Amended in Assembly May 11, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1886

Introduced by Assembly Member McCarty

(Principal coauthors: Assembly Members Bloom and Gonzalez)

February 11, 2016

An act to amend begin delete Section 21155 end delete begin insert Sections 21155 and 21155.2 end insert of the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL’S DIGEST

AB 1886, as amended, McCarty. California Environmental Quality Act: transit priority projects.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report begin delete (EIR) end delete 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 begin insert provides for limited CEQA review end insert begin insert or end insert exempts from its requirements transit priority projects meeting certain requirements, including the requirement that the project be within 1⁄2 mile of a major transit stop or high-quality transit corridor included in a regional transportation plan. CEQA specifies that a project is considered to be within 1⁄2 mile of a major transit stop or high-quality transit corridor if, among other things, all parcels within the project have no more than 25% of their area farther than 1⁄2 mile from the stop or corridor.

This begin delete bill end delete begin insert bill, for a transit priority project to meet the requirements for limited CEQA review, end insert would increase that percentage to 50%.

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

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

SECTION 1.  

Section 21155 of the Public Resources Code is
amended to read:

21155.  

(a) This chapter applies only to a transit priority project
that is consistent with the general 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 (H) of paragraph (2) of subdivision (b) of Section
65080 of the Government Code, has accepted a 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.

(b) For purposes of this chapter, a transit priority project shall
(1) contain at least 50 percent residential use, based on total
building square footage and, if the project contains between 26
percent and 50 percent nonresidential uses, a floor area ratio of
not less than 0.75; (2) provide a minimum net density of at least
20 dwelling units per acre; and (3) be within one-half mile of a
major transit stop or high-quality transit corridor included in a
regional transportation plan. A major transit stop is as defined in
Section 21064.3, except that, for purposes of this section, it also
includes major transit stops that are included in the applicable
regional transportation plan. For purposes of this begin delete section, end delete begin insert chapter, end insert
a high-quality transit corridor means a corridor with fixed route
bus service with service intervals no longer than 15 minutes during
peak commute hours. begin delete A end delete begin insert Except as provided in subdivision (a) of
Section 21155.2, a end insert project shall be considered to be within one-half
mile of a major transit stop or high-quality transit corridor if all
parcels within the project have no more than begin delete 50 end delete begin insert 25 end insert percent of their
area farther than one-half mile from the stop or corridor and if not
more than 10 percent of the residential units or 100 units,
whichever is less, in the project are farther than one-half mile from
the stop or corridor.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 21155.2 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

21155.2.  

(a)  begin delete A end delete begin insert Notwithstanding subdivision (b) of Section
21155 and for purposes of this section, a project shall be
considered to be within one-half mile of a major transit stop or
high-quality transit corridor if all parcels within the project have
no more than 50 percent of their area farther than one-half mile
from the stop or corridor and if not more than 10 percent of the
residential units or 100 units, whichever is less, in the project are
farther than one-half mile from the stop or corridor. end insert

begin insert (b) end insert begin insert   end insert begin insert A end insert transit priority project that has incorporated all feasible
mitigation measures, performance standards, or criteria set forth
in the prior applicable environmental impact reports and adopted
in findings made pursuant to Section 21081, shall be eligible for
either the provisions of subdivision begin delete (b) or (c). end delete begin insert (c) or (d). end insert

begin delete

(b)

end delete

begin insert (c) end insert  A transit priority project that satisfies the requirements of
subdivision begin delete (a) end delete begin insert (b) end insert may be reviewed through a sustainable
communities environmental assessment as follows:

(1) An initial study shall be prepared to identify all significant
or potentially significant impacts of the transit priority project,
other than those begin delete which end delete begin insert that end insert do not need to be reviewed pursuant
to Section 21159.28 based on substantial evidence in light of the
whole record. The initial study shall identify any cumulative effects
that have been adequately addressed and mitigated pursuant to the
requirements of this division in prior applicable certified
environmental impact reports. Where the lead agency determines
that a cumulative effect has been adequately addressed and
mitigated, that cumulative effect shall not be treated as
cumulatively considerable for the purposes of this subdivision.

(2) The sustainable communities environmental assessment
shall contain measures that either avoid or mitigate to a level of
insignificance all potentially significant or significant effects of
the project required to be identified in the initial study.

(3) A draft of the sustainable communities environmental
assessment shall be circulated for public comment for a period of
not less than 30 days. Notice shall be provided in the same manner
as required for an environmental impact report pursuant to Section
21092.

(4) Prior to acting on the sustainable communities environmental
assessment, the lead agency shall consider all comments received.

(5) A sustainable communities environmental assessment may
be approved by the lead agency after conducting a public hearing,
reviewing the comments received, and finding begin delete that: end delete begin insert all of the
following: end insert

(A) All potentially significant or significant effects required to
be identified in the initial study have been identified and analyzed.

(B) With respect to each significant effect on the environment
required to be identified in the initial study, either of the following
apply:

(i) Changes or alterations have been required in or incorporated
into the project that avoid or mitigate the significant effects to a
level of insignificance.

(ii) Those changes or alterations are within the responsibility
and jurisdiction of another public agency and have been, or can
and should be, adopted by that other agency.

(6) The legislative body of the lead agency shall conduct the
public hearing or a planning commission may conduct the public
hearing if local ordinances allow a direct appeal of approval of a
document prepared pursuant to this division to the legislative body
subject to a fee not to exceed five hundred dollars ($500).

(7) The lead agency’s decision to review and approve a transit
priority project with a sustainable communities environmental
assessment shall be reviewed under the substantial evidence
standard.

begin delete

(c)

end delete

begin insert (d) end insert  A transit priority project that satisfies the requirements of
subdivision begin delete (a) end delete begin insert (b) end insert may be reviewed by an environmental impact
report that complies with all of the following:

(1) An initial study shall be prepared to identify all significant
or potentially significant effects of the transit priority project other
than those that do not need to be reviewed pursuant to Section
21159.28 based upon substantial evidence in light of the whole
record. The initial study shall identify any cumulative effects that
have been adequately addressed and mitigated pursuant to the
requirements of this division in prior applicable certified
environmental impact reports. begin delete Where end delete begin insert If end insert the lead agency determines
that a cumulative effect has been adequately addressed and
mitigated, that cumulative effect shall not be treated as
cumulatively considerable for the purposes of this subdivision.

(2) An environmental impact report prepared pursuant to this
subdivision need only address the significant or potentially
significant effects of the transit priority project on the environment
identified pursuant to paragraph (1). begin delete It end delete begin insert The lead agency end insert is not
required to analyze off-site alternatives to the transit priority
project. begin delete It end delete begin insert The lead agency end insert shall otherwise comply with the
requirements of this division.