BILL ANALYSIS �
AB 2245
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2245 (Smyth)
As Amended August 7, 2012
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |73-0 |(May 21, 2012) |SENATE: |36-1 |(August 21, |
| | | | | |2012) |
-----------------------------------------------------------------
Original Committee Reference: NAT. RES.
SUMMARY : Exempts specified bicycle lane projects from the
California Environmental Quality Act (CEQA) until 2018.
The Senate amendments :
1)Specify that the bicycle lane project must be in an urbanized
area and consistent with a local bicycle transportation plan.
2)Require the lead agency to include measures to mitigate
potential vehicular traffic impacts and bicycle and pedestrian
safety impacts.
3)Add procedures for publication of the notice of public hearing
on the project.
4)Require any state or local agency claiming an exemption
pursuant to the bill to file a notice with the Office of
Planning and Research.
5)Extend the sunset from January 1, 2017, to January 1, 2018.
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).
AS PASSED BY THE ASSEMBLY , this bill:
1)Exempted from CEQA a project for Class II bikeways undertaken
by a city or county within an existing road right-of-way.
AB 2245
Page 2
2)Defined 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)Required the city or county to assess traffic and safety
impacts and hold a public hearing to review those impacts.
4)Sunset January 1, 2017.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
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.
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.
AB 2245
Page 3
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.
Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916)
319-2092
FN: 0005296