With little fanfare, California is considering a change in how it measures transportation impacts that could herald a major change in environmental law. SB 743, passed and signed into law in September, is a potential game changer because it could completely remove LOS — Level of Service, a measure of car traffic congestion — from the list of tools that must be used to analyze environmental impacts under the California Environmental Quality Act. As the state contemplates a broader, more sustainable metric to use for smarter urban planning, the public is invited to weigh in on what the LOS replacement should look like.
Streetsblog USA doesn’t pull punches when describing why many oppose”Level of Service” metrics. Image: Andy Singer
CEQA requires new projects, be they highways or housing units or basketball stadiums, to analyze potential environmental changes created by the proposed project. In copious detail. Water, air, land, noise, plants, animals: any physical aspect of the existing area that might be affected negatively must be analyzed.
For a variety of historical reasons, traffic congestion has crept into this group of environmental impacts under CEQA and become part of the law. Congestion is analyzed by measuring the flow of traffic at intersections (how many vehicles get through in a set amount of time) and grading those intersections on their performance. Planners refer to this as LOS, for Level of Service.
The irony of LOS is that CEQA requires mitigation when projects cause delay to automobile traffic—even if the projects create better conditions for other road users, such as transit riders, bicyclists, or pedestrians. Thus the San Francisco Bike Plan was held up for years because of a lawsuit claiming the city did not take into account the negative affects bike infrastructure would have on LOS.
Streetsblog covered SB 743 as it was passed last year, but at the time we missed a nuance that makes it an even bigger potential change for CEQA and planning. At first read it looked like the LOS provision, tacked onto a bill written to streamline environmental review for a new Sacramento Kings basketball stadium, applied only to areas designated as “Transit Priority Areas,” defined as within a ½ mile of high quality transit. In some places, this covers very large areas: for example, most of San Francisco is so designated because of its dense transit networks. This alone could make a huge difference in the way environmental impact reports are handled for many projects.
Neither Streetsblog nor many advocates monitoring the legislation realized on the first read is that the new law gives the Governor’s Office of Planning and Research (OPR) the discretion to come up with a substitute for LOS and apply it throughout the state—not just to urban areas “well served by transit,” but everywhere. And to all projects.
The long-term results of using LOS as a measure of environmental impact have been argued about for years and explained well elsewhere. Removing it from the CEQA process has the potential to profoundly affect the way cities are planned and built. And while some of the larger cities, including Los Angeles and San Francisco, actively pursue the question of whether traffic impact is an appropriate measure of environmental impact (and working on their own substitute measures), not every locale is happy about it.
OPR is asking for early feedback on two items: a draft list of goals it wants the new criteria to meet, and a preliminary list of possible replacement measures for LOS. These are both described in detail in this report, and summarized below. The deadline is this Friday, February 14, and comments can be sent to: firstname.lastname@example.org. Future drafts will incorporate feedback received now, with the goal of preparing a final draft by July 1, 2014.
Below is an explanation of why many people oppose using LOS as a measure to analyze environmental impacts. Streetsblog is also reaching out to municipal leaders who use LOS for a future story explaining why they may not want to remove it entirely from CEQA.