BILL ANALYSIS Ó
AB 2245
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Date of Hearing: May 7, 2012
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 2245 (Smyth) - As Amended: March 15, 2012
SUBJECT : California Environmental Quality Act: exemption:
bikeways
SUMMARY : Exempts from CEQA a project for Class II bikeways, as
defined, undertaken by a city or county within an existing road
right-of-way.
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).
THIS BILL :
1)Exempts from CEQA a project for Class II bikeways undertaken
by a city or county within an existing road right-of-way.
2)Defines Class II bikeways by reference as facilities that
provide primarily for bicycle travel, such as a "bike lane,"
which provide a restricted right-of-way designated for the
exclusive or semi-exclusive use of bicycles with through
travel by motor vehicles or pedestrians prohibited, but with
vehicle parking and cross-flows by pedestrians and motorists
permitted.
FISCAL EFFECT : Non-fiscal
COMMENTS :
1)Background. 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
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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.
2)Need for the bill. According to the author:
Current law requires transportation projects to undergo
rigorous environmental review - this currently extends 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.
3)Are bike lane projects subject to environmental review now?
Existing law appears to contain alternatives to full-blown
CEQA review with 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" (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
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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.
It is reasonable to conclude that the creation of bike lanes
on existing streets is not likely to have extensive or
complicated environmental impacts. However, traffic impacts
may be a worthwhile consideration and to the extent a bike
lane project increases congestion, it could have a significant
effect on local air quality. If the committee determines that
a specific statutory exemption is warranted for bike lane
projects, the author and the committee may wish to consider
amending this bill to require the city or county to hold a
hearing to consider traffic and safety and adding a sunset to
the bill so the Legislature can review the application of the
new exemption in a few years.
REGISTERED SUPPORT / OPPOSITION :
Support
American Council of Engineering Companies of California
Automobile Club of Southern California
California Chamber of Commerce
California Park & Recreation Society
Los Angeles County Metropolitan Transportation Authority
Regional Counties of Rural Counties
State Park Partners Coalition
Opposition
United Transportation Union
Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916)
319-2092
AB 2245
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