BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                  AB 1665|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  AB 1665
          Author:   Galgiani (D)
          Amended:  8/6/12 in Senate
          Vote:     21

           
           SENATE ENVIRONMENTAL QUALITY COMMITTEE :  6-1, 7/2/12
          AYES:  Simitian, Blakeslee, Hancock, Kehoe, Lowenthal, 
            Pavley
          NOES:  Strickland

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  51-22, 5/21/12 - See last page for vote


           SUBJECT  :    California Environmental Quality Act

           SOURCE  :     Public Utilities Commission


           DIGEST  :    This bill specifies that the California 
          Environmental Quality Act (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, until 
          January 1, 2016.  This bill also requires 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 (OPR). CEQA authorizes a 
          local agency, whenever it determines that a project is not 
                                                           CONTINUED





                                                               AB 1665
                                                                Page 
          2

          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.

           ANALYSIS  :    

          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 (Public 
             Resources Code Section 21080.13, 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, until January 1, 2016, exempts 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 OPR.  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 

                                                           CONTINUED





                                                               AB 1665
                                                                Page 
          3

          determination with the county clerk of each county in which 
          the project will be located.

          This bill requires 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 OPR.  
          This bill also requires a local agency that makes such a 
          determination, and approves or determines to carry out that 
          project, to file a specified notice with the OPR and with 
          the county clerk in each county in which the project will 
          be located.

          These provisions 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.

          This bill specifies:

           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 OPR.   

           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 OPR 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 of the Public Resources Code.

          The provisions of this bill shall remain in effect only 
          until January 1, 2016, and as of that date is repealed,

           Comments
           
          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 CEQA, an 
          initial study is prepared to determine whether the project 

                                                           CONTINUED





                                                               AB 1665
                                                                Page 
          4

          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. 

          The sponsor of this bill, the PUC, has broad and exclusive 
          power to regulate railroad crossings.  According to the 
          PUC, AB 660 (Galgiani), Chapter 315, Statutes of 2008, 
          eliminates 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. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

           SUPPORT  :   (Verified  8/7/12)

          Public Utilities Commission (source)
          American Council of Engineering Companies
          California State Council of Laborers

           ARGUMENTS IN SUPPORT  :    According to the author's office, 
          in the 2007-08 legislative session, the Legislature adopted 

                                                           CONTINUED





                                                               AB 1665
                                                                Page 
          5

          AB 660 (Galgiani) which, among other things, modified 
          Streets and Highways Code Section 2450.  Subsection (b)(3) 
          of Section 2450 had included projects that removed or 
          relocated highways or railway tracks to eliminate existing 
          grade crossings within the definition of a grade 
          separation.  The California Public Resources Code Section 
          21080.13 exempted these "grade separation projects" from a 
          CEQA review.  By deleting Subsection (b)(3) from Streets 
          and Highways Code Section 2450, the removal or relocation 
          of a highway or railroad tracks (i.e., crossing closure 
          removing the street or highway from the railroad tracks) is 
          no longer within the definition of a grade separation 
          project for purposes of the CEQA exemption.

          Amending the Public Resources Code to clarify the PUC's 
          existing authority as exercised in the past will help 
          ensure the expeditious closure of unsafe railroad 
          crossings.  A number of fatalities occur every year in 
          California at existing at-grade highway-rail crossing.  
          This legislation will help ensure that dangerous crossings 
          can be closed with simple minor modifications without the 
          delay of an unnecessary CEQA review.

          Under this bill, public safety will be the primary 
          consideration in at-grade crossing closures and will be 
          handled in an expeditious manner while preserving the due 
          process rights of the local community affected by the 
          closure.  Furthermore, since most, if not all, the 
          considerations addressed under CEQA are considered by the 
          PUC in its crossing closure public hearings and 
          proceedings, these important considerations will be more 
          expeditiously aired and resolved.


           ASSEMBLY FLOOR  :  51-22, 5/21/12
          AYES:  Alejo, Allen, Atkins, Beall, Block, Blumenfield, 
            Bonilla, Bradford, Brownley, Buchanan, Butler, Charles 
            Calderon, Campos, Carter, Cedillo, Chesbro, Davis, 
            Dickinson, Eng, Feuer, Fong, Fuentes, Furutani, Galgiani, 
            Garrick, Gatto, Hall, Hayashi, Hill, Huber, Hueso, 
            Huffman, Jeffries, Lara, Bonnie Lowenthal, Ma, Mendoza, 
            Miller, Mitchell, Monning, Pan, V. Manuel Pérez, 
            Portantino, Skinner, Solorio, Swanson, Torres, 
            Wieckowski, Williams, Yamada, John A. Pérez

                                                           CONTINUED





                                                               AB 1665
                                                                Page 
          6

          NOES:  Achadjian, Bill Berryhill, Conway, Cook, Donnelly, 
            Beth Gaines, Gorell, Grove, Halderman, Harkey, Jones, 
            Knight, Logue, Mansoor, Morrell, Nestande, Nielsen, 
            Norby, Silva, Smyth, Valadao, Wagner
          NO VOTE RECORDED:  Ammiano, Fletcher, Gordon, Hagman, Roger 
            Hernández, Olsen, Perea


          DLW:RJG:d  8/8/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****
          































                                                           CONTINUED