BILL NUMBER: SB 1380 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 27, 2012
INTRODUCED BY Senator Rubio
( Principal coauthor: Assembly Member
Perea )
FEBRUARY 24, 2012
An act to add Division 13.6 (commencing with Section 21200) to the
Public Resources Code, relating to environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
SB 1380, as amended, Rubio. Environmental quality:
environmental impact report: environmental standards.
California Environmental Quality Act: bicycle transportation plan.
(1) The
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 (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 establishes statutes and regulations related to
numerous environmental issues.
Existing law authorizes a city, county, or city and county to
prepare a bicycle transportation plan that includes specified
elements.
This bill would require a public agency to disclose in an
EIR the environmental standards established by specified statutes
and the regulations, plans, policies, and permitting programs
promulgated, adopted, or issued pursuant to those statutes that are
applicable to the project. Because a lead agency would be required to
make this additional disclosure in an EIR, this bill would impose a
state-mandated local program enact the California
Public Health and Environmental Standards Act and would require
documentation prepared pursuant to CEQA for the bicycle
transportation plan to disclose applicable environmental laws, as
specified. The bill would prohibit a cause of action from being
brought in a judicial proceeding alleging noncompliance with CEQA
related to those applicable environmental laws .
(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
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Division 13.6 (commencing with Section
21200) is added to the Public Resources Code ,
to read:
DIVISION 13.6. CALIFORNIA PUBLIC HEALTH AND ENVIRONMENTAL
STANDARDS ACT
21200. This division shall be known and may be cited as the
California Public Health and Environmental Standards Act.
21201. The Legislature finds and declares all of the following:
(a) A fundamental focus of bicycle transportation planning is to
improve the physical health and safety of the bicyclist and the
bicyclist's property.
(b) Development of bicycle transportation plans has the potential
for all of the following:
(1) Increase the number of recreational and commuting bicyclists
by ensuring a region's bicycle network has the capacity to
accommodate bicyclists of all ages and skills.
(2) Improve the health of residents of the state by increasing
access to bicycle routes and achieving the functional commuting needs
of employees, students, business persons, and shoppers.
(3) Promote the creation of bicycle safety and education programs.
(4) Provide affordable transportation alternatives.
(5) Create more livable neighborhoods.
(c) According to the American Lung Association:
(1) Communities designed around mass transit, walking, and cycling
have been shown to reduce greenhouse gas emissions, air pollution,
and a range of adverse health outcomes, including traffic injuries,
cancers, lung and heart diseases, diabetes, and other chronic health
conditions.
(2) Residents of walkable and bikeable communities also have
significantly lower risk of obesity.
(3) Walkable and bikeable mixed-use planning could help California
cut over 132,000 tons of air pollution and avoid up to 140 premature
deaths, 105,000 asthma attacks and other respiratory symptoms,
16,550 workdays lost, and one billion six hundred sixty million
dollars ($1,660,000,000) in health costs in 2035.
(d) Notwithstanding the potential substantial costs of litigation
challenging the adequacy of a bicycle transportation plan, the
creation of bicycle transportation plans requires limited public
investment and can improve conditions for bicycling in order to help
achieve numerous important health and safety goals.
21202. The Legislature finds and declares all of the following:
concern.
(a) The Legislature adopted the California Environmental Quality
Act (Division 13 (commencing with Section 21000); hereafter CEQA) in
1970 in recognition that the maintenance of a quality environment for
the people of this state is a matter of statewide
(b) Guidelines implementing CEQA have evolved and expanded, and
currently provide that project impacts be evaluated based on 84
criteria covering 17 topics:
(1) Air quality.
(2) Biological resources including protected species and habitat
types.
(3) Cultural resources including archaeological resources.
(4) Geology and soils including seismic and landslide risk.
(5) Greenhouse gas emissions.
(6) Hazards and hazardous materials including toxic chemical
exposures, brownfields or contaminated site issues, and accident
risks.
(7) Hydrology and water quality including flooding and sea level
rise.
(8) Land use planning including consistency with land use plans.
(9) Public services including fire and police protection, schools,
parks, and other public facilities.
(10) Traffic and transportation, including transit, vehicular,
bicycle, and pedestrian transportation, emergency access, and roadway
safety.
(11) Utilities and service systems including wastewater, water
supply, stormwater, landfill, and waste management systems.
(12) Aesthetics.
(13) Agriculture and forestry resources.
(14) Mineral resource availability.
(15) Noise.
(16) Population and housing growth.
(17) Recreational resources.
(c) In the 40 years following the enactment of CEQA, Congress and
the Legislature have each adopted dozens of laws to protect
environmental quality in 14 of the 17 topical areas required to be
independently evaluated under CEQA. The Legislature has enacted
environmental protection laws that are as or more stringent than
federal law, and California environmental laws are often at the
cutting edge of environmental protection nationally and even
globally. These environmental protection laws, all enacted after
1970, include, but are not limited to:
(1) Air quality including air pollution and toxic air
contaminants: the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.)
and the Acid Precipitation Act (42 U.S.C. Secs. 8901 et seq.), and
California air quality laws including Division 26 (commencing with
Section 39000) of the Health and Safety Code, the Protect California
Air Act of 2003 (Chapter 4.5 (commencing with Section 42500) of Part
4 of Division 26 of the Health and Safety Code), the Carl Moyer
Memorial Air Quality Standards Attainment Program (Chapter 9
(commencing with Section 44275) of Part 5 of Division 26 of the
Health and Safety Code), the California Port Community Air Quality
Program (Chapter 9.8 (commencing with Section 44299.80) of Part 5 of
Division 26 of the Health and Safety Code), the California Clean
Schoolbus Program (Chapter 10 (commencing with Section 44299.90) of
Part 5 of Division 26 of the Health and Safety Code), the Air
Pollution Permit Streamlining Act of 1992 (Article 1.3 (commencing
with Section 42320) of Chapter 4 of Part 4 of Division 26 of the
Health and Safety Code), the California Air Pollution Control Law,
and the Air Toxics "Hot Spot" Information and Assessment Law (Part 6
(commencing with Section 44300) of Part 5 of Division 26 of the
Health and Safety Code), the Atmospheric Acidity Protection Act of
1988 (Chapter 6 (commencing with Section 39900) of Part 2 of Division
26 of the Health and Safety Code), the Connelly-Areias-Chandler Rice
Straw Burning Reduction Act (Section 41865 of the Health and Safety
Code), and the Lewis-Presley Air Quality Management Act (Chapter 5.5
(commencing with Section 40400) of Part 3 of Division 26 of the
Health and Safety Code).
(2) Biological resources including protected species and habitat
types: the federal Endangered Species Act (16 U.S.C. Sec. 1531 et
seq.), the federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et
seq.), the federal Bald and Golden Eagle Protection Act (BAGPA) (16
U.S.C. Sec. 668), Section 404(b) of the federal Clean Water Act (33
U.S.C. Sec. 1344(b)), the federal Marine Mammal Protection Act (16
U.S.C. Sec. 1361 et seq.), the federal Invasive Species
Act/Nonindigenous Aquatic Nuisance Prevention and Control Act (16
U.S.C. Sec. 4701 et seq.), the California Endangered Species Act
(Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish
and Game Code), Sections 1602, 3503.5, 3511, 3513, and 4700 of the
Fish and Game Code, the Oak Woodlands Conservation Act (Article 3.5
(commencing with Section 1360) of Chapter 3 of Division 2 of the Fish
and Game Code), Article 3 (commencing with Section 355) of Chapter 3
of Division 1 of the Fish and Game Code, Division 5 (commencing with
Section 5000) of the Fish and Game Code, Division 6 (commencing with
Section 5500) of the Fish and Game Code, and subdivision (e) of
Section 65302 of the Government Code.
(3) Cultural resources including archaeological resources: Section
106 of the National Historic Preservation Act (16 U.S.C. Sec. 470
(f)), the federal American Indian Religious Freedom Act (42 U.S.C.
Sec. 1996), Section 7050.5 of the Health and Safety Code, and Section
5097.9.
(4) Climate change and greenhouse gas emissions: the federal Clean
Air Act (42 U.S.C. Sec. 7401 et seq.), the federal Energy
Independence and Security Act (42 U.S.C. Sec. 17001 et seq.), the
California Global Warming Solutions Act of 2006 (Division 25.5
(commencing with Section 38500) of the Health and Safety Code),
Division 26 (commencing with Section 39000) of the Health and Safety
Code, the California Alternative and Renewable Fuel, Vehicle
Technology, Clean Air, and Carbon Reduction Act of 2007 (Chapter 8.9
(commencing with Section 44270) of Part 5 of Division 26 of the
Health and Safety Code), the California Energy-Efficient Vehicle
Group Purchase Program (Article 1.5 (commencing with Section 43810)
of Chapter 4 of Part 5 of the Health and Safety Code), Section
43018.5 of the Health and Safety Code, and Chapter 728 of the
Statutes of 2008.
(5) Hazards and hazardous materials including toxic chemical
exposures, brownfields or contaminated site issues, and chemical
accident risks: the federal Comprehensive Environmental Response,
Compensation and Liability Act (42 U.S.C. Sec. 9601 et seq.), the
federal Resource Conservation and Recovery Act (42 U.S.C. Sec. 6901
et seq.), the federal Emergency Planning and Community Right to Know
Act (42 U.S.C. Sec. 11001 et seq.), the federal Pollution Prevention
Act (42 U.S.C. Sec. 13101 et seq.), the federal Oil Pollution Act (33
U.S.C. Sec. 2701 et seq.), the federal Insecticide, Fungicide and
Rodenticide Act (7 U.S.C. Sec. 136 et seq.), the federal Toxic
Substances Control Act (15 U.S.C. Sec. 2601 et seq.), the federal
Asbestos Hazard Emergency Response Act (15 U.S.C. Sec. 2641 et seq.),
the federal Lead-Based Paint Exposure Reduction Act (15 U.S.C. Sec.
2681 et seq.), the federal Low-Level Radioactive Waste Policy Act (42
U.S.C. Sec. 2121b et seq.), the federal Lead Contamination Control
Act (42 U.S.C. Sec. 200j-21 et seq.), the Hazardous Waste Control Law
(Chapter 6.5 (commencing with Section 25100) of Division 20 of the
Health and Safety Code), Chapter 6.7 (commencing with Section 25280)
of Division 20 of the Health and Safety Code, Sections 25356.1.5 and
25395.94 of the Health and Safety Code, Chapter 6.95 (commencing with
Section 25500) of Division 26 of the Health and Safety Code, the
Elder California Pipeline Safety Act (Chapter 5.5 (commencing with
Section 51010) of Part 1 of Division 1 of Title 5 of the Government
Code), and the Natural Gas Pipeline Safety Act of 2011 (Article 2
(commencing with Section 955) of Chapter 4.5 of Part 1 of Division 1
of the Public Utilities Code).
(6) Hydrology and water quality including flooding and sea level
rise: the federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et
seq.), the federal Contaminated Sediment Assessment and Management
Act (33 U.S.C. Sec. 1271 et seq.), the federal Safe Drinking Water
Act (33 U.S.C. Sec. 300f et seq.), Section 1602 of the Fish and Game
Code, the Integrated Regional Water Management Planning Act (Part 2.2
(commencing with Section 10530) of Division 6 of the Water Code),
the Stormwater Resource Planning Act (Part 2.3 (commencing with
Section 10560) of Division 6 of the Water Code), the Porter-Cologne
Water Quality Control Act (Division 7 (commencing with Section 13000)
of the Water Code), the Safe Drinking Water and Toxic Enforcement
Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of
Division 20 of the Health and Safety Code), the Urban Water
Management Planning Act (Part 2.6 (commencing with Section 10610) of
Division 6 of the Water Code), Part 2.10 (commencing with Section
10910) of Division 6 of the Water Code, the Water Conservation in
Landscaping Act (Article 10.8 (commencing with Section 65591) of
Chapter 3 of Division 1 of Title 7 of the Government Code), the Storm
Water Enforcement Act of 1998 (Chapter 5.9 (commencing with Section
13399.25) of Division 7 of the Water Code), the Water Reclamation Law
(Chapter 7 (commencing with Section 13500) of Division 7 of the
Water Code), Chapter 7.3 (commencing with Section 13560) of Division
7 of the Water Code, and Part 2.75 (commencing with Section 10750) of
Division 6 of the Water Code.
(7) Land use planning including consistency with land use plans:
the federal Coastal Zone Management Act (16 U.S.C. Sec. 1451 et
seq.), the federal Land Policy and Management Act (43 U.S.C. Sec.
1701 et seq.), the federal Forest and Rangeland Renewable Resources
Planning and Research Acts (16 U.S.C. Secs. 1600 to 1614, incl., and
1641 to 1649, incl.), the federal Forest Management Act (16 U.S.C.
Secs. 1600 and 1611 to 1614, incl.), the Planning and Zoning Law
(Title 7 (commencing with Section 65000) of the Government Code), the
Subdivision Map Act (Division 2 (commencing with Section 66410) of
Title 7 of the Government Code), the California Coastal Act (Division
20 (commencing with Section 30000) of the Public Resources Code),
the Cortese-Knox Local Government Reorganization Act of 2001
(Division 3 (commencing with Section 56000) of Part 1 of Division 3
of Title 5 of the Government Code), the California Green Buildings
Standards Code (Part 11 of Title 24 of the California Code of
Regulations), and the California Building Code (Part 2 of Title 24 of
the California Code of Regulations).
(8) Public services including fire and police protection, schools,
parks, solid waste, recycling, and other public facilities: Chapter
2 (commencing with Section 17921) of Part 1.5 of Division 13 of the
Health and Safety Code, Sections 65996 and 65997 of the Government
Code, Section 66477 of the Government Code, Title 7.3 (commencing
with Section 66799) of the Government Code, the Used Oil Recycling
Act (Article 9 (commencing with Section 3460) of Chapter 1 of
Division 3 of the Public Resources Code), the Beverage Container
Recycling and Litter Reduction Act (Division 12.1 (commencing with
Section 14500), Division 12.3 (commencing with Section 16000),
Division 12.4 (commencing with Section 16050), and Division 12.7
(commencing with Section 18000)), the Fiberglass Recycled Content Act
of 1991 (Division 12.9 (commencing with Section 19500)), the
California Integrated Waste Management Act of 1989 (Division 30
(commencing with Section 40000)), the California Fire Code (Part 9 of
Title 24 of the California Code of Regulations), and Sections 1270
and 6773 of Title 8 of the California Code of Regulations.
(9) Traffic and transportation including transit, vehicular,
bicycle, and pedestrian transportation, emergency access, and roadway
safety: the federal Safety, Accountable, Flexible, Efficient
Transportation Equity Act (23 U.S.C. Sec. 101 et seq.), Titles 23 and
49 of the United States Code, and Chapter 2.3 (commencing with
Section 65070), Chapter 2.5 (commencing with 65080), and Chapter 2.8
(commencing with Section 65088) of Division 1 of Title 7 of
Government Code.
(10) Utilities and service systems including wastewater, water
supply, stormwater, landfill and waste management systems: Part 2.10
(commencing with Section 10910) of Division 6 of the Water Code, Part
2.55 (commencing with Section 10608) of Division 6 of the Water
Code, the Urban Water Management Planning Act (Part 2.6 (commencing
with Section 10610) of Division 6 of the Water Code), and the Water
Conservation in Landscaping Act (Article 10.8 (commencing with
Section 65591) of Chapter 3 of Division 1 of Title 7 of the
Government Code).
(11) Aesthetics: the federal Highway Beautification Act (23 U.S.C.
Sec. 131), Article 2.5 (commencing with Section 260) of Chapter 1 of
Division 1 of the Streets and Highways Code, the Outdoor Advertising
Act (Chapter 2 (commencing with Section 5200) of Division 3 of the
Business and Professions Code, and subdivision (e) of Section 656302
of the Government Code.
(12) Agriculture: the federal Soil and Water Conservation Act (16
U.S.C. Sec. 2001 et seq.) and the Williamson Act (Chapter 7
(commencing with Section 51200) of Part 1 of Division 1 of Title 5 of
the Government Code); and forestry resources: the Z'Berg-Nejedly
Forest Practice Act of 1973 and corresponding regulations (Chapter 8
(commencing with Section 4511) of Part 2 of Division 4) and Chapter 4
(commencing with Section 895), Chapter 4.5 (commencing with Section
1115) and Chapter 10 (commencing with Section 1600) of Division 1.5
of Title 14 of the California Code of Regulations), Protection of
Forest, Range and Forage Lands (Part 2 (commencing with Section 4101)
of Division 4), and the Wild and Scenic Rivers Act (Chapter 1.4
(commencing with Section 5093.50) of Division 5).
(13) Mineral resources: the federal Surface Mining Control and
Reclamation Act (30 U.S.C. Secs. 1201 et seq.) and the California
Surface Mining and Reclamation Act of 1975 (Chapter 9 (commencing
with Section 2710) of Division 2).
(14) Noise: federal Noise Control Act (43 U.S.C. Sec. 4901 et
seq.), the federal Abatement of Aviation Noise (49 U.S.C. Sec. 47501
et seq.), Article 5 (commencing with Section 65300) of Chapter 3 of
Division 1 of Title 7 of the Government Code, the California Noise
Insulation Standards (Part 2 of Title 24 of the California Code of
Regulations), the California Employee Noise Exposure Limits (Article
105 (commencing with Section 5095) of Group 15 of Subchapter 7 of
Chapter 4 of Division 1 of Title 8 of the California Code of
Regulations).
(d) Over the same 40-year period since the enactment of CEQA, the
Legislature has adopted environmental protection laws affecting the
three topical areas for which the United States Congress has not
taken any action to adopt federal environmental law of general
application in California.
(1) Geology and soils including seismic and landslide risk, the
Alquist-Priolo Earthquake Fault Zoning Act (Chapter 7.5 (commencing
with Section 2621) of Division 2), the Seismic Hazards Mapping Act
(Chapter 7.8 (commencing with Section 2690) of Division 2), the
California Building Code (Title 24 of the California Code of
Regulations), Chapter 12.2 (commencing Section 8875) of Division 1 of
Title 2 of the Government Code), subdivision (g) of Section 65302 of
the Government Code, and the Surface Mining and Reclamation Act of
1975 (Chapter 9 (commencing with Section 2710) of Division 1).
(2) Population and housing growth: Article 10.6 (commencing with
Section 65580) of Chapter 3 of Division 1 of Title 7 of the
Government Code and Chapter 13 (commencing with Section 75120) of
Division 73.
(3) Recreational resources: Section 66477 of the Government Code
and the State Public Park Preservation Act (Chapter 2.5 (commencing
with Section 5400) of Division 5).
(e) Environmental laws and regulations adopted since the 1970
enactment of the CEQA are designed to ensure California continues as
a national and international leader in protecting the environment,
health, safety, and welfare of California and those within its
borders.
(f) Environmental laws and regulations identify compliance
obligations that apply uniformly to similarly situated projects and
activities, and provide critical environmental protections that go
well beyond the ad hoc review process created by CEQA. Environmental
laws and regulations identify compliance obligations of general
applicability and thereby provide greater clarity than the
project-by-project ad hoc review process that was created for CEQA in
1970.
(g) When enacting CEQA and subsequent amendments, the Legislature
declared its intent to ensure that all public agencies give major
consideration to preventing environmental damage, while providing a
decent home and satisfying living environment for every Californian
and to create and maintain conditions under which man and nature can
exist in productive harmony to fulfill the social and economic
requirements of present and future generations.
(h) In enacting this division, it is the intent of the Legislature
to further the purposes of CEQA by integrating environmental laws
and regulations adopted over the last 40 years, while avoiding the
sometimes conflicting and often duplicative ad hoc environmental
review and mitigation requirements under CEQA regarding the
development and adoption of a bicycle transportation plan.
(i) In enacting this division, it is also the intent of the
Legislature to continue to foster public disclosure and informed
public participation of the environmental consequences of bicycle
transportation plans.
(j) In enacting this division, it is not the intent of the
Legislature to preclude any local agency, consistent with the
jurisdiction and authority of that agency, to condition approvals of
bicycle transportation plans on terms that may require more stringent
environmental protections than those required by applicable
environmental laws.
21203. (a) An environmental document prepared pursuant the
California Environmental Quality Act (Division 13 (commencing with
Section 21000)) for a bicycle transportation plan developed pursuant
to Section 891.2 of the Streets and Highways Code shall disclose all
applicable environmental laws.
(b) For purposes of this division, "standard" means the
appropriate level of protection, preservation, enhancement pollution,
reduction, avoidance, or other measure for a topical area requiring
analysis and mitigation under the California Environmental Quality
Act.
(c) For the purposes of this division, "applicable environmental
law" is a law related to an environmental topical area listed in
subdivision (b) of Section 21202 that is relevant to a bicycle
transportation plan and that does all of the following:
(1) (A) Includes a policy determination, or directs or authorizes
the adoption by an implementing agency of regulations, a plan, or a
permit, license, or authorization application and approval process to
implement that policy determination, regarding the appropriate
standard for a topical area requiring analysis and mitigation under
the California Environmental Quality Act.
(B) The documentation prepared under the California Environmental
Quality Act for a bicycle transportation plan meeting the condition
specified in subparagraph (A) shall disclose the applicable
compliance requirements of that law, and compliance with the
applicable standards for impacts that occur or might occur as a
result of approval of the project shall be the exclusive means of
evaluating and mitigating environmental impacts under the California
Environmental Quality Act regarding the subject of that law,
notwithstanding any other provision of law.
(2) (A) Identifies analytical methods or approaches, or directs or
authorizes the adoption by an implementing agency of regulations, a
plan, or permit, license, or authorization application and approval
processing procedures and practices that include those analytical
methods or approaches, regarding a standard.
(B) The documentation for a bicycle transportation plan meeting
the conditions specified in subparagraph (A) prepared under the
California Environmental Quality Act shall disclose the applicable
analytical methods or approaches, and the disclosure of those
analytical methods or approaches shall be the exclusive means of
evaluating potential project impacts under the California
Environmental Quality Act regarding the relevant law, notwithstanding
any other provision of law.
(3) (A) Identifies permissible practices for mitigating or
minimizing adverse impacts to a topical area requiring analysis and
mitigation under the California Environmental Quality Act, or directs
or authorizes the adoption by an implementing agency of regulations,
a plan, or a permit, license, or authorization application and
approval processing procedures and practices that include those
mitigation or minimization practices, regarding or relating to the
mitigation and minimization requirements.
(B) The documentation prepared
under the California Environmental Quality Act for a bicycle
transportation plan meeting the conditions specified in subparagraph
(A) shall disclose the applicable mitigation and minimization methods
or approaches, and compliance with the mitigation and minimization
practices shall be the exclusive means of mitigating environmental
impacts under the California Environmental Quality Act regarding the
subject of the relevant law, notwithstanding any other provision of
law.
(d) The disclosure obligations set forth in subdivision (c) are
intended to foster informed environmental review and public
participation in the environmental and public review process required
by the California Environmental Quality Act or other applicable laws
and regulations, including the Ralph M. Brown Act (Chapter 9
(commencing with Section 54950) of Part 1 of Division 2 of Title 5 of
the Government Code).
(e) (1) An environmental document subject to this division shall
only be required to consider environmental topical areas listed in
subdivision (b) of Section 21202.
(2) This subdivision does not preclude the lead agency from
modifying or updating its analytical methodologies for those topical
areas.
(f) (1) A cause of action shall not be commenced under Section
21167 for noncompliance with the California Environmental Quality Act
based on an environmental topical area listed in subdivision (b) of
Section 21202 for which the environmental document subject to this
division requires compliance with an applicable environmental law.
(2) This subdivision does not prohibit a cause of action otherwise
authorized by law to enforce compliance with other existing local,
state, and federal law.
(g) This division does not preclude any state agency, board, or
commission, or any county, city and county, city, regional agency,
public district, redevelopment agency, or other political subdivision
from requiring information or analysis of the bicycle transportation
plan under consideration, or imposing conditions of approval for
that plan, under laws and regulations other than this division and
Division 13 (commencing with Section 21000).
SECTION 1. Division 13.6 (commencing with
Section 21200) is added to the Public Resources Code, to read:
DIVISION 13.6. California Environmental Standards Act
21200. (a) The Legislature finds and declares that environmental
and health and safety standards established by relevant statutes and
the regulations, plans, policies, and permitting programs
promulgated, adopted, or issued pursuant to those statutes address
potential impacts associated with a wide variety of projects within
the state, including, but not limited to, renewable energy projects,
clean technology projects, infill projects, transportation projects,
and public port projects.
(b) Findings adopted by a public agency pursuant to Section 21081
shall disclose environmental standards established by relevant
statutes and the regulations, plans, policies, and permitting
programs promulgated, adopted, or issued pursuant to those statutes
that are applicable to the project the public agency is proposing to
carry out or approve.
(c) For the purposes of this section, "relevant statutes" means
any of the following:
(1) Sections 17213 and 17213.1 of the Education Code.
(2) Subdivisions (b) and (c) of Section 7050.5 of the Health and
Safety Code.
(3) Chapter 2 (commencing with Section 17920) of Part 1.5 of
Division 13 of the Health and Safety Code.
(4) Chapter 6.5 (commencing with Section 25100) of Division 20 of
the Health and Safety Code.
(5) Section 25356.1.5 of the Health and Safety Code.
(6) Section 25395.94 of the Health and Safety Code.
(7) Chapter 6.95 (commencing with Section 25500) of Division 20 of
the Health and Safety Code.
(8) The California Global Warming Solutions Act of 2006 (Division
25.5 (commencing with Section 38500) of the Health and Safety Code).
(9) Division 26 (commencing with Section 39000) of the Health and
Safety Code.
(10) Sections 355 and 356 of the Fish and Game Code.
(11) The Oak Woodlands Conservation Act (Article 3.5 (commencing
with Section 1360) of Chapter 4 of Division 2 of the Fish and Game
Code).
(12) Section 1602 of the Fish and Game Code.
(13) The California Endangered Species Act (Chapter 1.5
(commencing with Section 2050) of Division 3 of the Fish and Game
Code).
(14) Division 4 (commencing with Section 3000) of the Fish and
Game Code.
(15) Division 5 (commencing with Section 5000) of the Fish and
Game Code.
(16) Division 6 (commencing with Section 5500) of the Fish and
Game Code.
(17) The federal Endangered Species Act of 1973 (16 U.S.C. Sec.
1531 et seq.).
(18) The federal Migratory Bird Treaty Act (16 U.S.C. Sec. 703 et
seq.).
(19) The federal Bald and Golden Eagle Protection Act (16 U.S.C.
Sec. 668 et seq.).
(20) The Elder California Pipeline Safety Act of 1981 (Chapter 5.5
(commencing with Section 51010) of Part 1 of Division 1 of Title 5
of the Government Code).
(21) Chapter 2.5 (commencing with Section 65080) of Division 1 of
Title 7 of the Government Code.
(22) Chapter 4.9 (commencing with Section 65995) of Division 1 of
Title 7 of the Government Code.
(23) Section 66477 of the Government Code.
(24) The Natural Gas Pipeline Safety Act of 2011 (Article 4.5
(commencing with Section 955) of Chapter 4 of Part 1 of Division 1 of
the Public Utilities Code).
(25) The Alquist-Priolo Earthquake Fault Zoning Act (Chapter 7.5
(commencing with Section 2621) of Division 1 of the Public Resources
Code).
(26) The Seismic Hazards Mapping Act of 1990 (Chapter 7.8
(commencing with Section 2690) of Division 1 of the Public Resources
Code).
(27) The California Integrated Waste Management Act of 1989
(Division 30 (commencing with Section 40000) of the Public Resources
Code).
(28) The Stormwater Resource Planning Act (Part 2.3 (commencing
with Section 15060) of Division 6 of the Water Code).
(29) Part 2.10 (commencing with Section 10910) of Division 6 of
the Water Code.
(30) The Porter-Cologne Water Quality Control Act (Division 7
(commencing with Section 13000) of the Water Code).
(31) Section 1344 of Chapter 33 of the United States Code.
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.
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CORRECTIONS Text--Pages 3, 5, 7, 8, 9, 10, 11, 12, and 13.
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