Rail Crossing Formal Applications

As of September 17, 2026, Commission Resolution SX-171 adopts a simplified filing process and expedited review of uncontested rail crossing Formal Applications (Application). Under this expedited process, the CPUC Rail Safety Division’s Rail Crossings and Engineering Branch (RCEB) staff will review the crossing Application and prepare a draft Commission Resolution authorizing the new crossing(s) for Commission consideration. Contested rail crossing Applications will be assigned to the Administrative Law Judge Division to resolve disputed issues.

Expedited Rail Crossing Application Process

All applicants should work with RCEB staff to review the draft Application prior to filing. The Application must then be filed using the CPUC e-file process. Applications must include the following:

• Application Cover Page (sample)
• Expedited Rail Crossing Application Form
• All appendices marked in Section 4 of the Application Form.

Notes: All documents must be PDF/A compliant (Instructions). The fillable Application form must not be modified. Any issues with using the form should be discussed with RCEB staff.

Once the crossing application package has been e-filed, the applicant shall serve RCEB with a copy of the application by email at rceb@cpuc.ca.gov. The applicant must concurrently serve its Application to all appropriate stakeholders, including but not limited to, the agency that has jurisdiction over the roadway, the railroad or rail transit agency with responsibility over the rail right of way, the local municipality or communities that might be impacted by the proposed crossing project in accordance with the certificate of service requirements in the Commission Rules of Practice and Procedure.

Note: All parties are to be served on the same email as visible CCs – do not use BCC. The subject line of the email shall state “Exempt Railroad Application for [name of crossing(s) or project if a corridor project]” and include the name of the applicant. 

Once the Application is accepted, it will be placed on the Commission’s Daily Calendar and a 30 calendar day public comment period begins. If the Application is uncontested, RCEB staff will prepare a draft Commission Resolution for Commission consideration. This process is expected to take approximately 120 days.

Frequently Asked Questions (FAQ)

1. Does a rail crossing project require a "Formal Application" or "GO 88-B" authorization from CPUC?

Authority to construct a new public rail crossing is granted by the CPUC through the Formal Application process. 

Authority to modify an existing public rail crossing is typically granted through the Commission General Order 88-B (GO 88-B) process in which the Commission delegated the authorization to RCEB.

2. When is a Formal Application required?

Whenever a new public rail crossing is to be constructed, including the establishment of a public crossing at an existing private rail crossing location. 

A Formal Application will be required to authorize alterations to an existing crossing when all parties cannot agree on the alterations, or for projects not meeting the requirements of GO 88-B.

3. What about alterations to an existing rail crossing?

A request will be submitted to RCEB staff for authorization to alter a crossing, pursuant to Commission GO 88-B.  Refer to General Order 88-B for details.

4. Are rail transit crossings authorized in the same way?

Yes. Rail transit crossing projects will be authorized through the Formal Application or Commission GO 88-B process discussed above.

5. Who can file an Application?

The applicant must be a roadway agency (city, county, or state), railroad, rail transit agency, or a governmental authority which proposes the modification. See the Commission Rules of Practice and Procedure, Rules 3.7 to 3.11.

6. Is it necessary to contact the CPUC prior to filing an Application?

Applicants are strongly encouraged to contact and work with RCEB staff prior to filing any Application for a new rail crossing.  It is advisable to reach out early and keep RCEB staff involved throughout the design stage, so that any issues/concerns can be brought up, discussed, and resolved prior to finalizing the design and submitting the Application. RCEB staff are available to answer questions or provide feedback at any stage of a project, including preliminary or conceptual design of a project.

7. What if there is a protest to the Application?

Any protest will require the Application to be assigned to an Administrative Law Judge, who will work to resolve any issues brought up by the protest.

This process can take approximately 18 months or longer, depending on the complexity of the issue.

8. Is a new Application needed if there is a protest?

No. The Application package already filed will be used by the Administrative Law Judge, although it is likely that additional information will be requested.

9. How do I make sure the filing is acceptable to the CPUC Docket Office?

Applicants should ensure that the content and filing procedure is consistent with the Commission's Rules of Practice and Procedure for an Application to be accepted by the Commission's Docket Office.

It is advisable to have RCEB staff review the Application before filing. 

As of April 2018, the Commission Rules of Practice and Procedure, Rule 1.13(b), allows for electronic submission of documents that do "not exceed 1.5 gigabytes in size."

For assistance with filing, you can contact the CPUC Docket Office at efile-help@cpuc.ca.gov or call at (415) 703-2121.