BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 348|
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                                   THIRD READING 


          Bill No:  SB 348
          Author:   Galgiani (D)
          Amended:  4/6/15  
          Vote:     21  

           SENATE ENVIRONMENTAL QUALITY COMMITTEE:  7-0, 4/15/15
           AYES:  Wieckowski, Gaines, Bates, Hill, Jackson, Leno, Pavley

          SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           SUBJECT:   California Environmental Quality Act:  exemption:   
                     railroad crossings


          SOURCE:    California Public Utilities Commission 


          DIGEST:  This bill extends the sunset from January 1, 2016, to  
          January 1, 2019, for an exemption to the California  
          Environmental Quality Act (CEQA) related to the closure of a  
          railroad grade crossing when the Public Utilities Commission  
          (PUC) finds the crossing to present a threat to public safety.


          ANALYSIS:   

          Existing law:  

          1)Under CEQA:

             a)   Requires lead agencies with the principal responsibility  
               for carrying out or approving a proposed discretionary  
               project to prepare a negative declaration, mitigated  
               negative declaration, or environmental impact report (EIR)  
               for this action, unless the project is exempt from CEQA  








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               (CEQA includes various statutory exemptions, as well as  
               categorical exemptions in the CEQA guidelines).  (Public  
               Resources Code (PRC) §21000 et seq.).  

             b)   Specifies that CEQA does not apply to the closure of a  
               railroad grade crossing by order of the PUC when the PUC  
               has found the crossing to present a threat to public  
               safety.  (PRC §21080.14)

               i)     Explicitly excludes the application of this  
                 exemption from any crossing for high-speed rail.

               ii)    Requires any state or local agency claiming an  
                 exemption pursuant to this section to file a notice with  
                 the Office of Planning and Research.

               iii)   Sunsets this provision January 1, 2016.  

             c)   Contains other exemptions relating to railroad projects  
               that include, for example:  

               i)     The institution or increase of passenger or commuter  
                 services on rail or highway rights-of-way already in use,  
                 including modernization of existing stations and parking  
                 facilities.  (PRC §21080(b)(10)).

               ii)    Facility extensions not to exceed four miles in  
                 length required to transfer passengers from or to  
                 exclusive public mass transit guideway or busway public  
                 transit services.  (PRC §21080(b)(12)).

               iii)   Any railroad grade separation project that  
                 eliminates an existing grade crossing or reconstructs an  
                 existing grade separation.  (PRC §21080.13)

          2)Under the Public Utilities Act, provides various powers to the  
            PUC relating to railroad crossings.  (Public Utilities Code  
            §1201 et seq.)  For example, grants the PUC 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.








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          This bill:  

          1)Extends the sunset date from January 1, 2016, to January 1,  
            2019, for an exemption to CEQA for 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.

          2)Requires a public agency to file a Notice of Exemption when a  
            public agency determines that the railroad grade separation  
            exemption, pursuant to PRC §21080.13, applies to a project.

          Background

          CEQA provides a process for evaluating the environmental effects  
          of a project, and includes statutory exemptions as well as  
          categorical exemptions in the CEQA guidelines.  If a project is  
          not exempt from CEQA, an initial study is prepared to determine  
          whether a 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,  
          then 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 an 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.

          If a mitigation measure would cause one or more significant  
          effects in addition to those that would be caused by the  
          proposed project, the effects of the mitigation measure must be  
          discussed but in less detail than the significant effects of the  
          proposed project.








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          Comments

          1) Purpose of bill.  According to the sponsor, the PUC, "More  
             fatalities occur across California each year in rail-related  
             accidents than with any other type of public utility.  More  
             than 30 individuals lost their lives in rail-related  
             accidents in 2014, and there has already been a major  
             accident in 2015 in the City of Oxnard that has claimed the  
             life of one individual and badly injured several more.  It is  
             essential that regulators have all necessary tools at their  
             disposal when assessing the safety of at-grade rail  
             crossings.  SB 348 would allow regulators to ensure safe  
             at-grade rail crossings by facilitating closures of unsafe  
             crossings without repetitive and unnecessary reviews.  As  
             such, SB 348 will avert future accidents and save lives." 

          2) What is lost with an exemption from CEQA.  It is not unusual  
             for some interests to assert that a particular exemption will  
             expedite construction of a particular type of project and  
             reduce costs.  This, however, frequently overlooks the  
             benefits of adequate environmental review where lead and  
             responsible agencies are legally accountable for their  
             actions:  to inform decisionmakers and the public about  
             project impacts, identify ways to avoid or significantly  
             reduce environmental damage, prevent environmental damage by  
             requiring feasible alternatives or mitigation measures,  
             disclose to the public reasons why an agency approved a  
             project if significant environmental effects are involved,  
             involve public agencies in the process, and increase public  
             participation in the environmental review and the planning  
             processes.

          If a project is exempt from CEQA, certain issues should be  
             addressed.  For example:

                 How can decisionmakers and the public be aware of  
               impacts, mitigation measures, and alternatives of a project  
               because of the exemption?

                 Is it appropriate for the public to live with the  
               consequences when a project is exempt and impacts may not  








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               be mitigated and alternatives may not be considered  
               regarding certain matters, such as air quality, water  
               quality, and noise impacts?

                 Because adverse project impacts do not disappear when  
               they are not identified and mitigated, does an exemption  
               result in a direct transfer of responsibility for  
               mitigating impacts from the applicant to the public (i.e.,  
               taxpayers) if impacts are ultimately addressed after  
               completion of the project?

                 If taxpayers, rather than the project applicant, are  
               ultimately responsible for mitigating certain impacts of  
               such a project after project completion, what assessments  
               or taxes will be increased to fund mitigation or pay for  
               alternatives at a later date?

             Such issues may be overlooked or disregarded when a project  
             is exempt from CEQA, but should be addressed for the benefit  
             of the public good.

          1) Brief history of this exemption.  This bill extends the  
             sunset of an exemption for the closure of a railroad grade  
             crossing when the PUC has found the crossing to present a  
             threat to public safety.  

          The sponsor of this bill, the PUC, has broad and exclusive power  
             to regulate railroad crossings.  The PUC also sponsored AB  
             1665 (Galgiani, Chapter 721, Statutes of 2012), which enacted  
             the exemption that is the subject of SB 348.  

          According to the PUC, AB 660 (Galgiani, Chapter 315, Statutes of  
             2008) eliminated a provision from §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.  §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.  However, §21080.13 did not  
             include the closure of a railroad grade crossing.   As a  
             result, the PUC sponsored AB 1665, which exempts a railroad  








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             grade crossing when the PUC has found the crossing to present  
             a threat to public safety.  SB 348 seeks to extend the sunset  
             of the exemption provided in AB 1665.  
           
          Related/Prior Legislation
          
          SB 525 (Galgiani, 2013) would have provided that a project by  
          the San Joaquin Regional Rail Commission and the High-Speed Rail  
          Authority to improve the existing tracks, structure, bridges,  
          signaling systems, and associated appurtenances located on the  
          existing railroad right-of-way used by the Altamont Commuter  
          Expressway service would have qualified for the CEQA exemption  
          pursuant to PRC §21080(b)(10).  SB 525 died in the Senate  
          Environmental Quality Committee.

          AB 1665 (Galgiani, Chapter 721, Statutes of 2012) exempted the  
          closure of a railroad crossing by PUC order if the PUC found the  
          crossing presents a threat to public safety (except for a high  
          speed rail crossing), and sunsets January 1, 2016.

          AB 353 (Carter, 2008) would have authorized the California  
          Transportation Commission (CTC) to allocate $15 million in a  
          fiscal year to the highest five priority projects on the grade  
          separation program funding list; thus allowing four other  
          projects to receive a $15 million allocation during any fiscal  
          year.  AB 353 died in the Assembly Appropriations Committee.

          AB 660 (Galgiani, Chapter 315, Statutes of 2008), among other  
          things, redefined the terms "grade separation" and "project" for  
          purposes of the state's Section 190 Grade Separation Program.

          AB 633 (Galgiani, 2007) would have required the PUC and the  
          Department of Transportation to jointly prepare a report by  
          September 1, 2008, to the Legislature on the railroad-highway  
          at-grade separation program.  AB 633 was held in the Senate  
          Transportation and Housing Committee.

          AB 1785 (Bermudez, 2006) would have increased annual funding for  
          the grade separation program from $15 million to $70 million.   
          AB 1785 died in the Senate Appropriations Committee.

          AB 1853 (Matthews, 2006) would have revised the Grade Separation  








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          Projects program's prioritization formula.  AB 1853 died in the  
          Assembly Transportation Committee.

          AB 2630 (Benoit, Chapter 420, Statutes of 2006) removed the  
          restriction placed upon an applicant from receiving funding for  
          grade separation projects if it received funding within the  
          recent 10-year period.

          ACR 151 (Matthews, Chapter 133, Statutes of 2006) encouraged the  
          PUC to revise the prioritization formula used to add a factor  
          for delays that disproportionately affect emergency services.

          AB 453 (Benoit, Chapter 298, Statutes of 2005) authorized one  
          additional year for local agencies to complete state-funded  
          grade separation projects.

          AB 1067 (Frommer, Chapter 716, Statutes of 2005), in addition to  
          the provisions related to violations at rail-highway grade  
          crossings, authorized CTC to allocate up to $15 million to the  
          highest priority project on the PUC priority list.

          SB 549 (Johnson, Chapter 58, Statutes of 1982) enacted the  
          current CEQA grade separation exemption.

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


          SUPPORT:   (Per Senate Environmental Quality Committee analysis  
          - unable to reverify)


          California Public Utilities Commission (source)
          California Railroad Industry


          OPPOSITION:   (Per Senate Environmental Quality Committee  
          analysis - unable to reverify)


          None received









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          ARGUMENTS IN SUPPORT:     According to the PUC, Railroad  
          crossing accidents account for more deaths each year than all  
          gas, electric, telecom, and water accidents combined.  In 2014  
          alone, 33 fatalities occurred at railroad crossings, and 2015  
          has already witnessed one tragic railroad crossing accident in  
          Oxnard, California where a Metrolink train derailed after  
          hitting a truck, injuring 29 and killing the engineer.


          Prepared by:Joanne Roy / E.Q. / (916) 651-4108
          5/1/15 14:36:34


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