Bill Text: CA AB40 | 2025-2026 | Regular Session | Amended

California Assembly Bill 40

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: California Environmental Quality Act: environmental impact reports: coal handling, storage, and export.

Sponsorship: Partisan Bill (Democrat 3)

Status: (Engrossed) 2026-07-02 - Read second time and amended. Re-referred to Com. on APPR. [AB40 Detail]

Download: California-2025-AB40-Amended.html

Amended IN Senate June 15, 2026

Amended IN Senate August 21, 2025

Amended IN Assembly March 05, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 40

Introduced by Assembly ~~Members Bryan and Berman~~ Member Bonta

December 02, 2024

~~An act to amend Section 21454 of the Elections Code, relating to redistricting, and declaring the urgency thereof, to take effect immediately.~~ An act to add Section 21080.52 to the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL'S DIGEST

AB 40, as amended, ~~Bryan and Berman~~ Bonta. ~~Redistricting: congressional districts.~~ California Environmental Quality Act: environmental impact reports: coal handling, storage, and export.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA provides that when an environmental impact report has been prepared for a project, no subsequent or supplemental environmental impact report shall be required by a lead agency or responsible agency, unless specified events occur.
This bill would require every public agency with discretionary approval over any portion of a new project, or material expansion of an existing project, with a design capacity exceeding 5,000,000 short tons per year of coal handling, storage, or export to prepare or cause to be prepared an environmental impact report. The bill would require a subsequent or supplemental environmental impact report if there is a change in the type or a substantial change in the quantity of coal handled, stored, or exported or if the environmental impact report is 10 or more years old. The bill would also prohibit a lead agency from certifying an environmental impact report pursuant to these provisions that identifies significant air quality impacts unless the project proponent demonstrates enforceable mitigation measures to reduce fine and coarse pollutants, as specified.
Because the bill would create new duties for a public agency, which includes a local agency, and a lead agency, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The California Constitution requires the Citizens Redistricting Commission to adjust the boundary lines of the congressional, State Senate, Assembly, and State Board of Equalization districts in each year ending in 1.
If approved by the electors, ACA 8 of the 2025–26 Regular Session would temporarily adopt new congressional district boundaries until 2031. The new congressional district boundaries are set forth in AB 604 of the 2025–26 Regular Session, which specifies that those district boundaries would become operative only if ACA 8 is approved by the electors.
This bill would instead make the congressional district boundaries in AB 604 operative only if ACA 8 is approved by the electors and another state adopts a new congressional district map that takes effect after August 1, 2025, and before January 1, 2031, and that was not required by a federal court order.
~~This bill would declare that it is to take effect immediately as an urgency statute.~~

Vote: ~~TWO_THIRDS~~MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES

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

SECTION 1.

The Legislature finds and declares all of the following:

(a) The West Oakland community has a high cumulative air pollution exposure burden, a significant number of sensitive receptors, and includes census tracts that have been designated as disadvantaged communities. West Oakland is impacted by mobile sources of pollution, including diesel trucks and buses, and pollution from industry operations and adjacent Interstates 580, 980, and 880.
(b) West Oakland was selected as a first-year priority community under the Community Air Protection Program pursuant to Assembly Bill 617 (Chapter 136 of the Statutes of 2017).
(c) West Oakland residents are predominantly people of color, and the life expectancy for an African American child born and raised in West Oakland is at least 15 years fewer than for a white child born and raised in wealthier Oakland neighborhoods.
(d) The State Air Resources Board funded peer-reviewed research that identified significant increases in fine particulate matter (PM2.5) in California due to passing coal-carrying trains and found that trains with empty coal cars also generated increases in PM2.5.
(e) Coal train pollution has significant health effects that disproportionately impact communities of color and low-income individuals.
(f) The United States Environmental Protection Agency found that PM2.5 poses the greatest risk to health of particulate matter pollutants.

SEC. 2.

Section 21080.52 is added to the Public Resources Code, to read:

21080.52.
(a) Notwithstanding any other provision of this division, a public agency with a discretionary approval over any portion of a new project, or material expansion of an existing project, with a design capacity exceeding 5,000,000 short tons per year of coal handling, storage, or export shall prepare or cause to be prepared an environmental impact report pursuant to this division.
(b) Notwithstanding any other provision of this division, a subsequent or supplemental environmental impact report shall be required for a project described in subdivision (a) if any of the following apply:
(1) There is a change in the type of coal handled, stored, or exported.
(2) There is a significant change in the quantity of coal handled, stored, or exported.
(3) The environmental impact report is 10 or more years old.
(c) If an environmental impact report pursuant to this section identifies significant air quality impacts, a lead agency shall not certify the environmental impact report unless the project proponent demonstrates enforceable mitigation measures to reduce fine and coarse pollutants to within the threshold limit set by the lead agency.

SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

SECTION 1.Section 21454 of the Elections Code, as proposed to be added by Assembly Bill 604 of the 2025–26 Regular Session, is amended to read:
21454.
~~This chapter shall become operative only if both of the following conditions are satisfied:~~
~~(a)Assembly Constitutional Amendment 8 of the 2025–26 Regular Session is approved by the voters and takes effect.~~
(b)(1)Texas, Florida, or another state adopts a new congressional district map that takes effect after August 1, 2025, and before January 1, 2031, and such redistricting is not required by a federal court order.
(2)The condition described in paragraph (1) shall include a new congressional district map adopted by the State of Ohio only if the map is adopted pursuant to division (F)(3) of Section 1 of Article XIX of the Ohio Constitution.
SEC. 2.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order that congressional redistricting plans may be implemented as soon as possible, and to ensure the rights of all Californians to equal protection of the laws, it is necessary that this act take effect immediately.