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 new bulk terminal projects, as defined. The bill would require terminal project grantees 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 statebegin delete moneysend deletebegin insert fundsend insert in coal-supporting
7transportation projects.
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 any new bulk coal terminal project proposed on or
22after January 1, 2017.
23(b) (1) The commission shall evaluate each new terminal project
24before the commission to determine consistency with this section
25and also whether or not the purpose or intent of the new terminal
26project is to increase the state’s overall capacity to facilitate the
27transportation of coal in bulk, based on a review of the completed
28environmental documents and written
confirmation from the lead
29agency of the project, as designated pursuant to the California
30Environmental Quality Act (Division 13 (commencing with Section
3121000) of the Public Resources Code).
32(2) A terminal project grantee of funds identified by the
33commission as subject to this section shall annually notify the
34commission that the project is not being used to handle, store, or
35transport coal in bulk.
P3 1(c) This section does not apply to a project or
infrastructure
2already permitted as of January 1, 2016.
3(d) For purposes of this section, the following definitions apply:
4(1) (A) “New bulk coal terminal” means a terminal that stores,
5handles, or transports coal in bulk to a degree or significance that
6is categorized as having the potential for significant impacts in an
7environmental document prepared pursuant to the California
8Environmental Quality Act (Division 13 (commencing with Section
921000) of the Public Resources Code) as a result of the storage,
10handling, or transport of coal in bulk.
11(B) “New bulk coal terminal” does not include a project that is
12designed for safety, rehabilitation, congestion reduction,
13modernization,
maintenance, or repair of an existing operation or
14facility, including rail terminals, railyards, rail facilities, rail
15infrastructure, and rail right-of-way.
16(2) (A) “Terminal project” or “terminal” means a yard, depot,
17or off-road or other facility that exchanges freight in bulk between
18transportation modes.
19(B) “Terminal project” does not include a project that is designed
20for safety, rehabilitation, congestion reduction, modernization,
21maintenance, or repair of an existing operation or facility, including
22rail terminals, railyards, rail facilities, rail infrastructure, and rail
23right-of-way.
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