BILL NUMBER: SB 348 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Galgiani
FEBRUARY 24, 2015
An act to amend Section Sections 21080.13
and 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.
The
(1) 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. 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.
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.
Existing
(2) Existing law grants to the
Public Utilities Commission (PUC) the authority to regulate railroad
crossings, as prescribed. Existing law, CEQA,
until January 1, 2016, exempts from CEQA
its requirements 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
CEQA 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 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.
This bill would extend to January 1, 2019
2019, the repeal date for those provisions. Because the bill
would impose additional duties on local agencies with regard to
providing the filing of a notice of
an exemption from CEQA, exemption, 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.
(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.
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 21080.13 of the
Public Resources Code is amended to read:
21080.13. (a) This division shall not apply
to any railroad grade separation project which
that eliminates an existing grade crossing or
which that reconstructs an existing grade
separation.
(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.
(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.
SECTION 1. SEC. 2. 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.
SEC. 2. SEC. 3. 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.