-of-way.
(C) Notice of the project is given to the public at least 45 days before the public transit agency takes an action, either discretionary or nondiscretionary, on the project in all of the following ways:
(i) Publication by the public transit agency 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 notice by the public transit agency onsite and offsite in the area where the project is to be
located.
(iii) Direct mailing or door hangers to the owners and occupants of contiguous property shown on the latest equalized assessment roll.
(iv) Direct mailing or door hangers to the owners and occupants of property within one-fourth of one mile of any parcel or parcels on which the project is located.
(D) At least 30 days before the public transit agency takes an action, either discretionary or nondiscretionary, on the project, the public transit agency provides for a noticed public meeting on
the project. The public transit agency shall take into account any concerns that are discussed at the meeting.
(8) The maintenance, repair, relocation, replacement, or removal of any utility infrastructure associated with a project identified in paragraphs (1) to (7), inclusive.
(9) A project that consists exclusively of a combination of any of the components of a project identified in paragraphs (1) to
(8), inclusive.
(10) A project carried out by a city or county to reduce minimum parking requirements.
(c) Except as provided in subdivision (e), a project exempt from this division under this section shall meet all of the following criteria:
(1) A public agency is carrying out the project and is the lead agency for the project.
(2) The project is located in an urbanized area.
(3) The project is located on or within an existing public right-of-way.
(4) The project shall not add physical infrastructure 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.
(5) The construction of the project shall not require the demolition of affordable housing units.
(6) For a project exceeding one hundred million dollars ($100,000,000) in 2020 United States dollars, 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 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.
(d) (1) Except as provided in subdivision (e), in addition to the requirements of subdivision (c), before granting an exemption under this section, the lead agency shall certify that the project will be completed by a skilled and trained workforce.
(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 or the lead agency has contracted 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 lead agency has entered into a project labor agreement that will bind the lead agency and all its subcontractors at every tier performing the project or the lead agency has contracted to use a skilled and trained workforce.
(e) Subdivisions (c) and (d) do not apply to a project described in paragraph (10) of subdivision (b).
(f) 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 the county clerk of the county in which the project is located in the manner specified in subdivisions (b) and (c) of
Section 21152.
(g) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.