BILL NUMBER: AB 2245	CHAPTERED
	BILL TEXT

	CHAPTER  680
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2012
	PASSED THE SENATE  AUGUST 21, 2012
	PASSED THE ASSEMBLY  AUGUST 24, 2012
	AMENDED IN SENATE  AUGUST 7, 2012
	AMENDED IN ASSEMBLY  MAY 15, 2012
	AMENDED IN ASSEMBLY  MARCH 15, 2012

INTRODUCED BY   Assembly Member Smyth

                        FEBRUARY 24, 2012

   An act to add and repeal Section 21080.20.5 of the Public
Resources Code, relating to environmental quality.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2245, Smyth. Environmental quality: California Environmental
Quality Act: exemption: bicycle lanes.
    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 specified projects and
activities.
   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 authorizes a lead 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 if the lead agency is a state agency
or with the county clerk in which the project is located if the lead
agency is a local agency.
   This bill would, until January 1, 2018, exempt from CEQA the
restriping of streets and highways for bicycle lanes in an urbanized
area that is consistent with a prepared bicycle transportation plan.
A lead agency would be required to take specified actions with regard
to making an assessment of traffic and safety impact and holding
hearings before determining a project is exempt. The bill would
require a state agency, that determines that a project is exempt
under this provision, and approves or determines to carry out that
project, to file a notice of the determination with OPR. The bill
would require a local agency, that determines that a project is
exempt under this provision, and approves or determines to carry out
that project, to file a notice of determination with OPR and the
county clerk in the county in which the project is located.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21080.20.5 is added to the Public Resources
Code, to read:
   21080.20.5.  (a) This division does not apply to a project that
consists of the restriping of streets and highways for bicycle lanes
in an urbanized area that is consistent with a bicycle transportation
plan prepared pursuant to Section 891.2 of the Streets and Highways
Code.
   (b) Prior to determining that a project is exempt pursuant to this
section, the lead agency shall do both of the following:
   (1) Prepare an assessment of any traffic and safety impacts of the
project and include measures in the project to mitigate potential
vehicular traffic impacts and bicycle and pedestrian safety impacts.
   (2) Hold noticed public hearings in areas affected by the project
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.
   (c) (1) Whenever a state 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 in the manner specified in
subdivisions (b) and (c) of Section 21108.
   (2) 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 filed with the county clerk
in the county in which the project is located in the manner specified
in subdivisions (b) and (c) of Section 21152.
   (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.