BILL NUMBER: SB 1279 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 20, 2016
AMENDED IN SENATE MAY 31, 2016
AMENDED IN SENATE APRIL 26, 2016
AMENDED IN SENATE APRIL 4, 2016
AMENDED IN SENATE MARCH 30, 2016
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 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.
new bulk terminal projects, as defined. The bill would
require a grantee of funds subject to the above prohibition
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:
SECTION 1. (a) The Legislature finds and declares that, to avoid
the impacts of localized airborne particulate matter associated with
the transportation of coal and the increased emissions of greenhouse
gases associated with the use of coal, the State of California should
make all reasonable and legal efforts to avoid the investment of
state moneys in coal-supporting transportation projects.
(b) It is the intent of the Legislature that the State of
California cease all investments in transportation infrastructure
projects that store, transfer, or transport significant amounts of
coal in bulk. While it is not the intent of the Legislature to
disrupt existing, regular, and lawful interstate and international
commerce involving operations that may transport coal at present, it
is the intent of the Legislature to avoid making new investments in
coal-supporting projects.
SEC. 2. Section 14525.3 is added to the Government Code, to read:
14525.3. (a) To the extent consistent with federal law, the
commission shall not program or allocate any state funds, including
proceeds from the sale of general obligation bonds, under its
jurisdiction for any new bulk coal terminal project
proposed on or after January 1, 2017, that proposes to allow
or facilitate the handling, storage, or transportation of coal in
bulk at a port facility that is located in, or adjacent to, one or
more disadvantaged communities identified pursuant to Chapter 4.1
(commencing with Section 39710) of Part 2 of Division 26 of the
Health and Safety Code. 2017.
(b) (1) The commission shall evaluate each new terminal
project before the commission to determine consistency with
this section and also whether or not the purpose or intent of
any the new terminal project
that meets the requirements of this section is to increase
the state's overall capacity to facilitate the transportation of
coal, coal in bulk, based on a review
of the completed environmental documents and written confirmation
from the lead agency of the project, as designated pursuant to the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code).
(2) A terminal project grantee of funds identified
by the commission as subject to this section shall annually
notify the commission that the project is not being used to handle,
store, or transport coal in bulk.
(c) This section does not apply to a project or
infrastructure, at a port facility, infrastructure
already permitted in operation as of January
1, 2016.
(d) This section does not apply to a project, at a port facility,
that is designed for safety, rehabilitation, congestion reduction
modernization, maintenance, or repair of an existing operation or
facility, including rail terminals, yards, facilities,
infrastructure, and right-of- way.
(d) For purposes of this section, the following definitions apply:
(1) (A) "New bulk coal terminal" means a terminal that stores,
handles, or transports coal in bulk to a degree or significance that
is categorized as having the potential for significant impacts in an
environmental document prepared pursuant to the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) as a result of the storage,
handling, or transport of coal in bulk.
(B) "New bulk coal terminal" does not include a project that is
designed for safety, rehabilitation, congestion reduction,
modernization, maintenance, or repair of an existing operation or
facility, including rail terminals, railyards, rail facilities, rail
infrastructure, and rail right-of-way.
(2) (A) "Terminal project" or "terminal" means a yard, depot, or
off-road or other facility that exchanges freight in bulk between
transportation modes.
(B) "Terminal project" does not include a project that is designed
for safety, rehabilitation, congestion reduction, modernization,
maintenance, or repair of an existing operation or facility,
including rail terminals, railyards, rail facilities, rail
infrastructure, and rail right-of-way.