AB 1665 — California Environmental Quality Act: exemption: railroad crossings.

Summary

(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.

Bill Text

• Chaptered 09/28/12 - Chaptered Current pdf September 28, 2012
• Enrolled 08/27/12 - Enrolled pdf August 27, 2012
• Amended 08/06/12 - Amended Senate pdf August 06, 2012
• Amended 04/18/12 - Amended Assembly pdf April 18, 2012
• Introduced 02/14/12 - Introduced pdf February 14, 2012
• AB1665 View text html

Action History

1. September 28, 2012

   Chaptered by Secretary of State - Chapter 721, Statutes of 2012.

2. September 28, 2012

   Approved by the Governor.

3. August 30, 2012

   Enrolled and presented to the Governor at 4:30 p.m.

4. August 22, 2012

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 56. Noes 21. Page 6144.).

5. August 20, 2012

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 22 pursuant to Assembly Rule 77.

6. August 20, 2012

   Read third time. Passed. Ordered to the Assembly. (Ayes 28. Noes 8. Page 4575.).

7. August 07, 2012

   Read second time. Ordered to third reading.

8. August 06, 2012

   From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

9. August 06, 2012

   Read second time and amended. Re-referred to Com. on APPR.

10. August 06, 2012

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (July 2).

11. May 31, 2012

    Referred to Com. on E.Q.

12. May 21, 2012

    In Senate. Read first time. To Com. on RLS. for assignment.

13. May 21, 2012

    Read third time. Passed. Ordered to the Senate. (Ayes 51. Noes 22. Page 4912.)

14. May 10, 2012

    Read second time. Ordered to third reading.

15. May 09, 2012

    From committee: Do pass. (Ayes 12. Noes 5.) (May 9).

16. April 24, 2012

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 23). Re-referred to Com. on APPR.

17. April 19, 2012

    Re-referred to Com. on NAT. RES.

18. April 18, 2012

    From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.

19. April 16, 2012

    In committee: Set, second hearing. Hearing canceled at the request of author.

20. March 26, 2012

    In committee: Set, first hearing. Hearing canceled at the request of author.

21. February 23, 2012

    Referred to Com. on NAT. RES.

22. February 15, 2012

    From printer. May be heard in committee March 16.

23. February 14, 2012

    Read first time. To print.

Sponsors

• Galgiani · Primary

Votes

Subjects