BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2245
                                                                  Page 1


          ASSEMBLY THIRD READING
          AB 2245 (Smyth)
          As Amended  May 15, 2012
          Majority vote 

           NATURAL RESOURCES   8-0                                         
           
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          |Ayes:|Chesbro, Knight, Lara,    |     |                          |
          |     |Dickinson, Grove,         |     |                          |
          |     |Halderman, Huffman,       |     |                          |
          |     |Skinner                   |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
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           SUMMARY  :  Exempts from the California Environmental Quality Act 
          (CEQA) a project for Class II bikeways, as defined, undertaken 
          by a city or county within an existing road right-of-way.  
          Specifically,  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.

          3)Requires the city or county to assess traffic and safety 
            impacts and hold a public hearing to review those impacts.

          4)Sunsets January 1, 2017.

           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).









                                                                  AB 2245
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           FISCAL EFFECT  :  Unknown.  This bill is keyed non-fiscal by the 
          Legislative Counsel.

           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 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 








                                                                  AB 2245
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               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.

           
          Analysis Prepared by  :    Lawrence Lingbloom / NAT. RES. / (916) 
          319-2092 


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