BILL ANALYSIS Ó
AB 1665
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Date of Hearing: April 23, 2012
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 1665 (Galgiani) - As Amended: April 18, 2012
SUBJECT : California Environmental Quality Act: exemption:
railroad crossings
SUMMARY : Specifies that CEQA does not apply to the closure of a
railroad grade crossing by order of the Public Utilities
Commission (PUC) when the PUC has found the crossing to present
a threat to public safety.
EXISTING LAW :
1)Requires lead agencies with the principal responsibility for
carrying out or approving a proposed project which may have a
significant effect on the environment to prepare a negative
declaration, mitigated negative declaration, or environmental
impact report (EIR) for this action, unless the project is
exempt from CEQA (CEQA includes various statutory exemptions,
as well as categorical exemptions in the CEQA guidelines).
2)Exempts from CEQA any railroad grade separation project which
eliminates an existing grade crossing or which reconstructs an
existing grade separation (Section 21080.13 of the Public
Resources Code, enacted in 1982).
3)Grants the PUC exclusive authority over railroad crossings,
including prescribing the terms of installation, operation,
maintenance, use, and protection of each crossing, as well as
requiring the closure or separation of grades at any crossing.
THIS BILL exempts from CEQA the PUC's action to close a railroad
grade crossing when the PUC has found the crossing to present a
threat to public safety.
FISCAL EFFECT : Unknown
COMMENTS :
1)Background. CEQA provides a process for evaluating the
environmental effects of applicable projects undertaken or
approved by public agencies. If a project is not exempt from
AB 1665
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CEQA, an initial study is prepared to determine whether the
project may have a significant effect on the environment. If
the initial study shows that there would not be a significant
effect on the environment, the lead agency must prepare a
negative declaration. If the initial study shows that the
project may have a significant effect on the environment, the
lead agency must prepare an EIR.
Generally, an EIR must accurately describe the proposed
project, identify and analyze each significant environmental
impact expected to result from the proposed project, identify
mitigation measures to reduce those impacts to the extent
feasible, and evaluate a range of reasonable alternatives to
the proposed project. Prior to approving any project that has
received environmental review, an agency must make certain
findings. If mitigation measures are required or incorporated
into a project, the agency must adopt a reporting or
monitoring program to ensure compliance with those measures.
2)The PUC, railroads and CEQA. The sponsor of this bill, the
PUC (formerly known as the Railroad Commission), has broad and
exclusive power to regulate railroad crossings. According to
the PUC, AB 660 (Galgiani), Chapter 315, Statutes of 2008,
eliminated a provision from Section 2450 of the Streets and
Highways Code which had described a grade separation project
to include removal or relocation of highways or tracks to
eliminate existing at-grade crossings. Section 21080.13 of
CEQA exempts certain grade separation projects, and the PUC
combined this exemption with the Streets and Highways
definition to justify claiming a CEQA exemption for the
closure of an at-grade crossing. The PUC feels that the
amendments made by AB 660 eliminated this exemption.
While the basis for the prior exemption is questionable, the
exemption added by this bill, as recently amended, is quite
limited, non-controversial, and appears appropriate under a
circumstance where a railroad crossing must be closed quickly
to protect public safety.
REGISTERED SUPPORT / OPPOSITION :
Support
Public Utilities Commission (sponsor)
American Council of Engineering Companies of California
AB 1665
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California State Council of Laborers
Opposition
None on file
Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916)
319-2092