California 2017-2018 Regular Session

California Assembly Bill AB520 Latest Draft

Bill / Introduced Version Filed 02/13/2017

                            CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 520Introduced by Assembly Member HarperFebruary 13, 2017 An act to add Section 53087.8 to the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTAB 520, as introduced, Harper. Local government: energy source materials.The California Constitution authorizes cities and counties to make and enforce within their limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws, and further authorizes cities organized under a charter to make and enforce all ordinances and regulations in respect to municipal affairs, which supersede inconsistent general laws.This bill would prohibit a local agency, as defined, from prohibiting the shipment or storage of any energy source material, including, but not limited to, coal, within its jurisdiction. The bill would declare that its provisions constitute a matter of statewide concern.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 53087.8 is added to the Government Code, to read:53087.8. (a) A local agency shall not make or enforce an ordinance or resolution prohibiting the transport or storage of any energy source material within its jurisdiction.(b) As used in this section, local agency means a county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or other local public board, agency, or commission.(c) The Legislature hereby finds and declares that this section addresses a matter of statewide concern and shall therefore apply equally to all cities, including charter cities.

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 520Introduced by Assembly Member HarperFebruary 13, 2017 An act to add Section 53087.8 to the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTAB 520, as introduced, Harper. Local government: energy source materials.The California Constitution authorizes cities and counties to make and enforce within their limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws, and further authorizes cities organized under a charter to make and enforce all ordinances and regulations in respect to municipal affairs, which supersede inconsistent general laws.This bill would prohibit a local agency, as defined, from prohibiting the shipment or storage of any energy source material, including, but not limited to, coal, within its jurisdiction. The bill would declare that its provisions constitute a matter of statewide concern.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 





 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 520

Introduced by Assembly Member HarperFebruary 13, 2017

Introduced by Assembly Member Harper
February 13, 2017

 An act to add Section 53087.8 to the Government Code, relating to local government. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 520, as introduced, Harper. Local government: energy source materials.

The California Constitution authorizes cities and counties to make and enforce within their limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws, and further authorizes cities organized under a charter to make and enforce all ordinances and regulations in respect to municipal affairs, which supersede inconsistent general laws.This bill would prohibit a local agency, as defined, from prohibiting the shipment or storage of any energy source material, including, but not limited to, coal, within its jurisdiction. The bill would declare that its provisions constitute a matter of statewide concern.

The California Constitution authorizes cities and counties to make and enforce within their limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws, and further authorizes cities organized under a charter to make and enforce all ordinances and regulations in respect to municipal affairs, which supersede inconsistent general laws.

This bill would prohibit a local agency, as defined, from prohibiting the shipment or storage of any energy source material, including, but not limited to, coal, within its jurisdiction. The bill would declare that its provisions constitute a matter of statewide concern.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 53087.8 is added to the Government Code, to read:53087.8. (a) A local agency shall not make or enforce an ordinance or resolution prohibiting the transport or storage of any energy source material within its jurisdiction.(b) As used in this section, local agency means a county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or other local public board, agency, or commission.(c) The Legislature hereby finds and declares that this section addresses a matter of statewide concern and shall therefore apply equally to all cities, including charter cities.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 53087.8 is added to the Government Code, to read:53087.8. (a) A local agency shall not make or enforce an ordinance or resolution prohibiting the transport or storage of any energy source material within its jurisdiction.(b) As used in this section, local agency means a county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or other local public board, agency, or commission.(c) The Legislature hereby finds and declares that this section addresses a matter of statewide concern and shall therefore apply equally to all cities, including charter cities.

SECTION 1. Section 53087.8 is added to the Government Code, to read:

### SECTION 1.

53087.8. (a) A local agency shall not make or enforce an ordinance or resolution prohibiting the transport or storage of any energy source material within its jurisdiction.(b) As used in this section, local agency means a county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or other local public board, agency, or commission.(c) The Legislature hereby finds and declares that this section addresses a matter of statewide concern and shall therefore apply equally to all cities, including charter cities.

53087.8. (a) A local agency shall not make or enforce an ordinance or resolution prohibiting the transport or storage of any energy source material within its jurisdiction.(b) As used in this section, local agency means a county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or other local public board, agency, or commission.(c) The Legislature hereby finds and declares that this section addresses a matter of statewide concern and shall therefore apply equally to all cities, including charter cities.

53087.8. (a) A local agency shall not make or enforce an ordinance or resolution prohibiting the transport or storage of any energy source material within its jurisdiction.(b) As used in this section, local agency means a county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or other local public board, agency, or commission.(c) The Legislature hereby finds and declares that this section addresses a matter of statewide concern and shall therefore apply equally to all cities, including charter cities.



53087.8. (a) A local agency shall not make or enforce an ordinance or resolution prohibiting the transport or storage of any energy source material within its jurisdiction.

(b) As used in this section, local agency means a county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or other local public board, agency, or commission.

(c) The Legislature hereby finds and declares that this section addresses a matter of statewide concern and shall therefore apply equally to all cities, including charter cities.