BILL NUMBER: AB 594	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Leno

                        FEBRUARY 18, 2003

   An act to add Sections 21080.30 and 21080.31 to the Public
Resources Code, relating to environmental protection.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 594, as introduced, Leno.  California Environmental Quality
Act:  creation of bicycle lanes.
   The existing 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 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.
Existing law requires the Office of Planning and Research to prepare
and develop guidelines for the implementation of CEQA by public
agencies, and requires those guidelines to include a list of classes
of projects that have been determined not to have a significant
effect on the environment.  Existing regulations adopted by the
office include in that list projects known as "Class 4" projects that
consist of minor public or private alterations in the condition of
land, water, and vegetation that do not involve the removal of
healthy, mature, or scenic trees, except as specified, and
specifically include the creation of a bicycle lane on an existing
right-of-way as an example of a "Class 4" project.
   This bill would exempt from CEQA a project that creates a bicycle
lane upon an existing unimproved shoulder, by reducing the number of
vehicle lanes on an existing roadway, or by removing on-street
parking for motor vehicles.
   This bill would also exempt from CEQA a project that consists of
restriping an existing paved right-of-way for bicycle lanes, under
specified conditions.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 21080.30 is added to the Public Resources Code,
to read:
   21080.30.  This division does not apply to a project that creates
a bicycle lane in any of the following circumstances:
   (a) Upon an existing unimproved shoulder.
   (b) By reducing the number of vehicle lanes on an existing
roadway.
   (c) By removing on-street parking for motor vehicles.
  SEC. 2.  Section 21080.31 is added to the Public Resources Code, to
read:
   21080.31.  This division does not apply to a project consisting of
restriping an existing paved right-of-way for bicycle lanes provided
that all of the following conditions are met:
   (a) The project is consistent with an applicable general plan,
including, but not limited to, the transportation element of the
general plan, specific plan, or local coastal program, and the
mitigation measures required by the plan or program.
   (b) The director of public works of the local agency in which the
project is proposed to be located makes a written finding, supported
by substantial evidence, that the project will not create a
significant risk to either vehicle or pedestrian safety.
   (c) The project does not affect wetlands or wildlife habitat.  For
the purposes of this subdivision, "wetlands" has the same meaning as
in Section 328.3 of Title 33 of the Code of Federal Regulations and
"wildlife habitat" means the ecological communities upon which wild
animals, birds, plants, fish, amphibians, and invertebrates depend
for their conservation and protection.
   (d) The project does not harm a species protected by the federal
Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the
Native Plant Protection Act (Chapter 10 (commencing with Section
1900) of Division 2 of the Fish and Game Code), the California
Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of
Division 3 of the Fish and Game Code), or a species protected by a
local ordinance.
   (e) The site of the project is not included on a list of
facilities or sites compiled pursuant to Section 65962.5 of the
Government Code.
   (f) (1) The site of the project is subject to a preliminary
endangerment assessment prepared by a registered environmental
assessor to determine if there has been a release of a hazardous
substance on the site and whether there is a potential for exposure
to a significant health hazard from a surrounding property or
activity.
   (2) If a release of a hazardous substance is found to exist on the
site, the release is removed or the significant effects of the
release are mitigated to a level of insignificance in compliance with
state and federal requirements.
   (3) If a potential for exposure to a significant hazard from a
surrounding property or activity is found to exist, the effect of the
potential exposure shall be mitigated to a level of insignificance
in compliance with state and federal requirements.
   (g) The project does not have a significant effect on historical
resources.
   (h) The project will not create a risk of a public health exposure
at a level that would exceed the standards established by a state or
federal agency.
   (i) The project is not exposed to a landslide hazard or located
within a flood plain, flood way, or restriction zone, unless the
applicable general plan or zoning ordinance contains provisions to
mitigate the risk of a landslide or flood.
   (j) The project is not located within the boundaries of a state
conservancy or a state or local park.