BILL ANALYSIS Ó
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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
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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
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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
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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,
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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
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