BILL ANALYSIS AB 594 Page 1 Date of Hearing: April 7, 2003 ASSEMBLY COMMITTEE ON NATURAL RESOURCES Hannah-Beth Jackson, Chair AB 594 (Leno) - As Amended: March 24, 2003 SUBJECT : California Environmental Quality Act: bicycle lanes. SUMMARY : This bill exempts from the California Environmental Quality Act (CEQA) (Public Resources Code section 21000, et seq.) a project that consists of restriping an existing paved right-of-way for bicycle lanes, provided that it satisfy several conditions. EXISTING LAW : 1)Requires a lead agency to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) 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 (ND) if it finds that the project will not have that effect. 2)Requires the Office of Planning and Research (OPR) to prepare and develop guidelines for the implementation of CEQA by public agencies, and requires those guidelines to include a list of classes of projects that have been determined not to have a significant effect on the environment. 3)Includes in that list projects known as "Class 4" projects that consist of minor public or private alterations in the condition of land, water, and vegetation that do not involve the removal of healthy, mature, or scenic trees, except as specified, and specifically includes the creation of a bicycle lane on an existing right-of-way as an example of a "Class 4" project. FISCAL EFFECT : Unknown. COMMENTS : According to the author's office, the CEQA categorical exemption that applies to bicycle lanes is meant to prevent unnecessary environmental reviews as well as the costs associated with them. The author's office states that the exemption is inadequate, AB 594 Page 2 however, because opponents of bike lanes challenge the exemption, forcing local jurisdictions to pay for unnecessary reviews. Moreover, the author's office asserts that this bill makes the exemption clear to local jurisdictions throughout the state and save money for cities. According to the author's office, local jurisdictions have been forced to pay for unnecessary reviews when restriping bicycle lanes with the EIR's often costing more than the creation of the restriping of the lanes. The author's office provides the example of when the City of Oakland was forced to pay $250,000 for an EIR prior to restriping Telegraph Avenue when the cost of restriping was only $145,000. The author's office state that the City of Sacramento has been studying such projects for its central city streets for over five years. The author's office further asserts that many similar projects with community support are being delayed or are never even getting off the ground because local governments fear that costly environmental reviews will render them unaffordable. The author's office also cites an example in San Leandro where Bancroft Avenue was restriped from 4 traffic lanes to 3 plus 2 traffic lanes -- including a center turn lane and bike lanes. The road became safer for motorists, pedestrians and bicyclists, with minimal impact to automobile traffic flow. The author's office believes that this type of project deserves a statutory exemption from CEQA. In terms of CEQA exemptions, the Committee has always applied strict scrutiny in deciding whether such a law should stand in light of the familiar principle that CEQA exemptions end run environmental review. For example, last session, the Committee held AB 2707 (La Suer and Bogh). However, this bill differs from AB 2707, which sought a wholesale exemption from CEQA for any project that creates a bicycle lane by reducing the number of vehicle lanes on an existing roadway. Moreover, the authors of AB 2707 refused to accept Committee amendments, which would have restricted its broad scope and sweeping approach. While this bill does seek an exemption from CEQA for a project that consists of restriping an existing paved right-of-way for bicycle lane, it, unlike AB 2707, provides the exemption only if it meets 10 specified criteria. For example, the project must be consistent with an applicable general plan, including, but not limited to, the transportation element of the general plan, specific plan, or local coastal program, and the mitigation AB 594 Page 3 measures required by the plan or program, and the project must not be exposed to a landslide hazard or located within a flood plain, flood way, or restriction zone, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a landslide or flood. The eight other criteria are similar in scope and intent. REGISTERED SUPPORT / OPPOSITION : Support California Bicycle Coalition (sponsor) San Francisco Bicycle Coalition Sierra Club California Walk Sacramento 1 individual Opposition None on file Analysis Prepared by : Aristotle E. Evia / NAT. RES. / (916) 319-2092