BILL ANALYSIS Ó
SB 348
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Date of Hearing: June 22, 2015
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, Chair
SB
348 (Galgiani) - As Amended April 6, 2015
SENATE VOTE: 35-0
SUBJECT: California Environmental Quality Act: exemption:
railroad crossings
SUMMARY: Extends until 2019 the exemption from the California
Environmental Quality Act (CEQA) of 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, until January 1, 2016, the closure of a
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railroad grade crossing by order of the PUC when the PUC has
found the crossing to present a threat to public safety. Any
crossing for high-speed rail is excluded. A state or local
agency claiming the exemption is required to file a notice
with the Office of Planning and Research (OPR).
3)Exempts from CEQA any railroad grade separation project which
eliminates an existing grade crossing or which reconstructs an
existing grade separation.
4)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:
1)Extends the sunset on the exemption for closure of a railroad
grade crossing from January 1, 2016 to January 1, 2019.
2)Requires a state or local agency claiming the grade separation
exemption to file a notice with OPR.
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
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, 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
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claiming a CEQA exemption for the closure of an at-grade
crossing.
To confirm its ability to claim a CEQA exemption for orders to
close at-grade crossing found to be unsafe, the PUC sponsored AB
1665 (Galgiani), Chapter 721, Statutes of 2012, which created
the exemption that is the subject of this bill. Since AB 1665
was enacted, the exemption has not been used. However, the
exemption may be used for a pending railroad crossing project in
Glendale. This bill extends the application of the exemption
for three years so that it may be used for the Glendale project,
as well as potential future projects. The exemption is 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)
BNSF Railway Company
California Short Line Railroad Association
California Teamsters Public Affairs Council
Union Pacific Railroad Company
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Opposition
None on file
Analysis Prepared by:Lawrence Lingbloom / NAT. RES. / (916)
319-2092