BILL NUMBER: SB 348	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Galgiani

                        FEBRUARY 24, 2015

   An act to amend Section 21080.14 of the Public Resources Code,
relating to environmental quality.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  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,
 2016,   2019,  and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1,  2016,   2019,  deletes or
extends that date.
  SEC. 2.  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.