BILL NUMBER: AB 779	AMENDED
	BILL TEXT

	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. 
   (1) The 
    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 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  instead provide that the transportation
impact related to greenhouse gas emissions of a project located
within a transit priority area is not a significant impact on the
environment.   provide that the revised guidelines shall
not be effective before July 1, 2017.  
   (2) CEQA provides that aesthetic and parking impacts of certain
projects on an infill site within a transit priority area are not
considered to be significant impacts on the environment. 

   This bill would additionally provide that an automobile delay
impact, as described solely by the level of service or a similar
measure of vehicular capacity or traffic congestion, is not a
significant impact on the environment for those projects. 
   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) 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) 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) 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) On or before July 1, 2014, the Office of Planning and Research
shall circulate a draft revision prepared pursuant to paragraph (1).
 
   (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. 
  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 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) For a project located in a transit priority area, the
transportation impact related to greenhouse gas emissions shall not
be considered a significant impact on the environment.
   (2) This subdivision does not relieve a public agency of the
requirement to analyze a project's potentially significant
transportation impacts related to other air quality, noise, or
safety, or any other nongreenhouse gas emissions related impact
associated with transportation.
   (3) 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.
   (c) Pursuant to Section 21083, the Office of Planning and Research
may prepare and the Secretary of the Natural Resources Agency may
adopt revisions to the guidelines 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.
   (d) (1) Automobile delay, as described solely by level of service
or similar measure of vehicular capacity or traffic congestion,
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.