BILL NUMBER: AB 1665	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 6, 2012
	AMENDED IN ASSEMBLY  APRIL 18, 2012

INTRODUCED BY   Assembly Member Galgiani

                        FEBRUARY 14, 2012

   An act to add  and repeal  Section 21080.14  to
  of  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.
   Existing law grants the Public Utilities Commission (PUC) the
authority to regulate railroad crossings, as prescribed.
   This bill would  ,   until January 1, 2016, 
exempt from CEQA the closure of a railroad grade crossing by order of
the PUC under the above authority if the PUC finds the crossing to
present a threat to public safety. 
   CEQA authorizes a state agency, whenever it determines that a
project is not subject to CEQA pursuant to designated provisions and
the state agency approves or determines to carry out the project, to
file a specified notice of that approval or determination with the
Office of Planning and Research. CEQA authorizes a local agency,
whenever it determines that a project is not subject to CEQA pursuant
to designated provisions and the local agency approves or determines
to carry out the project, to file a specified notice of that
approval or determination with the county clerk of each county in
which the project will be located.  
   This bill would require a state agency that determines that such a
railroad closure grade crossing project is not subject to CEQA, and
the state agency approves or determines to carry out that project, to
file a specified notice with the Office of Planning and Research.
The bill also would require a local agency that makes such a
determination, and approves or determines to carry out that project,
to file a specified notice with the Office of Planning and Research
and with the county clerk in each county in which the project will be
located. Because the bill would impose new duties on local agencies
with regard to providing notice of project determinations, the bill
would impose a state-mandated local program.  
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no  yes  .



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.   (a)    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. 
   (b) This section shall not apply to any crossing for high-speed
rail, as defined in subdivision (c) of Section 185012 of the Public
Utilities Code, or any crossing for any project carried out by the
High-Speed Rail Authority, as described in Section 185020 of the
Public Utilities Code, or a successor agency.  
   (c) (1) Whenever a state agency determines that a project is not
subject to this division pursuant to this section, and it approves or
determines to carry out the project, the state agency shall file a
notice with the Office of Planning and Research in the manner
specified in subdivisions (b) and (c) of Section 21108.  
   (2) Whenever a local agency determines that a project is not
subject to this division pursuant to this section, and it approves or
determines to carry out the project, the local agency shall file a
notice with the Office of Planning and Research and with the county
clerk in each county in which the project will be located in the
manner specified in subdivisions (b) and (c) of Section 21152. 

   (d) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date. 
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.