As used in this division, “department” means the Department of Transportation.
Preservation of Future Transportation Options
Section § 33910
This section of the law specifies that whenever the term "department" is used within this division, it refers to the Department of Transportation.
Department of Transportation definition of department meaning of department
Section § 33911
The law allows a department to accept land and money donations from local groups and private entities to acquire land for future transport projects.
When this land is acquired for transportation purposes and is part of a designated priority corridor, they don't need to meet the usual environmental review process.
The department may receive donations of land and funds for the acquisition of land from local agencies, including special districts, and private entities. Land acquired by the department through donation, purchase, or by any other means, shall be maintained by the department for future transportation purposes. The acquisition of land by the department for that purpose is not subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000)) if the land, when received or acquired, is within a statewide or regional priority corridor designated pursuant to Section 65081.3 of the Government Code and the applicable regional transportation planning agency has complied with Section 33913 of the Government Code.
land donations transportation projects priority corridor
Section § 33912
This section outlines how certain funds related to the Department of Transportation should be used. If there is leftover money from a specific appropriation that isn't committed to property purchases or offers made before July 1, 1993, this money must be used for the purposes specified in this division, but only if the Legislature approves it. Additionally, any money made from selling property acquired through this division must also be used for the same purposes, pending legislative approval.
(a)CA Public Resources Code § 33912(a) Of the funds appropriated to the Department of Transportation by Section 161030 of the Public Utilities Code, all money remaining on July 1, 1993, that is neither encumbered nor needed by the department to comply with the terms of any offer to purchase property that was made to the owner on or before July 1, 1993, shall be used, upon appropriation by the Legislature, for purposes of this division.
(b)CA Public Resources Code § 33912(b) The proceeds of the sale of any property acquired pursuant to this division shall be used, upon appropriation by the Legislature, for the purposes of this division.
Department of Transportation funds remaining funds Property sale proceeds
Section § 33913
This section explains the process for acquiring land in certain important areas for transportation facilities in California. Land can be acquired if it's located in a vital transportation corridor. When other groups propose land acquisition, their proposals must be reviewed by the local regional transportation planning agency. This agency will hold a public hearing to assess if the transportation facilities can be built without harming the environment significantly. They base their assessment on several factors, including an environmental impact report, input from the Department of Fish and Game, and any public comments. The Department of Fish and Game must provide its feedback within 30 days, or it won't count.
Land may be acquired by the department if the land is located in a designated corridor of statewide or regional priority as determined pursuant to Section 65081.3 of the Government Code. Proposals by other entities for the acquisition of land by the department shall be submitted to the regional transportation planning agency in whose jurisdiction the land is located for review and recommended action, and be approved by the department. No proposal shall be approved by the department pursuant to this section unless the regional transportation planning agency, after a public hearing, finds that the range of potential transportation facilities to be located on the land can be constructed in a manner which will avoid or mitigate significant environmental impacts or values identified in subdivisions (a), (b), and (c). The regional transportation planning agency is not required to comply with the California Environmental Quality Act in any manner, other than complying with the provisions of subdivision (a), in order to make this finding, if it has prepared an environmental review of the corridor of statewide or regional priority in which the land is located pursuant to Section 65081.3 of the Government Code. The regional transportation planning agency shall base its finding on a consideration of each of the following:
(a)CA Public Resources Code § 33913(a) The information contained in the environmental impact report prepared pursuant to Section 65081.3 of the Government Code and a document describing the proposed land acquisition which includes the content of an initial study described in subdivision (d) of Section 15063 of Title 14 of the California Code of Regulations (California Environmental Quality Act Guidelines). However, the study need not include greater specificity about the type or nature of the proposed transportation project than has been provided in action by the governing body of the project applicant agency.
(b)CA Public Resources Code § 33913(b) Review by the Department of Fish and Game. The Department of Fish and Game shall make the results of its review of the proposed land acquisition known to the regional transportation planning agency no later than 30 days after the acquisition is submitted to them by the regional transportation planning agency for review, or its comments shall not be considered in the finding.
(c)CA Public Resources Code § 33913(c) Other information submitted to the regional transportation planning agency in the public hearing or in writing regarding the proposed acquisition by the department.
land acquisition transportation corridors regional transportation planning agency
Section § 33914
This section states that decisions made under this division aren't enough on their own to prove a transportation project follows the California Environmental Quality Act (CEQA) requirements. In other words, just because something is approved under this division doesn't mean it automatically meets environmental regulations for construction.
The determinations made pursuant to this division shall not constitute the basis for a determination of compliance with the California Environmental Quality Act for purposes of constructing the transportation project.
California Environmental Quality Act CEQA compliance transportation project
Section § 33915
This law states that buying and holding land for certain purposes is considered beneficial to the public, even if another law might suggest otherwise.
The acquisition and holding of land under this division constitutes a public purpose, notwithstanding Section 1240.220 of the Code of Civil Procedure.
land acquisition public purpose land holding
Section § 33916
This law ensures that even with the regulations in this particular division, the department still retains the power given by Section 104.6 of the Streets and Highways Code.
Nothing in this division limits the authority conferred on the department by Section 104.6 of the Streets and Highways Code.
authority retention Streets and Highways Code Section 104.6
Section § 33917
This law allows transportation organizations in specific regions, like planning agencies or county transportation commissions, to set up an entity focused on preserving transportation corridors. They can also create a special account to manage this process. Additionally, certain rules from other sections apply to these preservation entities.
(a)CA Public Resources Code § 33917(a) A transportation planning agency, a county transportation commission, or a county transportation authority may create a transportation corridor preservation entity within the area of its jurisdiction and may create a corridor preservation account.
(b)CA Public Resources Code § 33917(b) Sections 33911, 33913, 33914, and 33915 apply to a transportation preservation entity created pursuant to subdivision (a).
transportation corridor preservation entity corridor preservation
