Official Summary Text
AB 1139, Rogers.
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. 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 exempts from its requirements a change in use approved by a lead agency that is a park district or the Great Redwood Trail Agency to allow
public access to preexisting paved and natural surface roads, preexisting trails, preexisting pathways, preexisting disturbed areas for vehicle parking, as specified, and rail lines converted by the Great Redwood Trail Agency into trails known as the Great Redwood Trail, in areas used exclusively for nonmotorized recreation, if certain conditions are met, including that the change in use is consistent with a plan adopted by the park district or the Great Redwood Trail Agency, as applicable, and does not involve a physical alteration of the affected area. Existing law requires, before making a determination to approve or carry out a change in use that is determined to be exempt from CEQA, the lead agency to, among other things, make a finding that the above-described criteria are met. Existing law requires the lead
agency, if the lead agency determines that a change in use is not subject to CEQA pursuant to this exemption and determines to approve or carry out the activity, to file a notice with the State Clearinghouse in the Office of Land Use and Climate Innovation and with the county clerk of the county in which the land is located, as provided.
This bill would extend the above exemption to a lead agency that is a county park agency. The bill would remove the condition that the change in use is consistent with a plan adopted by the park district or the Great Redwood Trail Agency, as applicable, and would instead require the lead agency, before making the exemption determination, to adopt a natural resource management plan, or equivalent document, that includes appropriate identification of resources and management strategies for the affected area, as specified. The bill would instead require,
as a condition of this exemption, that the change in use only involves minimal physical alterations and minimal improvements to the affected area, as specified. The bill would require the lead agency to make an additional finding that there is sufficient funding to implement the natural resource management plan, or equivalent document, and would require the finding, as well as the finding that the above-described criteria are met, to be based on substantial evidence. The bill would provide that its provisions do not apply where it is reasonably foreseeable that the provision of public access within a park or open space area will have a significant or cumulatively considerable effect on the environment. By imposing duties on public agencies related to the exemption, this bill would create a state-mandated local program.
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.