By: Robert D. Thornton, Benjamin Z. Rubin, Liz Klebaner :
In response to material opposition from many of the transportation agencies in the State, the California Natural Resources Agency has proposed to provide transportation agencies with the discretion to determine the metric for evaluating traffic impacts of highways and road projects. Unfortunately, instead of putting the issue to bed, the proposed regulation introduces considerable ambiguity that will likely lead to a CEQA challenge if any project EIR relies solely on Level of Service (LOS) to evaluate the significance of traffic impacts. The proposed regulation states:
For roadway capacity projects, agencies have discretion to determine the appropriate measure of transportation impact consistent with CEQA and other applicable requirements.
The language “consistent with CEQA and other applicable requirements” arguably creates ambiguity as to whether transportation agencies may rely solely on measures of traffic congestion such as LOS to determine the significance of traffic impacts, or whether the State’s climate change legislation mandates a “Vehicle Miles Traveled” (VMT) analysis.
As we have previously reported, the proposed SB 743 implementing regulation represents a paradigm shift in the evaluation of transportation impacts of road and development projects, by replacing the traffic congestion-based LOS metric with the VMT metric. With VMT, the very acts of driving a vehicle or inducing vehicle travel by improving roadway infrastructure is an environmental impact requiring analysis and potentially mitigation. The proposed regulation generally removes traffic congestion from the required scope of a CEQA impacts analyses… (more)