Amended in Senate June 13, 2013

Amended in Assembly April 18, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 417


Introduced by Assembly Member Frazier

February 15, 2013


An act tobegin insert amend Section 21080.20.5 of, and toend insert add and repeal Section 21080.20 ofbegin insert,end insert the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL’S DIGEST

AB 417, as amended, Frazier. Environmental quality: California Environmental Quality Act: bicycle transportation plan.

The California Environmental Quality Act, known as CEQA, requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report, known as an 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 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 county clerk in the county in which the project is located.begin insert Existing law establishes the Office of Planning and Research, known as OPR, in the Governor’s office. Existing law requires OPR to assist with, among other things, the orderly preparation of programs of transportation.end insert

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 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 thebegin insert OPR and theend insert county clerk.

begin insert

Existing law exempts from CEQA a project that consists of the restriping of streets and highways for bicycle lanes in an urbanized area, as provided. Existing law requires a lead agency to, among other things, 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.

end insert
begin insert

This bill would prohibit the preparation of the assessment described above if certain conditions are met, including if measures to mitigate these impacts are identified in an environmental impact report, negative declaration, or mitigated negative declaration, as provided.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 21080.20 is added to the Public Resources
2Code
, to read:

3

21080.20.  

(a) This division does not apply to a bicycle
4transportation plan prepared pursuant to Section 891.2 of the Streets
5and Highways Code for an urbanized area for restriping of streets
6and highways, bicycle parking and storage, signal timing to
7improve street and highway intersection operations, and related
8signage for bicycles, pedestrians, and vehicles.

9(b) Prior to determining that a project is exempt pursuant to this
10section, the lead agency shall do both of the following:

11(1) Hold noticed public hearings in areas affected by the bicycle
12transportation plan to hear and respond to public comments.
13Publication of the notice shall be no fewer times than required by
14Section 6061 of the Government Code, by the public agency in a
P3    1newspaper of general circulation in the area affected by the
2proposed project. If more than one area will be affected, the notice
3shall be published in the newspaper of largest circulation from
4among the newspapers of general circulation in those areas.

5(2) begin deleteInclude end deletebegin insertPrepare an assessment of any traffic and safety
6impacts of the project and include end insert
measures in the bicycle
7transportation plan to mitigate potential vehicular traffic impacts
8and bicycle and pedestrian safety impacts.

9(c) begin deleteWhenever end deletebegin insertIf end inserta local agency determines that a project is not
10subject to this division pursuant to this section, and it determines
11to approve or carry out that project, the notice shall be filed with
12begin insert the Office of Planning and Research andend insert the county clerk in the
13county in which the project is located in the manner specified in
14subdivisions (b) and (c) of Section 21152.

15(d) This section shall remain in effect only until January 1, 2018,
16and as of that date is repealed, unless a later enacted statute, that
17is enacted before January 1, 2018, deletes or extends that date.

18begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 21080.20.5 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
19amended to read:end insert

20

21080.20.5.  

(a) This division does not apply to a project that
21consists of the restriping of streets and highways for bicycle lanes
22in an urbanized area that is consistent with a bicycle transportation
23plan prepared pursuant to Section 891.2 of the Streets and
24Highways Code.

25(b) Prior to determining that a project is exempt pursuant to this
26section, the lead agency shall do both of the following:

27(1) begin insert(A)end insertbegin insertend insert Prepare an assessment of any traffic and safety impacts
28of the project and include measures in the project to mitigate
29potential vehicular traffic impacts and bicycle and pedestrian safety
30impacts.

begin insert

31(B) The requirement to prepare an assessment pursuant to
32subparagraph (A) shall not apply if either of the following
33conditions is met:

end insert
begin insert

34(i) Measures to mitigate these impacts are identified in an
35environmental impact report, negative declaration, or mitigated
36negative declaration prepared pursuant to this division for the
37bicycle transportation plan, certified or approved no more than
38five years prior to making the determination, the measures are
39included in the plan, and those measures are incorporated into
40the project.

end insert
begin insert

P4    1(ii) An assessment was prepared pursuant to paragraph (2) of
2subdivision (b) of Section 21080.20 no more than five years prior
3to making the determination, the measures to mitigate these impacts
4are included in the plan, and those measures are incorporated
5into the project.

end insert

6(2) Hold noticed public hearings in areas affected by the project
7to hear and respond to public comments. Publication of the notice
8shall be no fewer times than required by Section 6061 of the
9Government Code, by the public agency in a newspaper of general
10circulation in the area affected by the proposed project. If more
11than one area will be affected, the notice shall be published in the
12newspaper of largest circulation from among the newspapers of
13general circulation in those areas.

14(c) (1) begin deleteWhenever end deletebegin insertIf end inserta state agency determines that a project is
15not subject to this division pursuant to this section, and it
16determines to approve or carry out that project, the notice shall be
17filed with the Office of Planning and Research in the manner
18specified in subdivisions (b) and (c) of Section 21108.

19(2) begin deleteWhenever end deletebegin insertIfend insertbegin insert end inserta local agency determines that a project is not
20subject to this division pursuant to this section, and it determines
21to approve or carry out that project, the notice shall be filed with
22the Office of Planning and Research, and filed with the county
23clerk in the county in which the project is located in the manner
24specified in subdivisions (b) and (c) of Section 21152.

25(d) This section shall remain in effect only until January 1, 2018,
26and as of that date is repealed, unless a later enacted statute, that
27is enacted before January 1, 2018, deletes or extends that date.



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