BILL NUMBER: SB 1380 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 10, 2012
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: California
Environmental Quality Act: bicycle transportation plan.
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 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.
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. 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 to do all of the following:
(1) Increase To 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 To 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 To promote the creation
of bicycle safety and education programs.
(4) Provide To provide affordable
transportation alternatives.
(5) Create To 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
(hereafter CEQA) in 1970 in recognition that the
maintenance of a quality environment for the people of this state is
a matter of statewide concern.
(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 federal Acid Precipitation Act of 1980
(42 U.S.C. Secs. Sec. 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), and the California Air
Pollution Control Law, and air pollution control laws
including the Air Toxics "Hot Spot" Information and Assessment
Law Act of 1987 (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 of
1991 (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 of 1973 (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
Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. Sec. 4701 et seq.), the
California Endangered Species Act of 1990 (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 of 2007 (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 Division 26 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 of 1980 (42
U.S.C. Sec. 9601 et seq.), the federal Resource Conservation and
Recovery Act of 1976 (42 U.S.C. Sec. 6901 et seq.), the
federal Emergency Planning and Community Right to Know
Right-to-Know Act of 1986 (42 U.S.C.
Sec. 11001 et seq.), the federal Pollution Prevention Act of
1990 (42 U.S.C. Sec. 13101 et seq.), the federal Oil Pollution
Act of 1990 (33 U.S.C. Sec. 2701 et seq.), the
federal 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 of 1986 (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 of 1988 (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 20 of the Health and Safety
Code, 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), 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 of 1972 (33
U.S.C. Sec. 1251 et seq.), the federal
National 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 Recycling 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 of 1972 (16 U.S.C.
Sec. 1451 et seq.), the federal Federal
Land Policy and Management Act of 1976 (43 U.S.C.
Sec. 1701 et seq.), the federal Forest and Rangeland Renewable
Resources Planning and Research Acts Act of
1974 (16 U.S.C. Secs. 1600 to 1614, incl., and 1641 to 1649,
incl.), the federal National 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 of 1976 (Division 20 (commencing
with Section 30000) of the Public Resources Code)
this code) , the Cortese-Knox Local Government
Reorganization Act of 2001 2000
(Division 3 (commencing with Section 56000) of Part 1 of Division 3
of Title 5 of the Government Code), the California Green
Buildings Building 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
and 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) this code)
, the California 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)) 18000) of this code) ,
the Fiberglass Recycled Content Act of 1991 (Division 12.9
(commencing with Section 19500)) 19500) of
this code) , the California Integrated Waste Management Act of
1989 (Division 30 (commencing with Section 40000))
4000 0) of this code) , 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 Safe ,
Accountable, Flexible, Efficient Transportation Equity Act
Act: A Legacy for Users (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 Section 65080), and Chapter 2.8
(commencing with Section 65088) of Division 1 of Title 7 of the
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 of
1965 (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
Code) , and subdivision (e) of Section 656302 of
the Government Code.
(12) Agriculture: the federal Soil and Water Conservation Act
of 1977 (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
corresponding regulations (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 of 1977 (30 U.S.C. Secs.
Sec. 1201 et seq.) and the California
Surface Mining and Reclamation Act of 1975 (Chapter 9
(commencing with Section 2710) of Division 2).
(14) Noise: the federal Noise Control Act of 1972
(43 U.S.C. Sec. 4901 et seq.), the federal
Aviation Safety and Noise Abatement of Aviation Noise
Act of 1979 (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) 2 of this code) , the
Seismic Hazards Mapping Act (Chapter 7.8 (commencing with Section
2690) of Division 2) 2 of this
code) , the California Building Code (Title 24 of the
California Code of Regulations), Chapter 12.2 (commencing with
Section 8875) of Division 1 of Title 2 of the Government
Code) 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 of this code) .
(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 43 .
(3) Recreational resources: Section 66477 of the Government Code
and the State Public Park Preservation Act of
1971 (Chapter 2.5 (commencing with Section 5400) of Division
5) 5 of this code) .
(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
humankind 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
from conditioning 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 to
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 purposes of this division, "implementing agency" means any
state agency, board, or commission, any county, city and county,
city, regional agency, public district, or other political
subdivision.
(c)
(d) 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
any 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)
(e) 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)
(f) (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)
(g) (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 prepared for purposes of
this division requires discloses a
requirement of compliance with an applicable environmental law
or any regulations, plans, permits, licenses, or authorization
application and approval processing procedures adopted by an
implementing agency as directed or authorized by the 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)
(h) 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).