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

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

---

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

---

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.