BILL NUMBER: SB 348 CHAPTERED
BILL TEXT
CHAPTER 143
FILED WITH SECRETARY OF STATE AUGUST 7, 2015
APPROVED BY GOVERNOR AUGUST 7, 2015
PASSED THE SENATE MAY 4, 2015
PASSED THE ASSEMBLY JULY 16, 2015
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Galgiani
FEBRUARY 24, 2015
An act to amend Sections 21080.13 and 21080.14 of the Public
Resources Code, relating to environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
SB 348, Galgiani. California Environmental Quality Act: exemption:
railroad crossings.
(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 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.
(2) Existing law grants to the Public Utilities Commission (PUC)
the authority to regulate railroad crossings, as prescribed. CEQA,
until January 1, 2016, exempts from 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. 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 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 postpone until January 1, 2019, the repeal date
for those provisions. Because the bill would impose additional duties
on local agencies with regard to the filing of a notice of
exemption, the bill would impose a state-mandated local program.
(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.
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 that eliminates an existing grade crossing or
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.
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. 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.