BILL NUMBER: SB 1380	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 3, 2012
	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  amend, repeal, and add Section 21152.1 of, and to
 add  Division 13.6 (commencing with Section 21200) to
the Public Resources Code, relating to environmental quality
  and repeal Section 21080.20 of, 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 the Office of Planning and Research (OPR)
in the Governor's office. Existing law requires the OPR to assist
with, among other things, the orderly preparation of programs of
transportation.  
   Existing law requires 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 OPR.  
   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 or person who 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 the OPR.  
   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.    Section 21080.20 is added to the 
 Public Resources Code   , to read:  
   21080.20.  (a) This division does not apply to a bicycle
transportation plan prepared pursuant to Section 891.2 of the Streets
and Highways Code for an urbanized area for restriping of streets
and highways, bicycle parking and storage, signal timing to improve
street and highway intersection operations, and related signage for
bicycles, pedestrians, and vehicles.
   (b) Prior to determining that a project is exempt pursuant to this
section, the lead agency shall do both of the following:
   (1) Hold noticed public hearings in areas affected by the bicycle
transportation plan to hear and respond to public comments.
Publication of the notice shall be no fewer times than required by
Section 6061 of the Government Code, by the public agency in a
newspaper of general circulation in the area affected by the proposed
project. If more than one area will be affected, the notice shall be
published in the newspaper of largest circulation from among the
newspapers of general circulation in those areas.
   (2) Include measures in the bicycle transportation plan to
mitigate potential bicycle and pedestrian safety impacts.
   (c) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date. 
   SEC. 2.    Section 21152.1 of the   Public
Resources Code   is amended to read: 
   21152.1.  (a) When a local agency determines that a project is not
subject to this division pursuant to Section  21080.20, 
21159.22, 21159.23, or 21159.24, and it approves or determines to
carry out that project, the local agency or the person specified in
subdivision (b) or (c) of Section 21065, shall file notice of the
determination with the Office of Planning and Research.
   (b) All notices filed pursuant to this section shall be available
for public inspection, and a list of these notices shall be posted on
a weekly basis in the Office of Planning and Research. Each list
shall remain posted for a period of 30 days.
   (c) Failure to file the notice required by this section does not
affect the validity of a project.
   (d) Nothing in this section affects the time limitations contained
in Section 21167. 
   (e) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date. 
   SEC. 3.    Section 21152.1 is added to the  
Public Resources Code   , to read:  
   21152.1.  (a) When a local agency determines that a project is not
subject to this division pursuant to Section 21159.22, 21159.23, or
21159.24, and it approves or determines to carry out that project,
the local agency or the person specified in subdivision (b) or (c) of
Section 21065 shall file notice of the determination with the Office
of Planning and Research.
   (b) All notices filed pursuant to this section shall be available
for public inspection, and a list of these notices shall be posted on
a weekly basis in the Office of Planning and Research. Each list
shall remain posted for a period of 30 days.
   (c) Failure to file the notice required by this section does not
affect the validity of a project.
   (d) Nothing in this section affects the time limitations contained
in Section 21167.
   (e) This section shall become operative on January 1, 2018. 
All matter omitted in this version of the bill appears in the bill as
amended in the Senate, April 10, 2012. (JR11)