BILL NUMBER: AB 666 CHAPTERED 09/16/02 CHAPTER 588 FILED WITH SECRETARY OF STATE SEPTEMBER 16, 2002 APPROVED BY GOVERNOR SEPTEMBER 15, 2002 PASSED THE ASSEMBLY AUGUST 27, 2002 PASSED THE SENATE AUGUST 21, 2002 AMENDED IN SENATE AUGUST 6, 2002 AMENDED IN SENATE JUNE 19, 2002 AMENDED IN SENATE JUNE 6, 2002 INTRODUCED BY Assembly Member Dutra FEBRUARY 22, 2001 An act to add and repeal Section 14038.4 to the Government Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGEST AB 666, Dutra. Rail passenger capacity enhancement demonstration projects: coordinated environmental review process. Existing law sets forth the responsibilities of the Department of Transportation with respect to rail passenger service. This bill, until January 1, 2007, would establish a coordinated environmental review process for three rail passenger capacity enhancement demonstration projects on corridors with intercity and commuter passenger and freight service. The bill would require the projects to be identified by the department and selected by the California Transportation Commission, in accordance with specified criteria, and would provide for the department to be designated as the consolidated permit agency. The bill would require the department to seek and invite participation by federal resources agencies. The bill would provide for the department to provide staff support for the demonstration projects to the extent funds are identified for this purpose. The bill would enact other related provisions. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. This act shall be known as the Passenger Rail Project Delivery Demonstration Act. SEC. 2. The Legislature finds and declares all of the following: (a) The development of rail projects that increase passenger and freight rail capacity, thereby enabling the operation of additional train service, benefits the environment and improves mobility in congested transportation corridors. (b) It is necessary to consider the effectiveness of an alternative approach to prepare environmental documents and act on permits for passenger rail projects under a demonstration program within the Department of Transportation for agencies to cooperate to deliver passenger rail projects. SEC. 3. Section 14038.4 is added to the Government Code, to read: 14038.4. (a) (1) On or before July 1, 2005, the department shall identify, and the commission shall select, three passenger rail demonstration projects for the coordinated environmental review and permit process authorized by this section. Candidates identified for selection shall meet all of the following criteria: (A) The project will increase capacity on rail corridors shared by intercity and commuter rail passenger service and rail freight service. (B) The project will improve rail operations and reliability of service by increasing the capacity of the rail corridor. (C) The project will result in an overall benefit to the environment by improving rail passenger service. (D) The project requires environmental review and consultation in order to address potential environmental impacts. (E) The project is programmed in the State Transportation Improvement Program. (F) The project sponsor consents to the selection and to contract with the department for preparation of the environmental document, as required pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code, for the project. (2) In addition to the selection criteria in paragraph (1), the projects shall be located throughout the state, as follows: (A) One project shall be located in one or more of the counties described in Section 66502. (B) One project shall be located in one or more of the counties identified in County Group No. 2, pursuant to Section 187 of the Streets and Highways Code. (C) One project shall be located in one or more counties that are not covered by the descriptions in paragraph (A) or (B). (b) The department may be designated as the consolidated permit agency pursuant to Part 1 (commencing with Section 71000) of Division 34 of the Public Resources Code. (c) The department shall seek and invite participation by applicable federal agencies when preparing the environmental document and during the permit process. (d) To the extent that funds are identified for this purpose, staff support for the demonstration projects shall be made available by the department. (e) The department shall report to the Legislature upon the conclusion of the demonstration projects. The report shall include an assessment of the timeliness and the project delivery performance of the projects that were authorized to be delivered under this section. (f) This section shall remain in effect only until January 1, 2007, and as of that date is repealed.