Added by Stats. 2025, Ch. 224, Sec. 2. (SB 544) Effective January 1, 2026.
(a)The commission, upon initiating a ratesetting proceeding, shall determine whether the proceeding is an exempt railroad crossing application. If the application is deemed an exempt railroad crossing application, the commission shall issue a proposed resolution with an expedited review and approval process pursuant to subdivisions (b) and (c).
(b)Before exempting any applications pursuant to subdivision (a), the commission shall adopt an expedited review and approval process for exempt railroad crossing applications at a voting meeting after considering input from stakeholders and other public comments.
(c)The process adopted by the commission pursuant to subdivision (b)
shall, at minimum, require public notice of the application and service of the application to relevant stakeholders, including, but not limited to, railroads, rail transit agencies, and local authorities, including county and regional transportation authorities. The resolution of an exempt railroad crossing application shall be publicly noticed on the commission’s voting agenda and be subject to public comment.
(d)For purposes of this section, “exempt railroad crossing application” means a railroad application submitted pursuant to Sections 1201 to 1205, inclusive, with clear public benefit, without valid protest objecting, in whole or in part, to the application, and where the commission determines there is no need for an evidentiary hearing or a more comprehensive review.
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