(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.
(Added by Stats. 2016, Ch. 215, Sec. 2. (SB 1279) Effective January 1, 2017.)
Last modified: October 25, 2018