Bill Text: CA SB1278 | 2015-2016 | Regular Session | Amended

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Bill Title: California Environmental Quality Act: Port of Oakland: coal shipment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [SB1278 Detail]

Download: California-2015-SB1278-Amended.html

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BILL NUMBER: SB 1278	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 30, 2016

INTRODUCED BY   Senator Hancock

                        FEBRUARY 19, 2016

   An act to add Section 21080.50 to the Public Resources Code,
relating to environmental quality.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1278, as amended, Hancock. California Environmental Quality
Act: Port of Oakland: coal shipment.
   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 (EIR) 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.
   This bill would require every public agency with discretionary
approval of any portion of a project relating to the shipment of coal
through the Port of Oakland to prepare or cause to  prepare
  be prepared  an EIR.
   Because  the bill would create new duties for  a public
agency, which includes a local agency,  would be required to
prepare or cause to prepare an EIR,  this bill would impose
a state-mandated local program.
   This bill would make legislative findings and declarations as to
the necessity of a special statute for  the  City of
Oakland.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21080.50 is added to the Public Resources Code,
to read:
   21080.50.  Notwithstanding other provisions of this 
division,   division and to the extent consistent with
federal law,  every public agency with discretionary approval of
any portion of a project relating to the shipment of coal through
the Port of Oakland shall prepare or cause to  prepare
  be prepared  an environmental impact report
pursuant to this division.
  SEC. 2.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique nature of coal shipment through the Port of
Oakland.
  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.