Bill Text: CA SB1279 | 2015-2016 | Regular Session | Amended

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

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Bill Title: California Transportation Commission: funding prohibition: coal shipment.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2016-08-26 - Chaptered by Secretary of State. Chapter 215, Statutes of 2016. [SB1279 Detail]

Download: California-2015-SB1279-Amended.html

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BILL NUMBER: SB 1279	AMENDED
	BILL TEXT

	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 and that proposes to allow or facilitate the handling,
storage, or transportation of coal in bulk.   community.
The bill would require a grantee of funds subject to the above
prohibition 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 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 and
that proposes to allow or facilitate the handling, storage, or
transportation of coal in bulk.   Code. 
   (b)  (1)    The commission shall 
evaluate each project before it for consistency with this section and
determine whether or not the project as proposed will  
determine consistency with this section and also whether or not the
purpose or intent of any project that meets the requirements of this
section is to  increase the state's overall capacity to
facilitate the transportation of  coal.   coal,
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 grantee of funds 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   infrastructure, at a port facility,
 already permitted in operation as of January 1, 2016.
   (d) This section does not apply to a  project 
 project, at a port facility, that is  designed for safety,
 rehabiliation,   rehabilitation, congestion
reduction  modernization, maintenance, or repair of an existing
operation or  facility.   facility, including
rail terminals, yards, facilities, infrastructure, and right-of- way.