BILL NUMBER: AB 2008 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 7, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Quirk
FEBRUARY 20, 2014
An act to amend Section 21094.5.5 of the Public Resources
Code, relating to the environment. An act to amend
Section 65460.2 of the Government Code, relating to local planni
ng.
LEGISLATIVE COUNSEL'S DIGEST
AB 2008, as amended, Quirk. California Environmental
Quality Act: infill projects: Transit village plans:
goods movement.
Existing law authorizes a city or county to prepare a transit
village plan for a transit village development district that
addresses specified characteristics, including, among other things,
demonstrable public benefits beyond the increase in transit usage
that include any 5 specified benefits.
This bill would require the transit village plan to address
demonstrable public benefits beyond the increase in transit usage
including any 6 specified benefits. The bill would add as a public
benefit the minimization of the impact of goods movement on air
quality, traffic, and public safety through the provision of
dedicated loading and unloading facilities for commercial space.
The California Environmental Quality Act requires a lead agency,
as defined, to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report 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. The act 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.
The act requires the Office of Planning and Research to prepare,
develop, and transmit to the Natural Resources Agency, and the
Secretary of the Natural Resources Agency to certify and adopt,
guidelines for the implementation of the act by public agencies. The
act requires the guidelines to include statewide standards for infill
projects to promote specified goals and priorities.
This bill would require the guidelines to be revised to include as
a statewide standard for infill projects the goal of minimizing the
impacts of goods movement on air quality, traffic, and public safety
through the provision of dedicated loading and unloading facilities
for commercial space.
Because a public agency would be required to consider the above
goal regarding goods movement for infill projects as required by the
guidelines, this bill would 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 no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65460.2 of the
Government Code is amended to read:
65460.2. A city or county may prepare a transit village plan for
a transit village development district that addresses the following
characteristics:
(a) A neighborhood centered around a transit station that is
planned and designed so that residents, workers, shoppers, and others
find it convenient and attractive to patronize transit.
(b) A mix of housing types, including apartments, within not more
than one-half mile of the main entrance of the transit station.
(c) Other land uses, including a retail district oriented to the
transit station and civic uses, including day care centers and
libraries.
(d) Pedestrian and bicycle access to the transit station, with
attractively designed and landscaped pathways.
(e) A transit system that should encourage and facilitate
intermodal service, and access by modes other than single occupant
vehicles.
(f) Demonstrable public benefits beyond the increase in transit
usage, including any five six of the
following:
(1) Relief of traffic congestion.
(2) Improved air quality.
(3) Increased transit revenue yields.
(4) Increased stock of affordable housing.
(5) Redevelopment of depressed and marginal inner-city
neighborhoods.
(6) Live-travel options for transit-needy groups.
(7) Promotion of infill development and preservation of natural
resources.
(8) Promotion of a safe, attractive, pedestrian-friendly
environment around transit stations.
(9) Reduction of the need for additional travel by providing for
the sale of goods and services at transit stations.
(10) Promotion of job opportunities.
(11) Improved cost-effectiveness through the use of the existing
infrastructure.
(12) Increased sales and property tax revenue.
(13) Reduction in energy consumption.
(14) Minimization of the impact of goods movement on air quality,
traffic, and public safety through the provision of dedicated loading
and unloading facilities for commercial space.
(g) Sites where a density bonus of at least 25 percent may be
granted pursuant to specified performance standards.
(h) Other provisions that may be necessary, based on the report
prepared pursuant to subdivision (b) of former Section 14045, as
enacted by Section 3 of Chapter 1304 of the Statutes of 1990.
SECTION 1. Section 21094.5.5 of the Public
Resources Code is amended to read:
21094.5.5. (a) The Office of Planning and Research shall prepare,
develop, and transmit to the Natural Resources Agency for
certification and adoption guidelines for the implementation of
Section 21094.5 and the Secretary of the Natural Resources Agency
shall certify and adopt the guidelines.
(b) The guidelines prepared pursuant to this section shall include
statewide standards for infill projects that may be amended from
time to time and promote all of the following:
(1) The implementation of the land use and transportation policies
in the Sustainable Communities and Climate Protection Act of 2008
(Chapter 728 of the Statutes of 2008).
(2) The state planning priorities specified in Section 65041.1 of
the Government Code and in the most recently adopted Environmental
Goals and Policy Report issued by the Office of Planning and Research
supporting infill development.
(3) The reduction of greenhouse gas emissions under the California
Global Warming Solutions Act of 2006 (Division 25.5 (commencing with
Section 38500) of the Health and Safety Code).
(4) The reduction in per capita water use pursuant to Section
10608.16 of the Water Code.
(5) The creation of a transit village development district
consistent with Section 65460.1 of the Government Code.
(6) Substantial energy efficiency improvements, including
improvements to projects related to transportation energy.
(7) Protection of public health, including the health of
vulnerable populations from air or water pollution, or soil
contamination.
(8) Minimization of the impact of goods movement on air quality,
traffic, and public safety through the provision of dedicated loading
and unloading facilities for commercial space.
(c) The standards for projects on infill sites shall be updated as
frequently as necessary to ensure the protection of the environment.
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.