Bill Text: CA AB2091 | 2023-2024 | Regular Session | Amended
Bill Title: California Environmental Quality Act: exemption: public access: nonmotorized recreation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-05-09 - In Senate. Read first time. To Com. on RLS. for assignment. [AB2091 Detail]
Download: California-2023-AB2091-Amended.html
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Amended
IN
Assembly
March 21, 2024 |
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Amended
IN
Assembly
February 28, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2091
| Introduced by Assembly Member Grayson |
February 05, 2024 |
An act to add and repeal Section 21080.28.5 of the Public Resources Code, relating to environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
AB 2091, as amended, Grayson.
California Environmental Quality Act: exemption: public access: nonmotorized recreation.
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.
This bill would exempt from CEQA a change in use approved by a public agency to allow public access, as provided, exclusively for nonmotorized recreation, as defined, in areas acquired
or managed by a public agency for open space or park purposes. The bill would require the lead agency, if the lead agency determines that an activity is not subject to CEQA pursuant to this provision and determines to approve or carry out the activity, to file a notice with the State Clearinghouse in the Office of Planning and Research and with the county clerk of the county in which the land is located, as provided. By imposing duties on public agencies related to the exemption, this bill would create a state-mandated local program. The bill would repeal these provisions on January 1, 2030.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a
specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
It is the intent of the Legislature in enacting this act to clarify the timing of the environmental review required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) where a public agency is involved in creating public access within open space and only when there is no physical alteration to the area affected. This act is not intended to otherwise alter the applicability of the California Environmental Quality Act to an action that may cause a physical change in the environment.
SEC. 2.SECTION 1.
Section 21080.28.5 is added to the Public Resources Code, to read:21080.28.5.
(a)(b) This division shall not apply to a change in use approved by a public agency to allow public access exclusively for nonmotorized recreation in areas acquired or managed by a public agency for open space or park purposes. This includes purposes where public access on
is limited to
the following:
(1) Preexisting paved and natural surface roads.
(2) Preexisting trails.
(3) Preexisting pathways.
(4) Use of disturbed areas for vehicle parking, such as driveways, involving no new paving or grading, as access points for park and open space.
(b)For purposes of this section, a change
in use to allow public access on preexisting roads, trails, and pathways and disturbed areas is not a physical change in the environment requiring environmental review. Subdivision (a) applies even if physical changes to the environment requiring future environmental review are reasonably foreseeable consequences of the change in use to allow public access for nonmotorized recreation.
(c) If the lead agency determines that an activity is not subject to this division pursuant to this section, and the lead agency determines to approve or carry out the activity, the lead agency shall file a notice with the State Clearinghouse in the Office of Planning and Research and with the county clerk of the county in which the land is located pursuant to subdivisions (b), (c), and (d) of Section
21152.
(d) For purposes of this section, the following definitions apply:
(1) “Public access” means allowing visitors on public agency-managed park and open space. space in a manner that is consistent with the underlying conservation or park purposes for those lands, and is not likely to result in significant impacts to endangered, threatened, rare, or special status plant or animal species, or to tribal cultural resources.
(2) “Nonmotorized recreation” means low-impact recreational activities, including, but not limited to,
including hiking, walking, bike riding, equestrian use, and nature viewing.
(e) Nothing in this section affects any land covenants, such as grant agreements, conservation easements, or deed restrictions, or a long-term management plan or habitat conservation plan, or alters any conditions of acquisition.
(e)
(f) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
