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 forbegin delete any newly proposed project that proposes to allow or facilitate the handling, storage, or transportation of coal in bulk at a port facility that is located at, or adjacent to, a disadvantaged community.end deletebegin insert new bulk terminal projects, as defined.end insert The bill would requirebegin delete a grantee of funds subject to the above prohibitionend deletebegin insert
terminal project granteesend insert to annually report to the commission that the project is not being used to handle, store, or transport coal in bulk.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
(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.
Section 14525.3 is added to the Government Code, to
17read:
(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 anybegin insert new bulk coal terminalend insert project proposed on or
22after January 1,begin delete 2017, that proposes to allow or facilitate the
23handling, storage, or transportation of coal in bulk at a port facility
24that is located in, or adjacent to, one or more disadvantaged
25communities identified pursuant to Chapter 4.1 (commencing with
26Section 39710) of Part 2 of Division 26 of the Health and Safety
27
Code.end delete
28(b) (1) The commission shallbegin insert evaluate each new terminal
29project before the commission toend insert determine consistency with this
30section and also whether or not the purpose or intent ofbegin delete anyend deletebegin insert the
31new terminalend insert projectbegin delete that meets the requirements of this sectionend delete is
32to increase the state’s overall capacity to facilitate the transportation
33ofbegin delete coal,end deletebegin insert
coal in bulk,end insert based on a review of the completed
34environmental documents and written confirmation from the lead
35agency of the project, as designated pursuant to the California
P3 1Environmental Quality Act (Division 13 (commencing with Section
221000) of the Public Resources Code).
3(2) Abegin insert terminal projectend insert grantee of fundsbegin insert identified by the
4commission asend insert subject to this section shall annually notify the
5commission that the project is not being used to handle, store, or
6transport coal in bulk.
7(c) This section does not apply to a project orbegin delete infrastructure, at begin insert
infrastructureend insert already permitted
8a port facility,end deletebegin delete in operationend delete as of
9January 1, 2016.
10(d) This section does not apply to a project, at a port facility,
11that is designed for safety, rehabilitation, congestion reduction
12modernization, maintenance, or repair of an existing operation or
13facility, including rail terminals, yards, facilities, infrastructure,
14and right-of- way.
15
(d) For purposes of this section, the following definitions apply:
16
(1) (A) “New bulk coal terminal” means a terminal that stores,
17handles, or transports coal in bulk to a degree or significance that
18is categorized as having the potential for significant impacts in
19an environmental document prepared pursuant to the California
20Environmental Quality Act (Division 13 (commencing with Section
2121000) of the Public Resources Code) as a result of the storage,
22handling, or transport of coal in bulk.
23
(B) “New bulk coal terminal” does not include a project that
24is designed for safety, rehabilitation, congestion reduction,
25modernization, maintenance, or repair of an existing operation or
26facility, including rail terminals,
railyards, rail facilities, rail
27infrastructure, and rail right-of-way.
28
(2) (A) “Terminal project” or “terminal” means a yard, depot,
29or off-road or other facility that exchanges freight in bulk between
30transportation modes.
31
(B) “Terminal project” does not include a project that is
32designed for safety, rehabilitation, congestion reduction,
33modernization, maintenance, or repair of an existing operation or
34facility, including rail terminals, railyards, rail facilities, rail
35infrastructure, and rail right-of-way.
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