21080.76.
(a) Except as provided in paragraph (8), this division does not apply to a public urban, intermodal rail station project within a long-urbanized area within the statewide passenger rail network, at which high-capacity light, commuter, and intercity rail services converge that meets the following conditions:
(1) The project primarily modernizes and expands existing station facilities and rail infrastructure to improve operational efficiency, passenger capacity, and intermodal connectivity, including changes to tracks, platforms, station facilities, public plazas or realms, safety barriers, noise barriers, sound barriers, roadway crossing and access improvements, intermodal connections and facilities, transit-oriented development, and the interface with adjacent development.
(2) All station passenger rail services exclusively use Tier 4 or cleaner rolling stock or locomotive engines that are zero emission or meet Tier 4 exhaust emissions standards, as provided in Section 1033.101 of Title 40 of the Code of Federal Regulations.
(3) The station is in an urbanized area and is not located in an air basin designated as a serious, severe, or extreme nonattainment area for particulate matter or ozone at the time the lead agency files the notice of exemption.
(4) The majority of the station project’s footprint is in an existing public right-of-way or on publicly owned property.
(5) The project complies with all applicable historic preservation measures, including Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. Sec. 470 et seq.).
(6) The project adopts a natural resource management plan or equivalent document that identifies what natural resources are present on the site and how environmental impacts affecting those natural resources will be avoided, reduced, and compensated for.
(7) The project complies with the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code, the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code), and all applicable natural resource protection laws.
(8) The lead agency provides notice to and consults with California Native American tribes that are traditionally and culturally affiliated with the geographic area of the proposed project as defined by the list maintained by the Native American Heritage Commission, in accordance with Sections 21080.3.1, 21080.3.2, 21082.3, 21084.2, and 21084.3. The consult described in this paragraph does not need to include a consultation relating to the type of environmental review required.
(9) The project adopts and implements a construction impact and mitigation plan, specifying mechanisms to reduce construction-related impacts to below state and local requirements and communicate proactively and responsively with the community.
(10) The project adopts a plan to fully address any displacement from the project consistent with federal and state relocation laws, including a plan to replace any lost housing units through new market-rate and affordable housing.
(11) The plan includes specific commitments to expanding tenant education resources and offering tenants subject to relocation by the project access to legal counsel.
(12) The local land use authority adopts an affordable housing implementation plan that prioritizes the production of new affordable housing units, preservation of affordable homes, and protection of vulnerable residents from displacement to further plan for and address displacement. The plan may be citywide or for a specific area covering the project.
(b) If the lead agency determines that a project is not subject to this division pursuant to this section, and the lead agency determines to carry out that project, the lead agency shall file a notice of exemption with the Office of Land Use and Climate Innovation and the county clerk of the county in which the project is located in the manner specified in Section 21152.
(c) (1) Exemption under this section is permitted only for projects for which a notice of exemption is filed pursuant to this section before January 1, 2032.
(2) Notwithstanding paragraph (1), a lead agency for a project for which a notice of exemption is filed before January 1, 2032, may file additional notices as required by this division on or after January 1, 2032.