Amended in Senate April 6, 2015

Senate Bill No. 348

Introduced by Senator Galgiani

February 24, 2015

An act to amend begin delete Section end delete begin insert Sections 21080.13 and end insert 21080.14 of the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL’S DIGEST

SB 348, as amended, Galgiani. California Environmental Quality Act: exemption: railroad crossings.

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The

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begin insert (1) end insert begin insert   end insert begin insert The end insert 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 begin delete (EIR) end delete 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. begin insert CEQA exempts from its requirements railroad grade separation projects that eliminate existing grade crossings or that reconstruct existing grade separations. CEQA authorizes a lead agency, if it determines that a project is exempt from the requirements of CEQA, to file a notice of exemption with specific public entities. end insert

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This bill would require a lead agency, if it determines that the above exemption applies to a project that the agency approves or determines to carry out, to file a notice of exemption with the Office of Planning and Research and, in the case of a local agency, with the county clerk in each affected county. Because the bill would impose additional duties on local agencies with regards to the filing of a notice of exemption, this bill would impose a state-mandated local program.

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Existing

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begin insert (2) end insert begin insert   end insert begin insert Existing end insert law grants to the Public Utilities Commission (PUC) the authority to regulate railroad crossings, as prescribed. begin delete Existing law, end delete begin insert CEQA, end insert until January 1, 2016, exempts from begin delete CEQA end delete begin insert its requirements end insert 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. begin delete Existing law end delete begin insert CEQA end insert 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 begin delete specified end delete notice begin insert of exemption end insert 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, begin delete 2019 end delete begin insert 2019, end insert the repeal date for those provisions. Because the bill would impose additional duties on local agencies with regard to begin delete providing end delete begin insert the filing of a end insert notice of begin delete an exemption from CEQA, end delete begin insert exemption, end insert the bill would impose a state-mandated local program.

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(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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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(3) 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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 21080.13 of the end insert begin insert Public Resources Code end insert
begin insert is amended to read: end insert

21080.13.  

begin insert (a) end insert begin insert   end insert This division shall not apply to any railroad
grade separation project begin delete which end delete begin insert that end insert eliminates an existing grade
crossing or begin delete which end delete begin insert that end insert reconstructs an existing grade separation.

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(b) (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.

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(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.

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begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 21080.14 of the Public Resources Code is
amended 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, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

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begin insert SEC. 3. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.