BILL ANALYSIS Ó SENATE COMMITTEE ON TRANSPORTATION AND HOUSING Senator Jim Beall, Chair 2015 - 2016 Regular Bill No: AB 157 Hearing Date: 7/7/2015 ----------------------------------------------------------------- |Author: |Levine | |----------+------------------------------------------------------| |Version: |6/25/2015 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |Yes |Fiscal: |No | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Christine Hochmuth | |: | | ----------------------------------------------------------------- SUBJECT: Richmond-San Rafael Bridge DIGEST: This bill allows an environmental review to be completed concurrently with the design work for a project opening the third lane in each direction on the Richmond-San Rafael Bridge. ANALYSIS: Existing law: 1)Creates the Metropolitan Transportation Commission (MTC) as the transportation planning, coordinating, and financing agency for the nine-county San Francisco Bay Area. 2)Creates the Bay Area Toll Authority (BATA) to administer the base $1 auto toll for the San Francisco Bay Area's seven state-owned toll bridges. BATA operates under the same board that governs MTC; however, they are separate entities. In 2005, BATA's responsibilities were expanded to include administration of all toll revenues and joint oversight of the toll bridge construction program along with the California Department of Transportation (Caltrans) and the California Transportation Commission. 3)Requires state and local agencies, pursuant to the California Environmental Quality Act (CEQA), to identify significant environmental impacts of discretionary projects and to avoid or mitigate those impacts, if feasible. Lead agencies are AB 157 (Levine) Page 2 of ? required to prepare a negative declaration, mitigated negative declaration, or environmental impact report (EIR) for the project. This urgency bill: 1)Authorizes MTC and Caltrans to complete the design work at the same time as the environmental review for a project opening the third lane on the Richmond-San Rafael Bridge to automobile traffic on the eastbound level and to bicycle traffic on the west bound level. COMMENTS: Purpose. According to the author, this bill is necessary to reduce the amount of time to completion for the Richmond-San Rafael Bridge project and therefore significantly reduce commuter congestion. Background. When the Richmond-San Rafael Bridge originally opened in 1956 it served traffic in six 12-foot-wide lanes - three lanes in both the eastbound and westbound directions. In 1977, a then-underutilized third lane was closed to allow for a pipeline to transport water from the East Bay to Marin County. In 1978, the pipeline was removed and the third lane was restriped as an emergency shoulder. In 1989, following the Loma Prieta earthquake and the closure of the San Francisco Bay Bridge, the third lane on the Richmond-San Rafael Bridge was opened in both directions for one month to help ease traffic flow across the bay. CEQA challenges. Environmental studies and design work for projects are typically separated, but they needn't be. Lead agencies can choose to "design-at-risk," meaning that design work precedes environmental clearance, to shorten completion time of projects. This strategy is not unheard of; however, it can open the door to legal challenges under CEQA because it may appear that the EIR is biased and tailored to fit a pre-determined outcome, namely a finished design. The circumstances surrounding the Richmond-San Rafael Bridge project are different, as the newly proposed third traffic lane has been open to vehicles in the past, so a design can be based off this proven, previously functioning model. AB 157 (Levine) Page 3 of ? Necessity of the bill. In February, the BATA Oversight Committee approved a contract for the completion of final plans for the Richmond-San Rafael Bridge project. These plans are to occur concurrently with the effort to obtain project approval and the environmental review activities. This recent action shaves time off the project, which calls into question the necessity of this bill and how it will actually help in achieving the author's stated intent. However, supporters believe that this bill will help the project to be further expedited. Double referred. This bill has also been referred to the Senate Environmental Quality Committee. Assembly Votes: Floor: 75-0 Trans: 15-0 FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No POSITIONS: (Communicated to the committee before noon on Wednesday, July 1, 2015.) SUPPORT: American Federation of State, County and Municipal Employees Bay Area Council Bay Area Toll Authority City of San Rafael Marin County Board of Supervisors Marin County Council of Mayors and Councilmembers North Bay Leadership Council State Building and Construction Trades Council of California Transportation Authority of Marin United Contractors OPPOSITION: None received AB 157 (Levine) Page 4 of ? -- END --