BILL NUMBER: AB 779	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 1, 2015
	AMENDED IN ASSEMBLY  APRIL 14, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Cristina Garcia

                        FEBRUARY 25, 2015

   An act to amend Section 21099 of the Public Resources Code,
relating to environmental quality.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 779, as amended, Cristina Garcia. Environmental quality:
transit priority areas.
   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 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 Office of Planning and Research to prepare and
develop, and the Secretary of the Natural Resources Agency to certify
and adopt, proposed revisions to the guidelines for the
implementation of CEQA to establish criteria for determining the
significance of transportation impacts of projects within transit
priority areas that, among other things, promote the reduction of
greenhouse gas emissions.
   This bill would  provide that the revised guidelines shall
not be effective before July 1, 2017.   authorize the
Office of Planning and Research to determine that transportation
impacts for residential and mixed-use projects in transit priority
areas do not meet the threshold of significance. 
   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 21099 of the Public Resources Code is amended
to read:
   21099.  (a) For purposes of this section, the following terms mean
the following:
   (1) "Employment center project" means a project located on
property zoned for commercial uses with a floor area ratio of no less
than 0.75 and that is located within a transit priority area.
   (2) "Floor area ratio" means the ratio of gross building area of
the development, excluding structured parking areas, proposed for the
project divided by the net lot area.
   (3) "Gross building area" means the sum of all finished areas of
all floors of a building included within the outside faces of its
exterior walls.
   (4) "Infill site" means a lot located within an urban area that
has been previously developed, or on a vacant site where at least 75
percent of the perimeter of the site adjoins, or is separated only by
an improved public right-of-way from, parcels that are developed
with qualified urban uses.
   (5) "Lot" means all parcels utilized by the project.
   (6) "Net lot area" means the area of a lot, excluding publicly
dedicated land and private streets that meet local standards, and
other public use areas as determined by the local land use authority.

   (7) "Transit priority area" means an area within one-half mile of
a major transit stop that is existing or planned, if the planned stop
is scheduled to be completed within the planning horizon included in
a Transportation Improvement Program adopted pursuant to Section
450.216 or 450.322 of Title 23 of the Code of Federal Regulations.
   (b) (1) The Office of Planning and Research shall prepare,
develop, and transmit to the Secretary of the Natural Resources
Agency for certification and adoption proposed revisions to the
guidelines adopted pursuant to Section 21083 establishing criteria
for determining the significance of transportation impacts of
projects within transit priority areas. Those criteria shall promote
the reduction of greenhouse gas emissions, the development of
multimodal transportation networks, and a diversity of land uses. In
developing the criteria, the office shall recommend potential metrics
to measure transportation impacts that may include, but are not
limited to, vehicle miles traveled, vehicle miles traveled per
capita, automobile trip generation rates, or automobile trips
generated. The office may also establish criteria for models used to
analyze transportation impacts to ensure the models are accurate,
reliable, and consistent with the intent of this section. 
   (2) The Office of Planning and Research may determine that
transportation impacts, including as measured by vehicle miles
traveled, for residential and mixed-use projects in transit priority
areas do not meet the threshold of significance.  
   (2) 
    (3)  Upon certification of the guidelines by the
Secretary of the Natural Resources Agency pursuant to this section,
automobile delay, as described solely by level of service or similar
measures of vehicular capacity or traffic congestion shall not be
considered a significant impact on the environment pursuant to this
division, except in locations specifically identified in the
guidelines, if any. 
   (3) 
    (4)  This subdivision does not relieve a public agency
of the requirement to analyze a project's potentially significant
transportation impacts related to air quality, noise, safety, or any
other impact associated with transportation. The methodology
established by these guidelines shall not create a presumption that a
project will not result in significant impacts related to air
quality, noise, safety, or any other impact associated with
transportation. Notwithstanding the foregoing, the adequacy of
parking for a project shall not support a finding of significance
pursuant to this section. 
   (4) 
    (5)  This subdivision does not preclude the application
of local general plan policies, zoning codes, conditions of approval,
thresholds, or any other planning requirements pursuant to the
police power or any other authority. 
   (5) The revised guidelines adopted pursuant to paragraph (1) shall
not be effective before July 1, 2017. 
   (c)  (1) The Office of Planning and Research may adopt guidelines
pursuant to Section 21083 establishing alternative metrics to the
metrics used for traffic levels of service for transportation impacts
outside transit priority areas. The alternative metrics may include
the retention of traffic levels of service, where appropriate and as
determined by the office.
   (2) This subdivision shall not affect the standard of review that
would apply to the new guidelines adopted pursuant to this section.
   (d) (1) Aesthetic and parking impacts of a residential, mixed-use
residential, or employment center project on an infill site within a
transit priority area shall not be considered significant impacts on
the environment.
   (2) (A) This subdivision does not affect, change, or modify the
authority of a lead agency to consider aesthetic impacts pursuant to
local design review ordinances or other discretionary powers provided
by other laws or policies.
   (B) For the purposes of this subdivision, aesthetic impacts do not
include impacts on historical or cultural resources.
   (e) This section does not affect the authority of a public agency
to establish or adopt thresholds of significance that are more
protective of the environment.