BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2245| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 2245 Author: Smyth (R) Amended: 8/7/12 in Senate Vote: 21 SENATE ENVIRONMENTAL QUALITY COMMITTEE : 7-0, 7/2/12 AYES: Simitian, Strickland, Blakeslee, Hancock, Kehoe, Lowenthal, Pavley SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 73-0, 5/21/12 - See last page for vote SUBJECT : Environmental quality: bikeways SOURCE : Author DIGEST : This bill exempts from the California Environmental Quality Act (CEQA) a project that consists of restriping of streets and highways for bicycle lanes in an urbanized area that is consistent with a city of county bicycle transportation plan. Prior to determining that a project is exempt the lead agency is to prepare an assessment of any traffic and safety impacts of the project, and to mitigate potential vehicular traffic impacts and bicycle and pedestrian safety impacts and hold hearings in areas affected by the project to hear and respond to public comments and the hearings be published in a newspaper of general circulation in the area affected by the proposed project. Whenever an agency determines that a CONTINUED AB 2245 Page 2 project is not subject to CEQA pursuant to the bill and it determines to approve or carry out that project, the notice is to be filed with the Office of Planning and Research (OPR) and if a local agency so determines the notice is to be filed with OPR, and filed with the county clerk which the project is located. Sunsets January 1, 2018. ANALYSIS : Existing law requires lead agencies with the principal responsibility for carrying out or approving a proposed project to prepare a negative declaration, mitigated negative declaration, or environmental impact report (EIR) for this action, unless the project is exempt from CEQA (CEQA includes various statutory exemptions, as well as categorical exemptions in the CEQA guidelines). Comments CEQA provides a process for evaluating the environmental effects of applicable projects undertaken or approved by public agencies. If a project is not exempt from CEQA, an initial study is prepared to determine whether the project may have a significant effect on the environment. If the initial study shows that there would not be a significant effect on the environment, the lead agency must prepare a negative declaration. If the initial study shows that the project may have a significant effect on the environment, the lead agency must prepare an EIR. Generally, an EIR must accurately describe the proposed project, identify and analyze each significant environmental impact expected to result from the proposed project, identify mitigation measures to reduce those impacts to the extent feasible, and evaluate a range of reasonable alternatives to the proposed project. Prior to approving any project that has received environmental review an agency must make certain findings. If mitigation measures are required or incorporated into a project, the agency must adopt a reporting or monitoring program to ensure compliance with those measures. According to the author: Current law requires transportation projects to undergo rigorous environmental review - this currently extends CONTINUED AB 2245 Page 3 to the re-striping of a road that has already undergone CEQA review. As gas prices continue to escalate and we ramp up efforts to curb emissions, it is incumbent upon the state to encourage the development of more bike-able communities. AB 2245 will achieve this by exempting Class II bike lanes, those created by restriping existing roadways, from CEQA. The County of Los Angeles just recently approved an ambitious plan to add 832 miles of new bikeways. Many of these will be of the Class II variety where simple restriping is all that is need to connect communities for non-motorized travel. Class I and III bikeways where new paths are being constructed through the environment will not be exempted under this bill, requiring those to continue to undergo CEQA review. Existing law appears to contain alternatives to preparation of an EIR for bike lane projects. First, there is a statutory exemption for "a project for restriping of streets or highways to relieve traffic congestion" (Public Resources Code Section 21080.19). Second, the CEQA Guidelines provide two possible categorical exemptions: (1) work on existing facilities where there is negligible expansion of an existing use, specifically including "(e)xisting highways and streets, sidewalks, gutters, bicycle and pedestrian trails (emphasis added), and similar facilities" (Section 15301(c), CEQA Guidelines); and, (2) minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes, specifically including the creation of bicycle lanes on existing rights-of-way. (emphasis added) (Section 15304(h), CEQA Guidelines). Finally, if the project is not exempt from CEQA, but the initial study shows that it would not result in a significant effect on the environment, the lead agency must prepare a negative declaration, and no EIR is required. Related Legislation AB 890 (Olsen) exempts certain roadway improvement projects, and AB 1665 (Galgiani) exempts from CEQA the closure of a railroad grade crossing by order of the Public Utilities Commission if the PUC finds the crossing to CONTINUED AB 2245 Page 4 present a public safety threat. SB 1380 (Rubio) provides an exemption for a bikeway plan for an urbanized area consisting of restriping existing streets and highways, bicycle parking and storage, signal timing to improve street and highway intersection operations, bicycle parking and storage, and related storage if certain requirements are met (e.g., noticed public hearings, measures to mitigate bike and pedestrian safety impacts); sunsets January 1, 2018, so that the exemption can be evaluated and any unanticipated consequences considered; and requires a notice of exemption for a plan to be filed with the Office of Planning and Research (OPR) to assist in this evaluation. SB 1380 was approved by the Senate Environmental Quality Committee April 30, 2012 (6-0), and the Senate May 29, 2012 (36-2). FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Unable to reverify at time of writing) American Council of Engineering Companies of California Automobile Club of Southern California California Chamber of Commerce California Park and Recreation Society Los Angeles County Metropolitan Transportation Authority Regional Counties of Rural Counties State Park Partners Coalition OPPOSITION : (Unable to reverify at time of writing) United Transportation Union ARGUMENTS IN SUPPORT : According to the Automobile Club of Southern California in supporting AB 2245, "The encouragement of greater bicycling as a viable mode of transportation through the provision of these facilities should provide a net environmental benefit." The California Chamber of Commerce supports this bill as a job creator through maximizing state funding and promoting tourism by exempting bikeways from the CEQA Process. This bill, until January 1, 2018, exempts bikeway projects, CONTINUED AB 2245 Page 5 within an existing road right-of-way from the CEQA Process, therefore maximizing state transportation funding. Streamlining CEQA provides certainty for businesses when entering into project agreements and allows projects to be completed without delay. Additional bikeways will promote tourism and benefit the residents of the area where the project will take place. ARGUMENTS IN OPPOSITION : According to the United Transportation Union in opposing this bill, "The addition of Class II bikeway projects, undertaken by a city, county, or a city and county within an existing right-of-way, to the exemptions of current CEQA requirements, creates an unsafe condition for all motorists and bike riders in California." ASSEMBLY FLOOR : 73-0, 5/21/12 AYES: Achadjian, Alejo, Allen, Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Garrick, Gatto, Gorell, Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, V. Manuel Pérez, Portantino, Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, John A. Pérez NO VOTE RECORDED: Ammiano, Cedillo, Fletcher, Gordon, Roger Hernández, Monning, Perea DLW:k 8/15/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED AB 2245 Page 6 CONTINUED