BILL NUMBER: AB 289	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 17, 2009
	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Member Galgiani

                        FEBRUARY 13, 2009

    An act to amend Section 21080.13 of the Public Resources
Code, relating to environmental quality.   An act
relating to high-spee   d rail, and declaring the urgency
thereof, to take effect immediately. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 289, as amended, Galgiani.  California Environmental
Quality Act: exemptions.   High-speed rail.  
   Existing law, the California High-Speed Rail Act, creates the
High-Speed Rail Authority to develop and implement a high-speed rail
system in the state, with specified powers and duties. Existing law,
pursuant to the Safe, Reliable High-Speed Passenger Train Bond Act
for the 21st Century, approved by the voters as Proposition 1A at the
November 4, 2008, general election, provides for the issuance of
$9.95 billion in general obligation bonds for high-speed rail and
related purposes.  
   The federal American Recovery and Reinvestment Act of 2009
provides funding for allocation nationally to high-speed rail
projects.  
   This bill would require the High-speed Rail Authority, to the
extent possible, to use the proceeds of bonds from the Safe, Reliable
High-Speed Passenger Train Bond Act for the 21st Century to match
federal funds made available from the American Recovery and
Reinvestment Act of 2009.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   Existing law, the 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, as defined, or to
adopt a negative declaration if it finds that the project will not
have that effect, unless the project is exempt from the act.
 
   CEQA provides for various exemptions from the requirements of the
act including an exemption for certain railroad grade separation
projects.  
   This bill would specifically provide that this exemption includes
grade separation projects that are a component of the California
high-speed rail system.
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee:  no   yes  .
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    The High Speed Rail Authority shall, to the
extent possible, use the proceed of bonds described in paragraph (1)
of subdivision (b) of Section 2704.04 of the Streets and Highways
Code to match federal funds made available from the American Recovery
and Reinvestment Act of 2009 (Public Law 111-5).  
  SEC. 2.    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 California may secure the maximum amount
of funds available for high-speed rail development, it is necessary
that this act take effect immediately.  
  SECTION 1.    Section 21080.13 of the Public
Resources Code is amended to read:
   21080.13.  This division shall not apply to a railroad grade
separation project that eliminates an existing grade crossing or that
reconstructs an existing grade separation, including a grade
separation project that meets these conditions and is a component of
the California high-speed rail system.