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SB 348 - An Act to Amend Sections 21080.13 and 21080.14 of the Public Resources Code, Relating to Environmental Quality.

California Environmental Quality Act: exemption: railroad crossings. 2015-2016 Legislature. View bill details
Author(s):
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 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… More
(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. Hide
 
Status:
The bill has become law (chaptered). 
Assembly Vote: On Passage

PASSED on July 16, 2015.

voted YES: 73 voted NO: 0
7 voted present/not voting

An Act to Amend Sections 21080.13 and 21080.14 of the Public Resources Code, Relating to Environmental Quality.

SB 348 — 2015-2016 Legislature

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 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… More
(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. Hide
Learn More
At LegInfo.ca.gov
Title
An Act to Amend Sections 21080.13 and 21080.14 of the Public Resources Code, Relating to Environmental Quality.
Author(s)
Cathleen Galgiani
Co-Authors
    Subjects
    • California Environmental Quality Act: exemption: railroad crossings
    Major Actions
    Introduced2/24/2015
    Referred to Committee
    Passed Senate Committee on Environmental Quality4/15/2015
    Passed Senate5/04/2015
    Passed Assembly Committee on Natural Resources6/22/2015
    Passed Assembly Committee on Appropriations7/08/2015
    Passed Assembly7/16/2015
    Presented to the governor (enrolled)7/30/2015
    Became law (chaptered).8/07/2015
    Bill History
    Chamber/CommitteeMotionDateResult
    select this voteSenate Committee on Environmental QualityDo pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar4/15/2015This motion PASSED the Senate Committee on Environmental Quality
    7 voted YES 0 voted NO 0 voted present/not voting
    select this voteSenateSenate 3rd Reading SB348 Galgiani5/04/2015This bill PASSED the Senate
    35 voted YES 0 voted NO 4 voted present/not voting
    select this voteAssembly Committee on Natural ResourcesDo pass and be re-referred to the Committee on [Appropriations]6/22/2015This motion PASSED the Assembly Committee on Natural Resources
    6 voted YES 0 voted NO 0 voted present/not voting
    select this voteAssembly Committee on AppropriationsDo pass.7/08/2015This motion PASSED the Assembly Committee on Appropriations
    10 voted YES 0 voted NO 0 voted present/not voting
    currently selectedAssemblySB 348 Galgiani Senate Third Reading By EGGMAN7/16/2015This bill PASSED the Assembly
    73 voted YES 0 voted NO 7 voted present/not voting
    ActionDateDescription
    Introduced2/24/2015
    2/24/2015Introduced. Read first time. To Com. on RLS. for assignment. To print.
    2/25/2015From printer. May be acted upon on or after March 27.
    3/05/2015Referred to Com. on E.Q.
    3/17/2015Set for hearing April 15.
    4/06/2015From committee with author's amendments. Read second time and amended. Re-referred to Com. on E.Q.
    select this voteVote4/15/2015Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar
    4/16/2015From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 649.) (April 15). Re-referred to Com. on APPR.
    4/17/2015Set for hearing April 27.
    4/27/2015From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
    4/28/2015Read second time. Ordered to third reading.
    5/04/2015Read third time. Passed. (Ayes 35. Noes 0. Page 880.) Ordered to the Assembly.
    select this voteSenate Vote on Passage5/04/2015Senate 3rd Reading SB348 Galgiani
    5/05/2015In Assembly. Read first time. Held at Desk.
    5/22/2015Referred to Com. on NAT. RES.
    select this voteVote6/22/2015Do pass and be re-referred to the Committee on [Appropriations]
    6/23/2015From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 22). Re-referred to Com. on APPR.
    select this voteVote7/08/2015Do pass.
    7/08/2015From committee: Do pass. (Ayes 10. Noes 0.) (July 8).
    7/09/2015Read second time. Ordered to third reading.
    7/16/2015Read third time. Passed. (Ayes 73. Noes 0. Page 2429.) Ordered to the Senate.
    7/16/2015In Senate. Ordered to engrossing and enrolling.
    currently selectedAssembly Vote on Passage7/16/2015SB 348 Galgiani Senate Third Reading By EGGMAN
    7/30/2015Enrolled and presented to the Governor at 10 a.m.
    8/07/2015Approved by the Governor.
    8/07/2015Chaptered by Secretary of State. Chapter 143, Statutes of 2015.

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    An Act to Amend Sections 21080.13 and 21080.14 of the Public Resources Code, Relating to Environmental Quality.: SB 348 Galgiani Senate Third Reading By EGGMAN

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    NamePartyDistrict$ From Interest Groups
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    $ From Interest Groups
    That Oppose
    Vote
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    Travis AllenRCA-72$0$0
    Toni G. AtkinsDCA-78$0$0
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    Ian C. CalderonDCA-57$0$0
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    Mike GattoDCA-43$0$0
    Mike A. GipsonDCA-64$0$0
    Jimmy GomezDCA-51$0$0
    Lorena S. GonzalezDCA-80$0$0
    Rich GordonDCA-24$0$0
    Adam C. GrayDCA-21$0$0
    Shannon GroveRCA-34$0$0
    David HadleyRCA-66$0$0
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    Roger HernandezDCA-48$0$0
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    Shirley N. WeberDCA-79$0$0
    Scott WilkRCA-38$0$0
    Das WilliamsDCA-37$0$0
    Jim WoodDCA-2$0$0

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