BILL NUMBER: AB 1170 CHAPTERED 10/05/05 CHAPTER 536 FILED WITH SECRETARY OF STATE OCTOBER 5, 2005 APPROVED BY GOVERNOR OCTOBER 5, 2005 PASSED THE ASSEMBLY SEPTEMBER 8, 2005 PASSED THE SENATE SEPTEMBER 1, 2005 AMENDED IN SENATE AUGUST 30, 2005 AMENDED IN SENATE JUNE 27, 2005 INTRODUCED BY Assembly Member Canciamilla FEBRUARY 22, 2005 An act to amend Sections 29031.1 and 29034 of the Public Utilities Code, relating to transportation, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1170, Canciamilla San Francisco Bay Area Rapid Transit District: seismic retrofit work: joint use agreements. Existing law creates the San Francisco Bay Area Rapid Transit District to construct and operate a rail transit system in the Bay Area. The existing California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment, or to adopt a negative declaration if it finds that the project will not have that effect. The act exempts from the requirement specified discretionary projects, including specific actions necessary to prevent or mitigate an emergency. Existing law includes in those exempt actions, until June 30, 2005, the San Francisco Bay Area Rapid Transit District's seismic retrofit work on any existing structures or facilities, as specified, necessary for rapid transit service if the district conducts 3 workshops and other outreach efforts to ensure public awareness of the proposed seismic retrofit work prior to commencement of construction. This bill would revise the exemption applicable to the district's seismic retrofit work on existing structures or facilities and impose certain conditions relative to the exemption. The bill would make these provisions operative until June 1, 2010. Existing law authorizes the district to enter into agreements for the joint use of any property and rights by the district and any city, public agency, or public utility operating transit facilities for various cooperative ventures relative to transit service. This bill would revise and recast these provisions. This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 29031.1 of the Public Utilities Code is amended to read: 29031.1. (a) Subject to compliance with subdivision (c), the district's seismic retrofit work on structures or facilities shall be exempt from Division 13 (commencing with Section 21000) of the Public Resources Code. (b) For purposes of this section, the district's "seismic retrofit work" shall be defined as work to address earthquake vulnerabilities identified in the original BART system by retrofitting to full operability at stations, aerial guideways and structures, columns, and column foundations, parking structures, yards, administration and ancillary structures as identified in Section 6.1 of the BART Seismic Vulnerability Study, adopted by the board of directors of the district on June 6, 2002, and in the Earthquake Safety Program, General Obligation Bond Program Report, approved by the board of directors of the district on June 10, 2004. (c) As a condition of the exemption, the district shall do all of the following: (1) Conduct three workshops and other outreach efforts to ensure public awareness of the proposed seismic retrofit work prior to commencement of construction. (2) Comply with applicable environmental, health, and safety laws. (3) Comply with the district's standard construction practices, subject to minor modifications that would not result in a significant adverse effect on the environment, including Article GC7 of the 2003 General Conditions for Construction Contracts and Article 1.11 (Noise Control) of Section 01570 of BART Facilities Standards, Standard Specifications, Release 1.2. (4) Require its contractors to comply with Feasible Control Measures for Construction Emissions of PM-10 set forth in the San Francisco Bay Area Air Quality Management District CEQA Guidelines, page 15, Table 2 (December 1999), as applicable. (5) Use equipment powered by emulsified diesel fuel, electricity, natural gas, or ultralow sulfur diesel as an alternative to conventional diesel-powered construction equipment, where feasible. (d) This section shall not apply to any project for the purpose of expanding the district's rapid transit service or providing service other than rapid transit service. (e) This section shall become inoperative on June 1, 2010, and, as of January 1, 2011, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2011, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 2. Section 29034 of the Public Utilities Code is amended to read: 29034. The district may enter into agreements for the joint use of any property and rights by the district and any public agency or public utility operating transit facilities; may enter into agreements with any public agency or public utility operating any transit facilities, either wholly or partially within, or without, the district, for the joint use of any property of the district or of that public agency or public utility, or the establishment of through routes, joint fares, transfer of passengers or pooling arrangements. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to ensure that seismic retrofit work undertaken by the San Francisco Bay Area Rapid Transit District is coordinated with the Department of Transportation and completed at the earliest possible time, it is necessary that this act take effect immediately.