BILL ANALYSIS Ó AB 2245 Page 1 ASSEMBLY THIRD READING AB 2245 (Smyth) As Amended May 15, 2012 Majority vote NATURAL RESOURCES 8-0 ----------------------------------------------------------------- |Ayes:|Chesbro, Knight, Lara, | | | | |Dickinson, Grove, | | | | |Halderman, Huffman, | | | | |Skinner | | | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- 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 Page 2 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 Page 3 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 FN: 0003647