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
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          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
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          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