Bill Text: CA SB1280 | 2015-2016 | Regular Session | Amended

California Senate Bill 1280 (Prior Session Legislation)

Bill Title: California Environmental Quality Act: coal shipments: mitigation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [SB1280 Detail]

Download: California-2015-SB1280-Amended.html

BILL NUMBER: SB 1280	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 30, 2016

INTRODUCED BY   Senator Hancock

                        FEBRUARY 19, 2016

   An act to add Section 21081.1 to the Public Resources Code,
relating to environmental quality.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1280, as amended, Hancock. California Environmental Quality
Act: coal shipments: mitigation.
   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 prohibit a lead agency from adopting a negative
declaration or a mitigated negative declaration or certifying an EIR
for a project affecting the shipment of commodity through a port
facility that is receiving state funds from the Trade Corridors
Improvement Fund unless the lead agency either prohibits coal
shipment through the port facility or requires full and complete
mitigation of the emissions of greenhouse gases resulting from the
combustion of coal shipped through the port facility, as determined
by the State Air Resources Board. The bill would, to the extent an
EIR has been certified, or a negative declaration or mitigated
negative declaration has been adopted, for those projects, require
the lead agency to conduct a supplemental or subsequent environmental
review to comply with the above requirements. Because a local agency
would be required to implement these requirements, this 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.
   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 21081.1 is added to the Public Resources Code,
to read:
   21081.1.  (a) For the approval of a project affecting the shipment
of commodities through a port facility, the lead agency shall not
adopt a negative declaration or a mitigated negative declaration, or,
notwithstanding Section 21081, certify an environmental impact
report, unless the lead agency, in the relevant environmental
document, does either of the following:
   (1) Prohibits coal shipment through the port facility.
   (2) Requires the full and complete mitigation of the emissions of
greenhouse gases resulting from the combustion of the coal shipped
through the port facility, as determined by the State Air Resources
Board.
   (b) To the extent that an environmental impact report has been
certified, or a negative declaration or mitigated negative
declaration has been adopted, for a project affecting the shipment of
 commodity   commodities  through a port
facility, the lead agency shall conduct a supplemental or subsequent
environmental review in compliance with this section.
   (c) This section applies only with respect to a port facility that
receives state funds from the Trade Corridors Improvement Fund
pursuant to Section 8879.23 of the Government Code or Section 2192 of
the Streets and Highways  Code.   Code and only
to the extent consistent with federal law. 
  SEC. 2.  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.