California Assembly Bill AB2245 Amended / Bill

 BILL NUMBER: AB 2245AMENDED 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.