Bill Text: CA AB1665 | 2011-2012 | Regular Session | Chaptered
Bill Title: California Environmental Quality Act: exemption:
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-09-28 - Chaptered by Secretary of State - Chapter 721, Statutes of 2012. [AB1665 Detail]
Download: California-2011-AB1665-Chaptered.html
BILL NUMBER: AB 1665 CHAPTERED
BILL TEXT
CHAPTER 721
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2012
APPROVED BY GOVERNOR SEPTEMBER 28, 2012
PASSED THE SENATE AUGUST 20, 2012
PASSED THE ASSEMBLY AUGUST 22, 2012
AMENDED IN SENATE AUGUST 6, 2012
AMENDED IN ASSEMBLY APRIL 18, 2012
INTRODUCED BY Assembly Member Galgiani
FEBRUARY 14, 2012
An act to add and repeal Section 21080.14 of the Public Resources
Code, relating to environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
AB 1665, 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 (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 an existing grade crossing or reconstruct an
existing grade separation.
Existing law grants the Public Utilities Commission (PUC) the
authority to regulate railroad crossings, as prescribed.
This bill would, until January 1, 2016, exempt from CEQA 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.
CEQA authorizes a state agency, whenever it determines that a
project is not subject to CEQA pursuant to designated provisions and
the state agency approves or determines to carry out the project, to
file a specified notice of that approval or determination with the
Office of Planning and Research. CEQA authorizes a local agency,
whenever it determines that a project is not subject to CEQA pursuant
to designated provisions and the local agency approves or determines
to carry out the project, to file a specified notice of that
approval or determination with the county clerk of each county in
which the project will be located.
This bill would require a state agency that determines that such a
railroad closure grade crossing project is not subject to CEQA, and
the state agency approves or determines to carry out that project, to
file a specified notice with the Office of Planning and Research.
The bill also would require a local agency that makes such a
determination, and approves or determines to carry out that project,
to file a specified notice with the Office of Planning and Research
and with the county clerk in each county in which the project will be
located. Because the bill would impose new duties on local agencies
with regard to providing notice of project determinations, 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21080.14 is added to the Public Resources Code,
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, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
