BILL NUMBER: SB 1380	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 21, 2012
	AMENDED IN ASSEMBLY  AUGUST 7, 2012
	AMENDED IN SENATE  MAY 3, 2012
	AMENDED IN SENATE  APRIL 10, 2012
	AMENDED IN SENATE  MARCH 27, 2012

INTRODUCED BY   Senator Rubio
   (Principal coauthors: Assembly Members Chesbro and Perea)

                        FEBRUARY 24, 2012

   An act to  amend, repeal, and add Section 21152.1 of, and
to  add 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   authorizes  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   county clerk in the county in which the
project is located  .
   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  
that  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  and the county clerk  . This bill would
require OPR to post specified information on its Internet Web site,
as prescribed.
   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 21080.20 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 vehicular traffic impacts and bicycle and
pedestrian safety impacts. 
   (c) (1) Whenever a local agency determines that a project is not
subject to this division pursuant to this section, and it determines
to approve or carry out that project, the notice shall be filed with
the Office of Planning and Research and the county clerk in the
county in which the project is located in the manner specified in
subdivisions (b) and (c) of Section 21152.  
   (c) 
    (2)    The Office of Planning and Research
shall post on its Internet Web site each lead agency filing a notice
of determination pursuant to this section, as required pursuant to
Section 21152.1, a link to the Internet Web site for any plan that
was exempt pursuant to this section, and any action or proceeding
alleging noncompliance with this division for a plan that was exempt
pursuant to this section, the cause of the action, and the case
outcome.
   (d) 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.