SECTIONS 33910-33917 - California Statutes

PUBLIC RESOURCES CODE

SECTION 33910-33917

33910. As used in this division, "department" means the Department
of Transportation.

33911. 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.

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) 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.

33913. 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) 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) 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) Other information submitted to the regional transportation
planning agency in the public hearing or in writing regarding the
proposed acquisition by the department.

33914. 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.

33915. The acquisition and holding of land under this division
constitutes a public purpose, notwithstanding Section 1240.220 of the
Code of Civil Procedure.

33916. Nothing in this division limits the authority conferred on
the department by Section 104.6 of the Streets and Highways 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) Sections 33911, 33913, 33914, and 33915 apply to a
transportation preservation entity created pursuant to subdivision
(a).