BILL NUMBER: AB 1204	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Huber

                        FEBRUARY 27, 2009

   An act to amend Section 21159.28 of the Public Resources Code,
relating to the environment.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1204, as introduced, Huber. Environment: California
Environmental Quality Act (CEQA): sustainable community strategy.
   (1) The California Environmental Quality Act (CEQA) provides that
a residential or mixed-use residential project that is consistent
with the use designation, density, building intensity, and applicable
policies for the project area in a sustainable community strategy or
an alternative planning strategy and that, if implemented, achieves
the greenhouse gas emission reduction targets and incorporates the
mitigation measures required by an applicable prior environmental
document is exempt from the requirement to reference, describe, or
discuss growth inducing impacts or project specific or cumulative
impacts from vehicles trips generated by the project on global
warming or the regional transportation network in any findings or
other determination for an exemption, a negative declaration, a
mitigated negative declaration, a sustainable communities
environmental assessment, an environmental impact report, or addenda
prepared or adopted pursuant to CEQA.
   This bill would delete the restriction of this exemption to
residential or mixed-use residential projects. By requiring a lead
agency to determine whether the above exemption applies to additional
projects, the bill would increase the level of service provided by a
local agency, thereby imposing a state-mandated local program.
   (2) 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 no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21159.28 of the Public Resources Code is
amended to read:
   21159.28.  (a) If a  residential or mixed-use residential
 project is consistent with the use designation, density,
building intensity, and applicable policies specified for the project
area in either a sustainable communities strategy or an alternative
planning strategy, for which the State Air Resources Board pursuant
to subparagraph (I) of paragraph (2) of subdivision (b) of Section
65080 of the Government Code has accepted the metropolitan planning
organization's determination that the sustainable communities
strategy or the alternative planning strategy would, if implemented,
achieve the greenhouse gas emission reduction targets and if the
project incorporates the mitigation measures required by an
applicable prior environmental document, then any findings or other
determinations for an exemption, a negative declaration, a mitigated
negative declaration, a sustainable communities environmental
assessment, an environmental impact report, or addenda prepared or
adopted for the project pursuant to this division shall not be
required to reference, describe, or discuss (1) growth inducing
impacts; or (2) any project specific or cumulative impacts from cars
and light-duty truck trips generated by the project on global warming
or the regional transportation network.
   (b)  Any   An  environmental impact
report prepared for a project described in subdivision (a) shall not
be required to reference, describe, or discuss a reduced 
residential  density alternative to address the effects of
car and light-duty truck trips generated by the project.
   (c) "Regional transportation network," for purposes of this
section, means all existing and proposed transportation system
improvements, including the state transportation system, that were
included in the transportation and air quality conformity modeling,
including congestion modeling, for the final regional transportation
plan adopted by the metropolitan planning organization, but shall not
include local streets and roads.  Nothing in the foregoing
relieves any   this section does not relieve a 
project from a requirement to comply with any conditions, exactions,
or fees for the mitigation of the project's impacts on the structure,
safety, or operations of the regional transportation network or
local streets and roads. 
   (d) A residential or mixed-use residential project is a project
where at least 75 percent of the total building square footage of the
project consists of residential use or a project that is a transit
priority project as defined in Section 21155. 
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.