BILL NUMBER: AB 1204	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 15, 2009

INTRODUCED BY   Assembly Member Huber

                        FEBRUARY 27, 2009

    An act to amend Section 21159.28 of the Public Resources
Code, relating to the environment.   An act to amend
Section 67951 of the Government Code, relating to transportation.




	LEGISLATIVE COUNSEL'S DIGEST


   AB 1204, as amended, Huber.  Environment: California
Environmental Quality Act (CEQA): sustainable community strategy.
  El Dorado County Transportation Commission.  

   Existing law requires the Director of Transportation to designate
a transportation planning agency in each county for the purpose of
allocating funds in the local transportation fund derived from1/4 of
1% of the sales tax, pursuant to the Mills-Alquist-Deddeh Act, also
known as the Transportation Development Act, and for other related
transportation purposes. Existing law creates the El Dorado County
Transportation Planning Agency, also known as the El Dorado County
Transportation Commission, as the transportation planning agency in
the portion of El Dorado County outside of the Tahoe Basin. Existing
law provides that the agency is composed of 6 members, with 3 members
appointed by the El Dorado County Board of Supervisors and 3 members
appointed by the city council of the City of Placerville.  

   This bill would expand the membership of the agency to 9 members,
with the 3 additional members to be appointed by the board of the El
Dorado Community Services District. Because the bill would impose
additional duties on local agencies, it would thereby impose a
state-mandated local program.  
   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 these
statutory provisions.  
   (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 67951 of the  
Government Code   is amended to read: 
   67951.  The agency shall be composed of  three 
 nine members. Three  members  shall be  appointed
by the county board of supervisors  and   ,
 three members  shall be  appointed by the city council
of the City of Placerville  ,   and three members shall
be appointed by the board of the El Dorado Community Services
District  . The appointing authority, for each regular member it
appoints, may appoint an alternate member to serve in place of the
regular member when the regular member is absent or disqualified from
participating in a meeting of the agency.
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    Section 21159.28 of the Public
Resources Code is amended to read:
   21159.28.  (a) If a 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) An environmental impact report prepared for a project
described in subdivision (a) shall not be required to reference,
describe, or discuss a reduced 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. 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.  
  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.