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 ASSEMBLY  AUGUST 4, 2016
	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
    (   Coauthor:   Senator   Allen
  ) 
    (   Coauthors:   Assembly Members 
 Bonta   and Thurmond   ) 

                        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 new bulk terminal
projects, as defined. The bill would require 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   funds  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.
   (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 the new terminal project
is to increase the state's overall capacity to facilitate the
transportation of 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
already permitted as of January 1, 2016.
   (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.