Bill Text: CA SB79 | 2025-2026 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Housing development: transit-oriented development.
Sponsorship: Partisan Bill (Democrat 4)
Status: (Passed) 2025-10-10 - Chaptered by Secretary of State. Chapter 512, Statutes of 2025. [SB79 Detail]
Download: California-2025-SB79-Amended.html
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CALIFORNIA LEGISLATURE—
2025–2026 REGULAR SESSION
Senate Bill
No. 79
| Introduced by Senator Wiener |
January 15, 2025 |
An act to add Chapter 4.1.5 (commencing with Section 65912.155) to Division 1 of Title 7 of the Government Code, and to add Section 21080.26.5 to the Public Resources Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 79, as amended, Wiener.
Housing development: transit-oriented development: California Environmental Quality Act: public transit agency land. development.
(1) Existing law, the Planning and Zoning Law, requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that contains certain mandatory elements, including a land use element and a housing element. Existing law requires that the land use element designate the proposed general distribution and general location and extent of the uses of the land, as specified. Existing law requires that the housing element consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing, as specified. Existing law requires that the housing element include, among other things, an assessment
of housing needs and an inventory of resources and constraints that are relevant to the meeting of these needs, including an inventory of land suitable for residential development, as provided. Existing law, for the 4th and subsequent revisions of the housing element, requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region, as specified, and requires the appropriate council of local governments, or the department for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each locality in the region.
Existing law, the Housing Accountability Act, among other things, requires a local agency that proposes to disapprove a housing development project, as defined, or to impose a condition that the project be developed at a lower density to base its decision on written findings supported by a
preponderance of the evidence that specified conditions exist if that project complies with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time that the application was deemed complete. The act authorizes the applicant, a person who would be eligible to apply for residency in the housing development project or emergency shelter, or a housing organization to bring an action to enforce the act’s provisions, as provided, and provides for penalties if the court finds that the local agency is in violation of specified provisions of the act.
This bill would require that a housing development project, as defined, proposed within a specified distance of a transit-oriented development (TOD) stop, as defined, be an allowed use on any site zoned for residential, mixed, or commercial development, if the development complies with applicable requirements, as specified. The bill would establish requirements concerning height
limits, density, and floor area ratio in accordance with a development’s proximity to specified tiers of TOD stops, as provided. The bill would provide that, for the purposes of the Housing Accountability Act, a proposed development consistent with the applicable standards of these provisions shall be deemed consistent, compliant, and in conformity with prescribed requirements, as specified. The bill would provide that a local government that denies a project meeting the requirements of these provisions located in a high-resource area, as defined, would be presumed in violation of the Housing Accountability Act, as specified, and immediately liable for penalties, as provided. The bill would specify that a development proposed pursuant to these provisions is eligible for streamlined, ministerial approval pursuant to specified law, except that the bill would exempt a project under these provisions from specified requirements, and would specify that the project is required to comply with certain affordability
requirements, under that law.
This bill would require a proposed development to comply with specified requirements under existing law relating to the demolition of existing residential units and to include housing for lower income households, as specified. The bill would also authorize a transit agency to adopt objective standards for both residential and commercial development proposed pursuant to these provisions if the development would be constructed on land owned by the transit agency or on which the transit agency has a permanent operating easement, if the land is within 1/2 mile of a TOD stop and the objective standards allow for the same or greater development intensity as allowed by local standards or applicable state law.
This bill would authorize a local government to enact a local TOD alternative plan as an
amendment to the housing element and land use element, and would exempt a local government that has enacted a local TOD alternative plan from the above-specified provisions. The bill would require the plan to maintain at least the same total increase in feasible zoned capacity, in terms of both total units and residential floor area, as provided by these provisions across all TOD zones, as defined. The bill would require a local government, except as provided, to submit the draft plan to the department and would require the department to assess the plan and recommend changes to remove unnecessary constraints on housing.
This bill would require the Department of Housing and Community Development to oversee compliance with the bill’s provisions, including, but not limited to, promulgating specified standards relating to the inventory of land included within a county’s or city’s housing element. The bill would authorize the regional council of governments or
metropolitan planning organization to create a map of designated TOD stops and zones, which would have a rebuttable presumption of validity. The bill would authorize a local government to enact an ordinance to make its zoning code consistent with these provisions, as provided. The bill would require the local government to submit a copy of this ordinance to the department within 60 days of enactment and would require the department to review the ordinance for compliance, as specified. If the department finds an ordinance is out of compliance, and the local government does not take specified steps to address compliance, the bill would require the department to notify the local government in writing and authorize the department to notify the Attorney General, as provided.
This bill would define various terms for its purposes and make related findings and declarations.
This bill would include findings that
changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
By increasing the duties of local officials, this bill would impose a state-mandated local program.
(2)Existing law, 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, until January 1, 2030, exempts from its
requirements certain transportation-related projects if specified requirements are met, as provided. CEQA includes within these exempt transportation-related projects a public project for the institution or increase of bus rapid transit, bus, or light rail service, or other passenger rail service, that will be exclusively used by low-emission or zero-emission vehicles, on existing public rights-of-way or existing highway rights-of-way.
This bill would exempt from CEQA a public or private residential, commercial, or mixed-used project that, at the time the project application is filed, is located entirely or principally on land owned by a public transit agency, or fully or partially encumbered by an existing operating easement in favor of a public transit agency, and meets specified requirements. The bill would provide that, for a project that requires the construction of new passenger rail storage and maintenance facilities at a publicly or privately owned offsite
location distinct from the principal project site, that project would be considered a wholly separate project from the project described in these provisions and shall not be exempt from CEQA.
(3)
(2) This bill would provide that the provisions of this bill are severable.
(4)By increasing the duties of local officials, this bill would impose a state-mandated local program.
The
(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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 4.1.5 (commencing with Section 65912.155) is added to Division 1 of Title 7 of the Government Code, to read:CHAPTER 4.1.5. Transit-Oriented Development
65912.155.
The Legislature finds and declares all of the following:(a) California faces a housing shortage both acute and chronic, particularly in areas with access to robust public transit infrastructure.
(b) Building more homes near transit access reduces housing and transportation costs for California families, and promotes environmental sustainability, economic growth, and reduced traffic congestion.
(c) Public transit systems require sustainable funding to provide reliable service, especially in areas experiencing increased density and ridership. The state
does not invest in public transit service to the same degree as it does in roads, and the state funds a smaller proportion of the state’s major transit agencies’ operations costs than other states with comparable systems. Transit systems in other countries derive significant revenue from transit-oriented development at and near their stations.
65912.156.
For purposes of this chapter, the following definitions apply:(a) “Adjacent” means sharing a property line with a transit stop, including any parcels that serve a parking or circulation purpose related to the stop.
(b) “Commuter rail” means a rail transit service not meeting the standards for heavy rail or light rail, excluding California High-Speed Rail and Amtrak Long Distance Service.
(c) “Department” means the Department of Housing and Community Development.
(d) “Frequent commuter rail” means
a commuter rail service with a total of at least 24 daily trains per weekday across both directions and not meeting the standard for very high or high-frequency commuter rail at any point in the past three years.
(e) “Heavy rail transit” means an electric railway with the capacity for a heavy volume of traffic using high-speed and rapid acceleration passenger rail cars operating singly or in multicar trains on fixed rails, separate rights-of-way from which all other vehicular and foot traffic are excluded, and high platform loading.
(f) “High-frequency commuter rail” means a commuter rail service operating a total of at least 48 trains per day across both directions at any point in the past three years.
(g) “High-resource
area” means a highest resource or high-resource neighborhood opportunity area, as used in the opportunity area maps published annually by the California Tax Credit Allocation Committee and the department.
(h) “Housing development project” has the same meaning as defined in Section 65589.5.
(i) “Light rail transit” includes streetcar, trolley, and tramway service.
(j) “Net habitable square footage” means the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces,
cellars, half-stories, and unfinished attics and basements.
(k) “Rail transit” has the same meaning as defined in Section 99602 of the Public Utilities Code.
(l) “Residential floor area ratio” means the ratio of net habitable square footage dedicated to residential use to the area of the lot.
(m) “Tier 1 transit-oriented development stop” means a transit-oriented development stop within an urban transit county served by heavy rail transit or very high frequency commuter rail.
(n) “Tier 2 transit-oriented development stop” means a transit-oriented development stop within an urban transit county, excluding a Tier 1 transit-oriented development stop, served by light
rail transit, by high-frequency commuter rail, or by bus service meeting the standards of paragraph (1) of subdivision (a) of Section 21060.2 of the Public Resources Code.
(o) “Tier 3 transit-oriented development stop” means a
transit-oriented development stop within an urban transit county, excluding a Tier 1 or Tier 2 transit-oriented development stop, served by frequent commuter rail service or by ferry service; or any transit-oriented development stop not within an urban transit county; or any major transit stop otherwise so designated by the applicable authority.
(p) “Transit-oriented development stop” means a major transit stop, as defined by Section 21155 of the Public Resources Code,
served by heavy rail transit, very high frequency commuter rail, high frequency commuter rail, light rail transit, bus service meeting the standards of paragraph (1) of subdivision (a) of Section 21060.2 of the Public Resources Code, frequent commuter rail service, or ferry service, or otherwise so designated by the applicable authority.
(q) “Urban transit county” means a county with more than 15 rail stations.
(r) “Very high frequency commuter rail” means a commuter rail service with a total of at least 72 trains per day across both directions at any point in the past three years.
65912.157.
(a) A housing development project within one-half or one-quarter mile of a transit-oriented development stop shall be an allowed use on any site zoned for residential, mixed, or commercial development, if the development complies with the applicable of all of the following requirements:(1) For a residential development within one-quarter mile of a Tier 1 transit-oriented development stop, all of the following apply:
(A) A development may be built up to 75 feet high, or up to the local height limit, whichever is greater.
(B) A local
government shall not impose any maximum density of less than 120 dwelling units per acre. The development proponent may seek a further increased density in accordance with applicable density bonus law.
(C) A local government shall not enforce any other local development standard or combination of standards that would prevent achieving a residential floor area ratio of up to 3.5.
(D) A development that otherwise meets the eligibility requirements of Section 65915, including, but not limited to, affordability requirements, shall be eligible for three additional concessions pursuant to Section 65915.
(2) For a residential development further than one-quarter mile but within one-half mile of a Tier 1 transit-oriented development
stop, all of the following apply:
(A) A development may be built up to 65 feet high, or up to the local height limit, whichever is greater.
(B) A local government shall not impose any maximum density standard of less than 100 dwelling units per acre. The development proponent may seek a further increased density in accordance with applicable density bonus law.
(C) A local government shall not enforce any other local development standard or combination of standards that would prevent achieving a residential floor area ratio of up to 3.
(D) A development that otherwise meets the eligibility requirements of Section 65915, including, but not limited
to, affordability requirements, shall be eligible for two additional concessions pursuant to Section 65915.
(3) For a residential development within one-quarter mile of a Tier 2 transit-oriented development stop, all of the following apply:
(A) A development may be built up to 65 feet high, or up to the local height limit, whichever is greater.
(B) A local government shall not impose any maximum density standard of less than 100 dwelling units per acre. The development proponent may seek a further increased density in accordance with applicable density bonus law.
(C) A local government shall not enforce any other local development standard or combination of
standards that would prevent achieving a residential floor area ratio of up to 3.
(D) A development that otherwise meets the eligibility requirements of Section 65915, including, but not limited to, affordability requirements, shall be eligible for two additional concessions pursuant to Section 65915.
(4) For a residential development further than one-quarter mile but within one-half mile of a Tier 2 transit-oriented development stop, all of the following apply:
(A) A development may be built up to 55 feet high, or up to the local height limit, whichever is greater.
(B) A local government shall not impose any maximum density standard of less than 80 dwelling
units per acre. The development proponent may seek a further increased density in accordance with applicable density bonus law.
(C) A local government shall not enforce any other local development standard or combination of standards that would prevent achieving a residential floor area ratio of up to 2.5.
(D) A development that otherwise meets the eligibility requirements of Section 65915, including, but not limited to, affordability requirements, shall be eligible for one additional concession pursuant to Section 65915.
(5) For a residential development within one-quarter mile of a Tier 3 transit-oriented development stop, all of the following apply:
(A) A
development may be built up to 55 feet high, or up to the local height limit, whichever is greater.
(B) A local government shall not impose any maximum density standard of less than 80 dwelling units per acre. The development proponent may seek a further increased density in accordance with applicable density bonus law.
(C) A local government shall not enforce any other local development standard or combination of standards that would prevent achieving a residential floor area ratio of up to 2.5.
(D) A development that otherwise meets the eligibility requirements of Section 65915, including, but not limited to,
affordability requirements, shall be eligible for one additional concession pursuant to Section 65915.
(6) For a residential development further than one-quarter mile but within one-half mile of a Tier 3 transit-oriented development stop, all of the following apply:
(A) A development within an urban transit county may be built up to 45 feet high, or up to the local height limit, whichever is greater. A development not within an urban transit county may be built up to the local height limit.
(B) A local government shall not impose any maximum density standard of less than 60 dwelling units per acre. The development proponent may seek a further increased density in accordance with applicable density
bonus law.
(C) A local government shall not enforce any other local development standard or combination of standards that would prevent achieving a residential floor area ratio of up to 2.
(b) A local government may still enact and enforce standards, including an inclusionary zoning requirement that applies generally within the jurisdiction, that do not, alone or in concert, prevent achieving the applicable development standards of subdivision (a).
(c) If a development proposes a height under this section in excess of the local height limit, then a local government shall not be required to grant a waiver, incentive, or concession pursuant to Section 65915 for additional height beyond that specified in this section,
except as provided in subparagraph (D) of paragraph (2) of subdivision (d) of Section 65915.
(d) Notwithstanding any other law, a housing development project that meets any of the eligibility criteria under subdivision (a) and is immediately adjacent to a Tier 1, Tier 2, or Tier 3 transit-oriented development stop shall be eligible for an adjacency intensifier to increase the height limit by an additional 20 feet, the maximum density standard by an additional 40 dwelling units per acre, and the residential floor area ratio by 1.
(e) A development proposed pursuant to this section shall comply with the antidisplacement requirements of Section 66300.6. This subdivision shall apply to any city or county.
(f) A development
proposed pursuant to this section shall include
housing for lower income households in one of the following ways:
(1) If there is a local inclusionary zoning ordinance or affordable housing fee, it shall comply with the requirements of that ordinance or fee.
(2) (A) If there is no local inclusionary ordinance or affordable housing fee, a development of more than 10 units shall meet the requirements to qualify for a density bonus pursuant to subdivision (b) of Section 65915 or a local ordinance.
(B) This paragraph shall not apply to any development of 10 units or less.
(g) For purposes of subdivision (j) of Section 65589.5, a proposed housing development project that
is consistent with the applicable standards from this chapter shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision. This subdivision shall not require a ministerial approval process or modify the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code.
(h) A local government that denies a housing development project meeting the requirements of this section that is located in a high-resource area shall be presumed to be in violation of the Housing Accountability Act (Section 65589.5) and immediately liable for penalties pursuant to subparagraph (B) of paragraph (1) of subdivision (k) of Section 65589.5, unless the local government demonstrates, pursuant to the standards in subdivisions (j) and (o) of
Section 65589.5, that it has a health, life, or safety reason for denying the project.
65912.158.
(a) Notwithstanding any other provision of this chapter, a transit agency may adopt objective standards for both residential and commercial developments proposed to be constructed on land owned by the transit agency or on which the transit agency has a permanent operating easement, if the land is within one-half mile of a transit-oriented development stop and the objective standards allow for the same or greater development intensity as that allowed by local standards or applicable state law.(b) The board of a transit agency may vote to designate a major transit stop served by the agency as a Tier 3 transit-oriented development stop for the purposes of this section.
65912.159.
(a) A housing development project proposed pursuant to Section 65912.157 shall be eligible for streamlined ministerial approval pursuant to Section 65913.4 in accordance with all of the following:(1) The proposed project shall be exempt from subparagraph (A) of paragraph (4) of, paragraph (5) of, and clause (iv) of subparagraph (A) of paragraph (6) of, subdivision (a) of Section 65913.4.
(2) The proposed project shall comply with the affordability requirements in subclauses (I) to (III), inclusive, of clause (i) of subparagraph (B) of paragraph (4) of subdivision (a) of Section 65913.4.
(3) The proposed project shall comply with all other requirements of Section 65913.4, including, but not limited to, the prohibition against a site that is within a very high fire hazard severity zone, pursuant to subparagraph (D) of paragraph (6) of subdivision (a) of Section 65913.4.
(b) Any housing development proposed pursuant to Section 65912.157 not seeking streamlined approval under Section 65913.4 shall be reviewed according to the jurisdiction’s development review process and Section 65589.5, except that any local zoning standard conflicting with the requirements of this chapter shall not apply.
65912.160.
(a) The department shall oversee compliance with this chapter, including, but not limited to, promulgating standards on how to account for capacity pursuant to this chapter in a city or county’s inventory of land suitable for residential development, pursuant to Section 65583.2.(b) The regional council of governments or metropolitan planning organization may create a map of transit-oriented development stops and zones designated under this chapter. This map shall have a rebuttable presumption of validity for use by project applicants and local governments.
(c) (1) A local
government may enact an ordinance to make its zoning code consistent with the provisions of this chapter, subject to review by the department pursuant to paragraph (3).
(2) The ordinance described in paragraph (1) shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(3) (A) A local government shall submit a copy of any ordinance enacted pursuant to this section to the department within 60 days of enactment.
(B) Upon receipt of an ordinance pursuant to this paragraph, the department shall review that ordinance and determine whether it complies with this section. If the department determines that the ordinance does not comply with this
section, the department shall notify the local government in writing and provide the local government a reasonable time, not to exceed 30 days, to respond before taking further action as authorized by this section.
(C) The local government shall consider any findings made by the department pursuant to subparagraph (B) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Enact the ordinance without changes. The local government shall include findings in its resolution adopting the ordinance that explain the reasons the local government believes that the ordinance complies with this section despite the findings of the department.
(D) If the local government does not amend its ordinance in response to the department’s findings or does not adopt a resolution
with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local government and may notify the Attorney General that the local government is in violation of this section.
65912.161.
(a) A local government may enact a local transit-oriented development alternative plan as an amendment to the housing element and land use element of its general plan, subject to review by the department.(1) (A) A local transit-oriented development alternative plan shall maintain at least the same total increase in feasible zoned capacity, in terms of both total units and residential floor area, as provided for in this chapter across all transit-oriented development zones within the jurisdiction.
(i) The plan shall not reduce the capacity in any station area, in total units or
residential floor area, by more than 50 percent.
(ii) The plan shall not reduce the allowed density for any individual site allowing residential use by more than 50 percent below that permitted under this chapter.
(iii) A site’s maximum feasible capacity counted toward the plan shall be not more than 200 percent of the maximum density established under this chapter.
(B) For the purposes of this paragraph, both of the following definitions apply:
(i) “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.
(ii) “Transit-oriented development zone” means the eligible area around a qualifying transit-oriented development stop.
(2) A local transit-oriented development alternative plan may designate any other major transit stop or stop along a high-quality transit corridor that is not already identified as a transit-oriented development stop as a Tier 3 transit-oriented development stop. A local transit-oriented development plan consisting solely of adding additional major transit stops as transit-oriented development stops shall be exempt from the requirements of paragraph (4).
(3) A local transit-oriented development alternative plan may consist of an existing local transit-oriented zoning ordinance, overlay zone, specific
plan, or zoning incentive ordinance, provided that it applies to all residential properties within the transit-oriented development area and provides at least the same total feasible capacity for units and floor area as Section 65912.157.
(4) Prior to enacting a local transit-oriented development alternative plan, the local government shall submit the draft plan to the department for review. The submission shall include any amendments to the local zoning ordinances, any applicable objective design standards that would apply to transit-oriented developments, and assessments of the plan’s impact on development feasibility and fair housing. The department shall assess whether the plan maintains at least an equal feasible developable housing capacity as the baseline established under this section as well as the plan’s effects on fair housing
relative to the baseline established under this section, and shall recommend changes to remove unnecessary constraints on housing from the plan.
(b) Section 65912.157 shall not apply within a jurisdiction that has a local transit-oriented alternative plan that has been approved by the department as satisfying the requirements of this section in effect. The department’s approval pursuant to this subdivision shall be valid through the jurisdiction’s next amendment to the housing element of its general plan.
65912.162.
The Legislature finds and declares that the state faces a housing crisis of availability and affordability, in large part due to a severe shortage of housing, and solving the housing crisis therefore requires a multifaceted, statewide approach, including, but not limited to, encouraging an increase in the overall supply of housing, encouraging the development of housing that is affordable to households at all income levels, removing barriers to housing production, expanding homeownership opportunities, and expanding the availability of rental housing, and is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities.(a)For the purposes of this section, “public project” means a project constructed by either a public agency or private entity, that, upon the completion of the construction, will be operated by a public agency.
(b)This division shall not apply to a public or private residential, commercial, or mixed-use project that, at the time the project application is filed, is located entirely or principally on land owned by a public transit agency, or fully or partially encumbered by an existing operating easement in favor of a public transit agency, and that includes at least one of the following:
(1)A project component identified in paragraphs (1) to (5), inclusive, or paragraph (7) of subdivision (b) of Section 21080.25.
(2)A public project for passenger rail service facilities, other than light rail service eligible under paragraph (5) of subdivision (b) of Section 21080.25, including the construction, reconfiguration, or rehabilitation of stations, terminals, rails, platforms, or existing operations facilities, which will be exclusively used by zero-emission or electric trains. The project shall be located on land owned by a public transit agency, or land fully or partially encumbered by an existing operating easement in favor of a public transit agency, at the time the project application is filed.
(3)An agreement between the project applicant and public transit agency that owns the land or has the permanent operating easement to finance transit capital infrastructure, transit maintenance, or transit operations, including through a proposed public financing district, community financing district, or tax increment generated by the project.
(c)If the project described in paragraph (1) of subdivision (b) is located on land fully or partially encumbered by an existing operating easement in favor of a public transit agency at the time the project application is filed, the transit agency, the grantor of the easement, and all fee owners of the property encumbered by the easement must sponsor or consent to the application. Nothing in this section shall be interpreted to authorize a transit agency to construct a project described in paragraph (1) of subdivision (b) unless permitted by its operating easement or
unless the easement is terminated, in each case prior to the commencement of construction.
(d)If a project described in subdivision (b) requires the construction of new passenger rail storage and maintenance facilities at a publicly or privately owned offsite location distinct from the principal project site, then that project shall be considered a wholly separate project from the project described in subdivision (b) and shall not be exempt from this division. Any required environmental review shall not affect or render invalid the exemption provided in subdivision (b), regardless of whether the project described in subdivision (b) cannot proceed unless the offsite facilities are constructed.
