California Senate Bill SB1279 Amended / Bill

 BILL NUMBER: SB 1279AMENDED 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.