Press Release

Senator Wiener Introduces Legislation Cutting Red Tape For Public Transportation Projects

SACRAMENTO – Today, Senator Scott Wiener (D-San Francisco) announced Senate Bill 71, a bill to jumpstart public transportation and bike and pedestrian infrastructure projects by streamlining the permitting process. In 2020, Senator Wiener passed SB 288, which exempted active transportation and public transportation infrastructure projects from the California Environmental Quality Act (CEQA). In 4 years, this exemption has streamlined nearly 100 transit projects across California — including 28 in San Francisco — delivering them more quickly and at a lower cost to communities. However, the law is currently set to expire at the end of 2029. SB 71 makes this critical streamlining measure permanent, while expanding it to include bus shelters, lighting, ferry terminals, and infrastructure maintenance.

“Public transportation is critical to California’s future, and we need every tool in the toolbox to continue to expand and improve it,” said Senator Wiener. “This successful CEQA exemption is a model of what we can accomplish by paring back needless process and red tape, and it’s important that we continue building on it.”

California’s climate goals run through its transportation sector, which at 38% is the largest contributor to the state’s greenhouse gas emissions. Meeting state climate goals requires expanding clean, sustainable public transportation, but building the infrastructure used to be much more costly and time intensive because of a series of bureaucratic hurdles.

The delays can also contribute to road deaths in California. A single individual was able to weaponize CEQA to sue the City of San Francisco’s bicycle plan, holding up 34 miles of bike lanes over the course of four years. During that time, nine people died and more than 2,000 people were injured while riding their bikes in the city.

In 2020, the California Legislature and Governor Newsom enacted Senate Bill 288 (Wiener), which introduced a series of statutory CEQA exemptions for sustainable transportation projects. 

In 2022, the Legislature and Governor extended the exemption provided by SB 288 through 2029 (SB 922, Wiener). Assembly Bill 2503 (Lee, 2024) expanded the exemption to include zero-emission rail projects.

These laws have powered dramatic improvements to public transportation service. One San Francisco rapid bus lane project that benefited from the exemption, the Geary Boulevard Improvement Project, saw 18% faster bus travel times, a 37% improvement in transit reliability, and an 81% reduction in excessive speeding by private vehicles.

The following projects are eligible for CEQA exemptions under current law:

  • Pedestrian or bicycle facilities like sidewalks or bike lanes
  • Transit priority projects like bus-only lanes and transit signal priority
  • Bus rapid transit (BRT) and other bus projects – including stations
  • Light rail and other passenger rail projects – including stations – within public rights-of-way
  • Zero emission transit vehicle infrastructure projects, including zero-emissions ferry charging infrastructure
  • Converting general purpose lanes to carpool lanes or bus-only lanes, or converting highway shoulders to part-time transit lanes
  • Planning decisions to reduce or eliminate minimum parking requirements, remove or restrict parking, or implement transportation demand management programs

SB 71 removes the SB 922 sunset date to make this highly effective law permanent, directs project cost thresholds in the law to be adjusted for inflation, specifies when project cost should be calculated to determine exemption eligibility, and clarifies that the following project types are also eligible for the exemption:

  • Bus shelters and lighting
  • Shuttle and ferry service and terminal projects
  • Transit Comprehensive Operational Analyses (COAs)
  • Transit infrastructure maintenance

SB 71 maintains SB 922’s safeguards that ensure the CEQA exemption is not misapplied to projects with detrimental impacts to vulnerable populations or the environment. Projects must:

  • Be located in an existing public right of way
  • Must not add new auto capacity
  • Must not demolish affordable housing
  • Must use a skilled and trained workforce or have a project labor agreement in place.

“Since 2021, this CEQA exemption has helped 92 projects get built more quickly and cost effectively. That's 92 projects that reduce greenhouse gas emissions and improve access to opportunity--and it didn't cost the state a penny. SB 71 is a win-win," said Laura Tolkoff, Transportation Policy Director at SPUR.

SB 71 is sponsored by the California Transit Association, SPUR (co-sponsor), and Bay Area Council (co-sponsor). 

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