BILL NUMBER: AB 2245 AMENDED
BILL TEXT
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 21080.38
21080.20. 5 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.
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, 2017
2018 , additionally exempt a Class
II bikeway project, as defined for purposes of the Streets and
Highways Code, undertaken by a city, county, or 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.
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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
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.
SECTION 1. Section 21080.38 is added to the
Public Resources Code, to read:
21080.38. (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.