BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 779


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          Date of Hearing:  April 27, 2015


                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES


                                 Das Williams, Chair


          AB 779  
          (Cristina Garcia) - As Amended April 14, 2015


          SUBJECT:  Environmental quality:  transit priority areas


          SUMMARY:  Delays the effective date of revised California  
          Environmental Quality Act (CEQA) guidelines to establish  
          criteria for determining the significance of transportation  
          impacts of projects within transit priority areas until July 1,  
          2017. 


          EXISTING LAW: 


          1)Requires, under CEQA, 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.

          2)Requires the Office of Planning and Research (OPR) to prepare,  
            and the Secretary of the Natural Resources Agency to adopt,  
            guidelines for the implementation of CEQA by public agencies.

          3)Requires OPR to propose revisions to the CEQA Guidelines to  
            establish new, non-"level of service" (LOS) criteria for  
            determining the significance of transportation impacts of  








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            projects within "transit priority areas." (LOS is a threshold  
            that defines a deficiency on the congestion management program  
            highway and roadway system which requires the preparation of a  
            deficiency plan.)

             a)   Defines "transit priority area" as an area within  
               one-half mile of a major transit stop (i.e., rail transit  
               station, a ferry terminal served by either a bus or rail  
               transit service, or the intersection of two or more major  
               bus routes) that is either existing or planned, if the  
               planned stop is scheduled to be completed within the  
               planning horizon of a specified federal transportation  
               plan.

             b)   Requires the criteria to promote the reduction of GHG  
               emissions, the development of multi-modal transportation  
               networks, and a diversity of land uses.

             c)   Requires OPR to recommend potential metrics to measure  
               transportation impacts, including vehicle miles traveled,  
               vehicle miles traveled per capita, automobile trip  
               generation rates, or automobile trips generated.

             d)   Authorizes OPR to establish criteria for models used to  
               analyze transportation impacts to ensure the models are  
               accurate, reliable, and consistent with the intent of this  
               section. 

             e)   Provides that automobile delay, as described solely by  
               LOS or similar measures of capacity or congestion, shall  
               not support a finding of significance pursuant to CEQA,   
                except in locations specifically identified in the  
               guidelines, if any.

             f)   Provides that aesthetic and parking impacts of  
               residential, mixed-use, and employment center projects on  
               infill sites shall not be considered significant impacts on  
               the environment for purposes of CEQA, while also stating  
               that the authority of a lead agency to consider aesthetic  








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               impacts pursuant to local design review ordinances or other  
               discretionary powers is not affected.  

          FISCAL EFFECT:  Unknown


          COMMENTS:  


          SB 743 (Steinberg), Chapter 386, Statutes of 2013, among other  
          things, directed OPR to propose revisions to the CEQA Guidelines  
          to establish new criteria for determining the significance of  
          transportation impacts of projects within transit priority areas  
          that are not based on LOS.  The bill additionally authorized,  
          but did not require, OPR to apply the new criteria outside of  
          transit priority areas. 


          LOS is a measure of vehicle delay at intersections and on  
          roadway segments and is expressed with a letter grade ranging  
          from A to F.  LOS A represents free-flowing traffic, while LOS F  
          represents congested conditions.  LOS has been criticized as an  
          outdated metric because it does not consider person delay and  
          neglects transit, pedestrians, and bicycles.  Many believe that  
          an over-reliance on LOS considerations by planners has led to  
          widening intersections and roadways to move automobile traffic  
          faster at the expense of other modes of transportation.  LOS has  
          also been criticized as a barrier to infill and transit-oriented  
          development.  A traffic study using LOS might find that  
          greenfield developments perform well because there are so few  
          other cars around.  An urban infill project, on the other hand,  
          might perform poorly because it would contribute to an already  
          congested condition, even though residents and consumers  
          associated with infill projects are less likely to rely on cars  
          for their transportation needs.  


          In response to SB 743, OPR published a preliminary evaluation of  
          potential alternatives to LOS in December, 2013.  Based on  








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          comments received in response to that document, the office  
          released draft revisions to the CEQA Guidelines in August, 2014,  
          and accepted comments on the draft through November, 2014.  The  
          draft proposed to replace the LOS analysis with an analysis of  
          the vehicle miles traveled (VMT) generated by a project as a  
          measure of the significance of a project's transportation  
          impacts. 


          OPR took a phased approach to implementation in the first draft,  
          proposing that the new analysis procedures would apply  
          immediately upon the effective date of the revised CEQA  
          Guidelines to projects located within one-half mile of major  
          transit stops and high-quality transit corridors, and statewide  
          after January 1, 2016.  OPR additionally proposed allowing  
          jurisdictions to opt in to the new procedures regardless of  
          location from the time of adoption. 


          This bill delays any revisions to the CEQA Guidelines adopted  
          pursuant to SB 743 from becoming effective prior to July 1,  
          2017.  The sponsor, the Infill Builders Federation, is concerned  
          that the revisions, as currently drafted, while intended to  
          benefit infill development, may actually put infill at a greater  
          disadvantage by requiring infill projects to undergo an untested  
          VMT analysis that initially will not apply to development  
          projects in other areas.  The sponsor is concerned that this  
          places both an added analysis burden and potentially an added  
          litigation burden on infill rather than making it easier to move  
          these types of projects forward. 


          OPR has indicated that it is likely to issue a revised draft of  
          the guidelines based on the nearly 200 comments it received on  
          the first draft, although the timing of that draft and the  
          extent of the changes to the first draft it might contain are  
          uncertain.  It is not clear when OPR expects that final  
          revisions will be formally adopted.









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          REGISTERED SUPPORT / OPPOSITION:




          Support


          The California Infill Federation (Sponsor)




          Opposition


          None on file.




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