SB 348, as introduced, 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.
Existing law grants to the Public Utilities Commission (PUC) the authority to regulate railroad crossings, as prescribed. Existing law, until January 1, 2016, exempts from CEQA the closure of a railroad grade crossing by order of the PUC under that authority if the PUC finds the crossing to present a threat to public safety. Existing law requires a state or local agency that determines that this exemption applies to a project that the agency approves or determines to carry out to file a specified notice with the Office of Planning and Research and, in the case of a local agency, with the county clerk in each affected county.
This bill would extend to January 1, 2019 the repeal date for those provisions. Because the bill would impose additional duties on local agencies with regard to providing notice of an exemption from CEQA, 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 no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 21080.14 of the Public Resources Code
2 is amended to read:
(a) This division does not apply to the closure of a
4railroad grade crossing by order of the Public Utilities Commission,
5pursuant to the commission’s authority under Chapter 6
6(commencing with Section 1201) of Part 1 of Division 1 of the
7Public Utilities Code, if the commission finds the crossing to
8present a threat to public safety.
9(b) This section shall not apply to any crossing for high-speed
10rail, as defined in subdivision (c) of Section 185012 of the Public
11Utilities Code, or any crossing for any project carried out by the
12High-Speed Rail Authority, as described in Section 185020 of the
13Public Utilities Code, or a successor agency.
14(c) (1) Whenever a state agency
determines that a project is not
15subject to this division pursuant to this section, and it approves or
16determines to carry out the project, the state agency shall file a
17notice with the Office of Planning and Research in the manner
18specified in subdivisions (b) and (c) of Section 21108.
19(2) Whenever a local agency determines that a project is not
20subject to this division pursuant to this section, and it approves or
21determines to carry out the project, the local agency shall file a
22notice with the Office of Planning and Research and with the
23county clerk in each county in which the project will be located
24in the manner specified in subdivisions (b) and (c) of Section
2521152.
P3 1(d) This section shall remain in effect only until January 1,begin delete 2016,end delete
2begin insert
2019,end insert and as of that date is repealed, unless a later enacted statute,
3that is enacted before January 1,begin delete 2016,end deletebegin insert 2019,end insert
deletes or extends
4that date.
No reimbursement is required by this act pursuant to
6Section 6 of Article XIII B of the California Constitution because
7a local agency or school district has the authority to levy service
8charges, fees, or assessments sufficient to pay for the program or
9level of service mandated by this act, within the meaning of Section
1017556 of the Government Code.
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