3. Commission's Role
The Commission has exclusive jurisdiction to determine the manner, location, maintenance, use, and type of protection devices installed at rail crossings in California, pursuant to Pub. Util. Code § 1202(a), and § 99152. Rule 3.11 of the Commission's Rules of Practice and Procedure (Rules) further states that any crossing of a light-rail transit system (such as the Expo line) must comply with the same general requirements applicable to railroad crossings.
Specifically, Pub. Util. Code § 1201 prohibits construction of a "track of any railroad corporation...across a public road, highway, or street at grade...without having first secured the permission of the [C]ommission." Furthermore, the Commission has:
exclusive power to determine and prescribe the manner, including the particular point of crossing, and the terms of installation, operation, maintenance, use, and protection of each crossing of ...a public or publicly used road or highway by a railroad or street railroad, and of a street by a railroad or of a railroad by a street.3
Public Util. Code § 99152 makes any new "public transit guideway" subject to "regulation of the Public Utilities Commission related to safety appliances and procedures."
The Commission is also the responsible agency for this project under CEQA. CEQA requires that the Commission consider that portion of the environmental consequences of a project within its area of expertise that is subject to its discretionary approval. The specific activities that must be conducted by a responsible agency are contained in CEQA Guideline Section 15096. The Commission has reviewed and considered the lead agencies' environmental documentation.
As stated in D.07-12-029, and repeated here, the Commission's role in this proceeding is not to approve the Expo Line project itself, but to consider (authorize or deny) the installation of the crossings that will serve the line.
3 Pub. Util. Code § 1202(a).
