BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 779


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          ASSEMBLY THIRD READING


          AB  
          779 (Cristina Garcia)


          As Amended  June 1, 2015


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes |Ayes                |Noes                 |
          |                |      |                    |                     |
          |                |      |                    |                     |
          |----------------+------+--------------------+---------------------|
          |Transportation  |15-0  |Frazier, Achadjian, |                     |
          |                |      |Baker, Bloom,       |                     |
          |                |      |Campos, Chu, Daly,  |                     |
          |                |      |Dodd, Eduardo       |                     |
          |                |      |Garcia, Gomez, Kim, |                     |
          |                |      |Linder, Medina,     |                     |
          |                |      |Melendez, O'Donnell |                     |
          |                |      |                    |                     |
          |----------------+------+--------------------+---------------------|
          |Natural         |9-0   |Williams, Dahle,    |                     |
          |Resources       |      |                    |                     |
          |                |      |                    |                     |
          |                |      |Cristina Garcia,    |                     |
          |                |      |Hadley, Harper,     |                     |
          |                |      |McCarty, Rendon,    |                     |
          |                |      |Mark Stone, Wood    |                     |
          |                |      |                    |                     |
          |----------------+------+--------------------+---------------------|
          |Appropriations  |12-0  |Gomez, Bonta,       |                     |
          |                |      |Calderon, Daly,     |                     |
          |                |      |Eggman,             |                     |








                                                                       AB 779


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          |                |      |                    |                     |
          |                |      |                    |                     |
          |                |      |Eduardo Garcia,     |                     |
          |                |      |Gordon, Holden,     |                     |
          |                |      |Quirk, Rendon,      |                     |
          |                |      |Weber, Wood         |                     |
          |                |      |                    |                     |
          |                |      |                    |                     |
           ------------------------------------------------------------------ 


          SUMMARY:  Authorizes the Office of Planning and Research (OPR) to  
          determine, for the purposes of CEQA (California Environmental  
          Quality Act) review, that transportation impacts from residential  
          and mixed-use projects in transit priority areas do not meet the  
          threshold of "significant."


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, negligible fiscal impact.


          COMMENTS:  SB 743 (Steinberg), Chapter 386, Statutes of 2013,  
          among other things, directed OPR to propose revisions to the CEQA  
          Guidelines (California Code of Regulations Title 14) to establish  
          new criteria for determining the significance of transportation  
          impacts of projects within transit priority areas that are not  
          based on level of service (LOS).  This 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  








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          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 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 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. 


          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  








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          than making it easier to move these types of projects forward.    
          To address this concern, this bill clarifies that OPR may  
          determine that residential and mixed-use projects in transit  
          priority areas do not meet the threshold of "significant" for the  
          purposes of CEQA, particularly when the VMT metric is used.




          Analysis Prepared by:                                               
                          Victoria Alvarez / TRANS. / (916) 319-2093  FN:  
          0000778