BILL NUMBER: AB 1665	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 18, 2012

INTRODUCED BY   Assembly Member Galgiani

                        FEBRUARY 14, 2012

   An act to  amend Section 21080.13 of   add
Section 21080.14 to  the Public Resources Code, relating to
environmental quality.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1665, as amended, Galgiani. California Environmental Quality
Act: exemption: railroad crossings.
   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 (EIR) 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. CEQA also requires
a lead agency to prepare a mitigated negative declaration for a
project that may have a significant effect on the environment if
revisions in the project would avoid or mitigate that effect and
there is no substantial evidence that the project, as revised, would
have a significant effect on the environment.
   CEQA exempts from its requirements railroad grade separation
projects that eliminate an existing grade crossing or reconstruct an
existing grade separation. 
   This bill would specify instead that the exemption for a railroad
grade separation project is for the elimination of an existing
at-grade crossing. 
   Existing law grants the Public Utilities Commission (PUC) the
authority to regulate railroad crossings, as prescribed.
   This bill would exempt from  the  CEQA 
actions or activities taken by the PUC under its authority to
regulate   the closure of a  railroad 
crossings   grade crossing by order of the PUC under the
above authority if the PUC finds the crossi   ng to present
a threat to public   safety  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 21080.14 is added to the 
 Public Resources Code   , to read:  
   21080.14.  This division does not apply to the closure of a
railroad grade crossing by order of the Public Utilities Commission,
pursuant to the commission's authority under Chapter 6 (commencing
with Section 1201) of Part 1 of Division 1 of the Public Utilities
Code, if the commission finds the crossing to present a threat to
public safety.  
  SECTION 1.    Section 21080.13 of the Public
Resources Code is amended to read:
   21080.13.  This division shall not apply to an action or activity
taken by the Public Utilities Commission pursuant to Chapter 6
(commencing with Section 1201) of Part 1 of Division 1 of the Public
Utilities Code or a railroad grade separation project that eliminates
an existing at-grade crossing or reconstructs an existing grade
separation.