BILL NUMBER: AB 2245	AMENDED
	BILL TEXT

	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 21080.38  to
  of  the Public Resources Code, relating to
environmental quality.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2245, as amended, Smyth. Environmental quality: California
Environmental Quality Act: exemption: bikeways.
   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.
   This bill would  ,   until January 1, 2017, 
additionally exempt a Class II bikeway project, as defined for
purposes of the Streets and Highways Code, undertaken by a city,
county, or  a  city and county within an existing
road right-of-way.  For a Class II bikeway project that is
determined to be exempted from CEQA under this provision, the bill
would require a city, county, or city and county to prepare an
assessment of traffic and safety impacts and to hold a public hearing
to review those impacts, and receive and respond to public comments.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 21080.38 is added to the Public Resources Code,
to read:
   21080.38.   This   (a)    
Except as provided in subdivision (b), this  division does not
apply to a project for Class II bikeways, as specified in subdivision
(b) of Section 890.4 of the Streets and Highways Code, undertaken by
a city or county within an existing road right-of-way. 
   (b) If a city or county determines that a Class II bikeway project
is exempt pursuant to this section, the city or county shall prepare
an assessment of any traffic and safety impacts of the project and
hold a public hearing to review those impacts and hear and respond to
public comments.  
   (c) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.