Amended in Senate May 31, 2016

Amended in Senate April 26, 2016

Amended in Senate April 4, 2016

Amended in Senate March 30, 2016

Senate BillNo. 1279


Introduced by Senator Hancock

February 19, 2016


An act to add Section 14525.3 to the Government Code, relating to transportation.

LEGISLATIVE COUNSEL’S DIGEST

SB 1279, as amended, Hancock. California Transportation Commission: funding prohibition: coal shipment.

Existing law creates the California Transportation Commission, with various duties and responsibilities relative to the programming and allocation of funds for transportation capital projects.

This bill would, except as specified, prohibit the commission from programming or allocating any state funds for any newly proposed projectbegin insert that proposes to allow or facilitate the handling, storage, or transportation of coal in bulkend insert at a port facility that is located at, or adjacent to, a disadvantagedbegin delete community and that proposes to allow or facilitate the handling, storage, or transportation of coal in bulk.end deletebegin insert community. The bill would require a grantee of funds subject to the above prohibition to annually report to the commission that the project is not being used to handle, store, or transport coal in bulk.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

(a) The Legislature finds and declares that, to
2avoid the impacts of localized airborne particulate matter associated
3with the transportation of coal and the increased emissions of
4greenhouse gases associated with the use of coal, the State of
5California should make all reasonable and legal efforts to avoid
6the investment of state moneys in coal-supporting transportation
7projects.

8(b) It is the intent of the Legislature that the State of California
9cease all investments in transportation infrastructure projects that
10store, transfer, or transport significant amounts of coal in bulk.
11While it is not the intent of the Legislature to disrupt existing,
12regular, and lawful interstate and international commerce involving
13operations that may transport coal at present, it is the intent of the
14Legislature to avoid making new investments in coal-supporting
15projects.

16

SEC. 2.  

Section 14525.3 is added to the Government Code, to
17read:

18

14525.3.  

(a) To the extent consistent with federal law, the
19commission shall not program or allocate any state funds, including
20proceeds from the sale of general obligation bonds, under its
21jurisdiction for any project proposed on or after January 1, 2017,
22begin insert that proposes to allow or facilitate the handling, storage, or
23transportation of coal in bulkend insert
at a port facility that is located in,
24or adjacent to, one or more disadvantaged communities identified
25pursuant to Chapter 4.1 (commencing with Section 39710) of Part
262 of Division 26 of the Health and Safetybegin delete Code and that proposes
27to allow or facilitate the handling, storage, or transportation of coal
28in bulk.end delete
begin insert Code.end insert

29(b) begin insert(1)end insertbegin insertend insert The commission shallbegin delete evaluate each project before it
30for consistency with this section and determine whether or not the
31project as proposed willend delete
begin insert determine consistency with this section
32and also whether or not the purpose or intent of any project that
33meets the requirements of this section is toend insert
increase the state’s
34overall capacity to facilitate the transportation ofbegin delete coal.end deletebegin insert coal, based
35on a review of the completed environmental documents and written
36confirmation from the lead agency of the project, as designated
37pursuant to the California Environmental Quality Act (Division
P3    113 (commencing with Section 21000) of the Public Resources
2Code).end insert

begin insert

3
(2) A grantee of funds subject to this section shall annually
4notify the commission that the project is not being used to handle,
5store, or transport coal in bulk.

end insert

6(c) This section does not apply to a project orbegin delete infrastructureend delete
7begin insert infrastructure, at a port facility,end insert already permitted in operation as
8of January 1, 2016.

9(d) This section does not apply to abegin delete projectend deletebegin insert project, at a port
10facility, that isend insert
designed for safety,begin delete rehabiliation,end deletebegin insert rehabilitation,
11congestion reductionend insert
modernization, maintenance, or repair of an
12existing operation orbegin delete facility.end deletebegin insert facility, including rail terminals,
13yards, facilities, infrastructure, and right-of- way.end insert



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